College of Law and Governance

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The College of Law and Governance is dedicated to education, research, and public service in law, governance, public policy, and institutional development.

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ASSESSING THE IMPACT OF MICROFINANCE ON THE LIVELIHOOD OF ECONOMICALLY ACTIVE URBAN POOR: THE CASE OF MICRO AND SMALL ENTERPRISES IN INTEGRATED HOUSING DEVELOPMENT PROJECT
(Hawassa University, 2011-11) YONAS ZERIHUN
This study is a Descriptive research and it was conducted in the Hawassa city. The main objective of the study was assessing the impacts of Omo Micro-finance and the concerned government institutions intervention on the livelihood of individual members of MSEs and the status of their enterprises working in the Hawassa city Housing Development Project. The study employed a cross-sectional survey design in the context of both quantitative and qualitative research methods. Primary and secondary data were utilized in the study. Primary data were collected by using semi-structured questionnaires, observation, key informant interviews, and focus group discussions. The field survey was conducted with a sample size of one hundred twenty-four individuals selected by quota and proportional random sampling techniques. Data were analyzed through descriptive statistics by using the SPSS program, and by content analysis. The findings of the study discloses the contribution of micro finance for income increment and diversification of income sources, reduction of income inequalities, increase in consumption, improved living condition in terms of purchasing household assets, house ownership and access to medical services. Another significant contribution of micro finance intervention is increase in trend of capital accumulation in the form of savings, and the creation of employment opportunities. On the other hand, micro finance services have limited impact in the entrepreneurial development of micro enterprises in sustaining and improving MSEs. Profitability in relation with enhancing external market linkages, implications for regulatory aspects of MFIs’ and on concerned stakeholders’ support for MSEs services such as reviewing loan ceiling, and repayment terms, reducing group size, reviewing members’ selection procedures, and continuous follow-up of enterprises’ performance in a coordinated manner. Generally the outcome of the study has established that MF and supporting institutions’ interventions on MSEs have shown improvements in terms of increase in income from enterprises, access to life-enhancing facilities, employment opportunities, and saving status of the working urban poor in the study area .
ANALYSIS OF SMALLHOLDER FARMERS' PRODUCTIVITY WITH CLIMATE VARIABILITY IN SIDAMA ZONE, SNNPRS, ETHIOPIA
(Hawassa University, 2014-06) MILLION MATHEWOS KORSISA
Climate change and variability is one of the greatest challenges facing the Ethiopian agrarians. Climate variability has a drastic impact on agricultural output, with total crop failure and massive livestock deaths. Furthermore, the capacity of the rural poor to cope with climate related shocks has declined due the increase frequency and intensity of droughts. This study looks on the impact of climate variability on farmers' productivity and their adaptation methods of Sidama Zone, Loka Abaya, Dalle and Wonsho Woredas. The study area is hotspot for the impact of climate variability. Both primary and secondary data were used in the study and analyzed though qualitative and quantitative methods. The data were collected through key informant interview, focus group discussion and direct observation and analyzed by using descriptive statistical tools like percentage, frequencies, mean value, cross tabulation were implemented to investigate information about the intended objective of the study. To determine the sample size for the study, multi stage sampling techniques were employed Three Kebeles were selected by simple random sampling method and 191 respondents were participated in the study. The general findings of the study shows that the climate of the zone has shown variability and in turn, this climate variability has impact on the productivity like crop production, cropping pattern, availability of long cycle crops, and availability of livestock feed and loss of livestock were the major ones. To minimize the impacts of climate variability on elders and child, landless, female-headed household, the farmers of the zone had adopted different coping strategies like; selling labour, food aid and selling livestock. Migration, early maturing crop varieties, water and soil conservation, environmental rehabilitation and area closure were long-term adaptation practices applied by farmers and zone office of agriculture. By considering the above facts, the researcher recommends, there should collaboratively works of farmers and DA experts on rehabilitation of their environment. The zone office of agriculture should encourage farmers to use drought resistant crop seeds with commercial fertilize, compost and soil moisture management practices. In addition to this, the concerned body should train the farmers create consciousness about the impact of climate variability
CHILD LABOUR IN THE URBAN INFORMAL SECTOR: THE CASE OF CHILDREN ENGAGED IN SOLID WASTE MANAGEMENT ACTIVITIES IN HAWASSA CITY, SNNPRS
(Hawassa University, 2014-10) AKALEWOLD FEDILU MOHAMMED
This study was conducted in Hawassa City Administration with the main objective of assessing the causes and consequences of child labor on children who are engaged in solid waste management activities in the city. To accomplish its objective, the study employed a survey method, which is supplemented by qualitative research to enrich the data. Then 105 child solid waste management workers were selected by using purposive sampling technique. Questionnaire was the main instrument of data collection. Focus group discussion, key informant interview, observation and case studies were also utilized to substantiate the data gained through the questionnaire. The quantitative data was analyzed using technique like frequencies, percentage, mean and cross tabulation. The qualitative data obtained through focus group discussion, key informant interview, personal observation and case studies were analyzed by using narration. The results of the study revealed that poverty (inabilities of parents or guardians to fulfill things important for their children), aspiration of children to support their parents and to become economically independent from their family were played a crucial role in the overall involvement of children in solid waste management activities. Furthermore, the study depicted that low occupational and educational status of parents, attitude of parents on the contribution of their children for survival, large family size, peer pressure and rural – urban migration pushed the child to work in solid waste management activities in the study area. On the other hand, the study findings clearly indicate that common cold, diarrhea, stomach ache, head ach, pneumonia, abrasion or scratch, eye irritation and malaria were the most prominent health problems faced by the working children and body cut and puncture were the most prominent physical injuries. The study finding was also indicated that the working children were victims of physical and emotional abuses. Finally some important recommendations have been raised as a solution to reduce the problem faced by child solid waste management workers in the study area.
