Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large. This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.
{"title":"Constitution as Social Contract in Contemporary Ethiopia: The Need to Re-construct Political Arrangements","authors":"H. Bekele","doi":"10.4314/mlr.v15i1.2","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.2","url":null,"abstract":"Constitutions represent social contracts that accommodate subjective interests of groups within the framework of impersonal shared interests among citizens of the society at large. This article examines the contemporary social contract theory in relation to the constitutional making process in Ethiopia. The lawmaking process of Ethiopia’s 1995 Constitution does not fulfil the procedural legitimacy of social contract because important sections of the society were neglected. The institutions created by the FDRE Constitution denote the subjectivist approaches to social contract theory thereby ignoring the impersonal interests of the society. To accommodate both the subjective ends and impersonal interests of the society, the Constitution should be reconstructed in light of the dualist contemporary social contract theory. This article argues that Ethiopia's contracting actors should consider both the subjective and impersonal interests of society. The article examines the conditions that make constitution a social contract. It also discusses the controversies concerning Ethiopia's Constitution in light of the theory of social contract, and tries to show what the Constitution should fulfil as a social contract in contemporary Ethiopia.","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":"46471502","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}
Cryptocurrencies are a subset of virtual currencies that have been devised for anonymous payments made entirely independent of governments and traditional financial institutions. The payment system of cryptocurrencies is expanding at a rapid pace and has reached Ethiopia. This article examines the extent to which cryptocurrencies are regulated under Ethiopia’s national payment system and anti-money laundering legal norms. The study has employed doctrinal research supported by in-depth interviews. During the last decade, Ethiopia has adopted several legal frameworks that govern different aspects of the payments landscape, most notably regarding payment services and electronic money. The country has anti-money laundering legal norms that are embodied in domestic laws and international and regional instruments that it has ratified. However, these legal norms have strategic deficiencies in regulating cryptocurrencies. Thus, the government of Ethiopia should consider enacting a comprehensive law that regulates the payment system of cryptocurrencies.
{"title":"The Regulation of Cryptocurrencies under Ethiopian Legal Norms","authors":"Messay Asgedom Gobena","doi":"10.4314/mlr.v15i1.6","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.6","url":null,"abstract":"Cryptocurrencies are a subset of virtual currencies that have been devised for anonymous payments made entirely independent of governments and traditional financial institutions. The payment system of cryptocurrencies is expanding at a rapid pace and has reached Ethiopia. This article examines the extent to which cryptocurrencies are regulated under Ethiopia’s national payment system and anti-money laundering legal norms. The study has employed doctrinal research supported by in-depth interviews. During the last decade, Ethiopia has adopted several legal frameworks that govern different aspects of the payments landscape, most notably regarding payment services and electronic money. The country has anti-money laundering legal norms that are embodied in domestic laws and international and regional instruments that it has ratified. However, these legal norms have strategic deficiencies in regulating cryptocurrencies. Thus, the government of Ethiopia should consider enacting a comprehensive law that regulates the payment system of cryptocurrencies.","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":"45396141","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}
Agency is vital in modern life, and it is hardly effective without a power of attorney. However, it has not received sufficient attention in legal discourse commensurate with the legal requirements for its validity and its wide utilization. An agent is allowed to perform acts that have impact on the rights and obligations of another person usually through this instrument. This comment aims at examining the sporadic provisions in various laws which are relevant to the instrument so as to address issues which have legal as well as practical significance arising in the use of the instrument. In the absence of a law devoted to the instrument (and that takes its impact into account), it is obvious that more questions remain unanswered. An attempt is made to test the relevant laws in force with a view to establishing whether they live up to the expectations of the time.
