Mizan Law Review

Nationality Laws in Ethiopia and Eritrea: Overview of Evolution, Attainments and Gaps

Metassebia Hailu Zeleke — 2025-03-31

This article briefly examines Ethiopia’s nationality law since 1930 and highlights Eritrea’s post-1992 nationality law. It also discusses the attainments and current challenges relating to nationality laws in Ethiopia's federal system and Eritrea's unitary structure. Historically, the two nations shared common nationality law, political and social landscapes up to the Eritrean secession in 1993. Even though Ethiopia’s 1995 Constitution empowers the federal government to legislate a nationality law, bureaucratic impediments and the influence of ethnic federalism complicate equitable access to nationality rights. Regional governments play a significant role in defining these rights, resulting in ethnic disparities that entrench societal divisions. Moreover, the absence of a centralized residential identification system raises doubts about nationality status and limits access to essential services. While this gap relates to functional ID that proves residency and entitlement to services, the current attainments in Ethiopia relating to Fayda National Digital ID are commendable with regard to foundational ID. In contrast, Eritrea's nationality laws that are based on the unitary political structure remain incomplete without ratification of the 1954 and 1961 conventions on statelessness, which could enhance legal protections for citizens and stateless individuals. By engaging with these international norms, Eritrea could foster a more inclusive environment and contribute to regional stability and human rights protection. This article uses social constructivism of a qualitative method in order to analyze how social values are constructed and maintained through discourse. Understanding how discourse shapes perceptions and policies can inform strategies for social change. Social constructivism challenges dominant narratives, and can contribute to more equitable and inclusive methodological practices.

Rent Control and Tenure Duration in Ethiopia: Reflections on the New Residential Housing Rent Control and Administration Law

Habtamu Sitotaw Semahagne — 2025-03-31

This article examines rent control and tenure duration in Ethiopia, focusing on the Residential Housing Rent Control and Administration Proclamation No. 1320/2024 through a review of laws and the literature. The different regimes in Ethiopia have been regulating residential housing rent and tenure. Proclamation No. 1320/2024, enacted in April 2024, extends previous legal practices in Addis Ababa and other major cities. The law has implications for modernizing the housing rent system and improving tax collection. However, the law adversely affects the property rights of house owners and the principle of freedom of contract. It may encourage informal rental agreements and unofficial payments and may contribute to a shortage in residential rental housing. The article argues for a reduced government role in regulating the residential housing sector and underscores the importance of respecting contractual freedom. It calls for improved land delivery for housing, the adoption of a standardized, expert-driven valuation system, and further digitization of the sector.

‘Roof and Wall’ Tax Rate Reform in Addis Ababa: The Legal Conundrum and Socio-economic Pitfalls

Zelalem Teferra — 2025-03-31

The recent “roof and wall tax” reform in Addis Ababa was mainly prompted by economic imperatives to generate adequate and stable fiscal revenue for the City Government. The effort, however, is not supported by in-depth and detailed assessment of the socio-economic conditions and the paying capacity of different segments of the society. The new tax increase was not guided by up-to-date and comprehensive legal framework grounded in public consultation and parliamentary debate. Instead, it has relied on outdated Derg period legislation – Proclamation No. 80/1976. Qualitative research approach was used to generate the necessary data. Besides review of relevant legal instruments, in-depth and key informant interviews were employed. Despite generating robust revenue for the City Government and unlocking its capacity to plan and execute development projects, the study result has shown that the abrupt tax hike has negatively impacted the well-being of the low-income segment of the society, particularly the house owner-occupants, people with fixed income and female-headed households, all of whom have borne the burden and brunt of soaring cost of living induced thereof. It has also implied potential negative impact on the construction of affordable houses by the low and middle income groups; and this indicates the need for targeted interventions including initiating tax relief programs, low interest rate loan services, and exemptions to minimize the burden. Drawing on the pitfalls of the high ‘Roof and Wall’ tax hike, this article shows the need to take into account the potential cost of imposing high property tax while adopting and implementing the upcoming Federal Property Tax Law.

