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Oromia Law Journal
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This is an Open Access Journal

Open Access journal
ISSN (Print) 2304-8239
Published by African Journals Online

[263 journals]

Reforming the Ethiopian electoral system: looking for the best alternative
- Authors: Gebremeskel Hailu Tesfay
  Abstract: Electoral systems are set of rules and procedures which determine how voters cast their votes and how the votes are converted into representative seats.1 Beyond this, each electoral system has its own impact on how the political system functions. From this perspective, the author has tested the discontents of the Ethiopian electoral system, the first-past-the-post (FPTP) taking the election data of 2005, 2010 and 2015. The research finding showed that the FPTP electoral system is ill devised to the Ethiopian current needs and realities.2 In view of such discontents, there should be a genuine concern of reforming the Ethiopian electoral system. The question remains, however, which electoral system best suits the Ethiopian situation from the bulk of alternatives' In choosing the best alternative electoral system, first, a list of criteria are set which sum up what we want to achieve and what we want to avoid or in a broader sense what we want our political system to look like. The possible alternative electoral systems are evaluated against the specific criteria designed. Finally, the evaluation revealed decisively that the mixed electoral system with compensatory seats which maintains the strong attributes of FPTP and PR electoral systems while avoiding at the same time their negative sides is found to be the best to the Ethiopian multicultural federation. This system which combines FPTP and PR systems would produce proportional results, encourage inter-party conciliation, reduce the number of ignored votes, enable geographic representation, ensure fair results for all political parties and the voters behind them, and above all creates cohesive government than the PR system would do alone.Keywords: electoral system, the FPTP, the mixed electoral system, proportional electoral system, and Ethiopia
  PubDate: 2017-07-11
  Issue No: Vol. 6, No. 1 (2017)
Daldala seeraa alaa to’achuu: rakkoowwan seeraa fi hojimaata qaamolee
haqaa naannoo oromiyaa keessatti mul’atan
- Authors: Habtaamuu Bultii, Abdusalaam Aabbee
  Abstract: Illicit trade adversely affects socio-economy of a nation. Particularly, it shrinks government revenue, distorts market, collapses local industries, and endangers health, safety and security. Ethiopia is one of the nations that are challenged by illicit trade for which it has devised controlling mechanisms such as enacting appropriate laws and establishing law enforcement agencies. Justice sectors (the judiciary, the prosecutors, and the police) are the chief law enforcement agencies that interpret the laws, render decisions, and enforce the same. They are principally empowered to seize, prosecute and adjudicate illicit trade activities and control illicit trade and its effects. However, the Oromia Regional National Government Justice Sectors are, as the situation demands, not controlling, prosecuting, and adjudicating illicit trade activities for different reasons. For instance, inadequate awareness of justice sector professionals of the region on trade regulations, customs and standards, the absurdity and uncertainty of the federal and regional laws, underperformance of criminal investigations, imprecision and incompleteness of prosecutions, delay and unfairness of court decisions, and wanting cooperation and undetermined efforts of the pertinent government agencies have made some contribution to the escalation of illicit trade undertakings. It is certainly known that without the effort required to be made by the justice sectors the attempt to control illicit trade could not be made possible. Therefore, it is mainly important to enable the justice sectors render services that combat illicit trade. Accordingly, among other things, it is advisable to raise the justice sectors professionals’ awareness of the relevant laws specifically of the trade competition and consumers protection, coffee quality control and marketing, and customs proclamations as to jurisdiction, to clarify the discrepancy between the federal and regional laws, to improve investigations, prosecutions and adjudications, and to advance professional and ethical behaviors of the professionals.
  PubDate: 2017-07-11
  Issue No: Vol. 6, No. 1 (2017)
Voluntary interest arbitration in the Ethiopian labor proclamation: the
problems in its design and a way to fix them
- Authors: Birhanu Beyene Birhanu
