College of Law and Governance

Permanent URI for this communityhttps://etd.hu.edu.et/handle/123456789/161

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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Start date: 2023End date: 2023

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Now showing 1 - 10 of 14
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    RURAL LAND DISPUTE RESOLUTION IN SECOND LEVEL LAND CERTIFICATION IN SNNPRS: CASE STUDIES
    (2023-10) MELAKU ALEYA
    First and foremost, I want to give praise and thanks to the All-Powerful God for allowing me the stamina to begin and finish my study. I would also like to express my gratitude to Hawassa University's faculty of governance and law for offering this opportunity. My sincere gratitude and appreciation is extended to my advisor, Addiswork Tilahun (PhD), for her unending support and unwavering dedication as well as for providing me with invaluable intellectual and academic guidance. She continuously encouraged me, provided care and critical feedback, supported my heartily supervision, and made encouraging comments from the beginning of the proposal to the conclusion of this thesis in its current form. I am therefore eternally grateful to her for her unwavering support. My sincere gratitude also goes to Dr. Danieal Behailu for his priceless, insightful, constructive criticism and comments throughout the proposal presentation. In addition, I'd like to extend my sincere gratitude to the Gurage Zone Butajera Area High Court for giving me this opportunity and for providing the funding and materials I needed to complete this thesis. I just want to express my gratitude to you, my friends and coworkers, for your financial and moral support. I also want to express my sincere gratitude to Gurage Zone, Meskan Woreda, South Sodo Woreda, interview subjects, and SNNPRS pertinent bureaus for supplying me with all the information and data I required. Last but not least, I would like to express my sincere gratitude to my beloved wife Kidest Demisa and my lovely mother, Mrs. Karya Mohammed, for their unending support and fulfillment of all obligations. I would also like to thank my lovely children, Nataniyme, Ruhama, and Yadonays Melaku, for their all- encompassing assistance and concern for my side of each journey in relation to God.
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    TRIAL BY MEDIA THROUGH PREJUDICIAL REPORTING AND ITS IMPACT ON THE ADMINISTRATION OF CRIMINAL JUSTICE AND FAIR TRIAL RIGHTS OF THE ACCUSED
    (2023-10) FUAD ABDUREHIM HUSEIN
    The current era sees a transformation in news publication due to extensive TV, and cable use. This, under the guise of freedom of expression, could prejudice suspects, accused, witnesses, and judges. Consequently, this could impact the administration of justice. This thesis aims to explore the driving forces necessitating a criminal justice administration capable of safeguarding fair trial rights against ‘trial by media’. The concept can be traced back to discussions balancing freedom of speech and expression, as asserted by the media, and the right to a fair trial, as upheld by the judiciary. The study employs a qualitative research approach featuring both doctrinal and non-doctrinal aspects. It examines the Ethiopian criminal justice system’s legal framework, documentary films, press statement analyses, and interviews with legal professionals from the former Southern Nation Nationalities and Peoples Regional State (SNNPRS), Hawassa City High Court. The findings show that the Ethiopian Constitution does not limit freedom of expression and press to administer justice or protect fair trial rights. Moreover, ‘trial by media’ publications are not addressed in the Ethiopian criminal justice system. The Criminal Code of Ethiopia’s contempt of court law is ineffective in mitigating media trials’ impact. Media proclamations lack significant protections for an accused fair trial rights against media trials. Case studies on press statements released by then attorney generals, an analysis of the documentary film entitled Minabawi (illusion), and interviews with legal professionals indicate that trial by media is practiced in the Ethiopian criminal justice system. The researcher concludes, despite existing legal frameworks addressing some issues related to trial by media, the legal frameworks are not resembles adequate and effective in guaranteeing judicial proceedings and fair trial rights of the accused against the influence of trial by media. Therefore, prejudicial reporting by media trials is practiced. Given the legal and practical problems associated with this issue, this thesis proposes potential recommendations, through legislative adjustments and practices.
