International Journal of Human Rights and Constitutional Studies (6 papers in press)
AN ACADEMIC STUDY OF CRIMINALIZATION OF POLICY IN SUSILO BAMBANG YUDHOYONO ERA
by Dwidja Priyatno
Abstract: This study aimed at discussing criminalization of policy during the former president of the Republic of Indonesia era, Susilo Bambang Yudhoyono, as an academic study which at that time was very widespread in media coverage. There were not a few heads of regions affected by the policies undertaken. This has the effect of whether the policy is included in the realm of administrative law or criminal law. The conclusion of this article is that the protection of the law especially against the suspicion of criminalization of the policy, which applies to the policy maker and implementer, must be expressly contained in the legislation, as the reason for the criminal offense, namely to abolish the unlawful nature (justification). By referring to the principle of legal certainty, the principle of state administration, the principle of public interest, the principle of openness, the principle of proportionality, the principle of professionalism, and the principle of accountability.
Keywords: Policy; criminalization; government; law.
Minority and Federalism: An Assessment of the Right to Political Participation of Non-Indigenous peoples in Benishangul-Gumuz Regional State, Ethiopia
by Gizachew Gifayehu
Abstract: Ethiopia design ethnic-based federal (though not purely)state structure to respond to the challenges of minorities by developing a counter-majority institutional system. However, this approach literally left non-native/non-indigenous group of peoples out of the constitutional recognition and institutional consideration of the regional state administration. Likely, as one regional state of Ethiopia, Benishangul-Gumuz National Regional State had face serious criticism concerning on the right of these groups of people. Minding this, this paper attempt to make a basic assessment on the right to political participation of non-indigenous peoples in Benishangul-Gumuz Regional state. In doing so, an interview with focal persons were conducted. In addition to this, different literatures, legal documents and policy documents were used. Finally, the study reveals that the right to political participation has been shortened by normative and institutional constraints. Hence, it is recommended that there must be a constitutional and institutional change in Ethiopian federalism.
Keywords: ethno-territorial federalism; human rights; non-indigenous people; non-indigenous minorities; right to political participation; Ethiopia.
The Development and Practice of Citizenship and Citizenship Rights in Ethiopia: Crude Assessment in Three Consecutive Regimes
by Gizachew Gifayehu
Abstract: Instilling democracy on an unshakable ground in a given society is the main goals of political leaders and political philosophers. This process on its base needs an educated citizen that clearly understands and develops an inherent character about ones own rights and responsibilities. At its core, Citizenship is the legal status of citizens which advocate and empower citizenship rights in the political system. At minimum, there will be the right to be domiciled in and take part in the political decision-making process of the state, usually through voting. Forming an inclusive and responsible citizen is also one of the basic and critical point throughout the history of state formation of Ethiopia. Especially, in multicultural society like Ethiopia, social, cultural, economic and political exclusion will be the basic problem that the country faces. Maybe it will be possible to reduce these social problems through the introduction of different legal statements and rules. However, the legal inclusion can never be a guarantee for developing and ensuring social and cultural inclusion of individuals in a given political community. Rather, educating and creating awareness about citizenship and citizenship rights can possibly mitigate such problems from the grassroot level. Bearing this in mind, the paper attempt to made general assessment and explication about the development and practice of citizenship and citizenship rights in Ethiopia. In doing so, different literature, legal documents, governmental reports and records were used as sources of data. Accordingly, this paper made an assessment, though not made a conclusion, about practice and development and practice of citizenship in to four basic periods namely, pre-Emperor Haile Selassie, Haile Selassie, Derg and the EPRDF.rnrn
Keywords: Citizenship; citizenship rights; Nationality; Citizen; Human rights.
The practice, Adherence and Contravention of Human Rights of Public Sectors Governance in Amhara National Regional States, Ethiopia
by Gizachew Gifayehu
Abstract: One of the basic democratic values which will never be compromised is the human rights of citizens. Accordingly, the basic issues that expected to be seriously considered in public sector governance is the issues of human rights. Cognizant of this, the research investigates the practice, adherence and contravention of human rights during service delivery process of public sectors in Amhara National Regional State (ANRS). In achieving this basic objective, a combination of quantitative and qualitative research approaches was used. To realize this, a combination of both probability (simple and convenience) and non-probability (purposive and quota) sampling techniques was applied. Finally, individual respondents were contacted from customers and authorities of public service providing institutions using convenience sampling. The collected data were analyzed using both qualitative (thematic analysis) and quantitative (Likert Rating Scale) data analysis techniques. After an intensive investigation of primary and secondary data through qualitative and quantitative data analysis methods, the research team conclude that the place and adherence of human rights in public sectors were very fragile and Hereof, the research team recommends that the public sectors need to develop a human rights-based services delivery approach. As per the primary data collected, the study reveals that there are serious human right contraventions which needs to be made a considerable measure to ensure and protect the right to access of customers in public sectors.
Keywords: Good governance; public sector; Public sector governance; human rights; Public service.
Backlog of Cases-Civil & Criminal Justice: A Comparative Study-Bangladesh Perspective
by Md. Milan Hossain
Abstract: Judiciary was separated on 1st Nov.2017 and more than ten years have already gone but no impact of its former separation upon reducing the backlogs in either civil or criminal justice has fallen rather the backlogs have been increased in each year in both cases. This paper has investigated comparatively upon the backlog of cases in civil and criminal justice from year-2008 to year-2016 (particularly judiciary post separation regime) and its impact upon the judiciary. It has also tried to find out the problems behind the backlogs in both systems and focused upon the challenges in reducing backlogs and ensuring civil and criminal justice. Lastly, this article has given a possible solution to reduce the backlogs from civil and criminal justice. In the study, it is found that the number of backlogs is more in civil justice than criminal justice due to many reasons and the people confidence upon the judiciary is questionable due to the culture of absence justice.
Keywords: Judiciary; Backlogs; Civil Justice; Criminal Justice; Bangladesh etc.
Protecting traditional knowledge and traditional cultural expressions through cultural heritage and human rights norms in Colombia
by María Julia Ochoa Jiménez
Abstract: This paper deals with the legal protection of traditional knowledge and traditional cultural expressions through cultural heritage and human rights norms, considering the situation in Colombia. The first part of the paper observes the subject matter from the cultural heritage perspective. The second part sets forth the human rights viewpoint, emphasising some steps taken by the Colombian Constitutional Court. The last part offers a discussion of possible ways to explain some interactions between these two approaches, as well as between them and the intellectual property regime.
Keywords: Traditional knowledge; traditional cultural expressions; indigenous and local knowledge; human rights; cultural heritage; Colombia.