Ethiopian Journal of Human Rights

Ethiopian Journal of Human Rights Vol. IX

2026-04-13

From Weak Social Capital to Exclusionary Ethnofederalism: A Root of Majang-Highlander Conflicts and Rights Violations in Gambella Region

Desalegn Amsalu and Seyoum Mesfin — 2026-04-13

The Majang Nationality Zone (MNZ) is an administrative unit in
Gambella Region of Ethiopia having communities that are identified
as indigenous (who are mainly Majang) and Highlanders (also
known as settlers). This article aims to investigate into a structural
underpinning of tensions and violent conflicts between these two
communities, as well as ensuing rights violations. The article argues
that prior to the implementation of ethnic federalism in 1991, the
Majang and settler communities already exhibited low levels of social
capital. Cultural and physical differences between the groups
resulted in minimal integration and limited mutual trust. The
introduction of ethnic federalism further deepened these divisions by
institutionalizing a dichotomy between “indigenous” Majang and
“Highlanders” (also called “settlers”), thereby entrenching identity
boundaries. This structural separation not only reinforced existing
social fragmentation but also laid the groundwork for
intercommunal conflict. The article employs the concept of social
capital as an analytical framework, suggesting that its presence can
foster peaceful coexistence, while its absence or erosion may
contribute to conflict. The study’s data were drawn from both
literature review and fieldwork primarily conducted in 2011, with
follow-up investigations in 2023 to assess changes relative to the
original findings.
Keywords: Indigenous-settler dichotomy, social capital deficit,
ethnic federalism, conflict, Majang.

Examining the Roles of National Human Rights Institutions (NHRIs) in the Implementation of Peace Agreements: The Case of CoHA of Ethiopia

Abreha Mesele — 2026-04-13

Peace agreements and treaties end armed conflicts by bringing
parties to negotiate and stop hostilities. The Pretoria Agreement on
Cessation of Hostilities (CoHA) entered between the Ethiopian
Federal Government and the Tigray People’s Liberation Front on 3
November 2022 at Pretoria, the Republic of South Africa ended the
Tigray war, creating a Joint Committee for monitoring compliance.
National Human Rights Institutions (NHRIs) like the Ethiopian
Human Rights Commission (EHRC) are increasingly vital in
overseeing peace agreement enforcement. This article highlights
NHRIs’ role in protecting human rights post-conflict and the
benefits of including them in implementation frameworks. It notes
challenges such as unclear operational guidelines for NHRIs at
various levels, which limits effectiveness. The article calls for
coordinated frameworks to strengthen the enforcement of CoHA in
Ethiopia, advocating for expanded mandates and institutional
reform of the EHRC. It suggests renegotiating CoHA’s
implementation architecture to formally integrate the EHRC after
vetting, enhancing institutional roles and promoting peace
agreement success.
Keywords: peace agreements, implementation mechanisms, human
rights, CoHA, human rights institutions, NHRIs, and Ethiopia.

The Response of the Judiciary to Intimate Partner Violence in Addis Ababa City Administration

Helen Abelle — 2026-04-13

In Ethiopia, cases of intimate partner violence against women
(IPVAW) are frequently adjudicated using the same procedures as
ordinary criminal cases, despite their distinct nature. This practice,
lacking a human rights-based approach, heightens the risk of
secondary victimization. This article assesses how the judiciary
responds to IPVAW cases, focusing on the adjudication process,
judicial decisions, case timelines, and available protective measures.
A qualitative research approach was employed drawing on data
from survivors, actors within and outside the legal system, and
relevant IPVAW court cases in selected courts in Addis Ababa. The
research identified significant challenges to an effective judicial
response such as absence of specialized procedures, protracted case
resolutions, lenient sentencing, and insufficient measures to ensure
the dignity, safety, and privacy of survivors. Based on these
findings, the article recommends reforms that prioritize survivors’
rights and safety throughout the court process. Key suggestions
include providing specialized training for judges and court
personnel and implementing targeted strategies to ensure that
survivors are protected from further harm.
Keywords: Courts, Ethiopia, Human Rights-Based Approach,
Intimate Partner Violence, Women
25

Women’s Rights to Access to Justice: Challenges and Opportunities at Grassroots Level in Oromia Regional State

