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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-1 | Issue-03 | 64-73
Case Report
The Freedom to Withdraw from Political Party Membership in the Ethiopian Law: A Case Based Analysis
Leake Mekonen Tesfay
Published : July 30, 2018
DOI : 10.36348/sijlcj.2018.v01i03.003
Abstract
One of the fundamental rights the FDRE Constitution acknowledges is the freedom of political party membership. To this effect, the Revised Political Parties Registration Proclamation, which regulates the details of political party membership, allows a political party member to withdraw from membership at any time. It does not provide for any formality. However, the Cassation Bench of the Federal Supreme Court has decided in Unity for Justice and Democracy Party v Blue Party (File No.112091, decided on 06 May 2015 (Miyazia 28, 2007 E.C.) that a political party member cannot withdraw and be a member of another political party without notifying the former political party in writing. This case comment examines the appropriateness of this decision from the perspective of the right to political party membership. The case comment analyses the constitutional and legal provisions pertinent to the right to political party membership in Ethiopia. Relevant provisions of international human rights instruments are also explored. To share a lesson from comparative experience, the experience of the Israeli and Kenyan legal systems is examined. This author argues that the law does not require a written withdrawal notice. This enables a political party member to terminate his/her membership not only with written withdrawal notice rather by all other possible ways, including by taking new membership in another political party.
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