Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region

Anwar Ahmed Seida

doi:doi:10.11648/j.ijls.20220501.23

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Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region

Anwar Ahmed Seida

Published in International Journal of Law and Society (Volume 5, Issue 1)

Received: 6 January 2022 Accepted: 28 January 2022 Published: 25 February 2022

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Abstract

Ethiopia ratified Convention on the Rights of Persons with Disability in 2010. The Convention under article 13 provides rights of effective access to justice for persons with disabilities in an equal basis with others. The Ethiopian laws, policies and strategies to ensure the participation of persons with disabilities on an equal basis with others in the justice administration, including in their role as judges, witnesses, jurors, lawyers or any other active party is not effective inlight with its obligation under the convention. For instance, the convention provides member states obligation to ensure effective access to justice for persons with disabilities, recognize and promote the use of sign languages. However, there exist no specific statute requiring for the mandatory appointment of sign language interpreters for accused with hearing impairment, they are not guaranteed to exercise their Constitutional right to be informed in their understanding sign language, confrontation and cross examine witness during criminal proceedings in Ethiopia. As Ethiopia has signed the Convention, it must refrain from acts which would defeat the object and purpose of the Convention to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’ as envisaged from cummulative interpretation of preamble, objective, article 13 of CRPDs vis-a-vis Art. 18 of Vienna Convention on the Law of Treaties. The main objective of this article is to evaluate the compatibility of Ethiopian legal frameworks and judicial practices in study area vis-à-vis states obligation under CRPD to ensure effective access to justice for PwHI during criminal proceeding and forward a concrete recommendation. The author has employed doctrinal legal analysis and qualitative method of data collectio to complete study in this article accordingly.

Published in	International Journal of Law and Society (Volume 5, Issue 1)
DOI	10.11648/j.ijls.20220501.23
Page(s)	109-122
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Access to Justice, Persons with Hearing Impairment, Criminal Proceedings, Rights of Person with Disabilities

