Abstract:
Road Traffic Death is a common tragedy in many part of the world, but one that rarely receives the attention it merits. Every year, an estimated 1.25 million people globally, and more than 3,500 people in Ethiopia are killed on roads. Regrettably, working age males make up a large proportion of those killed and injured. In contrast, the right to life is enshrined in numerous Global and Regional Human Right Instruments to which Ethiopia is a party including the FDRE Constitution. Except in a very limited situation provided by law, arbitrary deprivation of individuals’ life is prohibited in all of these instruments, and a State bears duties to respect, protect, and fulfil towards this right as part of realizing its obligation.
In this context, this study first aims to analyze the obligation of Ethiopia in ensuring the right to life of its inhabitants from road traffic deaths and injuries. Then, as part of realizing its human right obligation, the study gauges the protective measures taken by the Ethiopian government yielding a special emphasis on efforts undertaken on enacting and enforcing traffic of law, and ensuring post-crash emergency care services under the ANRS with a particular focus in Bahir Dar and Gondar, since these are among the major recognized ways of reducing road traffic deaths and injuries. The research also explores practical challenges thwarting the implementations of traffic laws.
The researcher argues for the firm existence of positive duties by Ethiopia government in terms of the obligation to protect and fulfil the right to life of its inhabitants as its frequently tampered by RTA. It does not have to be a very strictly defined threat, as long as it unrestrainedly affects the right. Nonetheless, results show that, though there are efforts to incorporate several offences including rules on key risk factors to traffic death and injury under the Speed Limit Regulation 361/69 and Road Traffic Regulation 208/11 with its Amendment Reg. 395/17, still there are substantial loopholes in these laws and they fail to encompass strict and appropriate penalties including some effective enforcement mechanisms, proven under the global best practices. Among others, the study has accentuated the presence of low enforcement activities on traffic rules in general and key risk factors in particular as practically examined in Bahir Dar and Gondar. Further, non-application of point demerit penalty system stipulated under Traffic Amendment Reg. 395/17, limitation with resources inter-alia Traffic Controllers understaffing and lack of patrolling vehicles/motorcycles, Traffic Controllers low concern towards enforcement, lack of sufficient and successful publicity, and road engineering works, and absence of special knowledge and training for Traffic Controllers are identified as major practical obstacles to effective and efficient enforcement of rules. Finally, despite the fact that the existence of post-crash emergency care service is another pivotal measure to reduce traffic deaths and injuries, in both cities there is no organized pre-hospital health care system at all, and even the examination made on two frequently visited Hospital’s emergency/trauma centers in both cities shows lack of adequate health facilities and professionals. After all, the researcher concludes that the Ethiopian government in general and ANRS in particular are not sufficiently taking the obligations to protect and promote the right to life of their inhabitants from road traffic deaths and injuries.
Key words/phrases:
The right to life, Road Traffic Deaths and Injuries, Speed Limit Regulation 361/69, Road Traffic Regulation 208/11, Traffic Amendment Regulation 395/17, Traffic Law Enforcement, Bahir Dar, Gondar.