Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
REFERENCES
Linked references are available on JSTOR for this article:
https://www.jstor.org/stable/41757594?seq=1&cid=pdf-reference#references_tab_contents
You may need to log in to JSTOR to access the linked references.
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms
Tsehai Publishers is collaborating with JSTOR to digitize, preserve and extend access to
International Journal of Ethiopian Studies
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
l.1 International Journal of
ÜTHIOPIAN STUDIEO
The Government of Ethiopia implemented its revised family code in Addis Ababa in
July 2000. The statutory objectives of the code underline the principle of eliminating
discrimination to preserve the legal rights of women as a matter of good governance.
A basic finding is that legislative ambiguity in framing the code prompted judges to
reinterpret some of the code's provisions in order to accommodate the interests of women.
Since challenges arise during the execution of such a policy, continuous amendment is
required. Highlighting the ethical obligations of working together, which are currently
lacking, this article examines the execution of the code in light of the implementation
theoretical framework. Implementation is viewed as a process of cooptation.
Introduction
This article presents the findings of an empirical research with reference to the
implementation of the revised family code in Addis Ababa. The fundamental
principle of good governance should espouse the ethics of treating women on an
equal footing with men in the administration and provision of public services,
thereby preserving equal rights. The Office of the United Nations (U.N.) High
Commissioner for Human Rights, indicating the lack of exhaustive definition
of good governance, states that: "The true test of "good" governance is the
degree to which it delivers on the promise of human rights: civil, cultural,
economic, political and social rights." Thus, the principle of good governance
renders the avoidance of discrimination imperative. The Office of the U.N.
High Commissioner for Human Rights requires stringent compliance with the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), and unequivocally obligates states to eliminate discrimination and
Tassew Shiferaw Gizaw, Ph.D., is an Assistant Professor of Public Administartion in the
Department of Political Science at Norfolk State University. He has been teaching public
personnel administration and policy related courses. His area of research includes human
resources management, public policy and gender issues.
The International Journal of Ethiopian Studies (ISSN: 1543-4133) is published two times a year by
Tsehai Publishers | www.tsehaipublishers.com | Copyright ©2011 | Volume V, Number 2
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
116
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
Theoretical Framework
The law has been implemented in accordance with the policy intent of
ensuring the legal rights of women by redressing past discriminatory practices
as a matter of good governance. Such a policy concern requires committed
and concerted efforts in order to achieve the statutory objectives of the code
in practice, i.e. implementing the code through the cooperation of concerned
parties.
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
118
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
Methodology
The qualitative study is based on collected interviews data. According to
Patton (1990 and 2002), qualitative research involves a naturalistic approach
(such as open-ended interviews) which capture a wide range of information
based on the perceptions of participants. It involves an inductive approach
through which the researcher generates themes and ideas from the data
collected (Creswell, 2003). The interviews (n=14) were conducted through
telephone conversations between April 15 to May 7, 2007. The duration of
each interview depended upon how each participant responded to the interview
question, and lasted approximately from 1.25 to 2.0 hours. Consequently,
the data was gathered through a semi-structured interview protocol, which
contained six major questions and one optional question. The interview
questions constituted "as to how, what, and would you please tell us" type of
exploratory inquiries.
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
120
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
Mutual Adaptation
Mutual adaptation signifies a successful imp
modification of policy to accommodate the intere
actors. It also reflects the working relationship
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
122
By and large, attorneys are not cooperative with regard to the spirit
of the law. They are primarily motivated by money and encourage
conflicting couples whom it would be possible to reconcile, to get
divorced by considering in advance the fees avaricious attorneys
would earn especially when they handle property division. Attorneys
need to correct this condition of adverse incentive. In fact there are
few attorneys who reconcile conflicting couples before they come
to the court. Moreover, a significant number of attorneys display
indifference with regard to the protection of family or child welfare.
In fact, they benefit financially from family litigation (April 18, 2007).
However, another participant, Judge Tesfanesh, expresses that she has had
a good working relationship with some attorneys and mentioned that they
demonstrate cooperation in helping to resolve litigations.
