Bulcha, Milkiyas (2015) Reconciling Human Rights and Evictions for Public Purposes in Ethiopia: Appraisal of the Laws and Practices with Focus on Some Selected Sites in Addis Ababa City. Masters thesis, Addis Ababa University.
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Abstract
The objective of this research is to investigate whether evictions for public purposes in Ethiopia has been reconciled with human rights laws or not. Ethiopia’s eviction laws and practice, focusing on three eviction sites in Addis Ababa has been analyzed. The researcher used qualitative in approach and combination of doctrinal and socio-legal research in type. Desk reviews of primary documentary and secondary sources, interviews, personal observation and FGDs with government officials, victim evictees were employed to collect data from participants. Comparative and thematic analyses were used to diagnose the Ethiopian eviction legal regime and practices against the standards set forth under international human rights laws. The research has revealed that although FDRE Constitution and other legislations guaranteed the right not to be evicted, the laws and practice are inconsistent with the standards set forth by international human rights instruments. First, only the government authorities determine public purposes which lead to evictions using top-down approaches without any consultation with the victims. Against the eviction order and administrative tribunal decisions, victims have no right to recourse remedy from regular courts which is dare to fair trial right. Second, since laws do not recognize the right not to be evicted as rights of everyone, private tenants and informal settles are subjected to arbitrary evictions and public tenants have been deprived alternative accommodations. Evictees able to prove ownership right to home or land use rights are entitled compensations without guarantee of sustainable right to livelihood. Third, the laws and practice do not consider competing human rights while designing and enforcing evictions for public purposes. This leads the processes and outcomes of evictions unfriendly to human rights which in turn have placed the life of evictees’ to deplorable conditions. The rights to livelihood, food, life, adequate housing, freedom of choices of residence, right to privacy and security of person have been adversely affected. Fourth, both practice and the eviction legal regimes have not been acquainted with the disproportionate impacts of eviction on vulnerable group of the societies including aged persons, women, and children. To reconcile human rights and eviction for public purposes, the research recommends the government to amend or repeal all the laws inconsistent with human rights and to adopt human rights friendly eviction laws. The study urges policy makers and concerned authorities to envisage competing human rights using legality, legitimate aim and proportionality tests, to follow human rights based-approaches, to conduct human rights impact assessment before, during and after evictions, to rehabilitate the livelihood of evictees and to make available the fair trial guarantees.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | eviction, public purpose, human rights, livelihood |
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 18 Jun 2018 14:02 |
| Last Modified: | 18 Jun 2018 14:02 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4493 |
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