Sisay Kinfe — 2026-04-13

Women face barriers to access justice that emanate from the
absence, inadequacy or manipulation of evidence presented to
formal courts, as well as limited participation and representation
in the customary justice system and concomitant discriminatory
customary laws and practices. This article examines the
legislative mechanisms of addressing barriers to women’s access
to customary justice and its implementation at the grassroots
level in the Oromia regional state of Ethiopia. Using a qualitative
research approach, the study explored the gender sensitivity of
the legislative mechanisms designed to enhance access to
customary justice at the grassroots level and their
implementation. Legislation on customary court enacted by the
Oromia regional state, empirical data collected using
observation, interviews, and reports from Gelan ,Handode
districts and the Gelan sub-city of Sheger City, are the data
sources. The study uses a human rights-based approach to
access to justice and the principles of gender- sensitive
legislation as the theoretical framework. Gaps in using gender
sensitive language in framing legislation on customary courts is
one factor that inhibits women’s equitable representation and
participation in the customary justice system during the
implementation of the legislation. The paper argues that gendersensitive
approach in making legislation on customary courts
contributes to gender sensitive implementation addressing
barriers to women’s access to justice.
Key Words: Women, Access to justice, Customary Court, Gender
sensitive legislation

Ethiopia’s Reservations to the Maputo Protocol: A Compatibility Analysis with the Protocol’s Object and Purpose

Meron Eshetu — 2026-04-13

In July 2018, following fifteen years of lobbying, the government of
Ethiopia ratified the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa (Maputo
Protocol). Despite the delayed ratification, it was widely regarded
as a pivotal addition the national framework for protecting women
and girls against widespread and systematic human rights
violations. Nevertheless, upon ratification, Ethiopia entered six
reservations and seven interpretative declarations, which hindered
Ethiopian women and girls from fully benefiting from the
provisions. The analysis in this paper centres on the three
reservations and interpretative declarations on Articles 4(2)(a), 6(b)
and 6(d), which respectively prohibit violence against women in the
private sphere; set 18 as the minimum age of marriage and require
mandatory registration of marriage. This raises a critical question
as to their compatibility with the object and purpose of the Protocol,
potentially risking their nullification under the Vienna Convention
on the Law of Treaties (VCLT). This paper explores both the object
and purpose of the Protocol, as well as Ethiopia’s stated rationale
for entering reservations and interpretative declarations at the time
of ratification. Central to the discussion is a critical assessment of
whether these reservations and interpretative declarations are
compatible with the Protocol’s object and Purpose.
Key words; Maputo Protocol, VCLT, object and purpose,
compatibility, Ethiopia

Witness Protection Measures in Transitional Justice Processes: Lessons for Ethiopia

Awet Halefom and Abreha Mesele — 2026-04-13

Witness protection is a critical concern in the prosecution of
perpetrators in ordinary criminal proceedings as well as transitional
justice processes involved in serious human rights violations,
including war crimes, crimes against humanity, and genocide. This
article offers a thorough analysis of the legal frameworks governing
witness protection measures across international, regional, and
national contexts, emphasizing the need to balance witness safety
with the right to a fair trial. By examining the existing legal and
institutional frameworks, this research finds that Ethiopia’s current
laws address only ordinary criminal proceedings, prioritizing “public
interest,” the typical focus of criminal law. Moreover, while the
Ethiopian Transitional Justice Policy (ETJP) outlines the institutional
set-up for various bodies under the policy, it fails to provide any
policy framework for witness protection. Drawing on the experiences
of other African countries, this study further reveals that separate
legal and institutional frameworks are essential to the success of
transitional justice processes, particularly in societies marked by
polarized ethnic tensions and fragile state–society relations.
Accordingly, the article recommends the establishment of a dedicated
witness protection law and institutional structures that safeguard the
rights of both witnesses and victims.
Keywords: Witness protection, Ethiopian transitional justice policy,
human rights violations, conflict, victims

The Right to Assistance of an Interpreter in the Federal and Oromia Regional State Courts: An Assessment of the Legal Recognition and Practice During Civil Proceedings

Muluken Kassahun — 2026-04-13

This article critically examines the legal frameworks regulating
language interpretation and its practice in selected federal and Oromia
Regional State regular courts across different tiers. The paper employs
a qualitative research approach, gathering data from Addis Ababa and
Adama cities through interviews, observations of court proceedings,
case analysis, and legal and literature reviews. The federal courts use
Amharic, while the Oromia region courts use Afaan Oromo as their
working languages. The Federal Courts Proclamation and directives
recognize the right to qualified interpreters at the state's expense
during civil proceedings. However, in practice, there is a shortage of
qualified interpreters in federal courts. As a result, courts often rely on
volunteer administrative workers and individuals from outside the
court staff. There are no competency certification or monitoring
standards in place to ensure the quality of interpretation. Although the
federal court establishment proclamation promised to set up
interpreters' office, no such office has been established to date. In
Oromia, there is no law that clearly enjoins the state to provide
interpreters in civil lawsuits. In practice, litigants represented by an
attorney often overcome the language barrier. The courts also provide
interpreters for litigants who cannot secure their own. In certain
circumstances, courts conduct oral hearings in Amharic to expedite
trials. Hence, linguistic accessibility in civil proceedings requires both
legal and practical reforms.
Keywords: civil proceedings, language interpreter, state obligation,
Federal courts, Oromia courts