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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    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.
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    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.
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    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.
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    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.
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    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.
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    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.
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    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.
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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 .
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    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
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    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
Academic and research outputs of the College of Law and Governance.