Oromia Law Journal

Democratization in Devolved and Federal Systems of Kenya and Ethiopia:

2024-07-18T08:19:51+00:00

The aim of this study is to assess the state of democratization in devolved and federal systems of Kenya and Ethiopia, respectively.It specifically identifies the determinant factors that contributed for relative progress of democratization of Kenya. It then pinpoints lessons that Ethiopia could draw from the case of Kenya. In so doing, the study followed qualitative research approach with two purposively selected cases design. Apart from comparing the cases based on the existing literature on the determinants of democratization, some key informants‘ interviews were conducted. The finding of the study shows that democratization in devolved system of Kenya is relatively progressing than the one in Ethiopia. Multiparty system and independent institutions such as the Supreme Court, electoral commission and civil society organizations are contributing to the relative progress of democratization in Kenya. Different factors including family based and personalized politics, ethnic patronage and corruption are still the impediments to building democratic state of Kenya. In contrast, neither revolution nor non-violent popular protests led to transition to democracy in Ethiopia; and the country worryingly missed several opportunities for making progress in the democratization project. Informed by the case of Kenya, therefore, Ethiopia needs to prioritize political elites bargaining, multiparty system and let independent institutions of democracy operate in their own terms.

The Question of the Supremacy Clause and Its Resolution Mechanisms under Ethiopia‘s Federal and Constitutional Design and Practice:

2024-07-18T08:44:43+00:00

In a federal system, laws made by the federal government and the constituent units usually contradict each other. Thus, which law should supersede would become a pressing issue. Despite variations, virtually all federal systems adopt the federal supremacy clause by stipulating it in their constitutions. However, this does not apply to Ethiopia where the Federal Constitution opts for a blanket silence on the supremacy clause. As a result of the constitutional lacuna on this subject, different approaches, including constitutional, legislative, executive and judicial ones, have been adopted which in turn raised many questions and dubieties. This article aims to critically evaluate the approaches employed by different government organs and its concomitant consequences from constitutional and comparative perspectives in federal dispensations. Methodologically, the study employed a qualitative research method in general and a doctrinal approach in particular. Moreover, it used a comparative analysis which puts the Ethiopian experience in the perspective of other federal systems. Case and document analysis regarding the question of the supremacy clause was also conducted. The study, thus, found out that the approaches adopted as regards the resolution of the question of the supremacy clause under the Ethiopian federal and constitutional design is not only an unconstitutional act and ineffective but also lacks the center of adjudication. Such a misplaced center of resolution mechanism may jeopardize the development of federalism and constitutionalism in Ethiopia.

The Genocidal Mens Rea Requirement of the Crime of Genocide under the Ethiopian Criminal Law:

2024-07-18T09:00:21+00:00

Genocide is one of the most heinous crimes under international law, and it differs from other core crimes in that it requires the genocidal acts committed with intent to destroy‘ a protected group, in whole or in part. This article examines how Ethiopian courts have interpreted and proved the genocidal mens rea element in cases involving the crime of genocide, juxtaposing in light of international jurisprudence aimingto draw lessons from the approaches of the latter and have a critical understanding of the genocidal mens rea element of genocide. It examines the relevant legal provisions, cases, reports and academic literature on the subject, and compares them with the international practices using a doctrinal comparative legal research methodology. The research claims thatthe Ethiopian courts have treated genocide as a crime of plan‘ rather than a crime of specific intent‘. It also maintains that the Ethiopian courts have conducted unsubstantiated genocidal trials. Moreover, the research asserts that Ethiopian courts turned genocide into a crime of a general intent by failing to establish the nexus between the physical result of genocide and the psychological state of individual perpetrators; and overemphasizing the victims‘ membership to a protected group. To this effect, Ethiopian courts risk trivializing the crime of crimes‘ and casting a shadow over the stigma attached to genocide. Besides, the article points out that, Ethiopian courts wrongly assumed that a genocidal plan was a prerequisite to establishing the genocidal intent. Therefore, it recommends that Ethiopian courts address and resolve these problems in future genocide trials.

Ignorance Defense and Unpublished Administrative Rules in Ethiopia

2024-07-18T09:14:26+00:00

The maxim ignorance of law is no excuse might work where crimes were acts that every human conscience considers taboo. In the era of proliferating regulatory offences, it may risk punishing those who violate the law without any hint that what they did may be offensive. To decrease this risk, there is the duty of the state to make the law known. This article examines criminal liability based on unpublicized administrative rules. To this end, an examination is made to relevant literature, comparative experience, laws and cases. Although agency directives do not create crimes by themselves, their violation may lead to prosecution based on the higher laws that enable their enactment. The author argues that in cases of criminal charges based on unpublicized agency directives, the prosecution should be required to prove whether the accused knew the directive she is accused of having violated. Failing this, courts should presume the accused commits the offence due to ignorance of law and choose between acquitting the accused and convicting her but imposing no penalty. If acquittal is found to be unwarranted for whatever reason courts may see, conviction serves the primary goal of criminal law, i.e., notice.

