An inquiry in to the Ethiopian human right commission Establishment proclamation (as amended): the added Mandates, and its compatibility with paris principles A comparative approach

Abstract

The Ethiopian Human Rights Commission establishment proclamation is recently amended as the previous proclamation establishing the Commission had many deficiencies that fell short of the Paris Principles relating to the status of NHRIs. These Principles include the need for a broad mandate and power, independence in appointment and removal procedures, an adequate budget and resources, accessibility, a diversified and pluralistic composition, a stable term of office, cooperation with other organs, and others. In fact, the amended proclamation added many new mandates aimed at promoting and protecting human rights over the previous proclamation in addition to improving the existing challenges. Nonetheless, it is necessary to reassess the consistency of this new amendment with other relevant laws. It is also important whether the amended law is still compatible with the Paris Principle, in terms of the existence of a broad mandate, independence in the appointment and removal procedure of the commissioners, a pluralistic and diverse composition and the Commissioner's term of office. To that end, the study used doctrinal and qualitative research methodology and methods to analyze various literatures containing authorities’ sources for the establishment of NHRIs. The comparative method of data analysis is employed to assess the adequacy of Paris Principles in regulating the subject and to draw the best practice of foreign jurisdiction. The Kenyan National Commission on Human Rights and the South African Human Rights Commission have been chosen for comparison. According to the findings of the assessment, there is inconsistency between the amended proclamation and the Ethiopian Electoral and Political Parties Code of conduct Proclamation in the implementation of human rights protection in the context of election. Lack of broad mandate, the domination of government representative in the composition of special inquiry tribunal in removal procedure of the Commissioners, which is the most dangerous procedure to independence found to be in contradiction with Paris Principle. The involvement of government officials with key decision-making capacity in the appointment procedure, the commissioners' unlimited reappointment, and the lack of a diverse and pluralistic composition remained below the minimum standards of the Paris Principle and foreign experience; despite the purposes of amended law and the current Ethiopian Human Rights Commission accreditation status claims otherwise.