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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    EXAMINING THE LAWS REGULATING OWNERSHIP STRUCTURE AND FORECLOSURE IN MICRO FINANCE INSTITUTIONS IN ETHIOPIA
    (2020-06) ABRIHAM PETROS BASSA
    Many people in Ethiopia have been given access to formal financial services through microfinance programs. However, currently millions of potential clients in the region remain unserved and the demand for financial services far exceeds the currently available supply. Microfinance institutions mainly relied on government, NGOs and associations for their finances. Hence the sectors are characterized by capital constraint. Because of this their service is limited to specific locations of the region. There is weak private investors’ participation in the sectors due to absence of dividend of profit and free transfer of shares. More over the sector is characterized by its weak repayment rate of loan because of absence of specific /separate/ foreclosure law which is suitable for their specific future. So the paper found that to establish sustainable and well outreached MFIs, there should be wide shareholders bases or solid ownership base and specific and adequate foreclosure laws that have its own procedural remedies. Hence absence of separate foreclosure law and weak ownership base are identified as the major obstacles for the sustainability of the MFIs. Microfinance institutions should give more emphasis to financial sustainability and making the environment suitable for private investors in order to reduce their subsidy dependence, ensure survival to achieve their social objective and growth in the future. The methodology employed for this study was qualitative and the data were collected from both primary and secondary sources by selecting the institutions purposively. Accordingly, the study recommends the concerning organ to refine the provision that regulate ownership structure and to enact comprehensive specific foreclosure law that have its own procedural remedies for execution.
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    FAIR TRADE PRACTICES OF PUBLIC ENTERPRISES UNDER ETHIOPIAN LAW: THE LAW AND PRACTICES; WONDO TRADING AND INVESTMENT COMPANY IN FOCUS
    (2020-09) EYASU GODANA GOSOMA
    This study was geared to analyse the fairness of the trade competition among private entities and public enterprises. To achieve this objective, the attempt was made to examine theoretical and legal frameworks, the fairness of the laws and competition practice by utilizing qualitative research design with predominantly doctrinal legal research method. This has been accompanied by documentary analysis and key informant interview as data collection strategy. The study has found out, market based view, resource based view, trusteeship principle, and survival and growth of business principle and economic efficiency theory as theoretical foundation of the competition and competition laws among which economic efficiency is basis for Ethiopian competition laws. Besides, various national laws are identified as legal frameworks governing competition in Ethiopia. Study has also revealed that, the legal provisions governing competition appears fair among private entities and public enterprises. However, study has disclosed practical fairness of competition among private commercial entities public enterprises is inconceivable due to couple of defects noticeable; among which loopholes regarding the very applicability of relevant law, and lack of implementation regulations; and executive intervention and inequality of playing field as critical legal and practical factors challenging fairness of competition respectively among private commercial entities and public enterprises. Accordingly, study has concluded that impartial law enforcement is doubtful regarding public enterprises and pillars of fair competition are being tainted by different legal and practical factors. Therefore, researcher has recommended that, House of Peoples Representatives to revisit relevant law and avoid ambiguous phrase and resulting subjectivity to different interpretations and Council of Ministers and relevant Ministry to issue regulation and directives and public notices respectively and call for impartial enforcement of competition laws even handily and government’s reduced engagement in the economy.
