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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Item 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 HUSEINThe 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.Item PROSCRIPTION OF GROUPS OR ORGANIZATIONS AS A TERRORIST UNDER ETHIOPIAN TERRORISM LAW; A COMPARATIVE LEGAL STUDY(2023-11) CHEMIR WOLLDE KERGAThe 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.Item THE NEED TO INTRODUCE VIRTUAL CURRENCYIN ETHIOPIA: DRAWING LESSONS FROM SOME JURISDICTIONS(Hawassa Universityth, 2024-03) KAMIL NASSIR MOHAMMEDThough physical cash is still widely circulating, Virtual currencies are under more scrutiny than ever as those governments, global corporations, and banks that make decisions begin to take them seriously as a solution for the future. The role of financial intermediaries such as banks in guaranteeing the value of the currency is not needed in cryptocurrency transactions. Due to convenience to account Cryptocurrencies & transact it or otherwise, the popularity of Cryptocurrency is rising day to day in Ethiopia. Ethiopian government, however, warn against the use of Virtual currencies. Because of Virtual Currencies anonymous nature the ban will not be achieved. In addition banning is the cutting of innovation. Virtual Currencies has a number of advantages with their own risks too. The natures and the scope of applications of Virtual Currencies raise important legal compliance issues.To these issues traditional fait money regulations are not always compatible to Virtual currencies. This research tries to address the need of introducing Virtual Currencies, by showing prospects and challenges of introducing Virtual Currencies, in Ethiopia. To address the issue the study has employed doctrinal research to pin point and analyze risks and opportunities of introducing Virtual Currencies and to address the Laws in Ethiopia in ways of introducing Virtual currencies, by analyzing lessons of some jurisdictions. Though it has few risks, introducing Virtual currency is beneficial to the country in collecting tax, protecting the rights of the public, promoting innovation and to adopt central bank digital currency. Therefore, the government should modify or enact new laws and policies in the country to address the growth and effects of using Virtual Currencies, andto introducing Virtual Currencies in Ethiopia.Item THE LEGAL FRAME WORK OF INTEREST FREE MICROFINANCE INSTITUTIONS IN ETHIOPIA: A COMPARLATIVE STUDY(Hawassa University, 2025-11-04) ABDULSEMED BEDEWI NURIThis study endeavors to examine the legal regulations governing interest-free microfinance institutions in Ethiopia with comparisons of Sudan, Egypt, and Malaysia. The research method employed is comparative doctrinal legal research design, which involves scrutinizing secondary data sources such as black and white documents. The qualitative data was analyzed using content analytical techniques that were consistent with the study's objectives. The findings of this study revealed that Ethiopia's legal framework for interest-free microfinance institutions has significant gaps and differences when compared to Egypt, Sudan, and Malaysia. These differences include the specificity of regulations, variations in regulatory oversight and licensing requirements, and the legal basis for interest-free microfinance. Malaysia stands outwith its dedicated legal framework for Islamic finance principles. Addressing these gaps wouldinvolve considering broader legal frameworks, enhancing regulatory oversight, and aligning with international standards. By doing this, Ethiopia can strengthen its legal framework for interestfree microfinance institutions, promoting access to financial services and local economic growth. Therefore, the legislative structure of interest-free microfinance institutions in Ethiopia exhibits gaps and weaknesses when compared to Sudan, Egypt, and Malaysia. These gaps include the lack of specificity in regulations, variations in regulatory oversight effectiveness and capacity, differences in licensing requirements, and a narrower legal basis. These gaps can pose challenges for interest-free microfinance institutions in terms of compliance, clarity, supervision, and consumer protection. To address these weaknesses, Ethiopia should consider enhancing regulatory capacity, aligning with international standards, promoting collaboration, and expanding the scope of the legal framework. Furthermore, Ethiopia can establish a more robust and effective legal framework that promotes the development and growth and of interest-free micro - finance institutions, thereby contributing to financial inclusion and long-term economic progress. Furthermore; it's suggested that National Bank of Ethiopia revise its means of supervising/regulating operations related to free- interest-based micro-financing optimizing outreach effectiveness hence promoting successful establishment/development thereof.