Oromia Law Journal

Between Law and Custom

Zelalem Tesfaye Sirna, Muradu Abdo Srur — Tue, 07 Jul 2026 00:00:00 +0000

Since 2021, the Mana Murtii Aadaa (Customary Court) has been recognized and institutionalized across the Oromia Regional State of Ethiopia, with a mandate to adjudicate civil matters, petty offenses, and crimes prosecutable upon complaint. The Mana Murtii Aadaa is neither identical to indigenous restorative justice processes nor equivalent to regular state courts. This paper argues that the recognition and establishment of the Mana Murtii Aadaa in Oromia form part of a neo-indigenous movement that draws on key elements of indigenous epistemologies while simultaneously engaging in dialogue with the state judicial system. Consequently, it straddles state law and customary practice, respecting the constitutional order on the one hand, while retaining its restorative and reconciliatory character in transforming disputes and conflicts on the other. The study relies on primary data collected through key informant interviews with three senior judges of the Oromia Supreme Court, five focus group discussions, and observations of Mana Murtii Aadaa proceedings in Sululta Sub-City of Shaggar City. The paper finds that its establishment has created a space for innovation on the one hand, while also generating skepticism among scholars and stakeholders on the other, particularly regarding its validity, viability, and relevance within the country’s judicial system. Moreover, the impact of the Mana Murtii Aadaa on advancing access to justice and promoting women’s rights remains to be fully assessed. Nonetheless, the study concludes that the emergence of the Mana Murtii Aadaa represents a novel and evolving customary judicial development toward a restorative, reconciliatory, and inclusive justice model.

Seerota Gadaan Dubartiif Tume

Kaamil Mohammad Abbaadiimaa, Taaddasaa Jaallataa Jiraataa, Darajjee Fufaa Biduu — Tue, 07 Jul 2026 00:00:00 +0000

This article investigates and analyzes Maccaa Gadaa laws made to defend women from violence and maintain their rights. It uses both primary and secondary data sources. The primary data were collected through observations, interviews, and focus group discussions. Secondary data were collected from published and unpublished sources. Both were described and analysed qualitatively. The findings show that egalitarian and inclusive laws are declared on Gadaa assembly. The mass assemble, forward issues, suggest ways, oppose, alter or amend what is believed incongruent, support what is believed appropriate to the natural laws. Then a delegated member declares the consented on laws to be applied as laws of humans, animals, plants, and the whole natural environment. Within these, specific laws are declared and amended to defend and maintain the places of women or girls. These laws pass from generation to generation orally. Hayyuu seeraa are lawyers or legal experts possessing knowledge of laws and ways of applying them on specific cases. Laws also safeguard institutions of women and girls enabling all to participate on the occassions of addooyyee and ateete. Such laws are especially strict in protecting pregnant and breast-feeding women. In conclusion, the results illustrate being from the grassroots, the laws of Gadaa system are fair, objective, egalitarian, considerate, and well balanced to create equitable society. Gada laws are potential resources for present-day legislative processes.

Subnational Constitutional Interpretation and Protection of Human Rights in Ethiopian Federation

Teferi Bekele Ayana — Tue, 07 Jul 2026 00:00:00 +0000

It is widely accepted that a federal state structure promotes protection of human rights due to its defining features, such as possibility of offering liberal constitutional interpretation at the subnational level. This article examines to what extent the protection of human rights is expanded in Oromia through liberal constitutional interpretation in the Ethiopian federal system. Methodologically, it relies on doctrinal analysis of the federal and the Oromia constitutions, relevant laws, insights from other countries (mainly, the USA, Switzerland, Spain, and Bosnia and Herzegovina), constitutional decisions, and limited interviews. The article concludes that expanding the protection of human rights through liberal constitutional interpretation in Oromia is not promising as the body entrusted with the task, the Constitutional Interpretation Commission is not impartial and lacks the necessary resources. In addition to this, its scope of review is limited to ex post, and its relationship with the federal constitutional interpretation body, the House of Federation is not well-regulated. Hence, the article recommends the implementation of constitutional and extra-constitutional reforms, which are essential to realize expanded protection of human rights in Oromia through liberal constitutional interpretation.

Navigating the Legal Gap

Eshetu Yadeta Temesgen , Muradu Abdo Srur — Tue, 07 Jul 2026 00:00:00 +0000

This research examines the divergent legal and administrative frameworks governing the adjudication of informal housing in four Sub-Saharan African countires (Ethiopia, Kenya, Tanzania, and South Africa). Utilizing a comparative qualitative approach (Socio-legal research), the study investigates how different constitutional mandates and judicial structures influence tenure security and the rule of law for the urban poor. The comparative analysis reveals a critical legal paradox in Ethiopia: the state’s power to regulate land often overrides its constitutional duty to protect property built with labor and capital. The study further highlights how the absence of independent judicial oversight in Ethiopia fosters procedural irregularities, corruption, and high vulnerability for residents, particularly in politically sensitive areas like Shaggar City. The research concludes that while Kenya and South Africa prioritize "substantive justice" over legal technicalities, Ethiopia’s reliance on administrative circulars effectively bypasses judicial review. To enhance property rights protection, the study recommends that Ethiopia adopts elements of the Kenyan specialized court model or the Tanzanian grassroots integration strategy to bridge the gap between state power and citizen rights.