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    MUNICIPAL SOLID WASTE MANAGEMENT PRACTICES AND CHALLENGES IN WOLKITE TOWN, GURAGE ZONE, SNNPRS
    (2020-06) DIGAFENEH KIFLE WOLDE
    Solid waste management (SWM) is the collection, transfer and disposal of all non-liquid and nongaseous solid materials from residential, commercial, institutional, construction, demolishing and street sweeping. Most civilized countries recognize the importance of solid waste management as it has socioeconomic, environmental and health values. However, developing countries like Ethiopia have low consciousness and limited involvements in SWM. Based on this premises, this study is aimed to assess the SWM practices of the municipality in Wolkite town in southern Ethiopia. Descriptive research design with mixed research approach was employed in the study. Totally, 316 sample households were involved in household survey, while, other key informants from the municipality, health institutions and local community were involved in in-depth interview and FGD. The survey data was analyzed using descriptive statistics that was complemented by narration of qualitative data obtained from interview & FGDs. The finding of the study indicates that almost all of the households have temporary storage for solid wastes at their home. However, most of the households didn’t store wastes separately based on the nature of the wastes. Disposing solid wastes in illegal sites is highly practiced most households. Factors like: limited awareness on solid waste management, inconsistent solid waste collection services by the municipality, in adequacy and inefficiency of the private solid waste collectors, poor coordination of governmental organizations and the private sectors in SWM. Furthermore, shortage of solid waste disposing containers and trucks in the municipality, financial constraints, inadequate human power to engage in SWM, lack of proper implementations of rules and regulations and lack of decentralized SWM services of the municipality are also among the bottlenecks that challenged the SWM practices in Wolkite town. In order to curb the challenge on SWM, concerned stakeholders should jointly work. Moreover, the municipality should carry out all the facilities for effective and efficient SWM in the town.
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    MANAGEMENT PRACTICES OF TREES PLANTED THROUGH GOVERNMENT INITIATED CAMPAIGNS IN ETHIOPIA SINCE 2016: THE CASE OF SELECTED AFFORESTED SITES IN HAWASSA ZURIYA WOREDA, SIDAMA REGION.
    (2020-05) BEREKET KEA
    This thesis was conducted with the main objective of assessing management practices of trees planted through government initiated campaigns in Ethiopia since 2016: the case of selected afforested sites in Hawassa Zuriya Woreda, Sidama Region. For achieving the objective of the study, both primary and secondary data were generated by employing qualitative and quantitative methods. Purposive and systematic random sampling procedures were applied to select two kebeles and 118 sample households respectively. The quantitative data was analyzed using in descriptive statistic like: frequency and percentage, where data is depicted in tables. Moreover, the qualitative data was analyzed using narration and descriptions that was used to authenticate the study. The results of the study showed that, the new government policy of campaigned tree plantation was not put clear demarcation of who to manage forests in the kebeles level. It didn’t sufficiently consider endogenous knowledge of community forest management, which could help the forest management work easy. Even-though, the communities have their own indigenous knowledge and have awareness about the benefits of forests for their livelihood in local and environmental changes in globally, there are unclear land tenure policy ,lack of participatory forest management approaches, lack of supporting sufficient budget and low participation of gender issues in the forest management. It was recommended to improve forest management that; encourage forest management through community control system, allocate sufficient budget for forest management, making awareness for the community about environmental changes and its effects, expand indigenous knowledge of community based forest management system and implementing forest protection laws for those who violates forest laws.
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    CONTRIBUTION OF HISTORICAL HERITAGES FOR IMAGE BUILDING: REVIEWING THE ETHIOPIAN EXPERIENCE
    (2020-06) Belete Sisay Tekie
    Tourism infrastructure is the basis of tourism development and utilization of existing destination resources. So, the main purpose of this study was to assess the “Contribution of Historical Heritages for Image Building: Reviewing the Ethiopian experience. The design of the study was descriptive and has employed qualitative research approaches. The data collection instruments were interview and document analysis. Interview was conducted with Ministry of Culture and Tourism, Ministry of Foreign Affairs, Heritage Study and Conservation Bureau, office of tourism Ethiopia, Ethiopian tour operator association and from various private tour operators by using purposive sampling technique. Thematic data analysis was used by linking interview results with document analysis. The finding of the study shows tourism industry in general, historical heritages in particular have crucial role for image building, branding, economic development and expansion of investment, poverty and unemployment reduction. Even though, tourism industry is the backbone for socio-economic development of the country, in Ethiopia tourism development is at infant stage. Utilization of historical heritages for image building, branding, image managements and for other socio-economic development is weak. The finding also shows the challenges that hinder to enhance image building, branding and image management via historical heritages. This includes internal and external challenges. Internally, there is lack of infrastructure such as transportation, internet, water supplication, electricity and lack of quality services like hotel, restaurants, entertainment services, bus, access to clean toilets, absence of peace and security and lack of awareness in the community. Externally, Ethiopia‟s image on the international scene is widely associated with draught, famine and war and the Horn of Africa seen as a region of instability and hub of terrorism. So, the finding recommends that the government must fulfill various infrastructures and quality services in the destination sites, stakeholders should develop the habits of working together and cooperation to foster tourism industry and Ethiopian government should realize the existence of peace and security in different parts of the region. In general, even if the country has many tangible heritages its performance of branding, image building and using it for economic development is found at low level.
