College of Law and Governance

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    THE PROTECTION OF THE RIGHT OF INTERNALLY DISPLACED CHILDREN IN THE TIGRAY REGION: A CASE STUDY IN SHIRE TOWN
    (Mekelle University, 2025-12-26) Tesfahun Kidanu
    This research examines the protection of the rights of internally displaced children (IDC) in the Tigray region of Ethiopia, focusing on Shire Town as a case study. The study is motivated by the extensive displacement and humanitarian crisis triggered by the armed conflict that erupted in November 2020 between the Tigray People's Liberation Front (TPLF) and the Ethiopian government, alongside allied forces. As of July 2024, more than 878,000 people were displaced in Tigray, over half of them children. Despite Ethiopia‟s ratification of key international and regional child rights instruments, displaced children in Shire Town continue to experience serious violations of their rights. The research analyses the legal and institutional frameworks at the international, regional, and national levels, identifying significant gaps in their implementation. The study also critiques the humanitarian response as insufficient to meet the needs of displaced children, and notes the lack of durable solutions due to lack of political will, insecurity, and continued occupation of lands belonging to the IDPs. The findings of this research underscore the urgent need for stronger legal protections, expanded humanitarian assistance, family tracing and reunification, and durable solutions shall be implemented to move them from reliance on humanitarian aid toward self-sufficiency and resilience. This research offers timely insights for policymakers and legislators while contributing to academic literature on child protection in displacement. The research concludes that both the Ethiopian government and the international community must take coordinated and sustained action to address the rights and needs of internally displaced children in Tigray, ensuring their protection, development, and dignity in accordance with international standards.
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    The Application of International Human Rights Law in Unrecognized Entities under International Law: the case of Somaliland
    (Mekelle University, 2025-12-26) Suhaib Ahmed Hassan
    Somaliland, an unrecognized de facto state in East Africa, controls its own territory and has all the governmental structures necessary to govern its people. However, it is not a member of the United Nations, the African Union, or other international organizations, and it does not have the capacity to participate in signing international human rights treaties. As a result, it lacks opportunities to voice its ideas and opinions in the international arena. One major issue is the lack of recognition, which prevents it from directly entering the international legal system and becoming part of international human rights treaties. Therefore, the main research question I addressed in this thesis was: “How do unrecognized de facto states apply international human rights laws, especially in the case of Somaliland?” In this study, we explored how Somaliland has developed its own principles through its constitution and legislative acts, using these mechanisms to align with international human rights laws. The primary research objectives are to examine the international human rights obligations of unrecognized de facto entities and to analyze how Somaliland implements international human rights law within its national policies, standards, legislation, and institutional mechanisms. In conclusion, this thesis argues that unrecognized de facto states should have a role and a voice in the implementation of international human rights law, as they are the most effective governing authorities within their territories.
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    From Atrocities to Accountability: Transitional Justice and the Prevention of Future Violations in Post Conflict Tigray
    (Mekelle University, 2025-12-26) Melaku Medhaniye Gebremedhin
    This thesis examines the role of transitional justice in preventing the recurrence of mass atrocities in post-conflict societies, with specific reference to the Tigray War in Ethiopia and a localized case study of Seharti Wereda. The study is grounded in international human rights law, international criminal law, and transitional justice theory, and is informed by empirical data collected through field research, including in-depth interviews with victims, community members, and local actors affected by the conflict. The research analyzes the nature and patterns of serious violations committed during the Tigray War, including killings, sexual violence, forced displacement, and destruction of civilian infrastructure, and evaluates the extent to which transitional justice mechanisms—such as criminal accountability, truth-seeking, reparations, and institutional reform—can contribute to preventing future atrocities. Particular attention is given to the gap between normative legal frameworks and lived realities at the community level, highlighting the experiences of victims in Seharti Wereda. Using a qualitative legal methodology complemented by empirical findings, the thesis argues that transitional justice can play a meaningful preventive role only if it is victim-centered, context-sensitive, and supported by genuine political will. The study further finds that the absence of accountability, persistent impunity, weak institutional capacity, and limited victim participation undermine both justice and prevention objectives. The thesis concludes that Ethiopia‘s ongoing transitional justice process presents an important opportunity to address past atrocities and reduce the risk of recurrence, but only if it is implemented in a manner that integrates international legal standards with local realities. The study contributes to scholarly and policy debates by offering grounded insights into how transitional justice can function as a preventive mechanism in post-atrocity contexts.