The Scope of Application of Trade Competition Law in Ethiopia

Dagnachew Mekonnen Asfaw — Tue, 07 Jul 2026 00:00:00 +0000

This paper offers a critical analysis of the application scope of Ethiopia’s Trade Competition and Consumer Protection Proclamation No. 813/2013 within the broader economic policy frameworks. The paper principally adopted qualitative doctrinal methodology to analyze policies, and interpret relevant rules and principles. It is also supplemented by very brief comparative insights to look for good practices as far as the scope of competition is concerned. The paper concludes that the law is not bold or explicit enough in subjecting state backed SOEs economic operators in competition law scrutiny and uniform application of laws to them. Moreover, ambiguities regarding regulatory coverage and the failure to expressly address digital and transnational trade could limit its applicability to traditional businesses which do not reflect modern commercial realities. Finally, this paper recommends legal and policy revision to clarify the term "business person" to boldly encompass SOEs, narrow down the exception clauses, Arts. 4(2) and 4(3) of the scope clause of the law, and expand the regulatory coverage of the law to encompass digital transaction and expressly indicate its applicability to cross-border businesses in general and foreign businesses having impact in Ethiopia.

Green Taxation As an Emerging Tool for the Protection of the Environment and the Realization of Human Rights

Alemu Balcha Adugna — Tue, 07 Jul 2026 00:00:00 +0000

Environmental degradation and climate change pose serious threats to the enjoyments of the fundamental human rights, particularly in developing countries including Ethiopia. Green taxation is a fiscal policy tool, grounded in the polluter pays principle that seeks to internalize the Environmental externalities by discouraging harmful products/activities while promoting sustainable alternatives through fiscal incentives. This approach has proven effective in addressing environmental pollution and the realization of Human Rights. This article examines the legality and feasibility of green taxation within the Ethiopian legal framework as a tool for environmental protection and the realization of human rights. The research uses a doctrinal legal research methodology to provide an in-depth analysis of the subject. The study found that while Ethiopia's laws, such as the FDRE Constitution and the Environmental Policy of Ethiopia (EPE), enshrine the right to a clean environment and adopt the "polluter pays" principle, the existing tax regimes largely prioritize revenue generation and rely predominantly on incentive-based mechanisms rather than comprehensive green taxation frameworks incorporating punitive environmental taxes. In particular, the absence of explicit carbon, pollution, and resource taxes limits the effective implementation of the polluter-pays principle. The article argues that a coherent, rights-based green taxation framework is both legally permissible and practically feasible in Ethiopia. Accordingly, the article recommends that Ethiopia should adopt a multi-pronged green taxation system by enacting a dedicated legal framework and integrating environmental goals into existing tax laws. It further suggests implementing punitive taxes on hazardous products and increasing public awareness to ensure effective enforcement and compliance.

Jurisdiction over Offence of Illicit Trafficking of Dangerous Drugs

Fesseha Negash Fantaye — Tue, 07 Jul 2026 00:00:00 +0000

This case analysis has examined the position of Federal Supreme Court Cassation Division and legal standings on the jurisdiction over offence of producing, making, trafficking in or using poisonous or narcotic and psychotropic substances. The fact of the case is that the Shager City High Court decided the case under examination in its first instance jurisdiction and its appeal was confirmed by the Oromia Regional State Supreme Court. Nonetheless, The Federal Supreme Court Cassation Division held the Shager City High Court has no jurisdiction over the offence under discussion and reversed the lower courts’ decision. In this comment the later court’s interpretation is analysed. The analysis revealed that, unlike proclamation No.25/1996 and its amendment Proclamation No. 1234/2021 has mandated other appropriate laws to allocate the jurisdiction over offences among the tiers of the Federal Courts. The proclamation extended to searching for appropriate laws in determining jurisdiction of courts. Appropriate laws envisioned in the proclamation, refer but not limited to the Criminal Procedure Code of 1961. Article 4(1) of this code states the courts mentioned in the third column of the first schedule to this code shall have jurisdiction to try the offences mentioned in the first and second columns and impose the punishments provided by law. The First Schedule of the Code exhaustively stipulated the jurisdiction over offences for offences covered in the Penal Code of 1957. The act of illicit trafficking of dangerous drugs was criminalized under article 510 of Penal Code of 1957 as well as under article 525 of the Criminal Code. Once identified as offence covered in the Penal Code of 1957, to determine jurisdiction over it, one should consult the First Schedule of the Criminal Procedure Code of 1961. Pursuant to this schedule, the jurisdiction over this offence was allocated to Awradja court. Currently this offence is allocated to the Federal first Instance Court and constitutionally delegated to the Regional States’ High Courts for those committed in Regional States. Owing to this, the analysis proves the Shegar City High Court and the Oromia Regional State Supreme Court decided the case under examination according to the law, while Cassation Division flawly held that the Shegar City High Court decided without its jurisdiction. Moreover, the analysis articulated that the division, without following proper steps of pinpointing the jurisdiction of the Federal Courts by consulting appropriate laws, the cassation has erred by stripping the power to entertain the offence from state high court [Shegar City Court]. Moreover, it is indicated that the holding of the division limited the appeal rights by reducing appeal state from two to one. As a result, the author argues that the Federal Supreme Court’s Cassation Division misinterpreted the jurisdiction over offences of article 525 of the criminal code. This misinterpretation need to be rectified by cassation itself by reviewing it by seven cassation judges.