Acta Humana – Emberi Jogi Közlemények <p>Az <strong>Acta Humana – Emberi jogi közlemények</strong> független lap, amely tudományos missziójának tekinti az Európa Tanács Strasbourgi székhelyű Emberi Jogi Bírósága esetjogának folyamatos bemutatását, különös tekintettel a magyar ügyekre; az Európai Unió Bírósága emberi jogi esetjogának bemutatását, valamint a témában megjelenő tudományos értékű publikációkkal a közigazgatási, közszolgálati, illetve jogi képzőintézmények képzésének segítését. Célja, lektorált kutatások és szakmai tapasztalatok közlése az emberi jogi terület minden aspektusából, a tudományos nézetek és a gyakorlati megfontolások közötti kölcsönhatás erősítése.</p> Ludovika Egyetemi Kiadó hu-HU Acta Humana – Emberi Jogi Közlemények 0866-6628 Education, language and the human rights of minorities <p>In his report, the Special Rapporteur on minority issues, Fernand de Varennes, provides a clear working definition of the concept of a minority in order to guide his activities and those of the United Nations. He describes a series of initiatives, including three regional forums that complement the Forum on Minority Issues. In the thematic section of his report, he sets out the often misunderstood language dimension of education for minorities, which emanates from the proper understanding and implementation of international human rights obligations. He describes the parameters of the application of human rights, and in particular the principles of equality without discrimination, as of primary importance for the achievement of Sustainable Development Goal 4 on quality education for all, including linguistic minorities such as users of sign languages.</p> United Nations Copyright (c) 2021 2021-03-31 2021-03-31 9 1 137–168 137–168 The Implementation of Good Governance Practices in Service Provisions to the Citizens in Addis Ababa City Administration: The Case of Yeka Sub-City <p>Addis Ababa city administration is known for its poor implementation of good governance to the public. The main objective of the study is to assess the implementation of good governance while rendering services to the ordinary citizens. The research methodology employs both quantitative and qualitative approaches using data collection instruments with the IBM SPSS statistical packagxe vs. 21. The findings indicate favourable results in meeting the needs of citizens. To that effect, a number of issues are discussed: good governance that is effective and efficient, transparent and open, accountable; participation, leadership direction and strategic vision; fairness and equity; governance that is consensus oriented, responsive in service provision; and governance that follows the rule of law. Although the implementation process has brought tangible results, it is not free from some challenges. In conclusion, both achievements and failures were observed. Thus, understanding customers’ expectations in service provisions, systematising customers’ feedback, and continuously raising the staff’s awareness are the recommendations identified for future development.</p> Duguma Daba Moti Kompuok Chuol R. Copyright (c) 2021 2021-03-31 2021-03-31 9 1 7–27 7–27 10.32566/ah.2021.1.1 Tribal Conflict over Natural Resources on the Sudan – South Sudan Border: The Case of the Abyei Territory <p>This paper explores the major causes, processes and consequences of natural resource conflicts between tribes across the Sudan – South Sudan border region, with the main emphasis on the Abyei territory. Data for the study have been gathered from primary and secondary sources. The research revealed that the conflict over ownership of Abyei’s renewable and non-renewable resources has evolved as a contentious issue between Sudan and South Sudan. The situation was complicated by the relationship of the Humr Misseriya and Ngok Dinka and their governments, respectively. Moreover, lack of agreement about who should be considered a resident of Abyei derailed a referendum on the territory’s status. The government of Sudan and Humr Misseriya have not yet accepted all proposals and agreements for resolving the conflict. Despite the fact that there are new and positive political developments between the two countries, mainly in 2019–2020, these have not been extended to the settlement of the final status of Abyei. For a durable peace in the Abyei region and its environment, both governments need to work toward realising mutual benefits based on the agreed principles and proposals stipulated in the Abyei Protocol of 2004–2005 and the African Union High-Level Implementation Panel of 2012.</p> Gebrekidan Getachew Zeru Copyright (c) 2021 2021-03-31 2021-03-31 9 1 29–47 29–47 10.32566/ah.2021.1.2 Examining Minority Rights Protection under the Ethiopian Federal System <p>This research investigates minority rights protection under the Ethiopian federal state structure, its legal instruments and institutional setups. Ethiopia is a land of a diverse society having more than eighty distinct ethnic groups, but the federal system conferred only seven ethnic groups, their own regions subsuming the rest within them. The territorial autonomy of ethno-national groups in Ethiopian federal context – in which the constituent units themselves are diverse – imposes a rigid conception of territory. The constituent unit that empowers autonomy for a particular group – the titular ethno-national group – claims exclusive control over territory and dominance within the constituent unit. Thus, the interests of minorities who are lumped with relatively dominant ethnic groups are not addressed and these minorities have neither been given self-determination nor are recognised as distinct nationalities of the country.