The purpose and potential of freedom of association in Ethiopia

Negesse, Kelali Kiros

The purpose and potential of freedom of association in Ethiopia

Files

SWP 14 Final Negesse Ethiopia.pdf(1.33 MB)

Published Version

Date

2024-03-01

Authors

Negesse, Kelali Kiros

Publisher

School of Law, University College Cork

Abstract

The freedom of association is one of the rights recognized in the Constitution of the Federal Democratic Republic of Ethiopia (FDRE), 1995. In addition, the country is party to some of the major international conventions which recognize the ‘right to freedom of association’. In the Constitution, the right is recognized under article 31 which provides the general content of the right, and under article 42 which recognizes the freedom of association of workers. The constitution, under article 31, provides that every person has freedom of association for any cause or purpose. However, organizations formed, in violation of appropriate laws are prohibited which signifies that the law maker, the House of Peoples Representatives,1 is in charge of delimiting the content of the right in action. The constitution except for recognizing the freedom of association does not provide sufficient guiding details regarding the exercise of the freedom. This makes the provision subject to manipulation by the government. The repressive nature of the government in Ethiopia would mean that the enjoyment of this right by civil societies, political organizations, workers, employers, etc is in jeopardy. Despite its pivotal significance, freedom of association is one of the least studied subjects in Ethiopia. This article seeks to patch a gap in the research on the freedom of association in Ethiopia by examining the purpose and potential of the right revisiting its legislative history, discussing relevant cases, statutory laws , and other sources. In order to properly address the subject matter, the paper is structured into five parts. The first part of the paper outlines the origin and development of freedom of association in the historical, cultural, and political context of Ethiopia. In the second part, the paper provides a review of the major contents of national and international legal norms governing freedom of association in Ethiopia. In part three, the article critically evaluates the restrictions to freedom of association in light of the rationale for protection of the right. Part four makes an analysis of the major court decisions concerning freedom of association. In this part, the paper provides an extensive critique of the compatibility of court decisions with the constitutional protection of the freedom of association and reviews their impact on the protection of freedom of association in Ethiopia. The paper culminates with a conclusion.

Keywords

Freedom of association , Ethiopia

Citation

Negesse, K. K. (2024) 'The purpose and potential of freedom of association in Ethiopia', Societās Working Paper 14/2024 (20pp). Cork: School of Law, University College Cork.