{"title":"COMMENT: On Ethiopia’s Digital ID Bill, Data Privacy, Warts and All","authors":"Kinfe Yilma","doi":"10.4314/mlr.v16i2.8","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.8","url":null,"abstract":"Ethiopia has been considering a Digital Identification legislation in the past few years. This comment offers a critical analysis of the legislative proposal with a focus on three aspects of the Bill. First, it analyzes the extent to which the Draft Digital Identification Proclamation attends to data privacy concerns associated with digital identification systems. Second, it considers the Bill’s approach to the risks of digital exclusion or discrimination that are common in systems of digital identification. Finally, the comment discusses major areas of normative ambiguities that would undermine the effective implementation of the Bill upon its enactment. The submission is that the Bill requires substantial revision before adoption by the legislature.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48508532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Examining the Tax Administration Law of Ethiopia in Light of the Tax Compliance Theories","authors":"T. Alem, Yosef Workelule Tewabe","doi":"10.4314/mlr.v16i2.2","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.2","url":null,"abstract":"The problem of tax non-compliance is a serious global phenomenon, especially in developing and least developed countries. In this regard, states design their tax administration laws and tax compliance rules in light of the two most dominant tax compliance theories: deterrence theory and behavioural theory of tax compliance. These theories are ideals or indexes of a good tax administration system. It is thus important to examine the base or policy of tax compliance rules of the tax administration laws of Ethiopia. This Article examines when and in what forms the tax administration law of Ethiopia is designed to embody the tax compliance theories. Doctrinal research method is used and the major findings show that –like many countries– the tax administration proclamation of Ethiopia is largely designed in consideration of the economic deterrence model to achieve taxpayers’ compliance which depends on audit and penalties when tax is evaded. However, this approach is criticized due to its administrative inefficiency and its inability to build equitable tax system. Aside from tax penalties, tax administration policies and practice in Ethiopia should give much attention to changing individual taxpayers’ attitudes toward the tax system. This requires improving its perceived fairness and equity, making government expenditure in the best interest of the taxpayers, improving procedural justice, tax education, establishing the culture of mutual respect between tax authorities and taxpayers, and making it easy to comply with the tax laws.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42999445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Functional Domains of IGR Forums, House of Federation and Ministry of Peace in Ethiopia: The Need for Clarity","authors":"Nigussie Afesha","doi":"10.4314/mlr.v16i2.3","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.3","url":null,"abstract":"Intergovernmental relations have been attached with the House of Federation and the Ministry of Peace until the enactment of the new Intergovernmental relations (IGR) legislation. The new legislation establishes six major intergovernmental consultative forums. It states their areas of engagement and indicates the distinct roles of each institution. The newly established IGR forums can create cooperative and uncompetitive relations between the federal government and regional states thereby changing the contour of the Ethiopian IGR system. This article examines whether the enactment of the new IGR law overlaps with the power and functions of the House of Federation and Ministry of Peace which have been facilitating federal-state or interstate relations. I argue that there are power overlaps and fusion of responsibilities between the House of Federation, the Ministry of Peace, and the newly established IGR forums. In this regard, an attempt is made to draw a clear functional realm among these institutions in connection with their mandates in facilitating smooth federal-state or interstate relations, and also to maintain transparency and accountability within these institutions relative to roles and tasks. The delineation of their power and functions is important to further enhance the IGR system in the Ethiopian federation.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49272994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Presumed Consent as an Option to Improve Ethiopian Organ Donation Law","authors":"Natae Ebba Kitila","doi":"10.4314/mlr.v16i2.5","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.5","url":null,"abstract":"There are two types of legislation underlying organ donation that may be based on presumed consent and expressed consent. In expressed consent, individuals are donors when deceased only if they had registered their consent while alive. In presumed consent, any individual is presumed as a donor when deceased unless “no” is registered. Ethiopia operates under Expressed Consent regime. However, the country is under a severe shortage of organs and tissues for transplantation. One of contributing factors for the shortage relates to the legal regime. Based on qualitative research methodology, I argue in favour of modest legislative modification or the need for policy measures because presumed consent is believed to fill the gap between supply and demand for organ donation.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47086555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ethiopia’s Criminal Law Evolution from the Perspectives of Major Legal Theories: An Overview","authors":"S. K. Assefa","doi":"10.4314/mlr.v16i2.1","DOIUrl":"https://doi.org/10.4314/mlr.v16i2.1","url":null,"abstract":"This article reviews the various theories of law applied throughout the modern development of the Ethiopian system of rules from a criminal law perspective. As is elsewhere, the initial influences mainly relate to the natural law theory. Later, positivisation evolved as part of the modernisation of law. Further, as part of the modernisation of society, the social theory of law evolved. With the PMAC coming to power, the Marxist theory of law crept in. The excessive connection between law and politics glamoured the instrumentality of the law. This got prominence in the post-2005 election in Ethiopia. The theories of law are abstracted from the manner the laws were designed, or the way they are implemented. The discussion looks into the difference between the statutes and the application of criminal law. Further, it shows that legal theory has a method aspect. I finally argue for the pragmatic instrumentality of the law.