Papers by Shishay A B R A H A Mehari
The FDRE Constitution has empowered the federal and regional governments to exercise their respec... more The FDRE Constitution has empowered the federal and regional governments to exercise their respective powers and functions autonomously. States establish and administer their own police force and maintain public order and peace within their territory. Moreover, the Constitution has included a comprehensive list of human rights. Individuals and groups enjoy such rights within the bound of some limitations. This is true in the period of normalcy. Some odd situations, however, dictate the government to deviate from the rules applicable in ordinary time. Therefore, it is wise to govern such conditions in advance. The Constitution has provided federal intervention and state of emergency as states of exception to cope with inevitable exigencies. However, such exceptions in turn have come up with problems on the autonomy of states and enjoyment of human rights. First, situations that require federal intervention are not sharply delineated from the ordinary situations and are simply left to be determined by the federal government, in many cases. Besides, the measures taken v Acknowledgement Above all, I thank my Lord Jesus Christ and His Mother Saint Mary for Their spiritual help in bringing this work into completion. I would like to express my deepest gratitude to Gedion Timothewos (PhD) for his constructive comments and guidance, and all persons for their valuable research ingredients in the course of doing this research. I am also grateful to my beloved wife Mrs. Leilti Abera (Liyu) and my brother Mulu Abraha (Muller) for their encouragement.
Ethiopia enacted the Computer Crime Proclamation in 2016, aiming to better prevent, protect again... more Ethiopia enacted the Computer Crime Proclamation in 2016, aiming to better prevent, protect against and investigate cybercrimes than what the previously enacted laws did. This Proclamation has had positive and negative implications on the enjoyment of human rights. On one hand, the proclamation protects human rights by punishing perpetrators, and on the other hand, it violates human rights by unduly taking this punishment past the tolerable limit. Although it protects rights to property, security and development by creating awareness about potential offenders and punishing criminals, it has eroded many rights, including the right to privacy, the presumption of innocence, freedom of expression, and access to information. The State's excessive emphasis on development and national and political security resulted in the enactment of laws such as the Computer Crime Proclamation 958/2016, which promotes development and security at the expense of human rights. However, nothing is more precious to human beings than human rights. This paper, hence, recommends revision of the Proclamation so as to sufficiently prevent, control, investigate and prosecute the suspects of computer crimes without infringing the above human rights.
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Papers by Shishay A B R A H A Mehari