School of Law and Federalism

Department of Comparative Public Law and Good Governance

THE OBLIGATION OF THE STATE TO PROTECT ITS CITIZENS AGAINST MOB

VIOLENCE IN THE FEDERAL ETHIOPIA: THE CASE OF SIDAMA ZONE

Hagereselm Town.

By: Yedil Bekele

Thesis Advisor: Andualem Zewdie (MA, Lecturer in Peace and Security Study)

A Thesis Submitted to School of Law and Federalism, Ethiopian Civil Service University,
In Partial Fulfillment of the requirements for the Degree of Master of laws (LLM) in
Comparative Public Law and Good Governance.

July 2, 2020

Addis Ababa, Ethiopia

Declaration by candidate
I, Yedil Bekele, hereby declare that Thesis entitled “THE OBLIGATION OF THE STATE TO
PROTECT ITS CITIZENS AGAINST MOB VIOLENCE IN THE FEDERAL ETHIOPIA: THE
CASE OF SIDAMA ZONE HAGERESELM TOWN.” Submitted by me for the award in master
of law in comparative public law and good governance at Ethiopian civil service university
(ECSU). This Thesis is my original work and it has not been presented for the award of any
Degree in other university or institution, and all sources of materials used for this Thesis have
been dully acknowledged.

Student name: Yedil Bekele Duguna

Signature: ………………………………………

Date: ………………………………………………

ID. No.: …………………………………………..

i
Declaration by supervisor

I, Andualem Zewudie, hereby declare that this Thesis by Yedil Bekele for the Degree of masters
of laws (LLM) was carried out under my supervision and that is being accepted for examination.

Advisor: ………………………………

Signature: …............................

Date: ……………………………………

ii
 ACKNOWLEDGMENTS

Frist and for most, I would like to give all the glory and praise to the Almighty God for his
forgiveness me charity, courage and ability to bring this work to a final stage. In second place, I
would like to extend my deepest gratitude to my advisor, Andualem Zewudie, for his genuine
and valuable constructive comments he made on the draft version of this paper. Thank you for
inspiring me to do the best I can.

Also, my special heartfelt gratitude goes to my genuine father, Bekele Duguna and respectful
sisters Mahider Bekele as well as the beloved of my mother, Tesfaynesh Dangiso, likewise, my
deepest and whole-hearted love of my wife Aligaynesh Ayele, for their concern throughout the
years of the study and has been source of consistent encouragement, financial, material, and
moral support throughout my study and thesis work. My thanks to them are endless.

It is also my pleasure to express my heartfelt thanks to all my informants who unreservedly

provide me with valuable inputs without whom this thesis would not be accomplished. Thank
you all for your supports.

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 ACRONYMS

CC Criminal Code

CICB Criminal Injuries Compensation Board

CICS Criminal Injuries Compensation Scheme

CrPC Criminal Procedure Code

CSA Central Statics Agency

FDRE Federal Democratic Republic of Ethiopia

ICCPR International Covenant on Civil and Political Rights

ICSECR International Covenant on Social, Economic and Cultural Rights

IPC Indian Penal Code

KKK Ku Klux Klan

NCPS National Crime Prevention Strategy

NEBE National Election Board of Ethiopia

SNNPR Southern, Nations, Nationalities and Peoples Region

SAHRC South African Human Rights Commission

UN United Nations

UNGA United Nations General Assembly

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 Abstract

The present study emphasized on creeping threats of Mob violence as evidenced in the rising
incidents of recurring patterns by frenzied Mobs almost all parts of Ethiopia especially for last
two years because of the political, economic and social turmoil in the existing regime. In
addition, also it stressed on the counter inherent duty and responsibility of the state
administration to prevent recurrence of Mob violence in any part of the state. In this research
paper, one case of Mob violence occurred in Sidama Zone, Hula Woreda Hagerselam town in
2019 is presented to assess the role of the state and federal government in handling and diffusing
violent situation. Qualitative method used to analyze a data taken from informants with an
interview. The finding of the study showed that different reasons that significantly contribute for
the failure of the state in containing Mob violence that project due to different resentment related
to current political situations of the country. Most of the reasons like inadequate police
preparation and planning, lack of coordination to address the situation, delay in the use of force,
hesitation to accept responsibility, and insufficient number of police personnel are some of the
factors that contribute for failure of the state to effectively employ the preventive measures
before happening of the incidents of Mob violence and lynching. Despite the preventive measures
the incidence of Mob violence or lynching take place, there are ineffective remedial measures
like, investigation, prosecution and relief or fair compensation mechanisms to victim and their
families. Moreover, there is lack of clear mechanisms of accountability for deliberate negligence
and ignorance of public officials and police officers. All such elements are unswervingly
contributed for state inability to realize its obligation to provide protection to its citizens.
Finally, creating smooth co-ordination among state machinery, insuring regular police
presence, making special Laws on the subject which insure protection before and after the
incident, adopting public compensation scheme to insure relief and fair compensation to victim
and their families, and adopting common purpose doctrine to facilitate prosecution and etc were
the major recommendations suggested based on the finding reached.

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TABLE OF CONTENTS page
Declaration by candidate ............................................................................................... i
Declaration by supervisor ............................................................................................. ii
ACKNOWLEDGMENTS............................................................................................ iii
Acronyms ................................................................................................................... iv
Abstract .......................................................................................................................v
Table of Contents…………………………………………………………………………vi-viii

CHAPTER ONE ...........................................................................................................1

INTRODUCTION ........................................................................................................1
1. Background of the Study ...........................................................................................1
2. Statements of the Problem .........................................................................................5
4. Research Objectives ..................................................................................................7
4.1General Objective ................................................................................................................... 7
4.2 Specific Objective ................................................................................................................. 7
5. Research Questions ...................................................................................................7
6. Research Methodology...............................................................................................7
6.1 Research Design and Sampling Techniques ......................................................................... 8
7. Ethical Considerations ...............................................................................................8
8. Significance of the Study ............................................................................................8
9. Scope of the Study .....................................................................................................9
10. Limitations of the Study ...........................................................................................9
11. Organization of the Paper ......................................................................................10
CHAPTER-TWO .......................................................................................................11
2. Conceptual, theoretical and Empirical Literature review ...........................................11
2.1 Introduction ......................................................................................................................... 11
2.2 Conceptual frameworks of mob violence............................................................................ 11
2.2.1Mob and Crowed ........................................................................................................... 11
2.2.2 Mob violence or Mob Justice: A search for conceptual definition............................... 12
2.2.3 Typologies of Mob violence ......................................................................................... 13
2.3.1 Riots .............................................................................................................................. 13
2.3.2 Lynching ....................................................................................................................... 14
2.3.3 Vigilantism/Vigilante violence/ .................................................................................... 16