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43883224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Regulation and Supervision of Micro Finance Institutions in Ethiopia: The Need to Balance Social Objectives with Financial Sustainability","authors":"Gebreysus Abegaz Yimer","doi":"10.4314/mlr.v16i1.5","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.5","url":null,"abstract":"Microfinance Institutions (MFIs) play an important role in providing access to finance in developing countries. However, how to effectively regulate MFIs remains one of the challenges that needs attention. The need for legal and financial innovation to enable MFIs to continue to provide the much-needed financial service to society is apparent. One of the proposals is to use regulatory frameworks that are closely related or similar to those we use in banks. Ethiopia is currently using laws that are in many ways similar to its banking laws to regulate Microfinance Institutions. However, this approach is not without its limitations. Complex and burdensome regulations greatly affect the efficiency of Microfinance Institutions. We need MFIs not to be just commercial banks. We need them to fill the gap that is created by the existing banking system. We need them to be more open to small-scale borrowers, to use flexible credit packages and to give priority to women and vulnerable groups in society. Therefore, we need a legal regime that considers these special traits of MFIs and provides the required support to these institutions to be sustainable and viable in the market. This article examines the legal regime in Ethiopia, outlines its limitations and provides suggestions to make it more efficient.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48983001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comment: Post-divorce Maintenance under Ethiopia’s Revised Family Code: Some Observations","authors":"Nigussie Afesha","doi":"10.4314/mlr.v16i1.8","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.8","url":null,"abstract":"The Revised Family Code (RFC) of Ethiopia states the circumstance in which a spouse can claim maintenance. These are during a divorce proceeding and, ordinarily, as any person, citing the provisions that explicate the obligation to supply maintenance. The RFC puts spouses at the top rank in the maintenance claimants’ order. This raises the question whether this applies to a spouse while the marriage is intact, a spouse while divorce proceedings are in progress, or an ex-spouse. This comment examines the existence (or otherwise) of a legal ground for an ex-spouse to claim maintenance under the RFC. I argue that the issue of maintenance does not arise in relation to a spouse while marriage is intact because the spouses have joint ownership and equal entitlement with regard to their property. Besides, a spouse can invoke temporary maintenance while divorce proceeding is underway due to a petition filed by one of the spouses. It can thus be argued that the obligation to supply maintenance embodied in the Revised Family Code entitles an ex-spouse (who is needy and unable to earn livelihood) to claim maintenance.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43848153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Inter Communal Conflicts (2017-2018) and the Protection of IDPs in Ethiopia: The Need for Specific Legal and Institutional Regime","authors":"Rabel Desalegn","doi":"10.4314/mlr.v16i1.3","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.3","url":null,"abstract":"The increasing number of Internally Displaced Persons (IDPs), and the gap in the legal and institutional framework for the protection scheme, remains a concern in Ethiopia. It is well established that inter-communal conflict forced thousands of people to flee their homes. This article assesses the adequacy of the national framework for the protection of IDPs. Specifically, it investigates whether the national response for disasters accommodates the needs of inter-communal conflict induced IDPs. In this context, the term IDPs is defined as provided in the UN Guiding principles on Internal Displacement. In order to determine how the national response works for plight of IDPs, questionnaires were distributed to the concerned government authorities, and the joint reports of government and international organizations was reviewed from online data sources. Results showed that there was no comprehensive legal and institutional framework and coordination system to address the protection and assistance needs of inter-communal conflict induced IDPs in Ethiopia in the year 2017-2018. These results suggest that the needs of IDPs could be addressed more effectively, with a national action plan or policy framework, and institutional scheme for IDPs.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48145185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Synergies and Tension between International Trade Law and Environmental Law in Ethiopia","authors":"Tesfaye Abate Abebe","doi":"10.4314/mlr.v16i1.6","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.6","url":null,"abstract":"The relationship between international trade law and environmental law is susceptible to divergent views. Trade liberalization and global competition among producers may result in efficient use of natural resources, or it may on the contrary impede regulatory interventions by the government to protect the environment that may lead to wider circulation of polluting substances. This article examines the linkages (synergies) and tension between international trade law and environmental law in Ethiopia. Relevant international, regional as well as domestic legal instruments have been investigated. Relevant literature has also been analysed. The research identifies that both the linkages (synergies) and contradictions have been incorporated in the international and domestic laws of Ethiopia. Thus, Ethiopia needs to work more on the balance between the promotion of trade and environmental protection in the context of sustainable development.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47322875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comment: Court’s Reluctance to Safeguard Rights of the Accused in the Ethiopian Counter-terrorism Prosecutions and its Broader Implication","authors":"W. Kassa","doi":"10.4314/mlr.v16i1.7","DOIUrl":"https://doi.org/10.4314/mlr.v16i1.7","url":null,"abstract":"Ethiopia’s former and current anti-terrorism laws recognize information obtained through court authorized interception as evidence in counterterrorism prosecutions. This comment briefly examines Federal High Court rulings in two counterterrorism prosecutions where the accused challenged the admissibility of intercepted materials into evidence for not being obtained with court warrant. Though the objections in both cases could have been easily addressed by verifying whether a court warrant was in fact issued prior to intercepting the material in question, the court did not take this course of action. In one of the cases, the court presumed that a court warrant was issued; in the other it ignored the objection altogether and admitted the contested material into evidence. The comment can serve as a basis to undertake further research on whether the courts are doing justice in enforcing rights of the accused the safeguarding of which do not require constitutional interpretation. It might also invite investigation into its broader implication on whether the courts have the readiness to meet public and legal professionals’ expectation in safeguarding human rights were they empowered in the realm of constitutional interpretation.","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70571068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}