{"title":"Comment: Attesting Representation through Power of Attorney: The Ethiopian Approach","authors":"T. Meheret","doi":"10.4314/mlr.v15i1.8","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.8","url":null,"abstract":"Agency is vital in modern life, and it is hardly effective without a power of attorney. However, it has not received sufficient attention in legal discourse commensurate with the legal requirements for its validity and its wide utilization. An agent is allowed to perform acts that have impact on the rights and obligations of another person usually through this instrument. This comment aims at examining the sporadic provisions in various laws which are relevant to the instrument so as to address issues which have legal as well as practical significance arising in the use of the instrument. In the absence of a law devoted to the instrument (and that takes its impact into account), it is obvious that more questions remain unanswered. An attempt is made to test the relevant laws in force with a view to establishing whether they live up to the expectations of the time.","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":"45494276","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}
Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted. The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.
{"title":"Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic)","authors":"A. Degol, Bebizuh Mulugeta","doi":"10.4314/mlr.v15i1.7","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.7","url":null,"abstract":"Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted. The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.","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":"47196442","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}
Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.
{"title":"The Legal Framework and Barriers to Access to Environmental Information in Ethiopia","authors":"A. Yusuf","doi":"10.4314/mlr.v15i1.5","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.5","url":null,"abstract":"Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.","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":"48338159","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}
Democracy and democratization are two faces of a coin, and democracy is unattainable in the absence of the democratization process. This note deals with some salient points regarding the processes, challenges and obstacles of democratization in Africa since the early 1960s. The roles of traditional institutions for democratization in Africa have also been highlighted. I argue that the democratization process in Africa is characterized by ebb and flow. There are various challenges and obstacles to democratization in spite of strong aspirations. Yet, Africa should strive hard to overcome these challenges and obstacles since it has no choice other than democratization.
{"title":"Note: The Ebb and Flow of the Democratization Process in Africa","authors":"Aschalew Ashagre Byness","doi":"10.4314/mlr.v15i1.11","DOIUrl":"https://doi.org/10.4314/mlr.v15i1.11","url":null,"abstract":"Democracy and democratization are two faces of a coin, and democracy is unattainable in the absence of the democratization process. This note deals with some salient points regarding the processes, challenges and obstacles of democratization in Africa since the early 1960s. The roles of traditional institutions for democratization in Africa have also been highlighted. I argue that the democratization process in Africa is characterized by ebb and flow. There are various challenges and obstacles to democratization in spite of strong aspirations. Yet, Africa should strive hard to overcome these challenges and obstacles since it has no choice other than democratization.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70571035","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}
Corporate Social Responsibility (CSR) is a concept whereby companies regard stakeholder interests in reaching corporate decisions on voluntary basis. Even though CSR is not alien to Ethiopians who are known for their philanthropic and charitable activities, there is no law that expressly requires CSR standards and thresholds. Provisions of the 1960 Commercial Code and other domestic laws show that Ethiopian companies have the option to comply with CSR in their core business strategy and decision making. To that end, companies, have either individually or at sector level, developed model codes of conduct and guidelines including CSR projects and initiatives. However, these are inadequate and they do not guarantee effective CSR behavior among companies. There is thus the need to adequately integrate CSR practices into their core business decisions, and meet the interests and legitimate expectations of their employees, creditors, customers, local communities, and the environment. I argue that the alternatives to ensure effective CSR regulation in Ethiopia are adopting the Enlightened Shareholder Value (ESV) which recognizes a CSR framework tighter than the existing shareholder primacy model, or the Responsible Stakeholder Model (RSM) which adopts more subtle and lighter principles than stakeholder model to demand CSR compliance.