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    Examining the Role of the African Commission on Human and Peoples’ Rights (ACHPR) in Responding to Human Rights Violations: A critical Analysis of Gross Human Rights Violations during the Tigray War
    (Mekelle University, 2025-12-26) Goitom Meuz Hagos
    he outbreak of the armed conflict in Tigray in 2020 was marked by grave human rights violations. Numerous reports documented extrajudicial killings, sexual and gender-based violence, forced displacement of civilians, starvation as a method of warfare, and the obstruction of humanitarian access. These grave human rights violations raised urgent concerns regarding accountability and exposed the inadequacy of existing human rights protection mechanisms at regional level. The conflict in Tigray therefore serves as a critical test of the legal and institutional capacity of the African Commission on Human and Peoples’ Rights to respond to grave violations of human rights committed in situations of armed conflict. Within the African human rights system, the African Commission on Human and Peoples’ Rights is the principal body mandated to promote and protect the rights guaranteed under the African Charter on Human and Peoples’ Rights. This thesis examines the role of the African Commission on Human and Peoples’ Rights in responding to grave human rights violations committed during the Tigray armed conflict. It then critically evaluates the effectiveness of the African Commission on Human and Peoples’ Rights in preventing and addressing these grave violations of human rights, particularly in light of its mandate under the African Charter on Human and Peoples’ Rights. In addition, the study examines the legal and institutional challenges that constrain the African Commission in fulfilling its responsibilities, thereby providing a critical analysis of the Commission’s capacity to address grave violations of human rights during the Tigray armed conflict. In this study a doctrinal research methodology is employed to examine the main research questions throughout the research.
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    Human Rights Protection in the Tigray Conflict: Examining the Role of International and Regional Institutions
    (Mekelle University, 2025-12-26) Bethlihem Tadelle Gidena
    This thesis critically examines the role and effectiveness of international and regional institutions, specifically the United Nations (UN), the African Union (AU), and Ethiopian human rights bodies, in protecting human rights during the Tigray conflict (2020 to 2022). It explores how these actors responded to widespread and systematic violations, including extrajudicial killings, sexual violence, forced displacement, and deliberate starvation, and evaluates the adequacy of their interventions against their legal mandates. Using a doctrinal legal research approach combined with empirical case studies and critical theory, the study analyzes institutional actions, political dynamics, and operational constraints. Primary sources include the EHRC and OHCHR joint investigation, reports by Amnesty International and Human Rights Watch, and humanitarian updates from OCHA and UN agencies. Comparative analysis with other conflict contexts, including Darfur, the Central African Republic, and Syria, provides lessons on institutional neutrality, accountability, and responsiveness. Findings reveal that responses by the UN and AU were largely inadequate, delayed, and politically constrained, undermining their credibility and effectiveness. While initiatives such as the joint investigation and AU led peace talks were undertaken, they were reactive and lacked urgency. Local civil society and survivor led advocacy played a critical role in documentation and awareness but faced severe repression and resource limitations. The absence of robust accountability mechanisms, such as ICC referral or hybrid tribunals, has perpetuated impunity and deepened the trauma of victims. The study concludes that the Tigray conflict exposes systemic weaknesses in global and regional human rights protection frameworks. It recommends reforms to strengthen institutional independence, operational capacity, and early warning systems; empower local actors; and establish credible accountability mechanisms, including hybrid courts and survivor centered transitional justice processes. Ultimately, this research underscores the urgent need for structural reforms to ensure timely, impartial, and effective protection of human rights in future conflicts.
