Belayneh, Mekdem (2008) Litigating Human Rights Issues Using International Instruments before Ethiopian Courts. Masters thesis, Addis Ababa University.
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Abstract
A democratic government with limited power is essenti al to the creation of an atmosphere conducive for the effective enforcement of human rights laws including international instruments. One essent ial element ofa limited government is the division of powers both vertica lly and horizonta ll y. The fa ilure to ad here to the principle of distribution of authority is the very definiti on of tyran ny. This research is attempting to find out if the all ocation of authority found in the FDRE Constitution and the actual practice on the ground provide an atmosphere conducive for the effective enforcement of human ri ghts in general and international human rights instruments in particular. To answer this question, this research will explore: • the implication of the current trend of centralization on human ri ghts enforcement in general and • the negative impact of centralization on the enforcement of international human rights instruments. This research is qua li tative, drawing mostly from a review of the literature to analyze critically the effect orth<=: ~onstituti on a l distribution of powers and the reality on the ground in the enforcement of intern at ional human rights instruments in the country. The literature review also helps to uncover common challenges faced in th e enforcement of treaties in many countries and discern which of them has part icular relevance to the Ethiop ian context. To complete the research questionnaires are distributed and case reviews are conducted. The findings of the research lead to the conclus ion that there is a growing trend of centrali zation in the Federal Democrat ic Republic of Ethiopia. As a resu lt, vertically power is still concentrated at the centre and there is no significant separation of powers horizontally as well. As long as the centrali zing trend, both vertically and horizontally, continues, the likelihood of the government to vio late fundamental ri ghts will in crease, as it is the typical inclination of all authoritarian governments. In case of violations, the people are less inclined to go to the courts, as it is most likely that they do not perceive them immune from the pressures of the two branches of government. Even if they decide to go, the courts are less likely to provide justice, as they are not fully capab le and truly independent. Therefore, it is not only high time to end the centra lized ru le; but such a move will also be indispensable to endorse the protection and promotion of fundamental ri ghts in general. More parti cul arl y, bringi ng this centrali zation trend to a halt will surely reduce, and in time avo id, ex isting challenges in th e enforcement of international human rights instruments before domestic courts.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 21 Jun 2019 11:08 |
| Last Modified: | 21 Jun 2019 11:08 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9319 |
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