International Journal of Human Rights and Constitutional Studies (5 papers in press)
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.
Digital Transformation of Society and Economy Ethical Considerations from a Human Rights Perspective
by Peter Kirchschlaeger
Abstract: The digitalization, robotization, and automatization of society and economy, along with the use of artificial intelligence embrace chances and challenges from an ethical perspective. In health care, for example, the robotized support of humans with disabilities empowers them to live an autonomous life; financial markets benefit from higher speed, data-volume, and greater precision for their transactions; innovative business-models open new horizons and contribute to progress; technology-based economic processes relieves humans empowering them for other tasks. At the same time, digital transformation will lead to a substantial loss of paid jobs because technological systems create fewer costs than human employees, and this is due to self-learning systems requiring less human input then former technologies pushing earlier transformative processes. The reduction of the paid labor-market will provoke a lack of sources of income, of financial means for social welfare, of structuring daily life, of purpose of life, and of the self-understanding of humans. Beyond that, it will contribute to the widening of the gap between rich and poor because less people are directly involved economically and socially in a more efficient and more effective value-creation-process.rnDue to their moral capability, humans remain liable for technological development. This ethical responsibility cannot be delegated to technologies because technological systems do not possess moral capability to autonomously define moral norms which are universalizable. Technological progress must receive its ethical orientation from humans. Ethics must, therefore, interact continuously with technological progress.rnIn this article, in a first step, ethical principles serving the ethical assessment of the digitalization, robotization, and automatization of society and economy, as well asthe use of artificial intelligence (more generally) will be introduced. Secondly, digital transformation will be analyzed from an ethical perspective, and its chances and challenges will be discussed. Thirdly, regarding the challenges, specific solutions will be developed from an ethical standpoint.rn
Keywords: digitalization; robotization; automatization; artificial intelligence; ethical perspective; digital transformation; moral capability; humans; technological development; responsibility; ethical orientation; ethics; principles.
Responsibility to Accountability: A Paradigm shift in business and human rights interface
by Aneesha P R
Abstract: When the role of business in society got elaborated due to globalisation, corporations began to have control in the life of the people. Rights of the people, community and other environmental rights began to get adversely affected by the business activities purely based on profit motive and at the expense of the basic rights and interest of the members of the society. Corporate Social Responsibility was developed and evolved in this context to make the corporations more responsible towards society and to contribute to the developmental and welfare measures as a token of gratitude to the society for utilising the natural and other social resources at the expense of all other members of the society. But the whole framework of CSR is built upon a voluntary paradigm and is intended to make the companies duty bound morally. Once the business giants, the transnational and multinational companies, started to have more influence in social affairs because of their huge income, varied labour division roles, interchange of governmental functions with private actors, it turns a threat to the basic rights of the people. The changed neoliberal economy poses new challenges to human rights. Most of the times the business and human rights interface turned to be very threatening depending upon the effectiveness of the national protection, nation states need for money for development, free trading policies and agreements. The situation is too worse in underdeveloped and developing nations. This changed scenario of the neoliberal economy makes the existing human rights protection inadequate and liability standards for the corporations for human rights violations are still indeterminate. This paper is an inquiry into the need of fixing the accountability standards for business corporations in terms of human rights. The study has been done by analysing many real-life experiences from the different parts of the world. A theoretical analysis has been done for proving the need for fixing up the accountability by analysing various articles, case studies, annual reports and other assessments done by various International NGOs and so on. Theoretical and practical limitations of ringing out the accountability standards have also been discussed.
Keywords: corporate accountability; Business and human rights; human rights and business interface.
The citizenship institution in Republic of Kazakhstan: past and future
by Aidana Otynshiyeva, Alua Ibrayeva
Abstract: The significance of citizenship in any legal system is of paramount and copious importance. This article discusses notion, the concept of citizenship and issues of citizenship around KZ legislation. Features of citizenship in KZ are appropriately disclosed. Particular attention is paid to the demands of taking Kazakh citizenship, to the privileges and consequences. The conclusion was that it is worth considering before getting new citizenship or acquiring foreign nationality.
Kazakhstan adopted its Law on Citizenship on 20 December 1991. This law was scheduled to come into effect on 2 March 1992. According to general reports, the law is supposed to recognize the equality of all nationals regardless of social and property status, nationality, religion, political affiliation and other convictions. The law allows ethnic Kazakhs who currently live outside Kazakhstan to return to the land of their forefathers. Approximately three million Kazakhs are believed to reside outside Kazakhstan, many of whom are in China and Mongolia. The law apparently does not recognize dual nationality.
Kazakhs in the diaspora-mainly ethnic Kazakhs and their descendants who fled because of Stalins forced collectivization policies in the 1920s and 1930s-are encouraged returning to Kazakhstan. Any ethnic Kazakh living abroad is entitled to Kazakhstani citizenship and may retain any other citizenship he or she may already have. Anyone else must apply for permission to immigrate and must renounce any other citizenship. Ethnic Kazakh citizens already living in Kazakhstan, as well as non ethnic Kazakh citizens, are not permitted to obtain another citizenship without losing their Kazakhstani citizenship.
Keywords: citizenship; nationality; national identity; membership; individual; and rights.