References

[1]	Universal Declaration of Human Right (herein after UDHR) G. A. Res. 217 (III), U. N. Doc. A/RES/217 (III), (Dec. 1948). For instance see, Art. 1; Art. 21 (2); Art. 7; Art. 8 and Art. 11.
[2]	International Covenant on Civil and Political Rights, G A resolution 2200A (XXI), 16 Dec 1966. See, Art. 25 (2) c; Art. 2 para 3 (a), (b); Art. 14 (3) (a), (f) and Art. 26.”
[3]	African Charter on Human and Peoples’ Rights, June 27, 1981, 21 I. L. M. 59 (1982) (entered into force Oct. 21, 1986), Art. 2 and 7 (1).
[4]	United Nations Convention on the Rights of Persons with Disabilities, 6 December 2006.
[5]	Ethiopian Proclamation for Ratification of Convention on Rights of Persons with Disability Proc No. 676/2010.
[6]	The Constitution of the Federal Democratic Republic of Ethiopia Proclamation No. 1/1995.
[7]	United Nations CRPD/C/ETH/1, Committee on the Rights of Persons with Disabilities, Consideration of reports submitted by States parties under article 35 of the Convention, Initial reports of Ethiopia, 2012.
[8]	Criminal Procedure Code of the Empire of Ethiopia, Proclamation No. 185/19611/1961.
[9]	See For instance, the UDHR Art 7; ICCPR Art. 14 (1) and Art 26; CRPD Art 5; CERD Art 5 (a), CEDAW Art 15, ACHPR Art. 3. All dictates equality before the law and equal protection of all persons before the law which requires all persons shall be treated equally in domestic law and courts. Art. 14 (1) of ICCPR, Art. 15 (2) of CEDAW and Art. 5 (a) of CERD clearly stipulate the notion of “equality before the courts as a subset of equality before the law.”
[10]	For instance, Tanzania enacted a comprehensive disability law in 2010, entitled the “Persons with Disabilities Act” (TPDA) (United Republic of Tanzania, 2010). The Act, which is an ambitious document, is clearly inspired by the CRPD: several provisions follow the Convention verbatim (with interesting variations). For example, the Act tasks the responsible Minister with a number of obligations for the realization of the rights of persons with disabilities. Available at: The United Republic of Tanzanian Persons with Disability Act No. 9 of 20^th may 2010, article 15 available at: http://www.un.org, on January 11/2021. Ugandan parliament also enacted Ugandan Persons with Disabilities Act (UPDA) in August 2006 which has an objective and substantive rights similar with CRPD.
[11]	Interview with Shukar Ahmed, Gurawa District Court Criminal bench judge, on December 23/2013 E.C.
[12]	UN Convention on the rights of persons with disabilities, Committee on rights of persons with disabilities, concluding observations on the initial report of Ethiopia CRPD/C/ETH/CO/1, Adopted by the Committee at its sixteenth session 15 August-2 September 2016, para 5-6.
[13]	Attorney General vs Ibrahim Mohammed Ahmad, East Hararge High Court Criminal File No 47131, p. 44 on 29/1/2013 E.C.
[14]	M. Sepulveda, et al, “Universal and Regional Human Rights Protection: Cases and Comments”, 2004.
[15]	United Nations CRPD/C/ETH/CO/1, Committee on the rights of persons with disabilities, Concluding observations on initial report of Ethiopia, 4 November 2016, on Equality and non-discrimination (Art. 5), para 9-12.
[16]	Interview with Ibrahim Mohammad Ahimad, Hearing impairment serving sentences in prison, on December 23/2013 at 8:30 local time.
[17]	Interview with Kamal Gammada, East Hararge Zone High Court Representative President and judicial service process owner, on December 19/2013 E.C at 10:30 local time.
[18]	Interview with Fikru Abebe, East Hararge Zone Bureau of Attorney General process owner, on December 19/2013 E.C at 8:30 local time.
[19]	Interview with Jamal Adam Amboo, East Hararge Zone High Court Public Defense Lawyer, on December 19/2013 E.C at 10:00 local time.
[20]	CRPD/C/KEN/CO/1, para. 26 (b); CRPD/C/ECU/CO/1, para. 27 (c); and CRPD/C/CHN/CO/1, para. 24.
[21]	Interview with Bukhari Kediro, East Hararge Zone High Court Criminal Bench Process Owner, on December 19/2013 E.C at 10:00 local time.
[22]	Andrea R Ball ‘Equal Accessibility for Sign Language under the Convention on the Rights of Persons with Disabilities’ (2011) 43 Case Western Reserve Journal of International Law 759, 784.
[23]	Anna Nilsson, ‘Who Gets to Decide? Right to Legal Capacity for Persons with Intellectual and Psychosocial Disabilities’ Issue Paper, Council of Europe (February 2012) 19, as cited in Ilias Bantekas et al, Oxford Comments on rights of persons with disabilities, 2018.
[24]	CRPD Committee, GC No. 1 (2014) on Equal Recognition under article 12, paragraph 3.
[25]	Vienna Convention on the Law of Treaties, 27 January 1980.
[26]	Frances Gibson, ‘Article 13 of the Convention on the Rights of Persons with Disabilities – a right to legal aid?’ (2010) 15 (2) Australian Journal of Human Rights, 123.
[27]	European Court of Human Rights, Grand Chamber, Stanev v. Bulgaria (application No. 36760/06), judgment of 17 January 2012, available at: http://www.hudoc.echr.coe.in, accessed on January 11/2021.
[28]	The Federal Negarit Gazeta establishment proclamation No. 3/1996.
[29]	CRPD Committee on rights of persons with disabilities, /C/ETH/CO/1, para. 30.
[30]	Interview with Adugna Ahmed, Training official from Oromia Justice Sectors Professional Training and Legal Research Institute, on January 10/2013 E.C at 10:00 local time.
[31]	Attorney General vs Abadir Usman, East HarargeZone High Court Criminal File No. 48329, 02/06/2012.
[32]	Attorney General vs Hussen Mohammed, Criminal File No Criminal File No. 44443, 05/09/2011.
[33]	Sisay Alemahu Yeshanew, The Justiciablity of human rights in the Federal Democratic Republic of Ethiopia, 8 (2), African Human Rights Law Journal, 2008, p. 287.
[34]	The FDRE Comprehensive Justice System Reform Program Observations and Major Shortcomings, Base line study report, February, 2005, p. 129.
[35]	FDRE Proclamation to define power and responsibility of House o Federation Proc. No. 251/2011.
[36]	Minutes of Ethiopian Constitutional Assembly, Vol. 2, Oct 30-Nov 7/1987 E.C, P. 68 (English translation).
[37]	The Optional Protocol to Convention on the right of person with disabilities.
[38]	Vienna Declaration and Program of Action of 1993.