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 2.4 Theoretical frameworks of the actions of Mob violence..................................................... 18
2.4.1 Different theories on Mobs and Crowds....................................................................... 18
2.4.2 The theories of state created danger and its role in riot formation ............................... 19
2.4.3 The Drivers of Mob violence........................................................................................ 20
2.4.4 The adverse relationship between Mob violence and Human rights ............................ 22
2.4.5Needs of Strategic response to address Mob violence .................................................. 23
2.4.6 The duty of the state to protect its citizen from Mob violence ..................................... 24
2.4.7 The origins and evolutions of the obligation to protect citizens/residence from Mob
violence .................................................................................................................................. 25
2.4.8 State Capacity Problems in suppressing and constraining Mob violence .................... 27
2.5 Empirical Literature Review ............................................................................................... 27
2.5.1 Mob violence and experiences‟ in different jurisdictions ............................................ 27
2.5.2 Introduction .................................................................................................................. 27
2.6 Mob violence in India ......................................................................................................... 28
2.6.1 Historical background of Mob violence in India .......................................................... 28
2.6.2 Reasons behind Mob Violence in India ........................................................................ 29
2.6.3Current Status of Law and Order Relating To Mob Violence in India ......................... 30
2.8.6 Judiciary Approach and Case Laws Relating to Mob violence In India ...................... 32
2.6.4 Guidelines to Curb Mob Violence/ Lynching/ In India ................................................ 33
2.7 Mob Violence Situation in South Africa ............................................................................. 35
2.7.1 Historical Background .................................................................................................. 35
2.7.2 Contemporary Response from Authority ..................................................................... 37
2.7.3 Short Comings in the States Responses to Mob violence ............................................ 42
CHAPTER-THREE ....................................................................................................43
3. The situations of Mob Violence in Ethiopia ...............................................................43
3.1. Introduction ........................................................................................................................ 43
3.2 Existing Law and Order Vis- a-Vis Mob Violence in Ethiopia .......................................... 43
3.4. Needs for separate statute to control Mob violence ........................................................... 49
3.5 Mob violence in contemporary Ethiopia ............................................................................. 50
3.6 Contemporary response from authority............................................................................... 51
3.7 Human Rights Obligation of Ethiopian State to Protect From Mob Violence.................... 52
3.8 Triggering Factors of Mob Violence in Ethiopia ................................................................ 54
3.9 Implications of Mob violence in Ethiopia ........................................................................... 56
CHAPTER-FOUR ......................................................................................................58
4. Presentation and Analysis of Data ............................................................................58
4.1 Descriptions of the Study Area ........................................................................................... 58
4.2 Pre-Violent Situation of Sidama Nation.............................................................................. 59
4.2.1 The Quest of the Sidama Nation for Regional Self-Administration in the Past 28 Year
............................................................................................................................................... 59

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 4.2.2 Massive Peaceful Rallies in Hawassa to Remind Authorities to Conduct the
Refrendum ............................................................................................................................. 60
4.2.3 The Ethiopian Election Board Violated the Constitution by Failing to Hold a
Referendum on the Sidama Regional Question before or on 18 July 2019 .......................... 60
4.2.4 The Sidama Adiminsterative Council and the People Agreed on Unilaterally Declare
the Sidama Regional State on 18 July 2019 .......................................................................... 60
4.3 Mob Violence in Sidam Zone Hagreselm Town in 2019 G.C and its Consequences. ........ 61
4.4 Implementation of obligation to protect and role of police or (state security institutions) . 61
4.5Hagereselam, 18-19, July 2019: The Riot/Protest and response from local police
Department ................................................................................................................................ 62
4.6 Hagereselam, 18-19, July 2019: The Riot/Protest and general approaches of state agencies
................................................................................................................................................... 63
4.7 Responses from federal government or Federal intervention ............................................. 65
4.8 Post-Violence Actions of Law Enforcement Agencies ....................................................... 66
4.8.1 Obligations of state to investigate, prosecute, and punish the wrongdoer ................... 66
4.8.2 Victims of Mob violence and right to remedy and compensation ................................ 67
4.8.3 Compensation to a Victim of Mob Crime by the State: - Needs of an alternative
paradigm ................................................................................................................................ 69
Chapter-Five ............................................................................................................................ 71
5. Conclusion and Recommendation .............................................................................71
5.1 Introduction ......................................................................................................................... 71
5.3 Major findings of the study ................................................................................................. 71
5.2 Conclusion of study............................................................................................................. 72
5.4 Recommendation ................................................................................................................. 73
Bibliography ..............................................................................................................75

Appendix: Interview Guidelines ..................................................................................................81

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ix
 CHAPTER ONE

INTRODUCTION

1. Background of the Study

Violence has always been a part of human experience,1and it keeps increasing due to several
factors like social classes, socioeconomic status, and a diversity in population especially in
religion, politics or cultural and ethnic.2 Its impact seen in various forms, in all parts of the
world. Each year, more than a million people lost their lives, many more suffer nonfatal injuries
and mass destruction of properties as a result of collective violence that have been included mob
violence.3 Such phenomena described as, “Putting to death by mob action without legal approval
and murder by an angry mob of people”.4 In addition, such violent attack is not something that
belongs to the past and it continues to upset the society,5 meaning like all violence, mob violence
is not unique to our nation or the modern era. History is replete with examples of communal
violence wracking cities, communities, and entire regions as crowds have erupted into
uncontrolled and destructive violence in countless places and at numerous times for many
different reasons.6 In short, mob violence has been a universal feature of most societies
throughout history. Accordingly, the violent phenomenon of such acts explained as when a group
of people, sometimes several hundred, take the law into their own hands, act as accusers, jury
and judge and punish an alleged wrongdoer on the spot.7

In this regard, the person accused of a crime has no chance to defend him/her or claim
innocence. This procedure often ends up with destabilizing public peace and security, and most
of the time it causes for death or seriously injure on person and destruction of property. Besides
that, the mob becomes the executor of the law by taking illegal actions without following the due
process and by putting the rest of the public at threat alike, as such act institutes direct and

1
Dahlberg L, „Violence a global public health problem‟ (2006) vol. 11 MLR 278
2
Violence in modern society. Available at: <https://www.etudier.com/dissertations/Violence-In-Modern-
Society/218137.html.> (acceced 14 Dec 2019).
3
Dahlberg L, cited above at note 1
4
Citizens against hate, lynching without end: (New Delhi, India, September 2017) p. 12
5
Alexander C. Alvarez and Ronet D. Bachman, Violence and the enduring problem (3rd Ed SAGE London (2017))
chapter 8, p. 212
6
Ibid
7
Robn G. Asa S and Anton W, Mob justice (A Qualitative research regarding Vigilante Justice in Modern Uganda,
LAP LAMBERT Academic publishing (April 29, 2011)) P. 3

1
undeniable violation of human rights.8 Due to this, the practice of mob violence continues to
attract a lot of attention globally, particularly in developing countries in the face of global efforts
to promote human rights.9

In this regard, emerging states host a lot of mob violence often referred to as „communal
violence‟ as part of incorrect implementation of law, justice and typically such actions is
occurring in developing democracies where the public governmental systems are not well
established, performs unprofessional and stand by the political elite.10 Here, in any contexts the
state authority has a great role to provide adequate, protection that helps to suppress Mob or
limiting its intensity. Thus, because the right to protection from the mob was not merely a matter
of constitutional theory, but it is a doctrine with concrete legal meaning. 11Moreover, the idea that
states have obligations to protect is not novel or radical.12 Political theorists have long cited such
obligations to justify the state‟s very existence: states exist, at least in part, to protect their
populations from harm and to enforce the law against those who may intrude on individual
liberties.13 Thus, a state that has but does not satisfy its obligation to protect is internationally
responsible.

