Abyssinia Law Blog

We have goals, purposes, focuses, reasons to write about Ethiopian laws and our Legal System. Do you have something to write?, then you are welcome! 

09 Jun
Beginning in the early 1990s, Africa in general and the Greater Horn in particular, have been experiencing a major ground swell of social, economic, cultural and political changes. While the movement towards fundamental political change is remarkable, there are certain formidable challenges that will make the transition to a stable, democratic and pluralist system of governance very difficult. The cultural, historical, political and socioeconomic conditions of this troubled region are not simply too conducive to the emergence of strong democratic polity. This is indeed the…
09 Jun
የኢትዮጵያ የህግ ስርዓት በተለያዩ የመንግስት የአስተዳደር ስርዓት ውስጥ በልዩ ልዩ ጉዳዮች ላይ ልዩነቶች ሲታዩበት የነበረ ቢሆንም አደረጃጀቱም የዚያኑ ያክል ተለዋዋጭነት የነበረው መሆኑ ግልፅ ነው፡፡ በተለይም ከያዝነው ርዕስ ጋር በተያያዘ የፍርድ ቤቶች አደረጃጀትና በጉዳዮች ላይ የመጨረሻ ውሰኔ የመስጠት ሂደት በተለያዩ ስርዓቶች የተለያየ ሂደት ሲኖረው ተስተውሏል፡፡ ከ1980ዎቹ አጋማሽ በፊት የነበሩት ስርዓቶች የአህዳዊ ስርዓትን የሚከተሉ ከመሆናቸው አንፃር የፍርድ ቤቶች አደረጃጀት በዚሁ አይነት አተያይ የተቀረፀ ነበር፡፡ በዘውዳዊው ስርዓት የነበረውን የፍርድ ቤቶች አደረጃጀት ስናይ በተሻሻለው ህገ መንግስት አዋጅ ቁጥር 149/1948 ምዕራፍ 6 ስለ ዳኝነት በሚዘረዝረው ስር አንቀፅ 108 እና አንቀፅ…
09 Jun
Housing forms an indispensable part of ensuring human dignity since it is essential for health, privacy and personal space, security and protection from inclement weather, and social space. In this context, “adequate housing” en­compasses more than just the four walls of a room and a roof over one’s head. However, population growth, migration to urban areas, conflicting needs for existing land, and insufficient financial and natural resources have resulted in widespread homelessness and habitation in inadequate housing. In every country children, men and women sleep…
09 Jun
This post, which was originally part three of a larger report, seeks to assess the national response to child labour in Ethiopia in light of the international standards identified in the previous part of the report. The assessment principally focuses on the ratification of international instruments relevant to child labour and harmonization of legislation with their stipulations. Since Ethiopia does not yet have a comprehensive policy on child labour, the assessment does not directly cover issues that have to be addressed though the policy framework.…
09 Jun
1 Introduction This post was originally prepared for use in the internal publications of the Ethiopian Human Rights Commission in an effort to strengthen the engagement of the Commission in protecting and promoting the rights of victims of sexual offences while at the same time ensuring the due process rights of the accused. However, it never got to see the light of day for reasons unrelated to its content. Now that we are done with the adoption of a criminal justice administration policy and taking…
09 Jun
1. Introduction The purpose of this piece is to highlight the link between good governance and democracy. Through an examination of the key components of both, it argues that the two concepts are indeed one and the same: ‘good governance’ is but a sanitized name for ‘democratic governance’. (I have to admit a level of dislike for the term ‘good governance’ which, for me, suggests that it is an option rather than an obligation tied to a set of fundamental rights.) 2. Meaning and Elements…
09 Jun
This is a brief article I wrote for the internal newsletter of the EHRC; it never got published due to delays in the coming out of the newsletter. I have planned to update it with additional information on recent events such as the new mandate of the MoJ to provide assistance to ‘women and children’ in civil cases. The intensified criminal legal aid activities of the Public Defenders Office under the Federal Supreme Court should also be mentioned. Finally, one should be wary of the…
09 Jun
The purpose of copyright law is not to ensure the owner of copyright a maximum economic benefit, rather to balance the right of the copyright owner to obtain a fair return and society’s interest in access to and use of information. As a result, the copyright law does not only provide exclusive right to the copyright owner, but also exceptions to the exclusive right and allow the use of copyrighted work by third parties in certain circumstances. One of the important exception is education. An…
09 Jun
1. Introduction This essay examines the normative contemporary constitutional law question ‘how constitutionality of laws is controlled?’ under Ethiopian and Nigerian Federal Systems. In constitutional terms, both this question and federal systems require a written constitution that serve as a fundamental or basic law and placed hierarchically at the highest peak. Federalism with written constitutions is one of the hallmarks of the Ethiopian and Nigerian political system. In both countries there are constitutionally entrenched distribution of powers between States and federal government to enact law,…
09 Jun
 “No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, have force or effect with respect to matters provided for by this Proclamation”. 1. Introduction Paradoxically, in most modern societies, the larger proportion of the law—delegated legislation—is not made by elected lawmakers or by the proper legislature.To an increasing extent, law in these countries is made through the Executive branch not by the parliament.The common practice for Acts of Parliament to bestow power (through empowering acts) to make…
09 Jun
Prior to considering the subject matter of this article, a brief explanation of the history of Ethiopian Codes and constitutional development is helpful because it focus attention to the key issues that I would like to raise. The Ethiopian legal system constitutes Constitution, international treaties, codified laws and statues, as a primary source of law. This essay however, limits its self with codified laws and primary legislation. During the regime of Emperor Haile Sellasie, particularly between 1957 and 1965, a group of highly complex codes…
09 Jun
I will try to make this short essay as perceptive as possible and I will try to avoid legal jargon. Legal jargon is thought to make a writer’s essay water-tight, however, I think this is a misperception, and such language should only be used when it is necessary to describe something accurately- with the right context, meaning and empirical reference. I do this because I do not want my reader to feel alienated by merely looking at the title. I think it is better to…
09 Jun
In different legal systems of the world, properties are classified into different categories such as personal and real, private and public, movable and immovable, absolute and qualified, corporeal and incorporeal, etc. The distinction between these types of property is significant for a variety of reasons. Firstly, classification ensures the proper application of the law. This is because the legal regime that governs goods depends on their nature and accordingly their legal treatment substantially varies. For instance, one's rights on movables are more attenuated than one's…