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    CAUSE OF DELAY IN CRIME INVESTIGATION AND THEIR IMPLICATION ON THE ENFORCEMENT OF THE RIGHT TO SPEEDY TRIAL OF SUSPECT: THE CASE OF BURAYU TOWN, OROMIA NATIONAL REGIONAL STATE
    (2023-10) FIKIRU SHIBIRU TEREFE
    The right to a speedy trial is fundamental constitutional right and the extension of crime investigation beyond a reasonable duration, undermines this principle and adversely impact this right of the accused. While it is unrealistic to expect an overnight resolution of every crime investigation, challenges arise when the actual duration of an investigation far surpasses its expected timeframe. This is when researchers label it as a delay in crime investigation. Accordingly, this research aims to identify the cause of delay in crime investigation and their implication on the enforcement of the right to speedy trial of suspect focusing in Burayu Town. It also seeks to discuss the importance of upholding the constitutional rights of suspects to fair and effective investigations in ensuring the enforcement of the right to a speedy trial. In doing so the case study research design and qualitative research methodology were employed and examines the perspectives of investigative officers, suspect, prosecutor and judges, through interviews and questionnaires to gain a comprehensive understanding of the issue. The findings of the study identified various cause of delay in crime investigation at Burayu town and compromising the enforcement of the suspect's right to a speedy trial. Firstly, the study revealed that personal problems of actors involved in the investigation process, along with institutional and legal factors, played a significant role in causing delays of crime investigation. The finding of the study also revealed the role of promotion of timely evidence gathering, strengthening the defence‟s position, preservation of evidence integrity, investigative officer credibility and public confidence as the importance of upholding the constitutional right of suspect to fair and effective investigation in ensuring the enforcement of the right to speedy trial and underscore the negative implication of investigative delay on the enforcement of right to speedy trial of suspect. Based on the findings, the research recommends some policy interventions to the concerned body to address the identified challenges. By shedding light on the causes of delay in crime investigations and its implication on the right to a speedy trial, this research contributes to the on-going discourse on criminal justice reform and underscores the importance of addressing these issues to uphold the fundamental rights of suspects and promote fair and efficient legal process.
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    PROSCRIPTION OF GROUPS OR ORGANIZATIONS AS A TERRORIST UNDER ETHIOPIAN TERRORISM LAW; A COMPARATIVE LEGAL STUDY
    (2023-11) CHEMIR WOLLDE KERGA
    The Ethiopian government has implemented a comprehensive legal framework to combat terrorism, including provisions for proscription of organizations or groups as terrorist entities which involves designating it as a terrorist organization, thereby making its activities illegal and subject to criminal penalties. This comparative legal study examined the proscription of organizations as terrorists under the Ethiopian terrorism law through comparative analysis. Comparative jurisdictions may differ in the extent to which they provide procedural fairness, judicial review, or mechanisms for organizations to challenge their designation as terrorists. Additionally, the analysis explores the implications of proscribing organizations as terrorists on freedom of association and freedom of expression. Accordingly, laws of U.S., Australia, and Nigeria are considered for comparison. Selection of these nations as a sample is because of universal nature of terrorism crime and as member states to UN, they reached an agreement to combat it. Additionally, they enacted laws on proscription of organizations as a terrorist and practiced it. To achieve the intended objectives the thesis employed qualitative method as an approach. After the collected primary and secondary data analysis, the study found that the Ethiopian proscription of organization as a terrorist law seeks amendment in terms of providing clear grounds to proscribe, the procedural safeguards of the organization proscribing, accountability and transparency of the proscribing body and guarantying of human rights of individual associated with the organizations.
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    Challenges and Opportunities of Farmland Ownership Registration and Certification in Kokosa Woreda, West Arsi Zone
    (HAWASSA UNIVERSITY, 2023-11) Hamed Renki Kosora
    Farmland registration and certification are the current issues, and the government has implemented massive measures to guarantee landowner safety at different levels. This study is intended to assess the opportunities and challenges of farmland ownership registration and certification practices in Kokosa Woreda, Oromia region. A mixed research approach with a cross-sectional survey was used for this study. Simple random sampling was used to select both analysis Kebeles and sample household heads. Primary data were collected from respondents through a questionnaire, a semi-structured interview, and a focused group discussion, whereas secondary data were collected from different published and unpublished materials. Quantitative and qualitative data were analyzed using descriptive statistics such as mean percentage and thematically displayed using figures and tables. The study reveals that farmers in Kokosa Woreda have a good level of awareness about farmland registration and certification. However, it is crucial to note that land registration and certification are ongoing processes that require continuous efforts to ensure secure land rights. Similarly, the study shows that land registration and certification help to secure land rights, reduce conflicts, and access financial opportunities. Besides, this indicated that land registration and certification protect female landholder rights, reduce conflicting claims, and provide an official and transparent framework for land transactions. Also, it is shown that women gain legal proof of their rights, which can help overcome discriminatory practices, enhance bargaining power, and improve household food security, livelihoods, and overall well-being. Technical challenges, such as inadequate infrastructure, limited technical capacity, inadequate data management systems, corruption, and a lack of political will, discourage the smooth process of land registration and certification in Kokosa Woreda. This study concludes that Kokosa Woreda farmers know about farmland registration and certification, which secures land rights, reduces conflicts, and provides financial opportunities, particularly for female landholders. Therefore, it is recommended that Woreda land administration officials address these challenges and utilize modern technology to improve the land registration and certification process.