In relation to this, in the common law tradition, the protection of the law implied both the
recognition of fundamental rights by law, and the enforcement of such rights by government.14
Concerning this the classic instance, where the government's duty to protect individuals against
mob violence. Historically, in the middle of the nineteenth century, this duty was understood to
include not only the enforcement of civil and criminal law with respect to injuries already
committed, but also the responsibility to prevent violence before it occurred. 15 For instance, in
England, the English Riot Act of 1714, provided a scheme of compensation from public funds
for the injuries resulting from riot violence and despite numerous amendments, the principal

8
Ibid, p. 3
9
Adu-Gyamfi, E. „Implications of Mob Justice Practice among Communities in Ghana‟ [2014] Vol.4 DW 13
10
Ibid
11
Steven, J, „The First Duty of Government: - Protection, Liberty and the fourteenth Amendment‟ (duke law journal,
1984) Available at: <https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3172&context=dlj> (Accessed 20
Dec 2019).
12
Hakimi, M. „State Bystander Responsibility‟ (2010) Vol. 21 EJIL 332
13
Ibid
14
Steven, J. cited above at note11, p. 512
15
Hakimi, M. cited above at note 12, p. 347

2
provisions of this statute are still in force.16 Thus, such measure imposed liability on local
government and provided compensation for property damage by riots.17 Under the English
common law, local governments were responsible for providing riot protection for their
resident.18 In keeping with the English tradition, early state laws in the United States also
provided for communal riot responsibility, and when the states ratified the Fourteenth
Amendment, state obligations in the riot context were well established.19

From this, we can conclude that the duty to provide riot protection is not without historical
precedent. Today, few states have retained their riot responsibility statutes, leaving most victims
of mob violence without relief or recompense.20

When we look, the situation of Ethiopia, like other developing countries, there has been a spate
of mob violence‟s which results loss of livelihood, injuries, death of persons, thousands arrested,
over a million people were displaced and huge amount of property distracted. Moreover, such
situations of the country destabilized the law enforcement system as it encounters the efforts to
promote human right protection in general and protecting the rights of victims in particular.

Moreover, as the frequencies of mob, violence shows increment in present time Ethiopia; the
cost of such action is very sorrowful and harmful to society or particularly destructive, when
there is either no response or an inadequate response from the State institutions.21 A failure by
political leaders to speak out against such crime and to hold the perpetrators accountable
amplifies the negative impact and the feeling of fear and vulnerability that victims and their
communities feel.22 Such a failure to act also sends a message of impunity to those who commit
such crimes, and an expectation of impunity can contribute to an escalation of such attacks.23

In relation to this, Ethiopia has an international obligation resulting from treaty, custom or the
general principles of law that designed to assure protection to any societies and individuals
within its territory in conformity with the rules accepted by the community of nations. Again has

16
English Riot Act, (1714), 1 Geo. c. 5 (Eng.). Available at: http://gutenberg.readingroo.ms/etext05/rtact10h.htm
(Accessed 12 Dec 2019)
17
Ibid
18
Hakimi, M. cited above at note 12 p. 181
19
Ibid
20
Ibid, p. 182
21
Human right first: - „Combating Xenophobic Violence‟ (2011), a report Available at: http//
www.humanrightsfirst.org. (Accessed 18 Nov 2019).
22
Ibid, P. 5
23
Ibid

3
a national obligation that emanates from the constitution and from other domestic laws, to
provide protection as a primary purpose of government.

Hence, in conformity with different international human right instrument, the FDRE constitution
guarantees to every person his life, liberty, and property, which can only deprived according to
procedure established by law. This is the duty of the law to protect every member of the society
from mob violence and to prevent his or her rights and liberties from encroached up on.
Concerning this, federal and regional states constitutionally empowered to maintain public order
and peace within the scope of their jurisdiction and federal government intervene in state at the
request of a state administration, when its authorities are unable to control it.24

Thus, the regional states, therefore, is under a legal obligation to protect limbs, life, or property,
to ensure peace, harmony and tranquility in society; enforce the law; protect its subjects and their
property; and use its authority to suppress mob violence, as long as the situation is not beyond
their capacity to control.25 Concerning this, state and law-enforcement agencies expected to deal
with the threat of mob violence, specifically lynching and vigilantism and further, there is a need
of assign responsibility and accountability to officials to curb such incidents as also punitive
measures to deter law enforcement agencies from shirking their duties.

In relation to previously mentioned issues, this paper attempts to offer an analysis of, and
reflections on, the legislative paradigm and the spirit of the legal entitlement of an obligation of
state government to protect citizens from Mob violence. Thus, the ultimate instance was the
government's duty to protect individuals against violence, as this duty understood to include not
only the enforcement of civil and criminal law with respect to injuries already committed, but
also the responsibility to prevent violence before it occurred. Therefore, it required the law,
which intended to prevent crime, by regulations, police organization, which are adapted for the
protection of the lives and property of citizens, is more efficient than punishment of crimes after
they have been committed.26

In sum, Mob violence as a research problem, could be studied in diverse respects and due to its
recent influence in the Ethiopian context it is a right time to study the problem in different

24
Proclamation of the Constitution of the Federal Democratic Republic of Ethiopia. No. 1/1995. Art. 13(1), 51(14)
and 52(2)(g)
25
Ibid
26
Human Right Frist, cited above at note 21, p. 5

4
dimensions. Like, the duty and responsibility of the state to protect its citizens against mob
violence and availability of legal standard which treaties the victims in different dimensions to
offer full protection when individuals or their property injured by Mob attack. That is the basic
concern of the current study in general, in light of the above, by taking Hagereselm town in
Sidama Zone27 as a case study area.

2. Statements of the Problem

In a democratic society, the rule of law is the backbone of democracy. It can prevail only if
people and institutions respect and follow the laws. The preamble of the Federal Democratic
Republic of Ethiopia (FDRE) Constitution provides objectives to consolidate, as a lasting legacy,
the peace and the prospect of a democratic order, building a political community that founded on
the rule of law and ensuring a lasting peace and guaranteeing a democratic order. The fulfillment
of such objective requires full respect of individual and people‟s fundamental freedoms and
rights. To this ends, the Constitution guarantees to every person his life and liberty which can
only be deprived, according to procedure established by law and protection against bodily
harm.28 Accordingly, no person punished without the authority of law and any person who
commits a crime punished through the procedure established by law. Beside of this, all federal
and state organs have the responsibility and duty to respect and enforce such constitutional
objectives, rights and other international instruments that adopted by Ethiopia.29 Again, it is
necessary to point out that Ethiopia has ample provisions in criminal law to punish the
wrongdoers.

