1. State obligations in the implementation of human rights

The meaning of state obligation to International Human Rights Instruments are designed in such a way that each right entails a series of obligations of state parties to the instruments. These obligations of the state generally fall under three 'geberuc' obligations - obligation to respect, obligation to protect and obligation to fulfill.

1.1 Obligation to respect:-

This obligation relates to the duty of the state to refrain from violating the standards of human rights set forth in the international documents. For instance, the 'respect' obligation of the state in relation to freedom of movement entails refraining from arbitrary arrest while in relation to the right to life it entails refraining from extra-judicial killing. Moreover it imposes obligation on states to refrain "from identifying or limiting equal access of all persons, including prisoners, minorities, illegal immigrants preventive and curative HIV/AIDS health services and care or abstaining from enforcing discriminatory practices as state policy".

1.2 Obligation to protect:-

This obligation basically involves preventing other actors from infringing the rights. This is more of a 'positive' obligation undertaken in the form of active measures by the state. For instance the obligation to protect the right to life entails punishing murder. ". . . Adopting of legislation to ensure the equal access to health care and health related services provided by third parties; to control the marketing of medicine and medical equipment and to ensure that medical practitioners and other health professionals meet appropriate standards of education, skill and ethical code of conduct" fall within the realm of obligation to protect.

1.3 Obligation to fulfill:-

This is another positive obligation involving state measures to make sure that human rights standards are realized. An example of this obligation may be creating access to basic social services like education and health. It requires states "to adopt appropriate legislative, budgetary, judicial, promotional and other measures for the full realization of human rights."

In considering these generic obligations, two major points need to be taken into account. First, all three forms of obligation pertain to almost all categories of rights. For instance, the implementation of the right to vote involves restraint on the part of the state from interfering with this right (obligation to respect),. preventing others from violating the right (obligation to respect) and creating the necessary contextual framework for the exercise of the right (obligation to fulfill). Second non-discrimination, which is sometimes considered to be a fourth obligation, should give the modality of fulfilling the generic obligations. That is the state should respect, protect and fulfill the rights of everyone without discrimination on the basis of color, gender, religion, ethnic, social or national origin, political opinion property, birth or other status.

2. State measures for the Implementation of the Human Rights

When speaking about the measures taken by states in the implementation of human rights we are referring to the 'positive' obligation of states. These obligations call for the active role of the state. This role is manifested through provision of substantive laws, establishment of administrative institutions and the establishment of an independent and efficient judiciary.

2.1 Provision of laws:-

the rights enumerated in international human rights instruments are stated for the most part in general terms. The effective implementation of these instruments calls for the enactment of subsidiary laws. Almost all international and regional human rights instruments do require same. (See. Art 2/2 of ICCPR, 21 of (CESCR, art 21. of CEDAW). The emphasis on subsidiary laws draws several advantages among which definition of the right, case of application, availability of redress and revision of existing standards are major ones.

a. Definition of the right - the nature of international human rights is such that they tend to provide for rights in general terms. This is derived from the fact that the documents address major areas of human rights in short texts and are results of a series of political, social and cultural compromises (to make them 'universal' and 'realistic' in terms of acceptance and applicability). They define rights broadly without spelling their implications in the various areas of life and multiple contacts. Thus, to make the rights realistically applicable, we need subsidiary laws defining the meaning of the rights in different areas of life and contacts. For instance, the right to property has manifestation in the various areas of human interactions (contract, ownership, transfer, succession, family etc...) and applies differently in different societies (industrial, agrarian,). To have any practical meaning, the broad concept of property rights should be defined by subsidiary laws based on the general guidelines set forth in the relevant human rights instruments.

b. Ease of Application - another advantage of providing subsidiary legislation in terms of implementing international human rights instruments is making them easily applicable in the domestic legal and administrative system. Any legal/administrative system operates within a set of substantive and procedural rules defining entitlements, responsible bodies, jurisdiction, claim procedures etc. Without these rules, the application of any noble principle is at best limited to legislative measures as these rules facilitate the practical application of the rights set forth in international human rights instruments in the day-to-day operations of administrative and judicial institutions.