</p> Salemot Marew Abebe Copyright (c) 2021 2021-03-31 2021-03-31 9 1 49–58 49–58 10.32566/ah.2021.1.3 Language Law and Policy of the Federal Government of Ethiopia: Implications for Fair Trial and the Rights of Non-Amharic Language Speakers Accused <p>Ethiopia is a multilingual country with a federal form of state structure. The 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) gave equal recognition for all Ethiopian languages, but has chosen Amharic to become the working language of the Federal Government. In order to accommodate the needs of non-Amharic speakers in the provision of public services, the Constitution and other laws such as the Criminal Procedure Code, require the use of interpreters. Particularly in criminal proceedings, non-Amharic speakers are entitled to be assisted with a ‘qualified’ interpreter to meaningfully participate in the cases. In practice, it is observed that accused people who do not speak the working language of the federal government are unable to effectively understand or get prompt and detailed information regarding the nature and effect of the case brought against them. Even if they know the case, they are not able to effectively explain their defences to the court or associated bodies, and thereby defend their rights. This study reveals that non-Amharic speakers are not effectively served according to the legal standards. This problem subsists mainly due to the absence or limited number of interpreters, as well as the use of untrained interpreters. Despite some efforts to address the problem, the federal government has not yet laid down any formal mechanism by which people with limited and/or no Amharic language proficiency are properly served in criminal proceedings both before and during trial. This study proposes the federal government to establish court interpreter training institutions and to standardise court interpretation by allocating the necessary budget; lay down a formal mechanism such as enacting detailed laws and working manuals for assigning interpreters; providing other local languages the status of working language; consulting interpretation technologies and working in collaboration with different stakeholders.</p> Hailu Yemserach Legesse Copyright (c) 2021 2021-03-31 2021-03-31 9 1 59–76 59–76 10.32566/ah.2021.1.4 Indigenous Tribes in Brazil and the Increasing Attack from Business Interests <p>The article offers an overview of the evolution of Brazilian law in relation to the living descendants of indigenous people who lived on the territory of Brazil before Portuguese colonisation. The legal developments reflect the evolution of the relation between the Brazilian state and the indigenous peoples since Brazil gained independence. This short article also offers a look at the implementation of relevant international norms on the rights of indigenous peoples in the Brazilian context.</p> Kebirungi Destiny Mugasha Forster Alex Watkinson Erin Copyright (c) 2021 2021-03-31 2021-03-31 9 1 77–88 77–88 10.32566/ah.2021.1.5 Debating (Post-)Coloniality in Southeast Europe: A Minority Oriented Perspective in Bulgaria <p>Despite the fact that its scholarly application has been considered highly problematic in the former Eastern Bloc and barely employed due to the Marxist background, post-colonialism has been recently introduced by a large number of scholars and academics. Yet, theoretical experiments, research, and projection of post-colonialism in Central and Eastern Europe have come to compose an abundant field of reference. Drawing on this theoretical approach, this paper aims to debate the category of post-coloniality in postcommunist Bulgaria in order to better venture the parapet of the post-1989 transition. Employing a ‘minority perspective’, which will reveal minority positionality in the contemporary Bulgarian cultural and political ground, this paper traces potential power actions of (dis)possession of knowledge among subaltern groups, which actions continue to negate, disavow, distort, and deny access to different forms of minority cultures and life visions represented by non-majoritarian segments of the Bulgarian society. In general, this paper digs into the historical experience of the ethnic Turks and Muslim minority groups in Bulgaria prior to the communist experience, throughout and after the collapse of communism, and in the contemporary Republic of Bulgaria. In particular, post-coloniality – understood in terms of ‘coloniality of being’ – shall offer a better and critical angle of investigation over the issues of human marginalisation, cultural subordination, and knowledge exploitation in Bulgaria and Southeast Europe. </p> Trupia Francesco Copyright (c) 2021 2021-03-31 2021-03-31 9 1 89–103 89–103 10.32566/ah.2021.1.6 Unending Wars: Is Nationalism the Snag? <p>Nationalism has been the major cause of wars since time immemorial and the most pronounced of it was World War I. Although the rhetoric of nationalism is seemingly less used after the major wars, because it adopted a new name, ‘self-determination’ – as enshrined in the UN Charter, Chapter I article 1 –, it remains in the background of many political discussions today and we continually see a global rise in collectivism, marked by religious fundamentalists of ethnic nationalist ideologies, which have resulted in nothing but fierce conflicts in almost every part of the world. Having noticed this increasing phenomenon, this paper tries to establish the relationship that exists between the world’s agenda to globalise and national interests, which have left the world in a rather saddened situation of protracted wars between and within states, and its main thesis is that nationalism has played and continues to play a major role in the violent conflicts that sparkle around the world today, in the guise of ethno-religious conflicts.&nbsp;</p> Formella Collins Nkapnwo Copyright (c) 2021 2021-03-31 2021-03-31 9 1 105–117 105–117 10.32566/ah.2021.1.7 The Right to Seek Asylum of ‘Climate Refugees’ <p>Although the issue of climate change mitigation and adaptation is fortunately evermore widely discussed, the problems facing ‘climate refugees’ only appears sporadically in the discussions adding to the current confusion. Taking recent and forecasted trends into account, the UN declares that states have serious moral obligations to provide humanitarian protection to all those displaced. The question which the international community and international lawyers face is whether states have more than just a moral obligation to provide protection. In this paper I will assess whether or not there are any roots in the various sources of international law – such as conventional law, customary international law, or the fundamental principles of international law – for the legal definition of ‘climate refugees’.</p> Horváth Valéria Copyright (c) 2021 2021-03-31 2021-03-31 9 1 119–136 119–136 10.32566/ah.2021.1.8