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Anwar Ahmed Seida. (2022). Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region. International Journal of Law and Society, 5(1), 109-122. https://doi.org/10.11648/j.ijls.20220501.23

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ACS Style

Anwar Ahmed Seida. Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region. Int. J. Law Soc. 2022, 5(1), 109-122. doi: 10.11648/j.ijls.20220501.23

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AMA Style

Anwar Ahmed Seida. Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region. Int J Law Soc. 2022;5(1):109-122. doi: 10.11648/j.ijls.20220501.23

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@article{10.11648/j.ijls.20220501.23,
  author = {Anwar Ahmed Seida},
  title = {Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {109-122},
  doi = {10.11648/j.ijls.20220501.23},
  url = {https://doi.org/10.11648/j.ijls.20220501.23},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.23},
  abstract = {Ethiopia ratified Convention on the Rights of Persons with Disability in 2010. The Convention under article 13 provides rights of effective access to justice for persons with disabilities in an equal basis with others. The Ethiopian laws, policies and strategies to ensure the participation of persons with disabilities on an equal basis with others in the justice administration, including in their role as judges, witnesses, jurors, lawyers or any other active party is not effective inlight with its obligation under the convention. For instance, the convention provides member states obligation to ensure effective access to justice for persons with disabilities, recognize and promote the use of sign languages. However, there exist no specific statute requiring for the mandatory appointment of sign language interpreters for accused with hearing impairment, they are not guaranteed to exercise their Constitutional right to be informed in their understanding sign language, confrontation and cross examine witness during criminal proceedings in Ethiopia. As Ethiopia has signed the Convention, it must refrain from acts which would defeat the object and purpose of the Convention to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’ as envisaged from cummulative interpretation of preamble, objective, article 13 of CRPDs vis-a-vis Art. 18 of Vienna Convention on the Law of Treaties. The main objective of this article is to evaluate the compatibility of Ethiopian legal frameworks and judicial practices in study area vis-à-vis states obligation under CRPD to ensure effective access to justice for PwHI during criminal proceeding and forward a concrete recommendation. The author has employed doctrinal legal analysis and qualitative method of data collectio to complete study in this article accordingly.},
 year = {2022}
}

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TY  - JOUR
T1  - Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region
AU  - Anwar Ahmed Seida
Y1  - 2022/02/25
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DO  - 10.11648/j.ijls.20220501.23
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
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EP  - 122
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.23
AB  - Ethiopia ratified Convention on the Rights of Persons with Disability in 2010. The Convention under article 13 provides rights of effective access to justice for persons with disabilities in an equal basis with others. The Ethiopian laws, policies and strategies to ensure the participation of persons with disabilities on an equal basis with others in the justice administration, including in their role as judges, witnesses, jurors, lawyers or any other active party is not effective inlight with its obligation under the convention. For instance, the convention provides member states obligation to ensure effective access to justice for persons with disabilities, recognize and promote the use of sign languages. However, there exist no specific statute requiring for the mandatory appointment of sign language interpreters for accused with hearing impairment, they are not guaranteed to exercise their Constitutional right to be informed in their understanding sign language, confrontation and cross examine witness during criminal proceedings in Ethiopia. As Ethiopia has signed the Convention, it must refrain from acts which would defeat the object and purpose of the Convention to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’ as envisaged from cummulative interpretation of preamble, objective, article 13 of CRPDs vis-a-vis Art. 18 of Vienna Convention on the Law of Treaties. The main objective of this article is to evaluate the compatibility of Ethiopian legal frameworks and judicial practices in study area vis-à-vis states obligation under CRPD to ensure effective access to justice for PwHI during criminal proceeding and forward a concrete recommendation. The author has employed doctrinal legal analysis and qualitative method of data collectio to complete study in this article accordingly.
VL  - 5
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ER  -

