Papers by Abigeya Getachew
Many African countries have a culturally, religiously and linguistically diversified population. ... more Many African countries have a culturally, religiously and linguistically diversified population. In many instances this diversity is woven not only to individual relations but also to the public spectrum. As a result, the continent frequently experienced political upheaval and bloody conflicts which erupted because of ethnic tensions. Economic reasons such as access to land are one of the major causes of tensions, if not the sole. Amidst such events constitutionalism gained the momentum in the political leadership matrix. This thesis looks at the challenge ethnicity poses on constitutionalism in general and in relation to access to land and natural resources. It also examines available solutions of constitutionalism for ethnic economic inequalities.
Following the adoption of the 1986 UN declaration on the Right to Development and consecutive int... more Following the adoption of the 1986 UN declaration on the Right to Development and consecutive international instruments, the Right to Development was internationally recognized as a universal and inalienable fundamental right. It calls for individual and collective action of States to fight extreme poverty in a manner that incorporates environment. The RTD is enshrined as legally binding and enforceable right only under the African Charter on Peoples and Human Right. Ethiopia adopted the Declaration on the Right to Development and ratified the African Charter on Human and Peoples’ Right; recognizing the Right to Development as a human right. Furthermore it included the RtD in its national Constitution. However, the Constitution doesn’t give the definition of the RtD rather it provides it in terms of its components. Rights are the means for a person to live in dignity. But this is determined in their recognition, articulation and application in national systems. For the writer, the recognition of RtD is one way of recognizing the human dignity as it has a final end of achieving a better life for individuals and peoples. Its enjoyment leads to the full realization of all human rights and fundamental freedoms. The full-fledged normative understanding of this right so crucial for States to fulfill their obligation. It is with this view that this thesis tries to examine the normative understanding of the right to development under the current Ethiopian Constitution in light of the African Charter on Human and Peoples’ Right which is the only instrument that makes the right legally binding.
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Papers by Abigeya Getachew