CERTIFICATION OVER CERTIFICATION AS URBAN LAND TENURE CHALLENGE: THE CASE OF HADIYYA ZONE
(2018-05) GETISO DETAMO MEKEBO
Given the lack of a formal urban registration system in Ethiopia, registration and certification in urban centers are normally linked to the provision of land for new holdings or transfer of use rights for existing landholdings. It also relates to regularization process of informal settlements and current pilot works on urban land re-registration towards securing urban land rights. The purpose of registration and certification in urban land administration is aimed at securing urban lands for the landholders because secured tenure is a precondition to reap all the benefits accrued from urban land rights. In relation to registration of urban lands, this research considers COC as one of the major challenge of good urban land governance. COC is a scenario in which the same urban plots are entitled and certified for more than one person. In answering the research questions, the thesis involved a combination of doctrinal legal research and largely supported by qualitative data. To this end, the findings of this study uncovered hosts of problems such as; legal double or multiple allocations through earlier permit systems, issuance of forged receipts or titles and concluding illegal oral contracts. Further, regularization process of illegal settlements and existence of informal legal settlements without due documentation and serious corruption in urban land sector are also among the hosts. As a result, urban landholdings are insecure which has compromised all synergy of lease/use rights of the holders. Thus, some are beneficiaries and some others like vulnerable persons are victims. In a nutshell, this study identified that the urban land- to-landholders relationship is in a vicious circle and hence, COC is one of the manifestations of weak urban land administration.It recommends the enhancement of good governance in urban land administration and unreserved political commitment thereof towards ensuring secure urban land lease/use rights.
Factors Affecting Women Participation in Leadership Positions: The Case of Selected Public Secondary Schools in Adama City Administration
(2018-05-11) Seyoum Asfaw Garedew
The main purpose of this study was to investigate factors that affect women's participation in school leadership position in public secondary schools of Adama City Administration. Accordingly, the study specifically assessed the proportion of women at leadership positions; the extent of women's aspiration to participate in school leadership position; the strategies in place to promote women participation on leadership position; and to identify major factors that affect women's participation on leadership position in public secondary schools of Adama City Administration. The study employed mixed research approach-qualitative and quantitative. The data gathering instruments employed includes questionnaire, interview, and document review. The questionnaire was administered to 190 male and 119 female respondents; and the response rate was 92.63% for males and 93.28% for females. Furthermore, key informants interview was held with three Officials (Head of Adama City Education Office; women's focal person of Education Office of the City; and Head of Adama City Women and Children Affairs Office) were also used in the analysis and interpretation of the data. Furthermore, school statistical data were collected from schools regarding the proportion of women at leadership positions in public secondary schools of the City. The results of the study reveal that the participation of women in school leadership position was found at lower level during the past eight years, since 2010. The study finds that on average only 21.28% of women held leadership position in the studied public schools. With regards to the aspiration of women towards school leadership positions, the study finds that the aspiration of women for leadership is at moderate level. The finding also indicated that school authorities put little effort to place women in school leadership positions. Regarding the factors that may affect the participation of women in leadership position, the study identified social and organizational issues to be more important than personal factors. The study recommends that there is a need to introduce quota system in assigning school leadership positions to ensure women are sufficiently represented; giving more chance for women to improve their educational status and leadership skills through long-term and short-term trainings; giving recognition and motivational rewards for those women who are performing their work at the best success; conducting careful monitoring and evaluation of the implementation of policies and strategies in place in relation to women’s participation on school leadership positions by government and all other stakeholders; arranging awareness programs on the importance of women’s participation in school leadership aThe main purpose of this study was to investigate factors that affect women's participation in school leadership position in public secondary schools of Adama City Administration. Accordingly, the study specifically assessed the proportion of women at leadership positions; the extent of women's aspiration to participate in school leadership position; the strategies in place to promote women participation on leadership position; and to identify major factors that affect women's participation on leadership position in public secondary schools of Adama City Administration. The study employed mixed research approach-qualitative and quantitative. The data gathering instruments employed includes questionnaire, interview, and document review. The questionnaire was administered to 190 male and 119 female respondents; and the response rate was 92.63% for males and 93.28% for females. Furthermore, key informants interview was held with three Officials (Head of Adama City Education Office; women's focal person of Education Office of the City; and Head of Adama City Women and Children Affairs Office) were also used in the analysis and interpretation of the data. Furthermore, school statistical data were collected from schools regarding the proportion of women at leadership positions in public secondary schools of the City. The results of the study reveal that the participation of women