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    Exploring Legal Gaps and Practical Challenges in Resolving Electronic Banking Disputes in Ethiopia: A Case Study of Mekelle City
    (Mekelle University, 2025-12-01) Kinfe Gebreyohans
    It is undeniable that e-banking offers major benefits—not just for customers and banks, but for the economy as a whole. But that does not mean it is perfect. In fact, disputes related to e-banking are becoming more frequent and complex in Ethiopia. This study looks at whether the current legal system in Ethiopia is equipped to handle these kinds of disputes and explores the real-world challenges involved in resolving them. To do this, the research uses both doctrinal and empirical types, following a qualitative approach. One of the key findings is that Ethiopia does not yet have a comprehensive legal framework or a dedicated forum specifically focused on resolving e-banking disputes. The existing laws do not clearly lay out how these disputes arising between and among customers, banks, and interbank should be handled. Beyond the legal gaps, there are also serious practical challenges. These include low customer awareness about how to handle e-banking problems, a lack of alternative dispute resolution institutions, poorly trained professionals in the field, outdated procedural rules, and the limited ability of the National Bank of Ethiopia (NBE) to get involved in dispute resolution. On top of that, many banks tend to shift the burden of liability onto customers, and the country still struggles with weak technological infrastructure and poor systems to prevent cybercrime and fraud. Given these issues, the study recommends that the Ethiopian government develop a dedicated legal framework tailored to the unique and fast-changing nature of e-banking disputes. It should also set up a specialized body or institution to deal with such disputes independently. The NBE and commercial banks need to lead the way in pushing for these reforms. Banks should take steps to raise customer awareness about e-banking and options available for resolving issues. At the same time, they should adopt stronger security and fraud prevention standards.
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    Opportunities, Challenges and Prospects of Tigray Investment and Export Commission in Promoting Investment in Tigray
    (Mekelle University, 2025-10-24) Fitsum Gebretsadik
    The attraction of investment generally and FDI particularly requires putting in place an independent and more effective institutional setup in the region. Having this need in mind, TIEC has been established to administer the entire investment activities of the region by proclamation no 319/2011 E.C. This research critically examines the opportunities, challenges, and prospects of TIEC in promoting investment in Tigray. It has employed predominantly empirical qualitative methodology in that legal instruments, key informants’ interviews, questionnnaieres, focus group discussion and personal observations which are the major source of the data. Findings of this research show that finding land to be placed in investment land bank, allocation of budget for compensation, administration and monitoring FDI in the region and its institutional arrangement of the commission are the leading challenge of TIEC in promoting investment in Tigray. Finally, the researcher forwarded recommendations in that annual budget should be allocated to the TIEC to compensate the displaced persons and it is better for the TIEC to have full power in finding land for investment. It also forwarded that amendment of the current investment proclamation is needed to enable the TIEC to have the power of administrating FDI in the region by delegation and the structural arrangement of TIEC must include highly qualified experts of environmental impact assessment team that undertake the duty of assessing on matters relating to environmental impact assessment issues of the investment projects.
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    ASSESMENT OF LEGAL GAPS AND PRACTICAL PROLEMS IN GOVERNING TWO - Member PLCs IN ETHIOPIA
    (Mekelle University, 2025-12-01) DESTA HAFTU
    Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. It involves balancing the interests of a company’s many stakeholders, such as shareholders, management, customers, suppliers, financiers, government, and the community. Effective corporate governance is crucial for a company's success and sustainability. It enhances transparency, accountability, and fairness, which can lead to increased investor confidence, improved operational efficiency, and better access to capital. Poor governance, in contrast, can lead to corporate scandals, financial instability, and loss of public trust. A corporate governance deadlock occurs when there is an inability to reach a consensus or make decisions on key company matters. This is a particularly critical issue in companies with two parties holding an equal 50% share each. This ownership structure is highly susceptible to deadlocks as neither party has the majority vote to override the other's objections. Such deadlocks can arise on various issues, including strategic decisions, operational changes, financial allocations, or the appointment of key personnel. The resulting paralysis can have severe consequences, hindering business growth, creating operational inefficiencies, and potentially leading to the company's dissolution. This thesis examines the issue of corporate governance deadlock in two-party companies where each party holds a 50% ownership stake. It delves into the specific problem of a governance deadlock, which is an inherent risk in equal-ownership structures. The thesis examines the adequacy of the legal framework governing two-member PLC structures in Ethiopia, identifies legal and governance gaps and challenges specific to two-member PLCs, analyzes how disputes and deadlocks are currently handled under Ethiopian law, explores comparative legal approaches to governing two-member PLCs. Using a combination of theoretical analysis and case studies, this study aims to provide a comprehensive guide for managing and mitigating the risks associated with 50/50 shared PLCs, offering practical solutions for policymakers, legal practitioners, and business owners. In general the commercial code has no tailored legal provisions specifically designed to address two-shareholder deadlocks. Accordingly, the thesis tries to recommends that the commercial code should be amended to incorporate provisions that provide solutions for deadlock such as giving courts the power to give tie-breaker decision, buyout solutions, to appoint custodian. Or alternatively a regulation or a directive that deals with deadlock resolution should be issued. Further the relevant government should prepare a model memorandum of association that incorporates solutions to possible deadlocks.