Liberalizing Banking Sector for Foreign Investors:

2024-07-18T09:24:34+00:00

The Ethiopian government recently adopted a new policy that liberalizes the banking sector to foreign investors. Concerning the policy, there are both pessimists and optimists views. There are people who suspect the opening of foreign banks entry in Ethiopian. There are also those who tend to see with passion.The entry of foreign banks to invest in banking business (FBE) has positive and negative consequences. The main theme of this article is to examine the admission of foreign bank and its repercussion on the national economy and domestic banks. The article employed a desk review and qualitative analytical research method. The major findings are FBE will help domestic banks for knowledge and technology transfer, modernize banking sector, transferring new capital from foreign, and foreign currency supply that ultimately facilitate the economic development of the country and create job opportunities for citizens. Contrary to this, FBE will have some negative effects. Some of these are foreign banks can easily smash domestic banks, and domestic banks can be out of the market, they can shift their funds to more attractive and peaceful markets during a crisis. Ethiopia banks face several challenges among them lack of skilled manpower, organization transformation, leadership commitment, efficient and effective data management system, and lack of digital transformation in Ethiopia. It is suggested that the reasonable choice is striking the balance between the two extremes to restrict the potential risks of accepting foreign banks. The Ethiopian government should enact prudent laws and implement them in a more stringent manner. It is important to develop legal and regulatory framework which meet the international standards, implementation of modern technologies, capacity building of domestic banks and improvement of financial system infrastructure.

National Dialogue as a Means of Building Peace in Ethiopia:

2024-07-18T09:36:26+00:00

The Federal Democratic Republic of Ethiopian government has made National Dialogue on table with the objectives of, inter alia, solving the disagreement among politicians and segment of society on most fundamental national issues, enabling the creation of new political dispensation marked by mutual trust and ensuring lasting peace. And as there is no all-size-fit standard for implementation of successful national dialogue, it is wise to explore the experience of the States that have gone through successful national dialogue. Accordingly, Tunisia‘s national dialogue that was convened at the end of 2013 by Quartet, the winner of 2015 Novel Peace Prize, is found the most relevant experience to be explored. This article closely examines the historical development of Tunisia‘s national dialogue and extracts the pillars behind this successful dialogue so that Ethiopia takes the possible lessons amid making of its national dialogue. Accordingly, it is found that political commitment in cementing the legitimacy of the convener, avoidance of polarization among stakeholders, compromise of interests, by side negotiations and mediations among or/and between stakeholders, managing the effect of external actors, balancing of the inclusiveness and efficiency of the dialogue, balancing of the mandate and efficiency of the dialogue, change oriented discourse, and public buy-in are the pillars behind the successfulness of Tunisia‘s national dialogue. Thus, it is sound enough to recommend that Ethiopian national dialogue‘s stakeholders: the commission, the sitting government, the opposition parties and other groups to domesticate and utilize these pillars of successful national dialogue amid entertaining the ongoing national dialogue so that it will become remarkably successful.

Jijjiiramoota Bu‘uuraa Labsiin Haaraa Bulchiinsaa fi Itti Fayyadama Lafa Baadiyyaa Naannoo Oromiyaa Lakkoofsa 248/2015 of Keessatti Hammate

2024-07-18T09:48:24+00:00

In any country, land is a fundamental natural resource that deserves proper regulation. In Ethiopia, it is regulated both by constitution and other laws at federal and state levels. The state of Oromia had Rural Land Administration and Use Proclamation No.130/1999 (hereinafter―the previous proclamation). This law had been in force for more than 15 years. Now, it is repealed and replaced by another Rural Land Administration and Use Proclamation No.248 /2015 E.C (hereinafter ―new proclamation). The new proclamation has come up with major changes which are new additions or existing modifications. The main purpose of this piece is to introduce some of these major changes. Accordingly, the new proclamation made changes on definition of rural land, separately treated the concepts of land holding rights and land use rights, set conditions of land acquisition and transfer, set conditions of extinction of landholding rights, provided possibilities of attaching land use rights to borrow money from financial institutions, regulated rural lands delimited under urban land, and improved mechanisms of dispute resolution.