Despite all these safeguards available to the Citizens, there has been a constant increase in the
incidents of mob violence in Ethiopia. Merely, based on suspicion, the mob takes the law into
their hands and imparts so-called „justice‟ by lynching him. Thus, certainly such growing
incidents of mob lynching need further specific attention by making provision for preventive
measures as well as for rehabilitation measures. Moreover, this shows that the need of additional

27
Currently Sidama Zone become transformed into independent regional state as of the decision on power
transferring to newly established Sidama state by council of SNNPR state from second week of June 2020 meeting
of the council. However, the zonal administrational structures/status of Sidama indicated in this paper refers the
current regional state of Sidama throughout the research and this study mainly focuses the situations of mob
violence in Hagereselm town before such development in autonomy.
28
FDRE Constitution, cited above at note 24, art. 14-17
29
Ibid, art. 13

5
responses in Ethiopia, to curb the problem, as long as the controversy of the present nature of
mob violence in a country deserves to addressed with enormous sensitivity. The states have the
onerous duty to ensure that no individual or any core group takes the law into their own hands
and have the duty to strive, consistently, to promote fraternity amongst all citizens so that the
dignity of every citizen protected, nourished and promoted.30

Mob violence is an affront to the rule of law and to the exalted values of the Constitution, which
cannot allowed becoming the order of the day.31 Such vigilantism, be it for whatever purpose or
borne out of whatever cause, has the effect of undermining the legal and formal institutions of
the state and altering the constitutional order. In addition, it leads to rise of anarchy and
lawlessness that would plague and corrode the nation like an epidemic.32

Thus, by considering its chaos and sharp, escalated frequency of attacks, the study tries to looks
through, the legal dynamics in relation to the existences of relevant law that deters people from
participating in mob violence. Moreover, this study also tries looks in to existences of legal
frameworks that control mob violence as a crime and that provide adequate punishment for mob
violence so as special law in the field.

This is because, the practices of the violent acts in a society have devastated socio- economic
impact unless its pre and post effects on society managed effectively. In relation to this, after
reviewing the literature on Mob violence the researcher found that the most research work has
focused on “the possible motives behind the use of mob violence by the public”33, “nature,
pattern and implications of mob justice”34 and “its implications in a society.”35 However, the
duty of the state provides a protection remain untouched by those literatures. And, therefore, this
paper examine the prevailing practice of control mob violence, protection provided by the state
and causes of shortfalls to providing protection against mob violence as a research problem and a
gap of previous literatures by taking the cases of violence that occurred in SNNP regional state
Sidama Zone Hagereselm town.
30
Pradesh, U, „Combating of mob lynching bill‟ (2019), Available at:
http://upslc.upsdc.gov.in/MediaGallery/7thReport.pdf. (Accessed 18 Dec 2019)
31
Ibid.
32
Ibid.
33
Emmanuel, E. „Criminological reflection on the incidence in jungle justice in Benin metropolis, southern Nigeria‟
(July, 2018) vol. 7(3), ISSN 2227-5452, 32
34
Yakob Tilahun, „Nature, pattern and implications of mob justice in suburbs Addis Abeba‟ (Addis Abeba university
2018)
35
Adu-Gyamfi, E. cited above at note 9

6
4. Research Objectives

4.1General Objective

The main objectives of the study examine the obligations of SNNP regional state in protecting its
residences against Mob violence and the major factors and challenges that would encounter the
state in discharging its duty by taking a case of Mob violence that occurred in Hgereselam town
in SidamaZone.

4.2 Specific Objective

 To examine the causes of mob violence that was occurred in 2019 GC in Sidama Zone
Hagereselm town;
 To investigating how the SNNP regional state discharge its duty to protect residents of
the town;
 Identify the major factors and challenges that encounter the SNNP regional state in its
effort of protecting residence of the Hagereselm town from Mob violence and
 Finally suggest the possible solution to the prevailing practice of the state response to the
problem of mob violence.

5. Research Questions
 What was the cause of mob violence in Hagereselm town?
 What measure taken by SNNP regional state to discharge its duty to protect residents
from Mob violence?
 What are prevailing factors and challenges that contribute to failure of SNNPR state to
address the problem of Mob violence that occurred in the Hagereselm town in 2019
G.C?

6. Research Methodology

This research thesis carried out by utilizing doctrinal and non-doctrinal research techniques or
methodologies. As such, the key methodological approach will be to use literature review, and
internet sources. It also relying on documentary sources of information that already existed in
some form like federal and state, constitution, books, relevant law journal articles, legislation,
internet sources and peer researches that relevant to the topic. Reference made to sociology and

7
psychology books, which are resources from other disciplines to explain the psychological and
sociological backgrounds of mob violence.

6.1 Research Design and Sampling Techniques

Research design described as “the plan according to which data is collected to investigate the
research hypothesis or question in the most economic manner”.36 This research gathered primary
data with semi-structured interviews. Interviews conducted with different people/groups/. The
group comprises of the police officers, prosecutor, judges, survivor of mob attack and his/her
family and other relevant body of the government. In this regard, the researcher mainly used the
experience and responsibility of participants as criteria to locate participants. The researcher also
employs non-probability sampling. From non- probability sampling purposive sampling used for
the recruitment of participants like police officers, prosecutors, judges, bureaus of militia and
other administrative agencies of the government. From such participants the researcher selected
participants based on their usefulness and knowledge to provide valuable information suitable for
the research. Again, secondary data collected from scholarly journals and books, periodicals,
dissertations, police reports and media reports.

7. Ethical Considerations

Since data collection requires permission of individuals or authorities, consent of participants of

the study secured and collected through formal cooperation letters of the head of school of law.
In the interpretation of data, the researcher tried to provide an accurate and unbiased account of
information and refrain from using language or words that could offend people for different
reason. Moreover, to get informant trust researcher uses the pseudonym “respondent” in an
attempt to protect and uphold the researcher‟s commitment to respondents.

8. Significance of the Study

The study could have a paramount significance to rethink the matters of mob violence, create
awareness show gaps and would be significant to resolve a problem from happening. The study
of the problem of mob Violence in relation to the obligation of the state to protect against such
violence may bring new insights to an existing area of legal thought as it extends the knowledge

36
G.K. Huysamen, „Research Methodology‟ (2005) P. 132

8
base that currently exists in the legal field. This achieved through the application of
interdisciplinary analysis to a legal issue. Moreover, it also helps as a base for potential
researchers, academician to conduct further studies on the issue and for policy; drafters as it
harness their special skills to the analysis of criminal activities and security issues in
communities and develop actual policy recommendations for law enforcement institution.

9. Scope of the Study

Because of the vastness of the study problem, the present research delimited into the following
important themes. First, regarding the legal frameworks it focuses on the legal obligation of the
state to provide protection against mob violence, rights of victims of such a violent crime and
explores challenges to protect such rights. Second, in relation to geographical scope it only
covers the actions of mob violence, which occurred in the Sidama Zone, Hagereselam town.
Third, about time, the scope delimited to a one-year period of mob violence action on the
selected areas. By that, the direction of the research is precisely in terms of concern in-depth
analysis of the problem with solid findings.

10. Limitations of the Study

The present study focused on the action of mob violence committed in the former Sidama Zone,
Hagereselm town. In terms of scholarly resources, there is no research product that dealing with
the issue under investigated, as results there are clear limitations of related sources of literature.
Again, the sensitivity of the issue concerns also another limitation, which prevents the researcher
from fully investigating the problem in detail. Likewise, the outbreak of COVED-19 as a
pandemic disease, in a countries highly influenced the process of the work especially, inability of
making extensive interview, to uncover relevant primary data sources. In addition, researcher
does not get a chance to exhaust those books that is relevant for the study from a library as it is
closed. Consequently, to some extent, these and other limitations faced in the process of
accompanying the present research. However to minimize effects of those limitation the
researcher uses online sources, conducting interview via cell phone and e-mails.

