Water governance mainly strives to ensure equitable and efficient allocation and prioritization of use rights. The scarcity of water resources in any setting can be a cause for conflict, wastage, depletion, and/or pollution. Prioritization of water use rights is considered as important principle of water governance to protect the human right to water, accommodate interests, avoid conflict, wastage and allocate available volume of water to potential users. This article explores the perspectives and practices of prioritization approach of water governance in Awash River basin. Qualitative research approach was employed, and the findings indicate that there are multiple interpretations by the key actors of the priority ladder amidst general and insufficient policy and legal frameworks. The practice also indicates that water allocation plan for the medium and large-scale water users are stated on papers whereas actual allocations are made based on convenience. It is critical to devise water reform and set prioritizing principles and standards. Moreover there is the need to apply the most feasible and comprehensive approach in water governance and avail the essential resources and technologies.
{"title":"Prioritization of Water Use Rights in Ethiopia: Exploring the Perspectives and Practices in the Governance of Awash River Basin","authors":"Zbelo Haileslassie Embaye, A. G. Adam","doi":"10.4314/mlr.v16i1.4","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.4","url":null,"abstract":"Water governance mainly strives to ensure equitable and efficient allocation and prioritization of use rights. The scarcity of water resources in any setting can be a cause for conflict, wastage, depletion, and/or pollution. Prioritization of water use rights is considered as important principle of water governance to protect the human right to water, accommodate interests, avoid conflict, wastage and allocate available volume of water to potential users. This article explores the perspectives and practices of prioritization approach of water governance in Awash River basin. Qualitative research approach was employed, and the findings indicate that there are multiple interpretations by the key actors of the priority ladder amidst general and insufficient policy and legal frameworks. The practice also indicates that water allocation plan for the medium and large-scale water users are stated on papers whereas actual allocations are made based on convenience. It is critical to devise water reform and set prioritizing principles and standards. Moreover there is the need to apply the most feasible and comprehensive approach in water governance and avail the essential resources and technologies.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47939502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article critically examines the provisions of the Criminal Code governing measures and penalties relating to children in conflict with the law in light of the principles of ‘detention or imprisonment as a measure of last resort’ and ‘for the shortest period’. The assessment shows that the Ethiopian criminal justice system does not adhere to the principle of ‘detention as a measure of last resort’ since corrective detention and home arrest are measures of first resort. Imprisonment on the other hand is a measure of last resort as it applies after the failure of the measures for the most serious crimes and if the child is incorrigible. The system is not designed to ensure full compliance with the principle of ‘detention or imprisonment for the shortest appropriate period’. The article also identifies lack of clarity in the provisions of the Code which can exacerbate the preceding problems. Therefore, the Criminal Code provisions need revision to adhere to the principles and must clarify the existing provisions.
{"title":"Ethiopia’s Criminal Justice System relating to Children in Conflict with the Law: Interrogating the Legal Framework on Measures and Penalties","authors":"Belayneh Berhanu Nega","doi":"10.4314/mlr.v16i1.2","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.2","url":null,"abstract":"This article critically examines the provisions of the Criminal Code governing measures and penalties relating to children in conflict with the law in light of the principles of ‘detention or imprisonment as a measure of last resort’ and ‘for the shortest period’. The assessment shows that the Ethiopian criminal justice system does not adhere to the principle of ‘detention as a measure of last resort’ since corrective detention and home arrest are measures of first resort. Imprisonment on the other hand is a measure of last resort as it applies after the failure of the measures for the most serious crimes and if the child is incorrigible. The system is not designed to ensure full compliance with the principle of ‘detention or imprisonment for the shortest appropriate period’. The article also identifies lack of clarity in the provisions of the Code which can exacerbate the preceding problems. Therefore, the Criminal Code provisions need revision to adhere to the principles and must clarify the existing provisions.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44746273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As early as the 18th Century, James Bruce, a European Traveller, observed that bad government was the most important source of the problems that plagued the Ethiopian society. Centuries on, political and ethnic mistrust and polarization, insecurity, human rights abuses and armed conflict characterize the Ethiopian body politic. The rule of law and democracy are far from taking roots. This article –pointing out the most outstanding governance deficits of the Emperor Haile Selassie, Derg and EPRDF-cum-PP’s (Prosperity Party) governments– argues that the lack of inclusive democratic governance remains at the core of Ethiopia’s socio-political crises. It will offer suggestions on democratic governance options that, if adopted, can help deal with Ethiopia’s long-time political ills.