in school leadership position was found at lower level during the past eight years, since 2010. The study finds that on average only 21.28% of women held leadership position in the studied public schools. With regards to the aspiration of women towards school leadership positions, the study finds that the aspiration of women for leadership is at moderate level. The finding also indicated that school authorities put little effort to place women in school leadership positions. Regarding the factors that may affect the participation of women in leadership position, the study identified social and organizational issues to be more important than personal factors. The study recommends that there is a need to introduce quota system in assigning school leadership positions to ensure women are sufficiently represented; giving more chance for women to improve their educational status and leadership skills through long-term and short-term trainings; giving recognition and motivational rewards for those women who are performing their work at the best success; conducting careful monitoring and evaluation of the implementation of policies and strategies in place in relation to women’s participation on school leadership positions by government and all other stakeholders; arranging awareness programs on the importance of women’s participation in school leadership activities particularly on top-level management of the school, work to gender sensitize the school community and promote gender sensitive organizational culture . xi
EVALUATION OF CUSTOMARY PRACTICES AND INSTITUTIONS IN RELATION TO WOMEN‟S RIGHTS TO RURAL LAND INHERITANCE IN SNNPRS: EXPERIENCES FROM GAMO GOFA ZONE
(2018-06) BILATE BISARE BITIRE
This thesis critically evaluates customary practices and institutions in relation to women’s right to rural land inheritance in Gamo Gofa Zone (GGZ), southern Ethiopia. It also analyzes the legal frameworks stipulating women’s rights to rural land inheritance in Ethiopia in general and in SNNPRS in particular. Women’s right to land inheritance is well recognized under international human rights instruments. In Ethiopia, women’s right to land inheritance is constitutionally recognized as well as in other land specific legislations. Assets like land gained through inheritance is essential to women’s every day survival, economic security and so forth. Despite the legal recognition, women’s right to rural land inheritance is not effectively implemented in GGZ primarily because of gender discriminatory customary rules and practices. Moreover, the elders acting as judges in customary institutions by applying already discriminatory customary rules deny women to inherit land. Thus, this study examines the customary challenges of women’s right to land inheritance and the justifications behind the customary prohibition of women land inheritance in the study area. Its main objective was to evaluate customary practices and institutions, examine, and analyze legal instruments and identify gaps between the laws and the practices on the ground in relation to women’s right to rural land inheritance in the study area. To answer the proposed research questions and attain its intended objectives, the researcher employed a qualitative research methodology. Moreover, to show the practices on the ground, the researcher used qualitative data collection methods such as in depth, key and informant interviews, focus group discussions and personal observations. Thus, the finding of the study shows although there is legal recognition due to deeply rooted gender discriminatory customary practices and elders biased decision in some customary institutions in GGZ, majority of women are deprived of right to possess land through inheritance. To tackle these challenges awareness creation campaigns to the whole rural community, community chiefs/clan leaders and women are very important. Moreover, all three organs of the SNNPRS government should ensure the implementation and enforceability of laws that protects women’s right to land inheritance. Furthermore, courts at the district level should take and apply the family member definition provided by the Region’s rural land legislation so that women can access land through inheritance.
EXPROPRIATION OF PERI-URBAN LANDS IN SNNPRS: EXPERIENCE FROM HADIYYA ZONE
(HAWASSA UNIVERSTY, 2018-06) ASHENAFI ABREHAM JORGE
This paper critically examines the laws applicable for expropriation of peri-urban lands in SNNPRS and the adequacy and fairness of the amount of compensation and the existence of public purpose. The paper also tried show the process of expropriation in existing laws and regulations in SNNPRS such as regulation No. 123/2015 and Directive No.08/2015, both laws were issued to implement the federal Lease holding proclamation No.721/2011. In conducting this empirical research, the author has utilized both case study and qualitative legal research, where one particular expropriation case is studied carefully. Among primary sources interviews, focus group discussions, and laws were utilized. And also relevant literatures were used as secondary sources. This paper also reveals the existence of great discontent by the evicted landholders due to payment of inadequate amount of compensation because of improper and unreasonable methods of calculating compensation. However, the FDRE Constitution and its counterpart of SNNPRS constitution provided for secured and lifetime use right over rural landholdings and also provides for payment of ‘commensurate’ amount of compensation in advance. In addition to this, this study has also revealed the circumstances in which public purposes are not implemented in harmony with time and manner agreed. The peri-urban farmers who were evicted of expropriation were unable to be reinstated to their former economic as well as social positions due to delay and inadequacy of compensation and absence of dedication by the expropriating authorities to help them rehabilitated. Moreover, the basis of calculation provided under the expropriation proclamation is unreasonable and could not be a basis for ‘commensurate’ amount of compensation. The author suggested the regional state to issue implementing directive for the federal expropriation proclamation and require the government to pay interest for the evictees based on the delay in cases where possession is taken before compensation is paid.
