Assessment Of The Ethiopian Human Rights Commission Vis-a-vis The Paris Principle Of Autonomy From Government The Law And The Practice

This study seeks to critically assess the practice of EHRC vis-à-vis the Paris Principle ofrnAutonomy from Government. It examines the law and the practice so as to identify and highlightrnthe major challenges faced by EHRC in establishing and maintaining autonomy/independence.rnDocument analysis was the main research tool utilized to garner data from secondary sources.rnThis method was supplemented with in-depth interviews to collect primary data on the practice.rnAlso, the researcher drew on his first-hand, extensive experience of the practice. Independencernin the NHRI context is a multifaceted concept embracing legal and operational autonomy,rnfinancial autonomy, independence concerning appointment and dismissal procedures,rnindependence through pluralism and composition, and independence with regard to privilegesrnand immunities. The study found that, despite its relatively broad mandate and efforts to achievernits objective, EHRC faced numerous challenges of independence. A few of the key findings are:rnthe EHRC Establishment Proclamation No. 210/2000 has some substantive deficiencies, as itsrnprovisions pertaining to the different layers of independence are inexplicit; the criteria forrnappointments and dismissals laid down in the Establishment Proclamation are inadequate; thernpractice showed some deviation from the law; the Establishment Proclamation could not insulaternthe appointment process against political interference and manipulation which remains arnmenace to EHRC’s independence from the Government who used to impose political appointees;rnand political links seemed to be an unspoken prerequisite for appointment as leaders of EHRC.rnWithout adequate autonomy, a NHRI is at the mercy of the Government. It is thus recommendedrnthat EHRC must carve out an independent place for itself in promoting and protecting humanrnrights nationally. Particularly, it is proposed that EHRC in cooperation with the HPR mustrnexpedite the ongoing process for the revision of the Establishment Proclamation so that it will bernprovided with adequate resources to discharge its responsibilities effectively, independently andrnin full compliance with the Paris Principles. At the same time, the Government must berncommitted to radically reforming EHRC. A responsive Government in the positive sense isrnpivotal to the effectiveness of a NHRI. Unless the institution is entirely independent, it is nothingrnmore than an arm of the Government.

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