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
124 INTERNATIONAL JOURNAL OF ETHIOPIAN STUDIES (V: 2)
Cooptation
The implementation process of the revised code cou
the operations of the courts. Likewise, the staff arrang
would have a direct bearing upon the operations of th
section examines what the staff arrangement of the c
and if there have been some changes made concerning st
implementation process.
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
126 INTERNATIONAL JOURNAL OF ETHIOPIAN STUDIES (V: 2)
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
Non-implementation
It refers to failure of implementation endeavor, a
the intent of policy - policy breakdown to attain sta
the revised family code has weaknesses, it also has st
previous family law. For instance, women have the ri
short time without justifying grounds for divorce -
irregular unions and whose relationships last for thr
the right to property division. Therefore, there is r
which is also an indication that the revised family c
for the last seven years. This fact makes the term n
signifies policy breakdown (as has been defined
characterizing the implementation process of the co
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
128 INTERNATIONAL JOURNAL OF ETHIOPIAN STUDIES (V: 2)
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
JUDICIAL IMPLEMENTATION: AN EMPIRICAL STUDY OF GOOD GOVERNANCE
Work Cited
Chinkin, Christine. 1999. "Gender Inequality and International Human Rights Law."
Pp 95-121 in Inequality, Globalisation, and World Politics. New York: Oxford University
Press.
Coltrane, S. (1996). Family Man: Fatherhood, Housework and Gender Equity. Oxford:
Oxford University Press.
Edward III, G. (1980). Implementing Public Policy. Washington D.C.: Congressional
Quarterly Press.
Hanf K. (1982). Regulatory Structures: Enforcement as Implementation. European
Journal of Political Research 10 (2) 159-172.
Hill, M. & Hupe, P. (2002). Implementing Public policy; Governance in Theory and in
Practice. Thousand Oaks: Sage Publications.
Hjern, B. (1982). Implementation Research - The Link Gone Missing. Journal of
Public Policy 2 (3) 301-308.
Inglehart, P. and Norris, P. (2003). Rising Tide : Gender Equality and Cultural Change
Around the World. New York: Cambridge University Press.
Jackson, S. (1997). Women, Marriage and Family Relationship. In Robinson D. &
Richardosn D. (eds.), Introducing Women's Studies (pp.323-348) London: Macmillan
Press Ltd.
Kerwin, C. (1999). How Government Agencies Write Law and Make Policy Washington
D.C.: CQ Press.
Lane, J. (2000). The Public Sector: Concepts, Models and Approaches. Thousand Oaks:
SAGE Publications.
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms
130
Publications, Inc.
Spain, N. (2003). Whaťs A Woman To Do?: A Look At Private Child Support Agreement
in Virginia. William & Mary Journal of Women and the Law, 9 (2), 295-31 1.
Stamps, L. (2002). Maternal Preference in Child Custody Decisions. Journal of
Divorce and Remarriage, 37, (1), 1-11.
Stillman II, R. (2005). Public Administration: Concepts and Cases. New York: Houghton
Mifflin Company.
United Nations, Convention on the Elimination of All Sources of Discrimination
against Women, at http://www.un.org/womenwatch/daw/cedaw/text/econvention.
htm (Last visited on October 4, 2008).
United Nations Development Fund, at http://www.stopvaw.org/Legislative_Trends2.
html (Accessed on February 7, 2009).
United Nations Economic and Social Council (Economic Commission for Africa):
Sixth African Regional Conference on Women on the Mid-Term Review of the Dakar
and Beijing Platforms for Action (E/ECA/ACW/RC.VI/99/3, Rev. November 1999).
November 1999
U.N. Economic and Social Council, Commission on the Status of Women's Report
(number: E/CN.6/2005/2). December 2004.
Weitsman, L. (1985). The Divorce Revolution. New York: The Free Press.
This content downloaded from 189.125.96.10 on Mon, 01 Jun 2020 16:01:16 UTC
All use subject to https://about.jstor.org/terms