早在18世纪，欧洲旅行家詹姆斯·布鲁斯(James Bruce)就观察到，糟糕的政府是困扰埃塞俄比亚社会问题的最重要根源。几个世纪以来，政治和种族不信任和两极分化、不安全、侵犯人权和武装冲突是埃塞俄比亚政体的特点。法治和民主远未扎根。本文指出了海尔·塞拉西皇帝(Emperor Haile Selassie)、德格(Derg)和eprdemocratic - and - pp(繁荣党)政府最突出的治理缺陷，认为缺乏包容性民主治理仍然是埃塞俄比亚社会政治危机的核心。它将提出民主治理方案的建议，如果采纳这些建议，将有助于解决埃塞俄比亚长期存在的政治弊病。
{"title":"The Continuing Quest for Inclusive Democratic Governance in Ethiopia","authors":"G. Woldemariam","doi":"10.4314/mlr.v16i1.1","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.1","url":null,"abstract":"As early as the 18th Century, James Bruce, a European Traveller, observed that bad government was the most important source of the problems that plagued the Ethiopian society. Centuries on, political and ethnic mistrust and polarization, insecurity, human rights abuses and armed conflict characterize the Ethiopian body politic. The rule of law and democracy are far from taking roots. This article –pointing out the most outstanding governance deficits of the Emperor Haile Selassie, Derg and EPRDF-cum-PP’s (Prosperity Party) governments– argues that the lack of inclusive democratic governance remains at the core of Ethiopia’s socio-political crises. It will offer suggestions on democratic governance options that, if adopted, can help deal with Ethiopia’s long-time political ills.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44709970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This comment examines the Legal framework of collective labour disputes (CLD) resolution by the Labour Relation Board (LRB) in Ethiopia. Only two members of the LRB out of seven members (and two alternate members) are from the legal profession. Moreover, there is no provision (under the Labour Proclamation) regarding the selection criteria of other members of the Board. The decision of the Board is rendered by majority vote and appeal is permitted only on error relating to legal issues. The establishment of LRB that is empowered to decide on CLDs is indeed an extremely important initiative as the nature of collective labour cases demands collective bargaining and labour law experts. However, criteria regarding professional profile are not set out under the Proclamation for the selection of members of the LRB; and the majority of LRB members are not legal professionals. There should thus be clear criteria for the selection of members and there is the need to include more legal professionals in the LRB.
{"title":"Comment: Resolution of Collective Labour Disputes by Labour Relations Board in Ethiopia: Critical Reflections","authors":"Bilate Bisare","doi":"10.4314/mlr.v16i1.9","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.9","url":null,"abstract":"This comment examines the Legal framework of collective labour disputes (CLD) resolution by the Labour Relation Board (LRB) in Ethiopia. Only two members of the LRB out of seven members (and two alternate members) are from the legal profession. Moreover, there is no provision (under the Labour Proclamation) regarding the selection criteria of other members of the Board. The decision of the Board is rendered by majority vote and appeal is permitted only on error relating to legal issues. The establishment of LRB that is empowered to decide on CLDs is indeed an extremely important initiative as the nature of collective labour cases demands collective bargaining and labour law experts. However, criteria regarding professional profile are not set out under the Proclamation for the selection of members of the LRB; and the majority of LRB members are not legal professionals. There should thus be clear criteria for the selection of members and there is the need to include more legal professionals in the LRB.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42739712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relationship between adopted child and his/her family of adoption and family of origin is regulated under the Revised Family Code Proclamation No. 213/2000. Accordingly, the adopted child shall retain his/her bond with the family of origin in addition to his/her close relationship with the family of adoption by considering him/her, for all purposes, as the child of the adopter. One of the issues that arises in connection with a child’s relationship with his/her family of origin and family of adoption is the right to inheritance. In particular, the issue arises whether the adopted child can inherit his/her family of origin (through intestate succession) while s/he is deemed to be the child of the adopter and bestowed with all rights and duties including inheritance. The assurance of inheritance right to the adopted child from the estate of his/her family of origin depends upon how much the bond with his/her family of origin is maintained. This article focuses on the legal regime with regard to the adopted child’s relationship with his/her family of origin with particular emphasis on the adopted child’s right to inherit his/her family of origin, in Ethiopia.