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    CHALLENGES OF COMMUNITY PARTICIPATION ON LOCAL DEVELOPMENT: THE CASE OF TEMBARO WOREDA, KAMEBATA TEMBARO ZONE, SNNPRS, ETHIOPIA
    (2020-06) ATINKUT ABEBE
    The purpose of this study was to assess challenges of community participation in local development at selected kebele of Tembaro woreda. Descriptive research design was used. Qualitative and quantitative approaches of research were employed. Both primary and secondary source of data were used. Systematic and purposive sampling techniques were employed to select respondents. Data were collected by using survey questionnaire from 184 sample community respondents, interview conducted with selected government officials and kebele administrators, FGDs held with selected community representatives. A descriptive method was employed to analyze the collected data. The findings shows that challenges of appropriate awareness creation, absence of convincing community mobilizing approach, absence of all inclusive participatory approach, over reporting of few development success, weak institutional frame work, gender discrimination, illiteracy, low social cooperation and low personal income are some of major challenges that greatly hampered active community participation in development program that result on poor community involvement at grass root level. As result of low level of community participation, most of local development decisions were passed based on small unrepresentative interest group and local leaders interest and also several community based local development programs were failed to be implemented. Thus it is recommended that local government authority should strengthen its institutional capacity, enhance community awareness creation on community participation and its importance, develop convincing community mobilizing approach, develop culture of all inclusive participatory problem identification and decision making, and regularly aware community on social and cultural obstacles in order to enhance community participation on development program at grass root level. And also all community members should voluntarily work in collaboration with local government authority and others development actors to make local development program successful and sustainable.
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    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
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    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.
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    CHILD RULAR- URBAN MIGRATION: A CASE STUDY IN KUCHA WOREDA GOMO ZONE SNNPR ETHIOPIA
    (2020-06) ALEMU HUMBO
    Child rural-urban migration is tied with economic and non-economic factors. Thus, this study aimed to examine the demographic and socio-economic characteristics of migrants and migrant sending families; to identify the push and pull factors of migration and to assess the perceptions of migrant sending families towards child migration. A total of 178 participants in the study were selected by applying simple random sampling technique and purposively. In order to attain the proposed objectives instruments like questionnaire, key informants interview and FGDs were employed. To analyze the collected data both quantitative and qualitative methods were used. More specifically, quantitative data analyzed by using descriptive statistics with the help of the software Statistical Package for Social Sciences version 20 and Microsoft office Excel 2007 whereas the qualitative data analyzed by narration(discussion).That of study specifically aims to review cause and consequences of rural-urban migration in Ethiopia. Environmental backwardness in the study area that ,Shortage of infrastructure, Family size, lower agricultural productivity, inadequate social services, demographic pressure, land shortages in rural areas were identified as the major push factors of migration. Although “push” factors predominate, there are some significant “pull” factors that attract rural children to urban areas like extreme poverty, lack of youth employment opportunities, inaccessibility of infrastructures like road and general secondary school, shortage of land, large family size and missed information about jobs, its payments and life styles at destination found to be the major push factors for migration. On the other hand, presence of better job opportunities in informal sectors, an ambition of migrants to live a better life and the influence of preceding migrants for instance migrants wearing styles, hair styles, walking and talking styles, mobile phones, bags etc. to be identified as the major pull factors for migration. The study area found to be important for child rural-urban migration. Also the study reveals that about 164(51.25)percent of migrants were found between the age ranges of 16and 18 years and the rate of migration was high in both sexes and the proportion of male migrant‟s slightly higher than females and females migrated in their earlier ages than males. Moreover, the vast majority of migrants were single and literate. However the study was also revealed that the majority of participants in the study area have positive perceptions towards child-rural-urban migration because by the belief that migrants would get different opportunities at destinations.
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    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.
Academic and research outputs of the College of Law and Governance.