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    WITNESS PROTECTION UNDER ETHIOPIAN LAW: JURISPRUDENCE, CONSTITUTIONALITY AND THE RIGHT TO CONFRONTATION
    (2023-11) BERHANU DEMISSIE FEYISSA
    The general objective of this thesis is seeks to address the rubbing between protecting the wellbeing of witnesses and protecting of accused right to confrontation in Ethiopia criminal justice system. Analysing the existing law of witness protection and the practice were the main theme of this study. The study covers relevant Ethiopian laws and jurisprudence practices in criminal proceedings and also reviews literatures; international covenants and jurisprudence and world classic jurisdiction are highlighting. The author‟s attempt to highlight the necessity and justification of effective witness protection measures, through enactment of a comprehensive law and independent institution on criminal justice dispensation. To this end, under umbrella of qualitative methodology both doctrinal and non- doctrinal legal research approaches have been employed. Both secondary and primary data were collected. Laws and jurisprudence practices via semi-structured interviews were done with 12 federal justice respondents as a primary source. To that end, thesis finding out the loopholes in the existing laws and huge practical gaps between the law and practices of Ethiopia on witness protection and respecting interests of the right to confrontation. It also rejects on why witness protection measures are important for effective functioning of criminal justice system. To that end, the research also found out Ethiopian criminal justice system has not been legitimate limitation grounds with standards of balancing mechanism anonymity witness protection and accused right to confrontation. Regarding the witness protection in Ethiopia, progress is achieved in improving legislation and establishing special program for implementation of witness protection, but still remain many challenges that Ethiopia justice institutions face such as international cooperation and national coordination between justice machineries. Based on these challenges, the researcher recommends for enacting comprehensive and amending of the existing laws on clear legal, procedural and institutional challenges for effective criminal justice system.
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    ASSESSING THE LEGAL AND REGULATORY FRAMEWORKS FOR MORTGAGE BANKS IN ETHIOPIA
    (2023-11) RASHIDA AMAN JERSO
    The development of mortgage banking legal and regulatory frameworks can determine the efficiency and sustainability of the housing finance system. A well-functioning mortgage market will primarily increase funding for housing at competitive cost and pricing to consumers of housing there by enabling more people to afford decent housing. The lack of mortgage banking legal and regulatory frameworks and integrating them with other conventional banks governing regimes is causing doubt and undermining the recently revived mortgage industry in Ethiopia. Hence, the basic objective of the study is to assess mortgage banking legal and regulatory frameworks in Ethiopia. The qualitative method of the study has been used to address the research questions effectively and efficiently, and the research has been supported by the notion of public interest theory. In conducting the study, general principles pertaining to effective legal and regulatory frameworks for mortgage banks and the experiences of some of the purposefully selected countries based on their successes and relevance to Ethiopia have been used. Finally, the study found that the outdated and one-sized legal and regulatory frameworks for all banks in the Ethiopian universal banking model have influenced the development of mortgage banks in Ethiopia. The study recommends that lawmakers should enact a comprehensive law and set up an organized regulatory framework for mortgage banks so as to adequately regulate and harmonize the housing finance system in the country.
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    PRACTICE AND CHALLENGES OF INDIGENOUS CONFLICT RESOLUTION MECHANISMS IN DAMOT WOYDE WOREDA, WOLAITA ZONE, SNNPR, ETHIOPIA.