c. Redress of Violations - the redress of human rights violations does not necessarily depend upon the availability of subsidiary laws. yet, subsidiary laws go a long way in terms of facilitating fair and speedy redress by providing for matters like jurisdiction, procedures and specific remedies. This is particularly of importance in terms of creating criminal responsibility since it is a general principle of criminal law that an act to be an offense should be prescribed by law (and an omission, to be an offense, should be prescribed by law).

d. Revision of existing legislative framework - it is often the case that the existing legislative framework has partially covered the rights incorporated in international human rights instruments. This is likely to create a tendency among those holding the power and responsibility to apply and interpret the law to have recourse to the existing subsidiary laws in preference to the international human rights instruments. On the other hand, the reform of the existing legal-administrative framework in light of the principles and specific rights set forth in the international human rights instruments will create this tendency and realize the implementation of international human rights instruments.

2.2 National Institutions for the Implementation of Human rights

2.2.1 The Emergency of national Institutions:-

The implementation of human rights heavily relies upon national governments since human rights ultimately involve the relationship among individuals or between individuals and the state. Measures to implement human rights at the national level involve the provision of adequate legislation, an independent judiciary and the creation of other relevant institutions. In this section, we will examine the institutional aspect: institutions whose functions are specifically defined in terms of the protection and promotion of human rights. Here the establishment of the regular law enforcement structure (the prosecutors office , the police etc.) has not been included so as to focus on the judiciary and specialized executive agencies.

The need for the establishment of national structures was felt internationally as early as 1946 when the Economic and Social Council addressed the issue. In 1978, the UN Commission on Human Rights conducted a seminar on national and Social Institutions for the Promotion and Protection of Human Rights which came up with a set of suggested guidelines for the establishment of these institutions. The Commission on Human Rights and the General Assembly later endorsed the comprehensive set of recommendations drawn up at the end of the workshop. The recommendations relate to the competence and responsibility, composition and guarantees of independence and pluralism, and methods of operation of these institutions (Resolution A/RES 148/134).

2.2.2 The meaning of National Human Rights Institutions:-

At the beginning of this section, we have identified that national human rights institutions are those institutions whose functions are specifically defined in terms of the promotion and protection of human rights. A more detailed definition drawing upon prevalent similarities among national human rights institutions in various countries incorporate the following elements.

a. They are administrative in nature (as opposed to judicial and legislative);

b. Their authority is advisory, i.e., providing recommendations and opinions;

c. They are usually established by legislation although some constitutions provide their establishment; and

d. They are affiliated to the executive branch with some degree of independence.

The most common national human rights institutions are the ombudsman and the human rights commission. Other institutions, called specialized national institutions, are established to promote and protect the rights of specific groups or specific rights. Human rights commissions are independent commissions established to ensure that the laws and regulations concerning the protection of human rights are effectively applied. members to these institutions are composed in line with their independence. The actual powers of commissions are determined by legislation in each country. However, human rights commissions are typically empowered to investigate and resolve complaints of violations in an extra judicial manner. The commissions also participate in improving government policy regarding the promotion and protection of human rights through regular reporting and recommendations, raising the level of public awareness about human rights and educating violations prone groups.

The ombudsman, who may be a person or a group, is established by legislation to deal with complaints of unjust treatment by the public administration. The ombudsman will investigate individual complaints falling under its authority and submit recommendation to the parties and report to the legislative body. The ombudsman usually accepts complaints once all legal resort is exhausted. Although the major aim of the ombudsman is fairness and legality in public administration, the institution is being increasingly engaged in human rights promotion and protection.

3. Implementation of Human Rights in the Ethiopian legal System

3.1 Human rights in the Ethiopian legal System:-

The Ethiopian Human Rights regime basically consists of international instruments ratified by Ethiopia and the human rights provisions of the constitution. Ethiopia has ratified all the major international (and regional) human rights instruments including the UDHR, ICCPR, ICESCR, CEDAW, the International Convention on the Rights of the Child (ICRC) and the African Charter on Human and peoples Rights. These instruments set down international standard for the protection and promotion of human rights.

Besides the above set of international and regional instruments, the FDRE Constitution dedicates Chapter III to fundamental rights and freedoms. The rights set forth in the text of the Constitution cover civil, political, economic, cultural, social, environmental and developmental rights. The document emphasizes that 'Human rights and freedoms emanating from the nature of mankind, are inviolable and inalienable' (article 10/1).