{"title":"COMMENT: Adopted Child’s Right of Inheritance from the Family of Origin","authors":"Wondewosen Ewunie","doi":"10.4314/mlr.v15i2.8","DOIUrl":"https://doi.org/10.4314/mlr.v15i2.8","url":null,"abstract":"The relationship between adopted child and his/her family of adoption and family of origin is regulated under the Revised Family Code Proclamation No. 213/2000. Accordingly, the adopted child shall retain his/her bond with the family of origin in addition to his/her close relationship with the family of adoption by considering him/her, for all purposes, as the child of the adopter. One of the issues that arises in connection with a child’s relationship with his/her family of origin and family of adoption is the right to inheritance. In particular, the issue arises whether the adopted child can inherit his/her family of origin (through intestate succession) while s/he is deemed to be the child of the adopter and bestowed with all rights and duties including inheritance. The assurance of inheritance right to the adopted child from the estate of his/her family of origin depends upon how much the bond with his/her family of origin is maintained. This article focuses on the legal regime with regard to the adopted child’s relationship with his/her family of origin with particular emphasis on the adopted child’s right to inherit his/her family of origin, in Ethiopia.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46320124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ethiopia has embarked upon an ambitious project of revising a number of laws with a view to entrench human rights and democratic governance. Part of this legal reform program has been the revision of Computer Crime Proclamation No 958/2016. This article examines key aspects of the Draft Computer Crime Proclamation prepared by the Media Law Working Group from a human rights perspective. As it shall be shown in this article, making the cybercrime legal regime human rights friendly has been the overarching objective of the revision project. Most human rights concerns associated with the current cybercrime legislation are, as a result, rectified in the cybercrime Bill. However, the Bill goes overboard in embracing themes that go well beyond the scope of cybercrime legislation. With respect to the overall revision process, the article submits that the process has not been sufficiently inclusive.
{"title":"Cybercrime Lawmaking and Human Rights in Ethiopia","authors":"K. Yilma","doi":"10.4314/mlr.v15i1.3","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.3","url":null,"abstract":"Ethiopia has embarked upon an ambitious project of revising a number of laws with a view to entrench human rights and democratic governance. Part of this legal reform program has been the revision of Computer Crime Proclamation No 958/2016. This article examines key aspects of the Draft Computer Crime Proclamation prepared by the Media Law Working Group from a human rights perspective. As it shall be shown in this article, making the cybercrime legal regime human rights friendly has been the overarching objective of the revision project. Most human rights concerns associated with the current cybercrime legislation are, as a result, rectified in the cybercrime Bill. However, the Bill goes overboard in embracing themes that go well beyond the scope of cybercrime legislation. With respect to the overall revision process, the article submits that the process has not been sufficiently inclusive.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43149060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ensuring National Unity and upholding Human Rights have always been a big challenge in Ethiopia, since the establishment of the modern Ethiopian state. These problems are still troubling the country, long after the adoption of the present Federal Democratic Republic of Ethiopia (FDRE) Constitution, which is claimed to have addressed them once and for all. This article seeks to revisit the historical underpinnings of the FDRE Constitution and its ethnic-centered design, in relation to its actual capacity to achieve national unity and adequate protection of human rights. The article demonstrates how human dignity centered constitutional design and interpretation could advance both national unity and adequate protection of rights. It argues that the historical foundation of the FDRE Constitution and the design that came out of it is backward looking, exclusionary and inadequate to address both challenges for a number of reasons. As a possible alternative, it proposes a human dignity centered re-reading of history, constitutional design and interpretation. Since Ethiopia is in a process of reform in various spheres, the issues raised and discussed in the article deserve serious attention as they are essential to move forward.
{"title":"An Enduring Path for National Unity and Human Rights Protection in Ethiopia: A Case for Human Dignity Centered Constitutional Design and Interpretation","authors":"Tsega Andualem Gelaye","doi":"10.4314/mlr.v15i1.1","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.1","url":null,"abstract":"Ensuring National Unity and upholding Human Rights have always been a big challenge in Ethiopia, since the establishment of the modern Ethiopian state. These problems are still troubling the country, long after the adoption of the present Federal Democratic Republic of Ethiopia (FDRE) Constitution, which is claimed to have addressed them once and for all. This article seeks to revisit the historical underpinnings of the FDRE Constitution and its ethnic-centered design, in relation to its actual capacity to achieve national unity and adequate protection of human rights. The article demonstrates how human dignity centered constitutional design and interpretation could advance both national unity and adequate protection of rights. It argues that the historical foundation of the FDRE Constitution and the design that came out of it is backward looking, exclusionary and inadequate to address both challenges for a number of reasons. As a possible alternative, it proposes a human dignity centered re-reading of history, constitutional design and interpretation. Since Ethiopia is in a process of reform in various spheres, the issues raised and discussed in the article deserve serious attention as they are essential to move forward.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45608760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There have been three waves of foreign influence in the ‘flesh’ and ‘soul’ of the Ethiopian legal regime ranging from the reception of liberal laws from Western modern legal systems to the socialist legality borrowed from the Marxist regimes of the pre-1990s. While the first epoch turned to the West for emulation, socialist legality went East. From the1990s onward, Ethiopia seems to have a hybrid (guramaile) of the two. Once again, Ethiopia’s post-2018 legal regime is rehearsing yet another chapter in its quest for the appropriate law. This comment reflects these pursuits and challenges, and it indicates the need for insight from an indigenous African wisdom of Sankofa.