INVESTOR-STATE ARBITRATION UNDER ETHIOPIAN BILATERAL INVESTMENT TREATIES
(2018-06) GIDEY BELAY ASSEFA
Investor-state arbitration is quasi-judicial means of settling investment disputes which was considered as neutral, flexible, cost effective and specialized form of dispute settlement. Currently, however, the overall system of investor-state arbitration is criticized for it gives protection to investors while undermining host state’s interests. Almost all Ethiopian BITs contain investor- state arbitration. It is not known, however, if investor-state arbitration under these BITs balances the interests of investors and host states. Hence, the objective of this study is to examine whether investor-state arbitration provisions of Ethiopian BITs balance the interests of the country and investors. In doing so, text analysis of 28 Ethiopian BITs is made. A semi-structured interview with purposively selected individuals, who are academicians, practitioners and government officials, is also employed. Literatures and reports are also used. Consequently, it has been found that most investor-state arbitration provisions are framed broadly and leave many procedural issues to external rules of arbitration thereby give unfettered discretion to tribunals. They are inconsistent and open to abuse of MFN. Host states are not guaranteed to submit claims or counter claims and the types of relief that the tribunal may render is not addressed within the BITs. These findings take us to the conclusion that investor-state arbitration under Ethiopian BITs guarantee the rights of investor, and not the host state. These provisions can have a devastating effect on the host country once a case arises. An analysis on the compatibility of the recent global developments of rectifying the problems have been conducted that revealed that abandoning investor-state arbitration is not a good choice for Ethiopia. The study finally recommended that investor-state arbitration must continue to exist in the Ethiopian BITs but with major reform.
HE ROLE OF COMMUNITY PARTICIPATION IN FIGHTING URBAN LAND CORRUPTION: THE CASE OF ARBA MINCH TOWN, IN GAMO GOFA ZONE, SNNPRS, ETHIOPIA
(2019-02) ABINET MAJORE KELELE
This study explored the role of community participation in fighting urban land corruption in Arba Minch town. The study considered households from purposively selected three kebeles of the study area, employees and officials from Arba Minch town land administration sector in GamoGofa Zone SNNPRS. Purposive and systematic sampling techniques were employed to select samples from total population. A total of 240 respondents were participated in this study. A self-administered questionnaire, interview, focused group discussion and document analysis were used. Three kebeles namely: Edigetber, Gurba and Kulfo were participated in the study. Data were analysed using descriptive statistics and T-test. The findings of the study indicated that; regarding drivers of urban land corruption: absence of land records, greediness of officials and lack of public concern, inability to maintain a given standard of living, inadequate land laws and procedures, lack of punitive measures, unclear delineation of state and private land, the weakness of justice system, poor incentive to employees, lack of awareness about anti-corruption laws were identified. Concerning challenges of institutional arrangement of land administration sector in fighting land corruption: lack of clear objective, availability of partiality, vagueness of transparency in the institution, in adequate employees readiness to be against corruption, lack of good governance within the institution, conflicts arise during sharing of incentives, lack of incentives for better performances of the workers, lack of regular follow up of performance, absence of norms of the institution in which performers are responsible and accountable on their duty. Regarding consequences of land corruption: failing to keep the interest of society, illegal transfer of land, lack of quality in services, disregard for officials, illegal land use certificate granting, inadequate land compensation, displacement of citizens were identified. Finally concerning the ways of community participation thecommunity was not effectively participated in fighting urban land corruption of the study area.From these findings, it is recommended that the town administration was required to work hard in order to: alleviate land corruption drivers, improve institutional arrangements and minimize consequences of land sector corruption in the study area. Also the town administration was required to work harder to inform and empower the community in their fight against urban land corruption.
COMMERCIAL AGENT IN ETHIOPIA: A COMPARATIVE STUDY
(2019-02) MULUGETA TEKLEHAYMANOT
This is a comparative research work on the legal frame work of “Commercial Agent” in Ethiopia with an objective of exploring the various available legal frameworks there for and the associated problems therein. In this LLM thesis, it has been tried to overview the various legal protections on Commercial Agent in different jurisdictions and to also compare and contrast these ‘Commercial Agent’ frameworks with that “Commercial Agent” Legal frame work in Ethiopia. The paper finally comes up with some conclusions drawn from the legal loopholes and problems observed in the Laws which bestowed protection to Commercial Agent and the findings of the research show that there are inadequate legal frameworks to regulate the Commercial agency, part icularly Commercial Agent in Ethiopia. As a result under the Commercial Code of Ethiopia regarding the scope of a commercial agent’s activities , the exclusionary rule from Commercial agent businesses , the effect of Continued performance after the ex piry of fixed period, the consequences of non - observance of mandatory notice for termination, duty to cooperation of the commercial agent and principal, issue of remuneration post termination, the entitlement of Commercial Agent up on termination for de finite period of time, the entitlement of Compensation/indemnity if the agency relation is terminated due to death, illness, age and infirmity of the agent ,obligation not to compete post termination and the time - barred(period of limitation) for entitleme nt of compensation up on termination of the agency agreement are not properly addressed in a manner that attracts Commercial agency business investment.