    (2023-10) MILKIAS KATARO
    Conflict exists at all levels and may arise due to the desire for political, economic and social advantages, greed, ego-related problems, injustice, inequitable distribution of resources and plain mischief. Conflict is a normal, inescapable part of life, which can occur in any relationship at any time, and it gives opportunity and it allows one to understand opposing preferences and values. This study is designed to assess the practice and challenges of indigenous conflict resolution mechanisms in Damot woyde woreda, wolaita zone in the SNNPR State of Ethiopia. The study has been carried out by focusing on; the current practice of indigenous conflict resolution method, the specific roles of indigenous conflict resolution method in promoting peace and Stability, indigenous conflict resolution mechanism applied in the study area and finally, the challenges for the effective practice of indigenous conflict resolution mechanism. The sample size of this study was twenty-six people selected through the purposive sampling. Data were collected through interviews, focus group discussions, observations and presented using narrative description. The finding of the study revealed that traditional conflict resolution mechanisms have a very significant role. The results further indicate that the relevant conflicts occurring in the study area are inheritance, land and resources particularly farm plots as manifested in the trace passing and border and marriage related issues. The study further explored the advantages of indigenous conflict resolution systems and practices to peace and stability. Indigenous method of conflict resolution system helped the households who used it, to save their money and time compared to formal court system. Based on the findings of the study there are different challenges ICR mechanism currently faces. Such as; lack of government support and the process of selecting elders for training is filed by corrupt practices. Lack of office for local elders is another challenge for these elders to perform their activity. Finally based on the study findings and conclusion drawn, necessary and relevant recommendations were forwarded by the researcher to the concerned body, especially to overcome the challenges of ICR mechanism .
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    Africa Union Peace Support Operation: Challenges and Prospects. In case of Darfur Crisis.
    (2023-04) Bekalu Asmare
    This study aims at assessing the effectiveness, challenges and prospects of Africa Union Peace Support operation specifically Peace and Security Council since 2004-2022. To reach its objective the study employed qualitative research approaches with purposive sampling technique, data have been collected both from primary and secondary sources. The researcher conducted FGD with selected officials of Five AU PSC and Five from ISS. And also the researcher had interview with three key informants from AUPSC and Two security analysts and researcher of ISS at Addis Ababa. Semi structured interview were conducted with officials and experts from Africa Union. The study identified as the biggest organization called AU played a pivotal role in the peace making, peace keeping and peace establishment in the continent as much as it can. For instance, the effort of Africa Union in Darfur crisis in resolving civil war earlier and its role on the formation of newly independent state called South Sudan, its role in AMIS, AMISOM, Libya crisis and peace dealing between TPLF and FDRE was unforgettable. However, AU is not effective in achieving its objective that are clearly stated on its Constitutive Act because of different internal and external challenges such as unwanted external intervention, lack of coordination among member states, lack of willingness of member states to pay their annual monetary contribution to the Organization, overdependence on foreign aid, exclusive approach and broadness of objectives of the organization as major challenges and the establishment of free trade area, expansions of agricultural industry, integrated systems of transportation and advancement of technology in Africa as prospects of Africa Union.In order to overcome the graved challenges, the researcher sighted the following recommendation as follows: AU shall empower nations economically and encourage member states to actively engage in the victimized part of continent, AU shall follow inclusive approach and invite domestic scholars.
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    THE ROLE OF INDIGENOUS CONFLICT RESOLUTION MECHANISMS IN RESOLVING LAND-BASED CONFLICT IN DALLE WOREDA SIDAMA REGIONAL STATE
    (Hawassa University, 2023-10) ADINEW ZEEKE
    The purpose of this study was to investigate the role of indigenous conflict resolution mechanisms in resolving land-based conflict in the case of Dalle woreda. The study used a mixed-methods approach, which involved both quantitative and qualitative data collection and analysis methods. The sample size consisted of 168 households from three kebeles in Dalle woreda, such as Wicho, Hida Kalite, and Della. The data collection methods included surveys, interviews, and focus group discussions. The survey's questionnaire was created to collect data on household perceptions of conflict resolution experiences and perspectives of indigenous conflict resolution mechanisms for resolving land-related conflict. The study used descriptive statistics and thematic analysis to analyze quantitative data on indigenous methods and experiences in modern courts. The research's findings show that the study area's stable social relationships and ability to preserve peace and stability depend heavily on the effectiveness of indigenous conflict resolution mechanisms. Land-based conflicts in Dalle Woreda arise from boundary competition, ambiguous tenure systems, inheritance disputes, large-scale land acquisitions, political instability, resource competition, displacement, and government investment programs. Indigenous dispute resolution methods include mediation, arbitration, customary law, and community discussion. Indigenous conflict resolution is a multifaceted field that combines traditional and modern methods, like Halaale, Affini, Amaale, and Sicho, which are intimately related to resolving land-based conflict, focusing on sustainable development, social cohesion, and preserving indigenous practices within communities. The study recommends that by recognizing and integrating these mechanisms into the formal justice system, fostering collaboration, raising awareness, and conducting regular monitoring and evaluation, sustainable resolutions can be achieved while preserving cultural heritage and promoting social justice.
Academic and research outputs of the College of Law and Governance.