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| dc.contributor.author | Dereje, Negash | |
| dc.date.accessioned | 2017-10-25T05:13:04Z | |
| dc.date.available | 2017-10-25T05:13:04Z | |
| dc.date.issued | 2017-10-25 | |
| dc.identifier.uri | http://hdl.handle.net/123456789/8126 | |
| dc.description.abstract | Peaceful demonstration has been one of the mechanisms that have been used in Ethiopia to show dissatisfactions to the activities, policies and programs of the government. The right to peaceful demonstration is enshrined in the FDRE Constitution as one of the rights which the Constitution pledged to protect. It has also been acknowledged in the Peaceful Demonstration and Public Political Meeting Procedure Proclamation No. 3/1991. Despite its recognition in the Constitution, different human rights organizations and media reported the rampant violation of this right by the government. In spite of pointing finger to the government for the alleged violation of the right to peaceful demonstration, extensive study has not been conducted to assess the level of recognition offered to this right in relevant laws of the country which would probably has provided a room for the government to encroach this right. In addition, other than blaming the government for violating this right, examining the legality of the acts of protesters has not been given mush scholarly attention which would push the government to impose restrictions or otherwise violation on the right peaceful demonstration. Against these backdrops, this research aims to assess the level of recognition offered to the right to peaceful demonstration in relevant laws of Ethiopian. Further, it examines the dynamism of Proc. No.3/1991 to function in the current Ethiopia and its compatibility with the FDRE Constitution. In addition, it assesses the legal requirements to conduct peaceful demonstration and explores its practical applicability in Addis Ababa and Ambo. The research also explores opportunities and challenges for the enjoyment of this right. Finally it goes to examine the legality of the 2015/16 acts of protests in Addis Ababa and Ambo in light of the scope of the right to peaceful demonstration. The research argues that, since it is recognized in part two of chapter three of the FDRE Constitution, the right to peaceful demonstration is given an incomplete recognition. As such it argues that this right is denied its inviolability, inalienability and universality under the FDRE Constitution which it has as human rights under international human rights law. Further, the research finds that Proclamation No. 3/1991 is not dynamic enough to function in the current Ethiopia and it is not responsive to the current demands of the right to peaceful demonstration. Since the Proclamation identifies any individual found in Ethiopia to be the holder of the right to peaceful demonstration and it promised to fully respect and safeguard the implementation of the right to peaceful demonstration without any limitation, the research argues that the Proclamation is incompatible with the FDRE Constitution. With regard to the procedures for the exercise of the right to peaceful demonstration, the research finds that there are discrepancies between the law and the practice. Among others, the government changed the legal requirement of notification to request for authorization. In addition, the emergence of young demanding community, internet and social media are raised as opportunities for the exercise of the right to peaceful demonstration. Finally, it argues that the 2015/16 demonstrations in Addis Ababa were lawful and conducted within the scope of the right to peaceful demonstration; whereas, the 2015/16 protests conducted of Ambo transcends the scope of the right to peaceful demonstration. Key words/phrases: The right to peaceful demonstration, Protest, spontaneous demonstration, FDRE Constitution, Proclamation No. 3/1991, Addis Ababa, Ambo | en_US |
| dc.language.iso | en_US | en_US |
| dc.subject | law | en_US |
| dc.title | The Legal Recognition and Application of the Right to Peaceful Demonstration in Ethiopia: A Case Study of Addis Ababa and Ambo | en_US |
| dc.type | Thesis | en_US |