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Anwar Ahmed Seida

Human Right and Criminal Law, School of Law, Oda Bultum University, Chiro, Ethiopia

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APA Style

Anwar Ahmed Seida. (2022). Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region. International Journal of Law and Society, 5(1), 109-122. https://doi.org/10.11648/j.ijls.20220501.23

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ACS Style

Anwar Ahmed Seida. Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region. Int. J. Law Soc. 2022, 5(1), 109-122. doi: 10.11648/j.ijls.20220501.23

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AMA Style

Anwar Ahmed Seida. Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region. Int J Law Soc. 2022;5(1):109-122. doi: 10.11648/j.ijls.20220501.23

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@article{10.11648/j.ijls.20220501.23,
  author = {Anwar Ahmed Seida},
  title = {Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {109-122},
  doi = {10.11648/j.ijls.20220501.23},
  url = {https://doi.org/10.11648/j.ijls.20220501.23},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.23},
  abstract = {Ethiopia ratified Convention on the Rights of Persons with Disability in 2010. The Convention under article 13 provides rights of effective access to justice for persons with disabilities in an equal basis with others. The Ethiopian laws, policies and strategies to ensure the participation of persons with disabilities on an equal basis with others in the justice administration, including in their role as judges, witnesses, jurors, lawyers or any other active party is not effective inlight with its obligation under the convention. For instance, the convention provides member states obligation to ensure effective access to justice for persons with disabilities, recognize and promote the use of sign languages. However, there exist no specific statute requiring for the mandatory appointment of sign language interpreters for accused with hearing impairment, they are not guaranteed to exercise their Constitutional right to be informed in their understanding sign language, confrontation and cross examine witness during criminal proceedings in Ethiopia. As Ethiopia has signed the Convention, it must refrain from acts which would defeat the object and purpose of the Convention to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’ as envisaged from cummulative interpretation of preamble, objective, article 13 of CRPDs vis-a-vis Art. 18 of Vienna Convention on the Law of Treaties. The main objective of this article is to evaluate the compatibility of Ethiopian legal frameworks and judicial practices in study area vis-à-vis states obligation under CRPD to ensure effective access to justice for PwHI during criminal proceeding and forward a concrete recommendation. The author has employed doctrinal legal analysis and qualitative method of data collectio to complete study in this article accordingly.},
 year = {2022}
}

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TY  - JOUR
T1  - Access to Justice for Persons with Hearing Impairment During Criminal Proceeding in Ethiopia: Legal Analysis and Challenges in East Hararge Zone Courts in Oromia Region
AU  - Anwar Ahmed Seida
Y1  - 2022/02/25
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.23
DO  - 10.11648/j.ijls.20220501.23
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 109
EP  - 122
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.23
AB  - Ethiopia ratified Convention on the Rights of Persons with Disability in 2010. The Convention under article 13 provides rights of effective access to justice for persons with disabilities in an equal basis with others. The Ethiopian laws, policies and strategies to ensure the participation of persons with disabilities on an equal basis with others in the justice administration, including in their role as judges, witnesses, jurors, lawyers or any other active party is not effective inlight with its obligation under the convention. For instance, the convention provides member states obligation to ensure effective access to justice for persons with disabilities, recognize and promote the use of sign languages. However, there exist no specific statute requiring for the mandatory appointment of sign language interpreters for accused with hearing impairment, they are not guaranteed to exercise their Constitutional right to be informed in their understanding sign language, confrontation and cross examine witness during criminal proceedings in Ethiopia. As Ethiopia has signed the Convention, it must refrain from acts which would defeat the object and purpose of the Convention to ‘promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’ as envisaged from cummulative interpretation of preamble, objective, article 13 of CRPDs vis-a-vis Art. 18 of Vienna Convention on the Law of Treaties. The main objective of this article is to evaluate the compatibility of Ethiopian legal frameworks and judicial practices in study area vis-à-vis states obligation under CRPD to ensure effective access to justice for PwHI during criminal proceeding and forward a concrete recommendation. The author has employed doctrinal legal analysis and qualitative method of data collectio to complete study in this article accordingly.
VL  - 5
IS  - 1
ER  -

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