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    Exploring the Socio-Economic Challenges of Irregular Migrants/Migration: A Case Study of Zalambesa Town, Tigray, Ethiopia
    (Mekelle University, 2025-08-28) Yared Birhane Haileselassie
    This thesis investigates the multifaceted socioeconomic challenges of irregular migration in Zalambesa Town, Tigray, a region profoundly affected by recent conflict and long-standing economic devastation. This study explored the tangible socioeconomic challenges of irregular migration on migrants, their families, and the wider community. Employing a mixed-methods research design, this study triangulates quantitative data from questionnaires with 50 participants and qualitative data from 25 in-depth interviews, three focus group discussions (18 participants), and 15 key informant interviews. The study reveals that irregular migration from Zalambesa is primarily driven by economic desperation, stemming from a severe lack of local employment opportunities and pervasive poverty. This situation creates a multitude of overwhelming challenges for the community. Economically, this migration frequently results in crippling debt for migrants and their families. While remittances offer some financial relief, they often foster disruptive dependency, exacerbate economic inequality, and deplete the local labor force. Socially, irregular migration contributes significantly to family fragmentation and places a disproportionate burden of responsibility on women. It further erodes community cohesion and, critically, devalues education, thereby threatening the emergence of a "lost generation." Institutionally, responses to irregular migration are perceived as largely ineffective. This ineffectiveness is attributed to a significant policy-implementation gap, where top-down policies consistently fail to address the fundamental economic root causes of the issue. In conclusion, irregular migration in Zalambesa is not a sustainable solution but rather a symptom of a deeper structural crisis. This creates a vicious cycle where the negative consequences of migration paradoxically intensify its initial drivers.
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    Assessment of Good Governance in Land Administration in Raya Alamata Woreda
    (Mekelle University, 2025-08-28) Tsehayu Seyum Mengesha
    This study assessed the practice of good governance in land administration in the Raya Alamata Woreda of the Tigray National Regional State, focusing on accountability and transparency as key indicators. The research involved purposive selection of land administration bodies and their respective Tabiyas—specifically Tabiya Garjale, Tabiya Tao, Tabiya Timuga, and Tabiya Laelay Dayu. Data collection methods included questionnaires, interviews, and focus group discussions for primary data, while secondary sources comprised relevant journals, books, and reports. A total of 154 respondents participated, providing a comprehensive overview of current land governance practices. The findings revealed significant challenges impacting good governance in land administration. Major issues included lack of accessibility to information, unclear rules and regulations, and inadequate data management. Additionally, factors such as discrimination, corruption, political influence, and insufficient commitment emerged as critical obstacles. The study highlighted minimal levels of transparency and accountability within the land administration framework, emphasizing the urgent need for systemic improvements to enhance governance. To address these challenges, the Woreda government must enhance collaboration with the Tigray Regional government and the Anti-Corruption Commission. Key recommendations include developing clear guidelines, employing qualified experts, and offering training, and providing adequate incentives for land administration personnel. Strengthening checks and balances within the system, alongside prominently displaying principles of good governance in all land administration offices, will be crucial for improving governance in this section