This paper examines the constitutional and legal derogations or limitations to which the enjoyment of Human Rights could be subjected, during a period of a State of Emergency in Ethiopia and explores Ethiopia's compatibility to International Human rights standards.
The scope of the Research is general and broad because of which it was not possible to identify and elaborate on each and every legislation and provisions that are inconsistent with constitutional and international human rights principles and propose recommendations. For example, regarding how courts, national human right institutions and etcetera are handling domestic application of international human rights instruments is not the scope here.
The research approach for this study was qualitative one. As a matter of the fact that the issue of human rights is subtle and the lack of adequate data system of the legal system, a multi-methodology approach was deployed. Data collection tools employed is a Document analysis, qualitative interview and Literature review.
The study concludes that the declaration of emergency and the resultant derogation of human rights has been the normal form of exercise of state of sovereignty in Ethiopia. In addition to the governing norms and principles the country use as a precondition to justify the need to take emergency measures and giving power to the concerned organ, a proper institutional and procedural mechanism of checking and necessary control against a possible abuse of emergency powers is vital.
Table of Contents
CHAPTER ONE
Introduction
Research Objectives
General objective
Specific Objective
Methodology
CHAPTER TWO
Review of relevant Literatures
CHAPTER THREE
Finding and Discussion
3.1. Constitutionality of state of emergency and Human Rights protection in the Ethiopian legal system
3.2. Legal analysis of the State of emergency in Ethiopia: a compatibility checks on Ethiopia’s International Human rights obligations
Conclusions
Research Objectives & Core Themes
The primary objective of this research is to provide a legal analysis of the Ethiopian constitutional and institutional framework governing states of emergency, evaluating its compliance with international human rights obligations to prevent the abuse of emergency powers and ensure the protection of fundamental freedoms.
- Legal framework of the Ethiopian constitution regarding states of emergency.
- Compatibility of national emergency regulations with international human rights standards.
- Mechanisms for domestic enforcement of international human rights treaties.
- Institutional and procedural safeguards against the abuse of emergency powers.
- The role of the judiciary and independent oversight in maintaining human rights during emergencies.
Excerpt from the Book
3.1. Constitutionality of state of emergency and Human Rights protection in the Ethiopian legal system
In this section the writer’s motive is to shed some light on how state of emergency is regulated in the Ethiopian constitutional and institutional set up in such a way as wisely as possible to the survival of the democratic constitutional order and safeguarding [both in the institutional and procedural aspects of it] fundamental freedom of citizens. I believe that the significance of political power and keeping the security of the state is an indisputable concept, but what matters most in this ultramodern age is the extent and manner of exercising that political power, which is at the epicenter of state’s raison d'être, to maintain the security and survival of the state during threat. Gebreabzgi underscores that “there is a natural tension between maintaining a stable political power, and freedom-security, and freedom- in which both are essential values for the society.” This section also attempts to touch up on the organs of government with whom the power to declare state of emergency resides, the requirements that need to be fulfilled for a valid declaration, and the protections against the abuse of emergency powers.
As we know, in the political history of Ethiopia, a document of 11 chapters and 106 articles, the FDRE constitution is the fourth written constitution. And the promise to ‘redress’ past and existing ‘injustices’ is vowed in the preamble, the very inception of the constitution next to the page of the proclamation/no.1/1995/. As far as human and democratic rights provisions are concerned, Yehenew opined “ nearly one third of the text of the constitution is devoted to fundamental Human Rights and freedoms. These are categorized as “Human Rights” and “Democratic Rights” and under article 13(2), “Rights and freedoms” are to be interpreted in conformity with the principles of the UDHR, the ICCPR and other international instruments ratified by the country.
Summary of Chapters
CHAPTER ONE: Provides an introduction to the concept of states of emergency and outlines the research objectives and methodology regarding the examination of Ethiopia's human rights obligations.
CHAPTER TWO: Reviews the literature concerning how states incorporate international human rights instruments into their domestic legal systems, focusing on the Ethiopian context.
CHAPTER THREE: Presents the findings and discussion, analyzing the constitutionality of emergency regimes and conducting a legal compatibility check with international human rights standards.
Conclusions: Summarizes the study's findings on the need for clearer legal procedures and effective institutional mechanisms to prevent human rights violations during states of emergency.
Keywords
Ethiopia, State of Emergency, Human Rights, International Obligations, Constitutional Law, Derogation, Rule of Law, Sovereignty, Legislative Framework, Institutional Oversight, ICCPR, ACHPR, Public Security, Judicial Review, Fundamental Freedoms
Frequently Asked Questions
What is the primary focus of this research paper?
The paper examines how states of emergency are declared and managed within the Ethiopian legal system and evaluates whether these practices align with international human rights standards.
What are the central thematic areas of the study?
The study centers on the constitutionality of emergency declarations, the methods of incorporating international human rights treaties into domestic law, and the effectiveness of institutional safeguards against the abuse of power.
What is the main objective of the author?
The main objective is to provide a legal analysis that determines if Ethiopia's constitutional setup for handling states of emergency adequately respects the non-derogable rights and freedoms of its citizens.
Which research methodology was employed?
The author used a qualitative multi-methodology approach, which included document analysis, qualitative interviews with relevant officials, and a comprehensive literature review.
What does the main body of the work address?
The main body analyzes the legal regime of the Ethiopian constitution, the balance between state security and human rights, and the specific gaps in procedural protections for individuals during emergency periods.
Which keywords define this research?
Key terms include Ethiopia, State of Emergency, Human Rights, International Obligations, Constitutional Law, and Judicial Review.
How does the Ethiopian Constitution handle international human rights treaties?
The paper argues that Ethiopia's stance is often ambiguous, being dualist in procedure but monist in substance, leading to challenges in the direct enforcement of international human rights standards.
What conclusion does the author reach regarding emergency powers?
The author concludes that while states need the power to address existential threats, there is a critical lack of robust institutional and procedural mechanisms in Ethiopia to prevent the abuse of these powers during emergencies.
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- Bekalu Wachiso (Autor:in), 2020, The State of Emergency in Ethiopia. Compatibility to International Human Rights Obligations, München, GRIN Verlag, https://www.grin.com/document/514590