ANALYSIS ON THE INCIDENCE AND DETERMINANTS OF URBAN HOUSEHOLD POVERTY: THE CASE OF DURAME TOWN, KAMBATA TAMBARO ZONE, SNNPRS, ETHIOPIA
(2019-02) DESALEGN LIRANSO DAEMO
Poverty is a complex and multidimensional social problem in the world including Ethiopia. It has been a long time that the attention of the international community is drawn to alleviate it. However, poverty is still continued to be a challenge for global community. Recently, poverty is becoming a typical urban phenomenon due to rapid urbanization particularly in developing countries. Various factors could determine the incidence and extent of household poverty in urban areas. Studies that identified factors that determine the level and extent of urban household poverty particularly in small and medium towns were not adequate. The objective of this study, therefore, was to analyze the incidence and determinants of urban household poverty in Durame town with the specific objectives of measuring the incidence and extent of urban poverty using consumption expenditure approach, analyzing the determinants of urban household poverty, assessing the role of GOs and NGOs in reducing urban poverty and identifying the possible opportunities that enable reduce poverty in the study area. In order to attain these objectives, 227 sample households were selected using systematic random sampling method from two kebeles of the study town. Primary data was collected from the sample households using survey questionnaire. Key informant interview and FGD were also conducted as planned and these data were used qualitatively to substantiate the findings. Poor and non-poor households were identified by using preset poverty line of birr 5142.16 for the study area. Consumption expenditure per adult equivalent per year was computed against the predetermined poverty line to categorize poor and non-poor households. FGT method was employed to identify indices of incidence, gap and severity of poverty. The results revealed that about 29.9 % of the sample households’ fall below poverty line with 5.9% and 2% poverty gap and severity respectively. Econometric results of binary logistic regression model demonstrated that sex and household size were found to be statistically significant determinants of poverty and have strong positive association with poverty status of urban household whereas education, income, access to safe water and electric energy were associated negatively with poverty status of the urban household at statistically significant level at 1 percent. The remaining predictor variables revealed as positively associated except credit which is negatively associated with poverty status of the household at statistically insignificant level. The findings of the study confirmed that the role of GOs and NGOs is not significant except providing some school materials for few poor households by some religious institutions. The GOs projects were mainly focused on upgrading urban infrastructure and social protection activities were not yet practical. As it was common elsewhere, the focus of NGOs is mainly rural than urban in the study area. As poverty incidence is higher in the study area, it requires greater attention to design pro poor projects to improve the living condition of poor urban households. Emphasis should be given to family planning strategies as the average household size is larger in the study area. In addition, adequate effort should be needed to improve the accessibility of safe drinking water and electric energy to poor households without which escaping poverty is difficult for urban households.
Analyzing the Legal and Institutional Functions of Copyright Collective Management Society in Ethiopia: A Comparative Analysis.
(2019-03) Berhanu Mulugeta
Copyright collective management society is very important for managing copyright since individual management is impossible for right holders to exercise their rights by dealing with all potential users. Accordingly, the objective of this thesis is to examine the adequacy of the legal and institutional function of collective management society in Ethiopia and go through the legal loopholes of the new amended copyright law and difficulties of Ethiopian collective management society. The research is predominantly doctrinal and qualitative data is used to test the validity of the research .Also, Comparative study was conducted with foreign laws of other countries namely Canada, Germany, India and Nigeria since these countries have a sound copyright policy, well developed collective management society, and comprehensive copyright law. The researcher found that certain ambiguities on the legal provisions on the formation of collective management society are obstacles for the formation of collective management society. The provisions of Ethiopian collective management society are not compatible with digital technology. Also, the study found out in addition to the legal gaps, there are other challenges that affect the establishment of a strong and functional collective management society in Ethiopia; for instance, lack of trust of copyright owners on collective management society, lack of unity among the copyright owners and cooperation between the government agencies. Therefore, it is concluded that collective management society has not been effectively functioning in Ethiopia due to loopholes of the provisions of copyright law and unable to keep the interest of copyright owners. Accordingly, the researcher recommends amendments in the provisions of the copyright and neighboring right law to make it comprehensive law and to provide viable solutions for the legal gaps and problems that affect the formation of vibrant collective management society. Moreover, Ethiopia should adopt the experiences of the countries like German, Canada, India and Nigeria in managing copyright in protecting the rights of copyright owners and users and set up a well-developed collective management society.
