Mizan Law Review

Before We Forget its Horrors: When Does Human Genome Editing Not Become Eugenics?

2024-09-28T13:41:37+00:00

Biomedical advances in genomics, particularly the sequencing of the human genome and the subsequent development of a very versatile human genome editing (HGE) tool – the CRISPR Cas9 – have deepened concerns of many over possible eugenic abuses in the deployment of the technology in clinical settings. This is not surprising considering the ignominious history associated with the eugenic movement of the past. This article, using a human-rights focused and theoretical approach, contests the arguments and counter arguments for and against the eugenic goals of HGE, particularly concerning human germline genome editing (HGGE). In doing this, it interspersed the discourse with particularized African perspectives on eugenics and HGE. The article, after establishing the claim of the pursuit of eugenic goals regarding HGGE, goes ahead to offer five suggestions on the implications of these for the design of appropriate legal and regulatory frameworks in response. Foundational is the recognition that law should promote and not stifle innovation. Law, however, should be based on “good science” backed with ascertainable scientific and clinical evidence, not pseudoscience. Likewise, an appropriate legal and regulatory response should consolidate and advance basic human rights including the rights of people living with disability.

Federal Supreme Court Cassation Decisions on Child Rights in Light of the CRC and Ethiopian Laws

2024-09-28T13:57:53+00:00

Even though Ethiopia acceded to the Convention on the Rights of the Child (the CRC) about eight months after it entered into force, the Federal Supreme Court (FSC) Cassations Bench took a long time to cite provisions from the CRC in its decisions. The Supreme Court has recently started citing provisions from the CRC to substantiate its binding interpretation and decisions. In its cassation division, the Ethiopian Supreme Court is mandated to render binding interpretation of legal provisions as stipulated under Article 10(2) of the Federal Courts Proclamation No. 1234/2013. So far, the Federal Supreme Court has published 25 volumes on different subject matters including family, criminal, civil, labour, and tort cases. This article explores the influence of CRC provisions in interpreting children’s rights before the Supreme Court’s cassation division. Moreover, this article assesses the attention given to CRC’s provisions in the Supreme Court’s binding interpretation process and decisions. The article also notes the significance of binding interpretations of child rights in light of their contribution to the development of the scope of legal protection bestowed toward children's rights domestically.

Greening Industries in Ethiopia: Analysis of Laws and Overview of Compliance in Three Industrial Parks

2024-09-28T14:06:31+00:00

Ethiopia has been developing industrial parks to promote development. Industrial park development process is regulated by international and domestics laws and it envisages green development or sustainable industrial parks. This article investigates the Ethiopian laws and the practices in Bole Lemi I, Kombolcha and Hawassa industrial parks. The methodology of the research mainly focused on laws and some empirical research through interviews, questionnaires, and observation to gather primary data from the three industrial parks as insights to industrial parks under comparable circumstances. The finding reveals that there are legal gaps in environmental standards such as absence of plastic-waste management that ensures green industrial development. There are also gaps relating to the right to fair wage for the workers in the industries under study. The relevant regulatory organs are thus expected to pay due attention to these gaps that should be addressed in tandem with the standards and the path required in sustained economic win-win benefits to investors, employees, and the public in the context of inclusive development and environmental sustainability.

Increasing Capital of Share Companies under Ethiopian Law

2024-09-28T14:19:37+00:00

The biggest concern of the law during capital increase is the protection of minority shareholders. In this regard, the law creates some safeguards. The first protection relates to placing the power of increasing capital in the hands of the extra ordinary general meeting which is subject to higher quorum and majority rules. The second protection involves pre-emptive rights of shareholders to new issue of shares in proportion to each shareholder’s existing shareholding, which can only be bypassed under very stringent conditions. Where pre-emptive right is bypassed, fair valuation of new shares is provided as an alternative remedy. Other exceptional remedies include each shareholder’s right to veto down capital increase resolutions, or opt-out right from the increase resolution, depending on different contexts. In terms of the authority to decide on increase, Ethiopian law recognizes the ultimate power of the shareholders meeting to determine increase of capital, including the amount and the manner of the increase. Contrary to many other laws that give wider power to the board of directors to increase capital under delegation, Ethiopian Commercial Code limits the board’s power to merely implementing the decision of the general meeting. However, careful examination of the law indicates that under the delegation of the general meeting, the board can do more than merely implementing the decisions of the meeting. The law should be interpreted as allowing delegated capital increase by the board of directors in order to introduce efficiency in capital raising which, inter alia, may extend to the extent of exercising discretion to bypass pre-emptive rights. With such schemes, efficiency for the company and fairness towards minority shareholders should be balanced.