9
11. Organization of the Paper

The research is organized into five chapters. The first chapter introduces the study, which
includes background of the study, statement of the problem, objective of the study, the scope of
the study, research methodology, significance of the study, limitation of the study and ethical
consideration. The second chapter is literature reviews. Under this chapter concept, theories and
empirical literatures, which are relevant to the topic under investigation, are reviewed.

Chapter Three is devoted to entertain the obligation of the state to protect any individuals and
society from communal violence, practices and the law handling Mob violence in Ethiopia.
Chapter Four deals with analysis of data collected from various sources through different
methods specifically in relation to the causes and the driven factors to the mob violence in
Hagereselm town and how it has been handled by SNNP regional, state challenges and
opportunities. The last chapter or Chapter Five is dedicated to conclusion of research and
recommendations for implementation of the findings. At the end, bibliography and appendixes
are provided.

10
 CHAPTER TWO

2. Conceptual, theoretical and Empirical Literature review

2.1 Introduction
The literature review of research study accomplishes several purposes. It shares with the reader
the results of other studies that are closely related to the study under focus. Moreover, it aims to
highlight the existing knowledge on Mob violence and extend the viewpoints beyond what has
been presented by previous writers. Again, literature review used as a framework in analyzing
arguments on the topic in order to support logical conclusions.

Based on this, the chapter conduct review on theoretical and empirical literatures that are
relevant to understand mob violence as a concept and an experience. Theoretical concepts, the
definite meaning of the mob violence and its related terms that have a paramount importance to
clarify the concepts related to the study discussed.

An attempt also made to explain the driving factors to mob violence, the origin and the evolution
of the obligation of the state to provide protection for the citizen against such violent act. The
inclusion of such aspects is for the purposes of showing long recognized duty/role of the state in
suppressing mob violence or limiting its intensity and right of the citizen to get protection from
the state agencies.

Finally, the unit comprises the empirical review of related literature written on the topic under
study based on different countries' experiences.

2.2 Conceptual frameworks of mob violence

2.2.1Mob and Crowed

The terms like mob and Crowed used both in public opinion and in academic literature, as they
are similar in meaning.37 However, looking at their semantic history and use, their different
functions in political discourse becomes clear.38 To put simply, a crowed is nothing more than an
aggregation or collection of individuals who may or may not share a common purposes. 39 In
addition, usually Crowds are temporary in nature and do not usually act in a unified and singular

37
Tocqueville, A. „Mob, Crowed, people and masses: mass psychology and populism‟ (2018) Vol. 39 VIEWING
156
38
Ibid
39
Alvarez, A. and Bachman, R. cited above at note 5, p. 213

11
manner.40 A group waiting for a bus, standing in line or listening to a concert are all Crowds. A
mob on the other hand has very different connotations. The term “Mob” carries with it a
tremendous amount of implicit condemnation. In fact, the word “Mob” comes from the Latin
mobile vulgus, which literally means “the movable common people” and was meant to refer to
the fickleness or inconstancy of the crowd.41 The other terms often used synonymously have
been “rabble,” “herd, “and the “common mass” none of which particularly positive in meaning.
From these unflattering portrayals, we can see that mobs are often associated with the lower
classes, disorder, and a lack of respect for the law. They are usually portrayed as being
uncontrolled, unorganized, angry and emotional. Historically, those in positions or power and
authority to remove any legitimacy from this mass gathering typically used this arguments and
images.42 Even though, any of the riots throughout the history have been a response to injustice
and oppression. As such, it was in the best interests of those in power to portray mob violence as
merely an expression of blind range, rather than as a form of protest and resistance.43 In this
regards the term “Mob” therefore, is a politicized word as much as it does a descriptive one.
Because of its common usage, however, in this study, the researcher uses the term “Mob” for
convenience's sake.

2.2.2 Mob violence or Mob Justice: A search for conceptual definition

The phenomenon of Mob violence/justice or instant justice reported from diverse sources,
including the United Nations, United States State Department, non-governmental organizations
such as Human Rights Watch, and media outlets including British broadcasting Company, and
numerous African newspapers44

These reports expose the effects of human rights abuse, specifically resulting from mob
violence.45 The phenomenon of mob violence sometimes referred to as community vigilantism.46

40
Ibid
41
Peter H, the People and the Mob (The Ideology of Civil Conflict in Modern Europe (Westport, CT: Praeger
(1992)) P. 123
42
Alvarez, A. and Bachman, R. cited above at note 5, p. 213
43
Julius R. Ruff, Violence in Early Modern Europe, (New York: Cambridge University Press, (2001)) Pp. 1500–
1800
44
Paul, M. and James, N, „Mob justice in Tanzania: a medico-social problem‟( 2006) Available at:
https://www.researchgate.net/publication/7164084
45
Emmanuel, Y. and Thomas, A. „A Critical Assessment of Public Administration and Civil Disobedience in
Developing African Democracies: An Institutional Analysis of Mob Justice in Ghana, Journal of Law, Policy and
Globalization‟ (July2014) Vol.28, p. 4
46
Ibid

12
Thus, because, as it practiced by a mob, usually several dozens or several hundred persons take
the law into their hands in order to injure and kill a person accused of wrongdoing. This suggests
that mob violence may range from few to hundreds of people who through their actions are
hungry for justice and disobedient to the administration.47 In addition, that mob action may be
either planned or unplanned, and involves the use of weapons such as stones, blocks, sticks, iron
rods and other metal substances.48 Accordingly, mob violence can take the form of lynching,
vigilantism, and rioting. This is to say that, non-state unilateral collective violence may come in
diverse forms.49

2.2.3 Typologies of Mob violence

Researchers of this typology advise caution against the risk of oversimplification. However,
despite this problem, the suggested typology may be potentially useful for our analysis.

Moreover, in this regard, we examine three of the most well-known forms of mob violence: riots,
lynch mobs, and vigilante groups. All three are forms of collective behavior that are relatively
spontaneous and unplanned, (even if there are exceptions), and the groups are relatively
unorganized.50 In relation to these, the researcher believes that such ways of organizing and
categorizing help to understand the continuum of collective behavior that ranges from the most
violence, prone to the least. Each type of mob violence differentiated by its level or organization.
Riots tend to be more spontaneous and least organized; lynch mobs falls somewhere in the
middle of continuum; while vigilant groups are often the most planned and organized. 51 Such
distinction seems arbitrary, and that many of the qualities of riots, lynching, and vigilantism is
virtually indistinguishable from each other.

In general, for conceptual clarity and for ease of discussion, analysis discussing them as separate
entities are important and lets us begins with riots:

2.3.1 Riots
Riots have been defined a number of ways by different scholars, and for instance, Paul Gilje,
who has studied riots extensively, asserts that riots are “ any group of twelve or more people

47
Ibid
48
Ibid
49
Ibid
50
Alvarez, A. and Bachman, R. cited above at notes 5, p. 213
51
Ibid , p.216

13
attempting to assert their will immediately through the use of force outside the normal bounds of
the law.”52 Thus, according Gilje, such setting of the threshold for a riot of 12/twelve/ people
seems somewhat subjective; it does reinforce the idea that riots are a form of crowd violence.