The Legal and Institutional Framework of Public Construction Works Procurement in Ethiopia
(2019-04) Yohanan Yokamo
Ethiopia has adopted its own legal and institutional framework of public procurements consisting of modern public procurement rules, principles and regulatory set ups so as to overhaul the weak and corrupt public procurement systems. Although there are changes in the Ethiopian legal and institutional framework following the enactment of the 2009 Public procurement proclamation, it is argued with regard to its application to different type of public procurements. Accordingly, this paper particularly deals the legal and institutional framework of public construction works procurement in Ethiopia. Crucially, the public procurement regime in a market economy is, inter alia, determined by the quality of the consistency and inclusion of the modern guiding principles for public procurement laws. In this respect, the Public procurement regime has markedly developed considerable guiding principles of public procurement. Accordingly, this work assessed those principles in legal and institutional framework of public construction works procurement in Ethiopia and through discussion; it has found contravening the guiding principles. Accordingly, based on the legal research qualitative methodology and primary data, cases and looking into the existing literature, the paper basically identified that inadequate emphasis given to the methods and procedures of public construction works procurement and lack of specific regulatory framework that adopt e-procurement methods of procurement and Performance- Based Contracting (PBC) in government construction works procurement, and nonetheless, the failure of regulatory framework to effectively address procurement made between two and more public bodies and the fragmented nature of public construction works procurement regulatory framework are crucially affecting the effectiveness of the public construction works procurement in Ethiopia. In addition, the thesis further argues, absence of comprehensive regulatory framework that allows public bodies to check the reasonable performance, require regulatory reforms in Ethiopia to introduce new approach and tools like Performance Based Contracting (PBC) that enable public bodies to reasonably check „cost of procurements effectiveness‟. As regards institutional setups for the competitive public construction works in Ethiopia, the study identified the absence of coordination and overlap of mandates among government organs charged to check and balance the activity of procuring organs in public construction works in Ethiopia.
COMMUNAL LAND TENURE AND LIVELIHOOD IN SMALLHOLDERS FARMING COMMUNITY REFERENCE FROM KEMBATA-TEMBARO ZONE, SNNPR
(2019-05) BIRUK TADESSE ADEGO
The thesis examines the inter-connection between communal land tenure and livelihood, factors making it insecure and led to its extinction including its legal status, among smallholders in Kembata-Tembaro Zone, SNNPR. Since the early 1980s, there has been a resurgence of research activity in the area of common property resources and growing recognition of the importance of common pool resources for rural livelihoods. Lands for grazing and wildlife, forests and woodlands, mountaintops, sacred localities, lakes and streams within the community lands are usually retained purposely as collective property in which all members have use rights and communal land is essential to the community as a source of livelihood. Theoretically, Hardin’s tragedy of commons lies in the expectation that a resource will be overused when it is part of a “commons” and points out the hazards of open access (res nullius), rights or duties have not been defined and lack of property right.He argued for the privatization of the commons for effective use. Ostrom’s new common pool resource theory, justifies protecting the commons by underlining its significance for their needs and future generations. Practically, Communal land tenure is a typical feature of many developing countries. Lands held customarily in many parts of the world have always been vulnerable to involuntary loss, particularly those that are unsettled or unfarmed; that is, lands normally held collectively by individual communities. Nonetheless, concerns are repeatedly voiced by different civil society organizations and human rights advocates that state and private interests are increasingly infringing on poor people’s rights and access to the commons. There is growing international acknowledgment of the importance of communal land and there are soft laws in the form of guidelines and declarations were set in place for the recognition and protection of communal land tenure. In addition, there are many countries legal framework that safeguard communal land tenure for the sake of the rural poor. In Ethiopia, communal land rights are largely discussed in terms of pastoral society or semi-pastoral society. However there are communal lands among the smallholder farmers as well and play a major role in diversifying the livelihoods. In addition to their individual farmlands for crop production, smallholders are highly dependent on communal land and resources such as timber, firewood, fodder and most essentially, a place for ritual ceremonies. The empirical data obtained from the study area indicates that due to a number of unregulated practices and considering it as (res nullius) ownerless property, communal lands remain insecure. It is at the verge of extinction, led to poverty and human right violation. Thus, the writer argues for amendment of land laws and effective implementation to ensure tenure security of communal lands thereby securing and diversifying the livelihoods of poor smallholder rural farmers and ensuring human rights.
POLITICAL UPRISING AND FOREIGN DIRECT INVESTMENT IN ETHIOPIA: LEGAL PROTECTION AND COMPENSATION
(2019-06) BEHAILU BERGENA WADA
n the current globalized world, where every single action of one country or any international organization directly or indirectly; positively or negatively affects another country, FDI is considered to be one of engines of boosting economic development of both developed and developing countries in which Ethiopia is not an exception. There are different theories for and against the flow of FDI into the territory of the host country. Those which analyze in favor of it try to mention the positive effects of FDI while the opposite side criticizes the same on the ground that FDI doesn‘t play positive role in the affairs of the host country or it takes the minimal part. Sooner or later it is positively considered by the majority of academic persons and politicians. FDI is not indifferent to the domestic situations of the host country. There are different determinants which play either positively or negatively in the inflow of FDI. One of the determinants is the political environment of the recipient country. The more stable is the political situation of the host country the more likelihood of inflow of FDI will be. The holding of massive political demonstration, political violence and armed conflicts are some of features of political instability in the host country which put the host country in disadvantageous part regarding the inflow of FDI. The study is mainly devoted to be conducted due to the current political uprising which has begun mainly three years ago. Following the political uprising, several FDIs have suffered from damage. Though the response of the government, to repair the damage, is quicker, investors have welcomed it in hesitation alleging its insufficiency. There are also investors who have refused to receive the government‘s ‗financial support because of its disproportionality to their damage. The general objective sought to be achieved, in the study, is checking whether the country has tried its best to prevent or mitigate the occurrence of the damage and the response of investors on the ‗financial support‘ made by the government. To do so, the qualitative and non-doctrinal research methodology has been employed. The legal documents and other literature have been reviewed. Interview has also been conducted with the Ethiopian Investment Commission and three investors which have been selected from among the injured investments following the political uprising. The study has revealed that Ethiopian government has shown reluctance in implementing the country‘s obligation of according full protection and security. Therefore, it has come up with the recommendation that the Ethiopian government should give equal endeavor for putting the obligation into practice as that of its diligence to attract FDI.