The ratification of international and regional agreements and recognition of specific rights under the domestic supreme law go a long way in integrating basic principles and standards of human rights in the domestic legal system. yet, the actual implementation of human rights requires additional measures making the principles and standards realistically and uniformly applicable so the citizens can benefit from recognition of the rights. To this end, the provisions of international human rights instruments and their countries' constitutions bind states.

3.2 The Ombudsman and human Rights Commission in Ethiopia

3.2.1 Human Rights Commission:-

A human rights commission has been established in Ethiopia under proclamation no. 210/2000. This proclamation was issued as per sub-articles (1) and (14) of article 55 of the FDRE Constitution. The commission provided for under this proclamation is basically a Federal Institution empowered to deal with incidents and issues both at the Federal and Regional level through branch offices to be opened wherever appropriate. In general terms, the commission is expected to work towards increasing the human rights awareness of the public, protecting human rights and taking appropriate measures when violations occur.

The Commission shall:

§ Ensure that human rights provisions of the Constitution are respected;

§ Ensure conformity of laws, regulations and directives with the human rights provisions of the Constitution;

§ Educate the public on human rights;

§ Investigate human rights violations; and

§ Recommend revision of legislation where appropriate;

These specific duties make the commission the guardian of human rights in Ethiopia. But the commission may not investigate cases under consideration by the Federal or Regional legislative and Judicial bodies.

The chief commissioner, deputy commissioner and commissioners forming the council of commissioners head the commission. The commission apparently has commissioners for thematic areas like the Commissioner for Children and Women's Affairs. These commissioners are to be appointed by the Council of peoples Representatives by a two-third majority upon nomination by a committee composed of the speakers of both houses, two opposition representatives, the head of the judiciary and representatives of the major religious groups. Selection of the Commissioners is to be conducted on the basis of some general criteria of integrity set in the proclamation.

3.2.2 OMBUDSMAN

The office of ombudsman has been established by proclamation number 211/2000 as per article 55(1) and (15) of the constitution. The office has been established with a view to ensuring respect of recognized rights and freedoms by the executive organs of government: quality, efficiency and transparent administration and good governance. This involves protection of rights, fighting mal administration and ensuring good governance in the executive.

To fulfill its functions, the ombudsman has been granted a set of power and duties. These include:-

1) Supervising the executive to ensure conformity of directives and decisions with the rights of freedoms of citizens; prevent illegality and mal-administration; and seek remedies;

2) Investigate complaints of mal-administration;

3) Undertake studies and research; and

4) Recommend revision of existing laws, directives, and practices or issuance of new ones to enhance good governance.

But, the establishing law precludes legislative decisions, cases pending in courts of law, cases under investigation by the Auditor General and decisions of the Security Forces and Defense forces relating to matters of national security and defense.

The structure of the ombudsman consists of the Council of the Ombudsman, the Chief Ombudsman, Deputy chief Ombudsman, and the Ombudsman for Women's and Children Affairs, Ombudsmen Heading Branch Offices as well as other necessary staff. The council, composed of all appointed ombudsmen, is the supreme body headed by the Chief Ombudsman. It provides for by laws, budget and regulations of the ombudsman and renders final decisions on cases and staff administration.

Ombudsmen are appointed by a two-third majority of the House of Peoples' Representatives upon nomination by a Committee composed of speakers of the two houses, five members of the house, one member of opposition and the president of the Federal Supreme Court. The basis of appointment includes loyalty to the constitution, relevant training, Ethiopian nationality, good conduct, health and age. Once appointed, ombudsmen can be removed from office upon resignation due to illness, for corrupt practices and other crime, for incompetence or upon termination of appointment when an ombudsman is to be removed due to illness or criminal acts. A special inquiry commission composed of the Deputy speakers of the House of peoples' Representatives and House of Federation, three members of the House of peoples' Representatives, one opposition member and the Vice-President of the Federal Supreme Court will, after investigation, submit recommendations to the House. The House of Peoples' Representatives will give the final decision on the recommendations by a two-third vote.

Source:
1. Introductory Text on International protection of Human rights, University of Montreal (Unpublished).
2. Fact Sheet (4) on Human rights, United nations.
3. The FDRE Constitution.
4. Proclamation 210/2000.
5. Proclamation 211/2000.
6. U.N. Resolution A/RES 148/134.
7. African legal Aid Quarterly January - March 2001.