5 research outputs found

    The Challenges to the Protection of Women Against Domestic Violence in Jimma Zone, Oromia Regional State, Ethiopia

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    Domestic violence against women is one of the scourge and pervasive violence directed against women by their; current or former husband, current or former boyfriends and other friends who has sexual relation with the women. It has numerous and devastating physical and psychological consequences for the victim. Victims of domestic violence experience both short-term and long-lasting health outcomes including death, grave physical injury, reproductive health, unwanted pregnancy, sexually transmitted diseases, depression and suicidal behavior. However, despite of its devastating consequence, its prevalence is very high and the problems are socially condoned in Ethiopia and specifically in Jimma zone. This clearly indicates that the protection of women against domestic violence in the Jimma zone has been not succeeded which manifests the existence of challenges and obstacles. Hence, the aim of this article is to identify the challenges to the protection of women against domestic violence. To this end, the Ethiopian policy and laws regarding domestic violence are analyzed, the practical commitments of law enforcement authority of Jimma zone and socio-cultural and religious of Jimma zone community are evaluated in lights of the rights to women against domestic violence. Accordingly, the research identifies different challenges to the protection of women against domestic violence in Jimma zone which includes; legal gap, practical challenges, socio-cultural, socio-economic and religious challenges dominantly. Therefore, unless, take action upon the identified challenges, the women’s human rights will continuously to be violated. Hence, lastly to this end, the researcher arrived at the set of recommendations. Keywords: Domestic violence against women, the challenges, Laws and policy, Ethiopia, Jimma Zone, Law enforcement authority, socio-cultural, legal instruments. DOI: 10.7176/JAAS/55-04 Publication date:May 31st 201

    The Problems of Legal Gap to the Protection of Women Against Domestic Violence in Ethiopia

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    Domestic violence is the most common form of violence experienced by women around the world which is directed by their intimate partner and other family members, and manifested through; physical, sexual, psychological and economic abuse. Domestic violence against women exists in countries with varying social, political, economic, and cultural structures, and its pervasiveness signifies that the problem does not originate with the pathology of an individual person. In Ethiopia, domestic violence is very prevalent throughout the country. However, building strong legal frame work is a cornerstone for the protection of women’s rights against any sexual based discrimination and violence. Accordingly, targeting at providing better protection to the rights of women, Ethiopia has attempted to undertaken significant ‘gender-sensitive’ legislative reforms after the down fall of military junta. Foremost among these laws; the 1995 FDRE constitution, the 2003 Revised Family Law[1] and the 2005 Revised Criminal Code[2] are indicative.  However, regarding the scope of coverage of laws dealing with VAW, the Ethiopian legal framework cascades dump of the internationally accepted standards. Different forms of violence against women have not be criminalized in the way of understanding the complexity nature of the violence though international standards require States to ensure that forms of violence against women are included in criminal law as criminal acts. DOI: 10.7176/JCSD/56-01 Publication date: February 29th 2020 [1] The Revised Family Code of Ethiopia, Proclamation No. 213/2000 [2] Criminal Code of the Federal Republic of Ethiopia, proclamation no. 414/200

    The Gaps and Lessons of Ethiopian Share Company Governance in Light of International Company Model Laws

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    The proper governance of companies will become as crucial to the world economy as the proper governance of countries. It is the interaction between various participants (Shareholder, Board of Director and Company Management) in shaping corporation’s performance and the way it is proceeding towards. Besides, it is the system by which companies are directed and controlled. Thus, corporate governance requires a legal and regulatory framework which is strong in order to attract investors to invest their capital in a company or organization. This development of corporation makes the requirement of good corporate governance inevitable in the modern corporate business. Coming to the corporate governance under Ethiopian commercial code, the law recognizes board of directors, shareholders meeting and auditors as the three principal organs of management. However, the law is criticized for its inadequacy of ensuring the interests and rights of shareholders (for instance, it does not adequately address the issues of basic ownership rights and there is also a fusion of power on single individual which opens the way to abuse the assets of a share company to the detriment of the shareholders), and other stakeholders to cope with the need of the prevailing corporate issues in the country. Accordingly, as to there is an increasing in number of share companies and their potential contribution to the economy of Ethiopia, such development will be sustainable only when it is supported by adequate legal and sound corporate governance. It will be shown that Ethiopia’s corporate governance rules should be updated in order to increase the growth of companies and protect the interests of stakeholders. When a country revises its laws, it is an inevitable to look at laws and policies of advanced economies. In this regard the thesis critically analysis the Ethiopian share company governance with the OECD principles of corporate governance and EMCA general principles. Keywords: Corporate Governance, Share Companies, Organs of Governance, OECD, EMCA and Basic Ownership Rights of Shareholders. DOI: 10.7176/JAAS/71-03 Publication date: April 30th 202

    Challenges to the Ethiopian Human Right Commission in Promoting and Protecting Human Rights

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    In Ethiopia, Human right commission is one of the NHRI which is voted by the Parliament through Proclamation No 210/2000 and was established in July 2000 as amended by procl. No 1224/2020 with the mandate of  promoting,  protecting and enforcing the human and democratic rights of citizens and peoples of Ethiopia as enshrined in the Constitution and other laws of the land, as well as the international human rights conventions and instruments adopted by Ethiopia, and ensure that citizens and peoples can claim these rights. It has great mandate of promoting and protecting human rights recognized by National constitution, Laws, International human rights instruments and Regional Human right instruments.However, different Ethiopian scholars and human right organizations argue that, Ethiopian Human Right is challenged to protect and promote Human rights due to different reason. The government has been severely criticized by the political opposition located inside and abroad, and by international human rights, in particular, the Ethiopian Human Rights Council (EHRCO), Amnesty International, UN Human rights commission and organs of private press.The reality practically seen in the country is also that, Ethiopian Human Right commission has not discharging its responsibility as aimed because of different challenges.  So, in this Article, different criticism brought against EHRC and the challenges to Ethiopian Human Rights commission will be assessed. Keywords: Human rights, Commission, Ethiopia, Promoting, Protecting, Government DOI: 10.7176/JLPG/139-01 Publication date: January 31st 202

    The African Allegations towards Ignorance of International Criminal Court: Does International Criminal Court unfairly focusing on Africa?

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    Though, African continent has the highest number of state parties to the Rome Statute, recently several criticisms and allegations have been leveled against ICC interventions in Africa. AU and African higher official apparently call for non-cooperation of ICC. They believed that, ICC is unfairly targeting Africa and Africans, and it is a neo-colonial plaything and that Africa has been a place to experiment with their ideas. Such allegation begs question that is really the ICC unfairly focusing Africa and Africans? Therefore, it needs evaluating these accusations by considering the whole process and function of ICC. Accordingly, when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand the composition of the court by itself is Africans. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. It was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National judicial systems have failed and fight against impunity all over the world
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