BALANCING RIGHTS AND OBLIGATIONS IN ETHIO-CHINA BIT
(2019-06) HASHIM TUNA
Thank you Lord ,you are Unmoved mover of globe, for making this possible and for all the blessings. May your name always be praised because it is only through you Lord that your creation can live a more fulfilled and purposeful life. This thesis would have remained an idea without the constant encouragement, unwavering dedication and outstanding supervision from my supervisor ,Associate Professor Daniel Behailu. At a personal level, he is generous, friendly and easily gets along. At a professional level, he creates the perfect environment for personal growth, reflection, focused research and offers meticulously insightful comments. I am deeply indebted for the invaluable time we spent discussing numerous general international laws during investment course and while conducting my thesis. Thank you so much for your patience and for your intellectual curiosity. I would like to thank my parents ,especially my Mom, who always encouraged me to seek new challenges and opportunities for my personal development. Additional thanks are due to my colleagues in Justice Office, thank you for the steadfast friendship and the moral support above all for the, constant inspiration. All of you , thank you for the friendship and for the motivation. I would like to thank my son, Singtan, who provided me with a very peaceful pregnancy, which made it possible that I continued to pursue my Master’s degree and write my thesis while working full time. Lastly, Special thanks are due to my wife ,Emu, for all the love and support, constant encouragement, generosity and for keeping me grounded and who followed with a lot of enthusiasm the development of this thesis. Thank you very much for your love, understanding and for enduring little bear’s kicks during my absence. I hope when little bear ,Singtan, is of age the thesis will inspire her to pursue an education beyond this level. I would never be able to make this dream come true without your support and assistance. From preparing our meals and organizing the house, to listening to all my ideas for the thesis, my wife was undoubtedly the strongest boost that I had to make this thesis a reality.
AN ASSESSMENT OF THE CAUSES AND EFFECTS OF HUMAN TRAFFICKING: THE CASE OF SAESIE TSAEDA EMBA WEREDA, TIGRAY REGIONAL STATE, ETHIOPIA.
(2019-11) DESALEGN TEKA GIDEY
These days, trafficking is a worldwide concern that affects the whole world. Every nation in the world, including Ethiopia, has been impacted by human trafficking regardless of socio-economic status, history or political situation. Thousands of Ethiopians trafficked irregularly through the facilitation of brokers and traffickers and face several horrible challenges and perils in the desert and sea routes, transit as well as in the destination countries. Thus, this thesis aims to explore the causes, actors and physical and socio-economic effect of trafficking in persons on victim migrants in Sa’esi’e Tsa’eda Emba wereda, Tigray regional state. This study employed exploratory research design relying on a qualitative research approach and non-probability sampling technique. The total number of research participants were 41 (15 returnees, 5 key informant and 21 individuals for Focus group discussions). The research participants were selected based on snowball and purposeful sampling methods. Data were collected from primary and secondary sources through in-depth interview with returnees, key informants, FGDs and reviewing relevant literature. In general, the research findings show that economic and socio- cultural factors are the major causes of trafficking in persons in the study area. Besides, lack of good governance, corruption, and denial of justice are also other triggering factors of human trafficking in Saesie Tsaeda Emba wereda. Further, the findings indicate that the trafficked individuals have faced multifaceted economic, physical and psychological perils during the journey in transit countries as well as after reaching the intended destination countries. The study recommended that the government should reduce poverty, controls its borders, and promote awareness to all levels of the community in the wereda.