On the other hand, Charles Tilly suggests, “the word riot embodies a political judgment rather
than analytical distinction.”53 Thus, according to his view the governmental authority most of
the time label riot as damage-doing gatherings, by using the negative terms like protest,
resistances, or retaliation. Nevertheless, work of Tilly reminds us that the meaning of a riot,
depending up on who is involved, the reason for the violence, and the social audience. Like
many other forms of collective violent riots are common features of any society.

For instance, from the earliest days of this nation to the present day, riots have often been a
featured part of American life, i.e. romanticized examples of civil disobedience such as the
“Boston Tea Party” and the “Boston Massacre” is perhaps more accurately remembered as
riots.54 In addition, these traditional forms of civil unrest and destruction continue into the
present day, as long as the practice filled with many different riots practiced in the present
societies.

As mentioned above, riots happen when a group of the people reacts to some grievance to
achieve some political and social goals. With this regard, racially and politically motivated riots
are most destructive and widespread one in racially and politically divisive society.

2.3.2 Lynching
Vocabulary.com describes lynching as putting to death of a person through a Mob action without
recourse to the law, or “… an unlawful murder by an angry mob of people.” Throughout history,
dominant groups have used lynching as controlling minorities. When people take the law into
their own hands and decide to punish a suspected criminal or merely a person who is challenging
the status-quo the result can unfortunately be a lynching. Initially Lynching is non-lethal in
nature, but over time it evolved to become a much more lethal and deadly form of social control,

52
Alvarez, A and Bachman, R. cited above at note 5, p. 218
53
Tilly, C. the politics of collective violence, (Cambridge studies in contentions politics.) New York press
(2004)
54
Alvarez, A. and Bachman, cited above at note 5. p. 218

14
which typically included torture, mutilation, hanging, and burning.55 Lynching has most often-
involved hanging, especially during the period of racially motivated Lynching in the American
South.56

Thus, historically, lynching in the U.S.A were not isolated incidents as it serves as a tool to
whites to maintaining social control, or to protect their privileged way of life relative to blacks.
In fact, lynching by small groups of whites or mobs against black Americans were so prevalent
between 1880 and 1930 that Stewart Tolnay and E.M.Beck have referred to these years in U.S
history as the “Lynching Era.”57 Although there were many organized groups that fought to
retain white supremacy during this time, the Ku Klux Klan (KKK) is probably the most well-
known. The KKK was founded in 1866, its main purpose being to fight reconstruction efforts.

Today, the number of members in various organizations related to the KKK has dwindled;
however, the Klan is still alive and well, holding annual rallies and marches across the country.58
The organization‟s scope of intolerance has widened and Klan now professes anti-Jewish, anti-
Catholic, anti-gay, anti-immigration, and anti-Muslim.59 In sum, the purpose of lynching against
the blacks in USA was not solely to impose justice, but to create a reign of terror within the
African American community and to make a political statement that blacks who did not submit
to white rule would be severely dealt with.

As we noted earlier, African Americans were not the only victims of lynch mobs in the United
States. At various times and in various locations, Cubans, Mexicans, Native Americans, union
organizers, Northern sympathizers, and many others were victims of lynch mobs.60

In this regard, it is important to know that even if most of such a ritualistic lynching relegated to
the history of America, but it has not disappeared entirely and killing in the name of hate still
continues as the case of Michael Donald illustrates. Thus, accordingly, the two Ku Klux Klan
members, Henry Hays and James Knowles, forced Michael Donald, African American

55
Ibid, p. 224
56
Ibid, p. 234
57
Ibid
58
Alvarez, A. and Bachman, cited above at note 5, R. p. 226
59
Ibid, p. 226
60
Ibid, p. 229

15
community member, into their cars, and drove him to the next country where they beat him with
the tree limb, slit hid throat, and then hung him from a tree.61

The investigation of the reasons of the death of Donald took two and a half years, but the FBI
finally linked Hays and Knowles to the murder and both were ultimately convicted.62

In general, the researcher presents such in depth accounts about the practices of lynching in USA
to clarify its natures and forms for purposes of general understanding, saving that it has been
found in nearly all modern societies at one point or another.

2.3.3 Vigilantism/Vigilante violence/

Prior studies of vigilante violence have provided valuable contributions, in this regard, research
undertaken by Rosenbaum and Sederberg was essential in defining vigilantism, and helps shed
light on the phenomenon. They argued that, “Vigilantism is simply establishment violence, it
consists of acts or threats of coercion in violation of the formal boundaries of an established
socio-political order which, however, are intended by the violators to defend that order from
some form of subversion”.63

Here, vigilantism includes both positive and negative aspects. The former implies that the
organized actions of the citizens aiming to actively stand against the male-administration of
government (Regime Control Vigilantism); while the latter aspects, refer to illegal measures
often employed in the effort to keep order and avenge the initial crime, thus, taking over the
state, role in protecting its citizens (Crime Control Vigilantism).64

Accordingly, regime control vigilantes, occurs when certain groups feel the current regime or
government is not protecting their interests and by means of violent action, they aim to alter the
regime's functioning. Therefore, such violence aimed at only political officials.

Michael Donald‟s case Southern Poverty Law Center‟s, available at:

61

http://www.splcenter.org/legal/docket/files.jsp?cdrID=10
62
Ibid
63
Pedahzur, A. and Perliger, A. „the Causes of Vigilante Political Violence: The Case of Jewish Settlers‟ (2003)
Vol.6, P. 10
64
Ibid

16
On the other hand, crime control vigilantes, occurred to struggle against the perpetrators who
manage to escape from arm of the law after causing damage to the property or harm to the
people.

Moreover, different literature reveals that the three conditions which affect the righteous anger to
turn into vigilante violence.

First, when people perceive authorities as illegitimate and institutions are effective, they can pose
a challenge to the legal system by resorting to an alternate system of redress and grievances, that
is, self-help, which can take the form of vigilante violence.65 Thus, the relationship between
66
vigilante violence and legal legitimacy studied in various countries, including Nigeria, Ghana,
67 68
and Latin America. Alternatively, Bottoms and Tankebe viewed legal legitimacy as a
concept, including lawfulness, procedural justice, and insufficient response by government and
effectiveness.69

In addition, given the ample evidence produced by such earlier studies, we conclude that when
people perceive the institution of government corrupt, ineffective and procedurally unjust, they
are more likely to consider vigilante violence as a possible line of action.

Second, condition related to people‟s experience with violence that shaped by long-term and
wider-scale social processes, thus, because violent behavior is in part socially learned behavior.70
Due to this vigilante, violence appears more often in society with high nature of violence as the
prior study suggests.