  Abstract: Some of the objectives of the Ethiopian Labor Proclamation No.377/2003 are “to maintain industrial peace, to guarantee employers and workers’ right to engage in a collective bargaining and to lay down the procedure for the expeditious settlement of labor disputes, which arise between workers and employers”. These objectives can be attained if various types of labor conflicts get recognized and less costly dispute resolution methods are put in place to handle them. Recognizing interest dispute and allowing the submission of such dispute to arbitration has a benefit of avoiding costly measures such as strikes and lock-outs. Therefore, in this expository work, for any individual or policy maker’s use, it is shown how disputes of interest and interest arbitration are recognized by the Labor Proclamation No.377/2003. The work’s main thrust is actually describing the way interest arbitration is designed in the Proclamation and identifying the problems in the designs and proposing a way to fix the problems.Keywords: Ethiopian Labor Law; Interest Arbitration; Labor Disputes; Interest Disputes
  PubDate: 2017-07-11
  Issue No: Vol. 6, No. 1 (2017)
Yakkoota ulfa irratti raawwataman: xiinxala seeraa fi raawwii seera yakkaa
rdfi
- Authors: Muluqan Kaasahun Amid
  Abstract: The FDRE Criminal Code has incorporated provisions that criminalize abortion except on those grounds permitted by the law. It also penalizes harmful traditional practices committed on pregnant women and publicity related to abortion. The provisions are designed for the dual purposes of ensuring the well-being of pregnant child and reproductive rights of women by preventing the perils that arise from pregnancy. This article examines the legal and practical problems that affect the effective application of the law. Accordingly, the paper addresses difficulties related to the issues of consent, ensuring criminal responsibility, snags derived from the nature of crime and
  the main limitations witnessed in the justice sectors in connection with the matter. The finding of the study divulges that, existence of legal gaps and problems, discrepancy of some provisions with the general principles of criminal law and sentencing, convolutions regarding its implementation and other related factors verges the apropos operation of the law. Finally, this article wraps up by recommending for further reforms.
  PubDate: 2017-07-11
  Issue No: Vol. 6, No. 1 (2017)
Ethiopian witness protection system: comparative analysis with UNHCHR and
good practices of witness protection report
- Authors: Wekgari Dulume
  Abstract: Witnesses play an indispensable role in the justice system. As Bentham says “Witnesses are the eyes and the ears of justice.” They assist the court in deciding the guilt or otherwise of the accused person. They are crucial in a criminal proceeding; from reporting of crime to its trial. The evidence by a witness is crucial for the conviction of offenders. At the same time, individual facing criminal investigation or prosecution wants to obstruct the justice administration and relief themselves of liability; by intimidating witnesses and/or their families to jeopardize the criminal proceeding. Hence, it becomes very important to protect the witnesses to make sure they are not intimidated in order not to fear revealing the truth in court. This article discusses the concept of witness protection in Ethiopia and analyzes its protection law; emphasizing on provisions that are very essential for effective implementation by making comparisons with UNHCHR, Good Practices of Witness Protection, UNODC draft model law and some countries’ laws where witnesses are protected well. From the comparative analysis factors affecting implementation of the law like lack of necessary fund, organized staff, awareness about the law is concluded. Awareness creations, allocating necessary budget for the protection program, enacting regulation, and courtroom protection procedural guideline are measures needed to be taken for effective implementation of the law.
  PubDate: 2017-07-11
  Issue No: Vol. 6, No. 1 (2017)
Producing in compliance with environmental obligation: case of Bedele
Brewery
- Authors: Mohammed Ibrahim
  Abstract: The Ethiopian environmental laws have provided different environmental regulation mechanisms for different types of industrial sectors based on their gravity of impact to the environment. Breweries are also subject to such regulation mechanisms according to environmental laws. This paper focuses on study of Bedele brewery with the intent to examine whether it is producing in compliance with the Ethiopian environmental laws. In line with this objective, different Ethiopian environmental laws, together with the data gathered through interview, field observation, and different literature related with the topic are examined. The cumulative result shows that the effluent that is released from the factory is causing some problem on farm land and its products. However, in order to create causal link between this effluent and its impact on the farm land and its products, it needs scientific study or laboratory test both on farm land and the product on the one hand, and the effluent itself on the other hand. Hence, the author of this paper recommends that it is better if the concerned government organs conduct further study through scientific methods or through laboratory test with the intent to give long lasting solution to the problem.
  PubDate: 2017-07-11
  Issue No: Vol. 6, No. 1 (2017)