{"title":"Towards Effective Models and Enforcement of Corporate Social Responsibility in Ethiopia","authors":"Alemayehu Yismaw Demamu","doi":"10.4314/MLR.V14I2.4","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.4","url":null,"abstract":"Corporate Social Responsibility (CSR) is a concept whereby companies regard stakeholder interests in reaching corporate decisions on voluntary basis. Even though CSR is not alien to Ethiopians who are known for their philanthropic and charitable activities, there is no law that expressly requires CSR standards and thresholds. Provisions of the 1960 Commercial Code and other domestic laws show that Ethiopian companies have the option to comply with CSR in their core business strategy and decision making. To that end, companies, have either individually or at sector level, developed model codes of conduct and guidelines including CSR projects and initiatives. However, these are inadequate and they do not guarantee effective CSR behavior among companies. There is thus the need to adequately integrate CSR practices into their core business decisions, and meet the interests and legitimate expectations of their employees, creditors, customers, local communities, and the environment. I argue that the alternatives to ensure effective CSR regulation in Ethiopia are adopting the Enlightened Shareholder Value (ESV) which recognizes a CSR framework tighter than the existing shareholder primacy model, or the Responsible Stakeholder Model (RSM) which adopts more subtle and lighter principles than stakeholder model to demand CSR compliance.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"276-309"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48347420","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}
{"title":"Subject Index of Peer Reviewed Articles: Volumes 1 to 14","authors":"E. Stebek","doi":"10.4314/MLR.V14I2.8","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.8","url":null,"abstract":"No abstract","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44044373","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 state adopts criminal rules and punishment in order to achieve various state ends. There is very little agreement regarding the content of ‘good criminal law’. However, there is a general agreement regarding ‘good’ criminal lawmaking process. This article argues that the lawmaking process may be used to evaluate the legitimacy of the criminalisation process. Thus, it discusses pre-legislation, legislation and post-legislation phase duties of the legislature and finds that these processes were not complied with in various Ethiopian laws that contain penal provisions.
{"title":"Legisprudential Evaluation of Ethiopian Criminal Law-Making","authors":"Simeneh Kiros Assefa","doi":"10.4314/MLR.V14I2.1","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.1","url":null,"abstract":"The state adopts criminal rules and punishment in order to achieve various state ends. There is very little agreement regarding the content of ‘good criminal law’. However, there is a general agreement regarding ‘good’ criminal lawmaking process. This article argues that the lawmaking process may be used to evaluate the legitimacy of the criminalisation process. Thus, it discusses pre-legislation, legislation and post-legislation phase duties of the legislature and finds that these processes were not complied with in various Ethiopian laws that contain penal provisions.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"161-200"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44569325","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}
Under the 2016 Federal Tax Administration Proclamation (FTAP), it is by way of appeal that taxpayers reach the judiciary when they can show that the Federal Tax Appeal Commission (FTAC) has committed an error of law. As far as factual issues are concerned, the decision of the FTAC is thus final and conclusive. Ethiopia’s tax dispute resolution system has made improvements although there has been discontent on the part of taxpayers. This article examines the tax appeal processes at the federal level to see whether the processes enhance fair play between taxpayers and the tax authority. Specifically, the article evaluates whether there are clear and adequate procedural rules that ensure access to justice for aggrieved taxpayers and fair treatment by the Federal Tax Appeal Commission (FTAC). I argue that although there have been certain improvements made by the FTAP (as far as administrative appeal before the FTAC is concerned), there are still some critical shortcomings that have to be reconsidered.
{"title":"Tax Appeal Proceedings before the Federal Tax Appeal Commission in Ethiopia: Critical Reflections","authors":"Aschalew Ashagre Byness","doi":"10.4314/MLR.V14I2.2","DOIUrl":"https://doi.org/10.4314/MLR.V14I2.2","url":null,"abstract":"Under the 2016 Federal Tax Administration Proclamation (FTAP), it is by way of appeal that taxpayers reach the judiciary when they can show that the Federal Tax Appeal Commission (FTAC) has committed an error of law. As far as factual issues are concerned, the decision of the FTAC is thus final and conclusive. Ethiopia’s tax dispute resolution system has made improvements although there has been discontent on the part of taxpayers. This article examines the tax appeal processes at the federal level to see whether the processes enhance fair play between taxpayers and the tax authority. Specifically, the article evaluates whether there are clear and adequate procedural rules that ensure access to justice for aggrieved taxpayers and fair treatment by the Federal Tax Appeal Commission (FTAC). I argue that although there have been certain improvements made by the FTAP (as far as administrative appeal before the FTAC is concerned), there are still some critical shortcomings that have to be reconsidered.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"14 1","pages":"201-238"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44031176","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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