POTABLE DOMESTIC WATER SUPPLY AND ITS SOCIO- ECONOMIC IMPLICATIONS: THE CASE OF MEJO TOWN ARORESSA DISTRICT, SIDAMA SOUTHERN ETHIOPIA
(2020) ASSEFA ADMASU DEBESSA
Adequate supply of potable water helps for social and economic development and its accessibility and availability with good quality contributes for improved public health and better living standards. However, providing potable water is a serious challenge of the 21st century in developing countries. Therefore, this study was aimed to assess potable domestic water supply and its socio-economic implications in Mejo town, Sidama Southern Ethiopia. This is descriptive cross-sectional study with mixed research approach. Systematic random and purposive sampling technique was used to select study participants. Data was collected from a total of 297 respondents and from primary source using the survey questionnaire, focus group discussion and key informant interview and analyzed using SPSS V23 software and Ms-Excel. Results were presented in tables, bar graphs, pie-charts, means and standard deviations, t test and ANOVA. About 31.6% of respondents use the hand-dug well water sources. The overall average water demand and consumptions were 217.7(±8.86SD) and 116.08(±8.79SD) liters per a day to household level respectively and is not coincides with each other. The average of individual water demand and consumptions were 31.1 and 16.58 liters per a day per person respectively, which is below to recommend by the WHO. About 52.9% and 68% of respondents stated the location of water as inconvenient to fetch and the status of the town potable water supply was inadequate, respectively. About 40.7% and 39.4% of water collectors were housewives and school-age female children, respectively. About 85.9% of respondents described the insufficiency of daily piped water access. About 92.6% and 54.2% of respondents stated that as they faced serious challenge in water supply and for drinking water, respectively. Then, 70.4% and 60.9% stated that as water supply shortage put in high social and economic impact, respectively. About 62% stated government as responsible body for sustaining potable water supply. In general, the access of potable domestic water supply was poor, there were serious challenges for water supply, and water supply shortages are associated with high social and economic impact. Therefore, government and concerned body should work to supply potable water, try to minimized challenges through building institutional capacity, providing finance and diversifying water source. In addition, the District inter-sectoral collaboration is the necessary action to be taken in order to minimize the social and economic impact of water supply shortage. Key words: potable domestic water, supply, socio-economic, Mejo Sidama, Ethiopia
THE PRACTICES AND CHALLENGES OF CUSTOMARY CONFLICT RESOLUTION MECHANISMS IN RURAL LAND DISPUTES: THE CASE OF BAHIR DAR ZURIA WOREDA, AMHARA REGIONAL STATE, ETHIOPIA
(2020) ASMARE SHETAHUN ALEMNEH
The objective of the paper is to assess the practices and challenges of customary conflict resolution mechanisms in rural land dispute resolution in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Key informants and FGD participants were selected based on purposive and snowball sampling methods. Purposive sampling used to select informants on the basis of their knowledge, and experience in the community about the issue in this study. Snowball sampling also used to select informants having better experience on issue studied. The total number of informants participated in this study were 61. The data were analyzed qualitatively through the use of thematic analysis. It is found that rural land disputes were instigated due to various factors like the increases in population number, scarcity of farm land, poverty, the increase in rural land value, and weak rural land administration system were the indirect causes of rural land disputes and manifested in the forms of boundary disputes, inheritances disputes, transfer of land disputes, access, and ownership disputes. The findings of this study also indicated that shimglina customary conflict resolution mechanisms played great role in land dispute resolution. The strengths of shimglina in which, people prefer it over the formal legal system were, in terms of time, resource, accessibility, and restoring the broken peaceful interaction. The study revealed that shimglina faced many challenges that hinder its effectiveness in the resolution of land disputes. Unless the underlying challenges of shimglina are not solved, the effectiveness of the mechanism in the resolution of land dispute is difficult. The absence of clear legal and policy framework in the practices of shimglina in rural land disputes, lack of attention to shimglina by the government, the absence of strong enforcement mechanism, the influence and intervention of the government and politicization of shimglina are the major challenges in the practices of shimglina in rural land disputes resolution. The government should give attention to shimglina in rural land disputes for peaceful co-existence and community solidarity.
PRACTICES AND CHALLENGES OF BALANCED SCORE CARD IMPLEMENTATION: THE CASE OF MIRAB AZERNET BARBARE WOREDA IN SILTE ZONE, SNNPR, ETHIOPIA
(2020) AKMEL AHMED MUKTAR
The purpose of this study was to assess the practices and challenges on the implementation of Balanced Scorecard (BSC) in Mirab Azernet Barber woreda. This study adopted a descriptive design and employed both quantitative and qualitative approaches to achieve the research objectives. Data was collected from both primary and secondary source by using questionnaires, interviews, and FGD. Out of the 458 target population 214 were selected through stratified random sampling techniques, from this 198 (92.5) questionnaires were collected back. In addition to this, 13 leader and 10 senior employees were selected by purposive sampling method, and 10 customers selected by Convenience (accidental) sampling. Overall, 247 sample was included for this study. Statistical package for social sciences version 20(SPSS) was used for data analysis and interpretation .The findings from the study is revealed that the majority of the respondents were not participate in the formation of strategic plan and they were not clear in the vision, mission and values of the offices. The leaders were not sufficiently communicated to staff members and they were not creating a favorable working condition for employees, and BSC implementation was not equipped with employees with accountabilities and responsibilities. The BSC implementation was not supported by IT system, and the office did not provide appropriate training. The performance evaluation measurement systems were not measured by standards and not scientific. The results show that the woreda government offices were not successful in terms of BSC implementation practices. Also respondents raised major challenges for the implementation of BSC such as lack of adequate clarification , lack of leaders commitment and support, Lack of adequate knowledge lacks of skill, lack of accountability, lack of responsibility, lack of empowerment, lack of motivation, inadequate information technology systems, poor office infrastructure , shortage of resources and inadequate training. The study recommended that Mirab Azernet Barbare Woreda government offices should make special attention for customer satisfaction, adequate training, constructive monitoring, continuous performance evaluation, fair incentive and equitable promotion. These, help to improve the implementation of balanced scorecard.