The third condition is the degree to which authorities encourage the use of vigilante violence. 71
In this way, authorities not only provide cover to vigilantes, but also justify and legitimize their
acts of violence, and in addition, to that, the worst case is that, a common administrator, police,
and soldiers are also openly involved frequently in some cases, as mentioned by eye witness and

65
Asif, M and Weenink, D, Vigilante rituals theory: A cultural explanation of vigilante violence, (University of
Amsterdam, The Netherlands) ( 2019) P. 11
66
Smith, D The Bakassi Boys: „Vigilantism, Violence, and Political Imagination in Nigeria‟ (Brown University)
.(2004), available at: https://anthrosource.onlinelibrary.wiley.com/doi/pdf/10.1525/can.2004.19.3.429
67
Tankebe, J. „Public confidence in the police: Testing the Effects of Public Experiences of Police Corruption in
Ghana‟ (2009). Available at: https://www.researchgate.net/publication/228213263
68
Nivette, E. „Institutional ineffectiveness, illegitimacy, and public support for vigilantism in Latin America‟ (2016)
Available at: https://onlinelibrary.wiley.com/doi/10.1111/1745-9125.12099
69
Asif, M and Weenink, D, cited above at note 65, p. 11
70
Ibid
71
Ibid

17
victims.72 Moreover, such situations related with state created danger as long as state officials
play a role in creating or increasing danger that eventually harms an individual and this situation
treated latter on in relation to area under study.

2.4 Theoretical frameworks of the actions of Mob violence

2.4.1 Different theories on Mobs and Crowds

A number of different theories on the behavior of crowds have been suggested, most often
beginning with the work of Gustave LeBon who is sometimes referred to as the “grandfather of
collective behavior theory.”73 He attempted to explain the seeming transformation of reasonable
individuals into seemingly out-of-control and violent people when in a mob.74In LeBon‟s view,
crowd behavior is essentially contagious, so if one person gets excited, angry, and/or violent,
others will quickly notice these emotions and actions. In a way, he was suggesting that
individuals in a crowd are easily swayed by the mood and behavior of the collective because at
an unconscious level we are programmed to do so. Individual conscious personality disappears
and is replaced by a collective mind that, in LeBon‟s view, is credulous, impulsive, emotional,
without moral responsibility, less intelligent than individuals, and blindly obedient to charismatic
leaders who “hypnotize “and mobilize a crowd into action. 75 Moreover, in relation to this, he
suggests that:

“We see, that the disappearance of the conscious personality, the predominance of the
unconscious, the turning by means of suggestion and contagion of feelings and ideas in an
identical direction, the tendency immediately to transform the suggested ideas into acts; these we
see, are the principal characteristics of the individual forming part of a crowd. He is no longer
himself, but has become an automaton that has ceased to be guided by his will.”76

The work of Gustave LeBon was later expanded upon by Herbert Blumer, who sketched out the
transformation of a crowd into a mob.77 According to his view, first something should happens
that excite and able to draw people together and the crowed should focused on a common

72
Yakob Tilahun „Nature, Patterns and Implications of Mob Justice in the Suburbs Addis Ababa. (The Case Study
Involved in an Eyewitness Account)‟ (2019)
73
R. A. Berk, Collective Behavior (New York: Brown ( 1974)) p. 20
74
Alvarez, A. and Bachman, R. cited above at note 5, p. 214
75
Dean, M, The Behavior of Crowds: A Psychological Study (New York: Harper & Brothers( 1920)) p. 34
76
Lebon, G, , The Crowd (London: Ernest Benn ( 1952)) p. 32
77
Alvarez, A. and Bachman, R. cited above at note 5, p. 214

18
element that strength the emotion. And then someone throws a rock or smashes a car window
and others in the crowd, caught up in the moment, also unleash their aggression and begin acting
violently; thus is a situation that a mob is born. In this regards assumptions suggested by both
LeBon‟s and Blumer‟s criticized due to its limitations as it tends to simplify the actions of the
mob and focus exclusively on emotional and irrational elements of crowed behavior, while
ignoring or downplaying the more instrumental aspects of mob violence that are „purposes or
causes and reasons of mob violence‟.78 {Emphasis added}. Recent work on individuals in mobs
views them as much more rational than the earlier conceptualizations. Clark McPhail, after
extensively reviewing the major theories and perspectives on crowd behavior, definitely asserts,
“Individuals are not driven mad by crowds; nor do they lose cognitive control!”79 Instead, he
suggests that much crowd behavior is a rational attempt to accomplish or prevent some sort of
social change. Importantly, he also acknowledges that this rationality is affected and informed by
emotional and affective elements.80 Similarly, the historian Paul Gilje points out that mobs are
often very selective in their choice of victims and targets, which does not support the notion of
mindless violence. He says:

“Riotous crowds do not act merely on impulse and are not fickle. There is a reason behind
the actions of the rioters, no matter how violent those actions may be. This rationality has
two major components. First, the mob‟s tumultuous behavior is directly connected to
grievances of those involved in the riot. A tumultuous crowd does not ordinarily engage in
wanton destruction of persons and property. Instead, they seize upon some object or objects
that represent the forces that propelled them into the riot originally.”81
Hence, based on Paul Gilje‟s point of views, the recent perspectives about Mobs or Crowds
acknowledges that even if they affected by emotion and may sometimes get out of control, they
are also fundamentally rational responses to specific political, social, religious, racial, and
economic catalysts. Here the assumptions made by Clark McPhail and Paul Gilje are relevant
sound in explaining and analyzing the case under study.

2.4.2 The theories of state created danger and its role in riot formation
Traditionally, the theories of state created danger continued to develop in court proceedings. The
court imposes the substantive due process obligation on the state to protect certain individuals
78
Alvarez, A. and Bachman, R. cited above at note 5, p. 215
79
McPhail, C. the Myth of the Madding Crowd (New York: Aldine De Gruyter ( 1991)) P. 225
80
Alvarez, A. and Bachman, R. supra note 5, p. 215
81
Paul A. Gilje, Rioting in America, (Bloomington: Indiana University Press ,( 1996) p. 227

19
when the state affirmatively places a particular individual in a position of danger the individual
would not otherwise have faced. Moreover, for instance courts are unlikely to venture forth into
an area of liability so far ranging and all encompassing.82 Proof positive of this point is the
court's opinion in Estate of Rosenbaum v. City of New York.83 Although the court readily
concluded that, the plaintiffs' claims, predicated on the state-created danger doctrine, properly set
forth a substantive due process basis for relief.84

In this regards these studies have no aim to make or modify the state-created danger doctrine, nor
do they prove what happened to the parties in court. Rather, it evaluates factual claims pertaining
to the State's role in creating or increasing dangers to private citizens from mob violence in the
context of a particular riot situation. In this case, it is not controversial for liability of state actors
when the state legally mandated breaches its duty to protect by creating or increasing dangers
that eventually harms an individual.

2.4.3 The Drivers of Mob violence

It is believed that the mob violence stems from social conflicts that is the conflicting interests of
different groups within a society and the conflicting interests that created between the state and
the needs of the society or people. Here, John Burton, one of the pioneers of the human need
theory, opines that, “a violent conflict is likely to be caused by the need for identity, autonomy,
and resource.” Accordingly, successful reduction and final resolution of mob violence must
involve satisfying those needs of the parties involved that are being frustrated by existing
conditions and relationships.