Legal Issues on Corporate Governance of State-owned Enterprises in Ethiopia in Light of Global Good Practices

2024-09-28T14:28:56+00:00

There are several state-owned enterprises in Ethiopia, and these enterprises have dominance in many strategic sectors. Although the state has enacted corporate governance laws, there are concerns that the laws are not comprehensive and strong enough, and need to draw lessons from comparative global good practices. This article analyses the Ethiopian laws and practices of corporate governance of state-owned enterprises in light of the OECD Guidelines on Corporate Governance of State-owned Enterprises, World Bank Toolkit, and comparative good practices. The analysis shows that the existing laws and practices of corporate governance of state-owned enterprises have gaps that have several implications on the corporate governance of state-owned enterprises. Thus, there is the need for reform or enactment of laws that incorporate good practices of corporate governance of state-owned enterprises.

The Praxis of Gender Responsive Lawmaking in Ethiopia: Challenges and Prospects

2024-09-28T14:36:27+00:00

The law plays an important role in shaping the norms, values, behaviors, actions and practices of the state and its citizens. This is, inter alia, observed in the realm of setting gender roles and expectations. Based on the extent to which the law addresses gender issues, it can be categorized as gender regressive, gender blind, gender neutral, or gender responsive. This article underlines the normative role of the law in achieving gender equality by examining the practice of gender responsive legislation in Ethiopia. It also discusses the approaches, techniques, tools and methods of gender responsive legislative drafting. For the purpose of conducting this research, reviews of laws, expert interviews and literature review have been undertaken. The finding of the research demonstrates that there is a strong legislative and institutional backing to integrate gender in the legislative drafting process and there are promising practices to integrate gender in the legislative drafting process. However, capacity gaps, lack of accountability mechanisms and gaps in the participation of women and women’s organizations in the legislative drafting process have resulted in irregular and inconsistent practices in adopting a gender responsive legislative drafting process. There is thus a need for regularized and institutionalized approach to ensure that laws contribute toward gender equality in Ethiopia.

Comment: Proposed Amendments to the Federal Civil Servants Proclamation No. 1064/2017 from Gender and Child Rights Perspective

2024-09-28T14:43:10+00:00

The amendment of the Federal Civil Servants Proclamation No.1064/2017 is a good opportunity to address gender equity-related matters between civil service employees. The amendment is expected to contribute to maternal and child health issues through adequate maternity/paternity leave, to keeping workforce safety through mitigating workplace gender-based violence (GBV) in the required manner and towards ensuring that affirmative measure privileges of women are applicable throughout the employment, promotion, and capacity building processes and procedures. Limitations in the Ethiopian Federal Civil Servants Proclamation No.1064/2017 in relation to the duration and the type of maternity/paternity leave during birth and miscarriage of pregnancy, and with regard to adoptive parents/guardians are addressed in this comment. Moreover, the application of childcare facility in public institutions, addressing workplace GBV (gender-based violence) in an inclusive manner, ensuring employment, on-the-job trainings and educational opportunities in public institutions are aligned with affirmative measures (that women are entitled to) are addressed. Thus, bridging these gaps in the process of amending the Proclamation is believed to result in gender and child rights inclusive public serving space.

Secular ¬Interpretation of the Best Interest of the Child: CCI’s Decision on Child Custody in the Context of Divorced Parents (Case Comment)

2024-09-28T14:48:59+00:00

International and regional human rights instruments state that the child's right to freedom of religion must be entrusted to the adult parents or guardians and the instruments do not allow state intervention. Likewise, the Ethiopian Constitution allows parents to make sure that their children have religious education; and it gives jurisdiction to religious courts over matters of custody. However, such laws can be insensitive to human rights issues when religious courts and human rights clash. This comment evaluates the recent interpretation by the Council of Constitutional Inquiry (CCI) in light of international and regional practices. The comment examines whether CCI’s decision constitutes an advanced, child rights-based approach in interpreting what is in the best interest of the child in the context of divorced parents whereby the parent who has custody embraces a different religion after divorce. The analysis shows that this line of interpretation can be considered as an advanced way of child rights-based approach for interpreting best interest of the child.

Comment: The Propriety of Locus Standi Provision in Nigeria’s Fundamental Rights (Enforcement Procedure Rules), 2009

2024-09-28T14:55:19+00:00

Section 46(2) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN 1999) empowers the Chief Justice of Nigeria (CJN) to make rules regulating the enforcement of human rights. In 2009, pursuant to the foregoing powers, the CJN made the Fundamental Rights (Enforcement Procedure) Rules (FREP Rules 2009). Item 3(e) of the FREP Rules 2009 conferred locus standi (LS) on persons other than those specified under section 46(1) of CFRN 1999 to institute fundamental rights enforcement suits. The issues arising are: Is locus standi a substantive or procedural matter? Whether or not by section 46(1), (3) and (4) of the CFRN 1999, the CJN has the vires to make rules on locus standi; what is the status of the FREP Rules 2009 vis-à-vis the Constitution? Through comparative methods, it is argued that locus standi is a substantive matter; hence, the CJN lacks the vires to make rules on it. The comparative experience in Kenya and South Africa is examined to draw lessons in promoting access to justice which is one of the sustainable development goals (SDGs). Since Item 3(e) of the FREP Rules is ultra vires, its nullification and amendment of section 46(1) of CFRN 1999 are suggested to encapsulate the expansion under the FREP Rules 2009 as leeway.