Rule of Law, Corporate Governance and AI Humanoid Robots: Charting the Course for a Global Regulatory Framework

Tayewo A. Adewumi — 2025-03-31

On July 7, 2023, a panel of robots told reporters in Geneva, Switzerland, that they could be more efficient leaders than human beings. The nine artificial intelligent (AI) humanoid robots said they would not take anyone's job or stage a rebellion. Four months later, on Monday 13 November 2023, News Direct reported that the world’s first AI humanoid robot CEO entered the boardroom. The above events show the advent of artificial intelligent humanoid robots which are likely to become substitutes for humans in corporate and general governance. This article recommends a global regulatory framework for the manufacture, use, and operation of AI humanoid robots. The author argues that allowing the development and operation of AI humanoid robots for governance without adequate international regulation would spell doom to human existence. Artificial intelligent humanoid robots should not be allowed to override human natural intelligence but to complement it and this can be done through global regulation. A regulatory framework for AI systems has already started (in June 2024) with the advent of the European Union Artificial Intelligence Regulation (Regulation (EU) 2024/1689). The way forward envisages that the United Nations General Assembly will follow the footsteps of the European Union.

Tanzania’s and South African Laws for Preventing and Controlling Pandemics: Comparative Analysis and Lessons from COVID-19

Elia Mwanga — 2025-03-31

The outbreak of pandemics causes significant negative impacts on the social, political and economic life of a country’s population. Thus having in place measures, including effective legal framework to prevent and control pandemics is unavoidable. Legal frameworks create an enabling environment for effective and timely prevention, preparedness for, response to, and recovery from pandemics. The emergency of COVID-19 demonstrated this need. The implementation of measures to address COVID-19 in many countries has raised issues relating to the effectiveness of their legal frameworks for preventing and controlling pandemics. This article uses the International Health Regulations of 2005 to analyze the legal frameworks of Tanzania and South Africa in order to determine their adequacy for preventing and controlling pandemic outbreaks. The article draws experience from COVID-19 pandemic, borrowing lessons from legal measures that were implemented by the governments of the two countries to respond to the COVID-19 pandemic. The article argues that, when compared with Tanzania, the laws of South Africa are better in preventing and controlling pandemics. In particular, the legal framework in South Africa provides broad participation of stakeholders from the bottom to the national level in pandemics decision-making. Moreover, South Africa’s legal framework enhances greater transparency and accountability.

Towards Enhancing the Role of Ethiopian Human Rights Commission in Implementing African Commission on HPR Recommendation

Ayalnesh Alayu — 2025-03-31

This article assesses the frameworks and practical engagements of the Ethiopian Human Rights Commission (EHRC) in monitoring the national level implementation of recommendations provided by the African Commission on Human and Peoples’ Rights. A qualitative study has been conducted based on laws, data, document analysis and interviews. The findings of the study indicate that prior to its reform (which began in 2019), EHRC had neither established frameworks for its engagement in monitoring the implementation of recommendations issued by African Commission, nor had it started practical engagement in this area. Following its reform, although EHRC has established institutional frameworks for engagement with international and regional human rights monitoring bodies, it has yet to adopt specific guidelines or directive to guide its involvement in monitoring the implementation of the African Commission's recommendations on cases of human and peoples' rights violations. Furthermore, it has not initiated practical engagement in this particular area. This article suggests that –as an institution with a statutory duty to coordinate international and national efforts to enhance the implementation of recommendations offered by regional human rights monitoring bodies and to advocate for ensuring justice to victims of human rights violations– EHRC should adopt specific guidelines to guide its engagement in this specific area and begin effective engagement with all stakeholders in monitoring the implementation of recommendations issued by the African Commission.

In Memoriam: Dereje Zeleke Mekonnen (1970-2024)

Dejen Yemane Messele — 2025-03-31

(No abstract)