Bahir Dar University Journal of Law

Governing Using Criminal Law: Historicising the Instrumentality of Criminal Law in Ethiopian Political Power

Simeneh Kiros Assefa — 2024-09-24

While a constitution vests (limited) power on a government, criminal law may be used to effectively deny power to any contending party (group). This article argues that besides achieving its legitimate ends of prevention of crime, the criminal law is used to govern the country by denying power to contending parties. This is done based on the analysis of the adoption of the respective constitutions, the adoption of the criminal laws and the attending socio-political circumstances of the adoption of the criminal law.Emperor Haile Selassie adopted the 1930 Penal Code on the day of his coronation which is later sanctioned by the 1931 Constitution which makes his power perpetual â€ždivine rightâ€Ÿ. When the Provisional Military Government had come to power, it adopted a Special Penal Code to be applied by a Special Courts-Martial, and the PDRE Constitution came only 13 years later. Likewise, as soon as EPRDF came to power, it detained the previous regime officials, both civilian and military, in the first few days. It is only after such action that the Transitional Period Charter was drawn up.

Social Enterprise in Ethiopia: Examining Major Regulatory Issues

Tajebe Getaneh Enyew — 2024-09-24

Traditionally, private entities were divided into for-profit and non-profit organizations, with the goal of maximizing profit and social impact, respectively. Recently, however, both social and financial maximization have begun to be carried out in a single institution. Investors start a firm with the primary purpose of fixing the community's social, environmental, economic, and cultural (SEEC) concerns while earning a modest profit. These types of businesses are called social enterprises. Social enterprises combine profit and social mission into a single company. Though their income is primarily derived from their business, they also get donor-funded grants and government subsidies. Though these types of businesses are flourishing in Ethiopia, there is no special regulatory framework in Ethiopia designed for social enterprise so far. They are treated and regulated as ordinary for-profit businesses under Ethiopia's existing Commercial Code. The goal of this article is to investigate the regulatory concerns of social enterprises and the viability of regulating them within Ethiopia's existing commercial laws. To achieve this goal, the author applies doctrinal research methods. Finally, the author discusses important regulatory challenges for social companies in Ethiopia. The major issues of social enterprise regulation identified by this study include business legal form, evaluation of the social mission, profit allocation, asset transfer, business sale and merger, disclosure of enterprise performance, the duty and liability of directors and managers to stakeholders, and supervision. The author concluded that the existing rules of the Commercial Code are not suitable to regulate these major concerns of social enterprises. Thus, the author recommends that the government promulgate a specific law that regulates these issues of social enterprises.

Assessing Ethiopiaâ€Ÿs Readiness to Combat Computer-focused Crimes: A Legislative Analysis.

Molalign Asmare Jemberie — 2024-09-24

The rapid digitalisation of Ethiopiaâ€Ÿs telecommunication services has brought not only opportunities but also challenges, not the least an increasing vulnerability to cybercrime attacks. The Ethiopian government started to criminalise computer-focused offences in the 2004 Criminal Code by including a short list of computer crime provisions, partially completed by the 2012 Telecom Fraud Offence Proclamation. A decade later, the 2016 Computer Crime Proclamation significantly amended these offences and their punishments. Yet, the Ethiopian legislator is contemplating a third set of legislation, with the 2019 draft Computer Crime Proclamation. This article critically analyses these three legislative reforms. It contends that the 2016 Computer Crime Proclamation represents a strong positive step towards a proportionate and adapted response to computer-focused crimes. Ethiopiaâ€Ÿs current readiness to tackle cybercrime would be, however, strengthened if it were to further improve the provisions of the 2016 Proclamation. Unfortunately, the 2019 Draft Proclamation is not the way forward. As it stands, it would perpetuate the cycle of revisions without being justified by rapid changes in technological advancement or by the specificities of cybercrimes, such as their scale and transnational dimension. For the reform to be effective and long-lasting, the legislator should simultaneously maintain the 2016 Proclamation, which successfully modernised the law, and remedied its deficiencies. Reform should notably consider the specific features of computer-focused crimes and the best experiences from international and regional standards, notably the Budapest Convention, and the AU Malabo Convention. Such an approach would reinforce Ethiopiaâ€Ÿs adequate criminalisation of computer-focused crimes cognisant of the cybercrime and cybersecurity ecosystem.

Legislative Framework for Judicial Protection of Consumers in Ethiopia: The Case of the Amhara National Regional State

Yosef Workelule Tewabe — 2024-09-24

protection plays a critical role in safeguarding the fundamental rights of citizens. This protection encompasses both substantive and procedural elements. The substantive aspect involves the recognition of a right to judicial protection in laws and the provision of remedies for individuals whose rights have been violated. On the other hand, the procedural aspect focuses on establishing efficient pathways for individuals to access and benefit from these remedies. This article delves into a comprehensive analysis of the state of consumers' judicial protection arrangements in Ethiopia, specifically examining the Context in the Regional State of Amhara. Through a doctrinal research approach, the author evaluates relevant legal provisions, including the FDRE constitution, and identified shortcomings in the existing framework. The research revealed deficiencies in the explicit recognition of consumers' right to judicial protection and the inadequacy of rules governing this area. Recommendations are then offered to enhance consumers' access to judicial protection.

Examining Procedural Legal Challenges of Ethiopian Electoral Law Frameworks for Realizing Electoral Justice in Court Litigation

Abenezer Nahome Mengesha — 2024-09-24

An effective electoral dispute resolution system is crucial to any democratic process. Such a system guarantees that all eligible voters can participate, that elections are conducted fairly and transparently, and that results truly reflect the voters' will.Furthermore, it fosters trust in both the electoral process and the broader democratic system by providing a clear mechanism for resolving disputes.This research examines how Ethiopian electoral law and the election dispute resolution system align with international standards and best practices. The study aims to identify the nature and type of the current system and to assess the challenges associated with achieving electoral justice through court litigation. The researcher employed a doctrinal research method to explore procedural legal challenges and analyzed selected court decisions to illustrate their practical effects. The findings indicate that significant procedural legal challenges exist within the current legal framework for ensuring electoral justice through court litigation. These challenges include: the absence of a specific procedural law addressing election disputes, unclear provisions in the election proclamation regarding the finality of appellate court decisions, and a lack of clarity on jurisdiction for disputes, particularly those related to candidate registration, voter registration, and the voting process in specific jurisdictions such as Addis Ababa and Dire Dawa. Based on these findings, the study proposes recommendations to enhance the effectiveness of the electoral dispute resolution system in Ethiopia.