{"title":"Comment: Ethiopia's Quest for an Appropriate Law: ‘An Answer’ from a Brother from Afar","authors":"Muradu Abdo","doi":"10.4314/mlr.v15i1.9","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.9","url":null,"abstract":"There have been three waves of foreign influence in the ‘flesh’ and ‘soul’ of the Ethiopian legal regime ranging from the reception of liberal laws from Western modern legal systems to the socialist legality borrowed from the Marxist regimes of the pre-1990s. While the first epoch turned to the West for emulation, socialist legality went East. From the1990s onward, Ethiopia seems to have a hybrid (guramaile) of the two. Once again, Ethiopia’s post-2018 legal regime is rehearsing yet another chapter in its quest for the appropriate law. This comment reflects these pursuits and challenges, and it indicates the need for insight from an indigenous African wisdom of Sankofa.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43981491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Nigeria, the limitation period begins to run from the date the dispute leading to the arbitration arose instead of when the award was rendered. While highlighting the rationale and effect of limitation period to the jurisdiction of court, I argue that the period set out in the Arbitration and Conciliation Act (ACA) for enforcement of arbitral awards fails to countenance the inherent delays in Nigeria’s justice system which can be exploited to render the enforcement of an award nugatory. The operationalisation of limitation period unless amended, can be a dissuading factor for choosing Nigeria as a seat of international arbitration which rubs her of the attendant benefits. It is further argued that, anyone, wishing to enforce an award in Nigeria, must ingeniously act timeously to avoid untoward outcome due to the repressive limitation period. This article identifies registration of award pursuant to Foreign Judgment (Reciprocal Enforcement) Act as a leeway to enforce foreign arbitral awards. It compares the practice in Nigeria with jurisdictions like India, Canada, United Kingdom and Ethiopia and draw lessons for Nigeria. It makes a case for amendment of the existing legal framework to bring the law on limitation of time in tandem with global best practices.
{"title":"Enforcement of Arbitral Awards in Nigeria and the Jigsaw of Limitation Period: The Need for Compliance with Global Best Practices","authors":"D. Eyongndi","doi":"10.4314/mlr.v15i1.4","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.4","url":null,"abstract":"In Nigeria, the limitation period begins to run from the date the dispute leading to the arbitration arose instead of when the award was rendered. While highlighting the rationale and effect of limitation period to the jurisdiction of court, I argue that the period set out in the Arbitration and Conciliation Act (ACA) for enforcement of arbitral awards fails to countenance the inherent delays in Nigeria’s justice system which can be exploited to render the enforcement of an award nugatory. The operationalisation of limitation period unless amended, can be a dissuading factor for choosing Nigeria as a seat of international arbitration which rubs her of the attendant benefits. It is further argued that, anyone, wishing to enforce an award in Nigeria, must ingeniously act timeously to avoid untoward outcome due to the repressive limitation period. This article identifies registration of award pursuant to Foreign Judgment (Reciprocal Enforcement) Act as a leeway to enforce foreign arbitral awards. It compares the practice in Nigeria with jurisdictions like India, Canada, United Kingdom and Ethiopia and draw lessons for Nigeria. It makes a case for amendment of the existing legal framework to bring the law on limitation of time in tandem with global best practices.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43812713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state. NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence.
{"title":"Comment: Legitimizing Gerrymandering in the Harari Regional State Contrary to the Principle of Equality of Votes","authors":"Simeneh Kiros Assefa","doi":"10.4314/mlr.v15i1.10","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.10","url":null,"abstract":"The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state. NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence. ","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49574631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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