With this in mind, this study analyzes the key drivers of mob violence, and accordingly different
disciplines have done research on the driving factors or causes of mob violence and finally they
have come up with most commonly stated or theorized factors. They generally agreed that, mob
violence occurred for a number of reasons that presented in news reports, academic writing,
human rights reporting or the perpetrators themselves. Accordingly, the existences of inefficient
and ineffective institutions and law enforcement agencies, ineffective response or delay of
response of the government for needs of people, male- administrations of the government,

82
Susan S. Kuo. „Bringing in the State: Toward a Constitutional Duty to Protect from Mob Violence‟ (2004)
Volume 79 JHLL 177 p. 181
83
Ibid
84
Ibid

20
unsatisfactory performances of security agents and ineffective legal system are greatly influences
mob violence and have great implication on how people obey the law and trust the legal
regime.85

To put differently, if the state institutions work effectively, professionally, impartially and
actively responsive to conflict crated among society and conflicting interests between state and
society, these will inspire confidence and trust among community to obey legal regime without
recourses to mob violence. Thus the researcher believe that the aforesaid theory and assertion is
important while discussing the needs of the people and response from government in relation to
study area and to substantiate driving factors of mob violence in such particular area under
study.

Furthermore, the aforesaid assertions further proved by prior research, for instance, In the
bachelor degree thesis: The right to life – A case study of the mob justice “system” in Uganda
from 2001, Nalukenge, A. Examines the relationship between mob justice (or mob violence) and
weaknesses in the judicial system alongside the police. Nalukenge‟s (2001) conclusion is that the
causes of mob violence/justice/ are rooted in an insufficient legal structure where weak laws (and
following punishment) do not match the impact of the crimes committed, whereby people take
the law into their own hands. She also states that the mentality of punishing a person responsible
for someone‟s else‟s death by taking his/her life (an eye for an eye), is ingrained in the Ugandan
culture and connected to a widely spread public illiteracy.

The other notable works with driving factors of mob violence, is Mutabazi (2006), in his
quantitative master degree dissertation: Mob violence/ justice/ as a violation of an individual´s
human rights: A case study of Kampala District from 2006, Sam Stewart Mutabazi also tries to
establish the causes of mob violence in Kampala District. Furthermore, his objectives are to
investigate if there might be any general mob violence perpetrators within the district of
Kampala, how the public are affected by the phenomenon and how it should be prevented.
Throughout the research, Mutabazi (2006) finds that the members of the public derive the causes
of mob violence to the incompetent and inefficient legal system in Uganda and that encourages
murder and lawlessness among the public, according to Mutabazi.

85
UN Secretary-General 2009, available at: http://www.refworld.org/docid/4a9e2c1e0html 20. [accessed 15
February 2020]

21
2.4.4 The adverse relationship between Mob violence and Human rights
As Human Rights considered as the foundation of democracy, the UN has three core instruments
that protect Human Rights, namely; the Universal Declaration of Human Rights (UDHR), 1948,
the International Covenant on Civil and Political Rights (ICCPR), 1966, the International
Covenant on Economic, Social and Cultural Rights (ICESR), 1966. In addition, these
instruments constitute the international bill of Rights and member states of UN, required to
incorporate most international rights norms into the country's legal system and provides adequate
measures to enforce them.86

Based on the provisions of the UDHR which declares a series of political, civil, economic, social
and cultural rights, Dejo Olowu, (2012), in his work “Shifting the Matrix of Humanity,” provides
in-depth and inclusive definition of Human Rights in the following words;

“Human rights are characteristically understood, following the apparent, literal

sense of the term, as the rights that one has simply because one is human. That they
are universal rights in that every human being has them; that they are equal rights
in that one either is a human being, and therefore has these rights equally, or is not
a human being, in which case one does not have them; and that they are
inalienable rights: one cannot stop being a human being, and thus cannot stop
having these rights.”

Thus shows that, all human beings are born free and equal in dignity and rights. Moreover, they
are endowed with reason and conscience that should act towards one another in a spirit of
brotherhood.87 The notion of brotherhood can be explained by the argument that; "human beings
have a relational and social dimension; “human flourishing is not possible without regard to this
interpersonal perspective which generates a large tapestry of rights and obligations as between
individuals, groups and society.”88 Our needs of each other will compel us to treat each other
with dignity and equality.89

86
Ibid, p. 19
87
See a preamble of Universal Declaration of Human Rights(UDHR), (1948)
88
Sibanda, M, „Contextualizing the Right to Life and the Phenomenon of Mob Justice in South Africa‟ ( 2014) P. 52
89
Ibid

22
Among the protected rights article 3 provides that, everyone has the right to life, liberty and
security of person.90 Furthermore, article 5 grants the right not to subject to torture or to cruel,
inhuman or degrading treatment or punishment.91

The dignity and worth of the human person underscored in the preamble to the Charter of the
United Nations, (UN Charter) 1945, and the Preamble to the UDHR. The ICCPR and the
ICESCR regard it as "the inherent...and inalienable right of all members of the human family the
foundation of freedom, justice and peace in the world."92 In addition, there are a number of
human right instruments at a regional and national level that protect and recognize Human
Rights.

Thus, such aforesaid international, regional and national Human Right instruments demonstrate
the importance of the Human Rights and despite all these safeguards available to the peoples
there has been a constant increase in the incidents of mob lynching as a specific form of violation
of such fundamental rights.

Consequently, mob violence constitutes of the incidents that the victims assaulted or killed and
property vandalized by the mob. In this regards, when vigilantism increased within a society, it
also increases Human Right violations and due to this human rights faces unprecedented
challenges and it poses essential dilemmas.93 And such situation also highly impends states‟ role
of protecting of Human Right, due to this state fails to comply with Human Right obligations
under national, regional and international Human Right law. However, in any cases the
government should handle the issues immediately in order to protect human rights.

2.4.5 Needs of Strategic response to address Mob violence

As stated earlier, mob violence is a criminal act that affects public order, create insecurity, fear
and erosion of trust on the regime. Thus, its challenges are apparent that the state acts upon the
crisis caused by the mob. Due to this many impediments occurred, especially on the criminal
justice system as far as the implementation of the Constitutional rights and crime control
measures concerned. This because from human right perspective, a state may be held responsible

90
Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Ret 217 A(III) UDHR)
91
Ibid
92
Sibanda, M. cited above at note 88, P. 18
93
Carmen, C. „Human rights violations in conflict settings‟, (Oxford University press (2014)) p. 4

23
for the death, and „for the destruction of the property‟ as long as it failed to protect such
rights.94{Emphasis added}

In this regards, if the state was genuine in its concerns about the protection of human rights,
especially right to life and property, it would not be a question of many lives and property lost at
once, but the loss of one life or property under mob would compel the state to act upon it.95

By considering the previously mentioned challenges and the counter obligation of the state to
protect its people there is a need of strategic and effective responses to the problem of mob
violence.

2.4.6 The duty of the state to protect its citizen from Mob violence
As stated earlier, mob violence imposes horrific impacts on human rights through causing the
loss of life, torture and sexual violence, the destruction of infrastructure and wide spread
displacements. These are the greatest violation of human rights unless positive measure taken to
protect such rights.

In relation to this, there is no shadow of doubt that the authorities that conferred with the
responsibility to maintain law and order have the principal obligation to see that Mob violence
does not take place.96 In addition, it is not controversial that the security of the civilian
populations covered by sovereignty of each state.97A duty of providing protection is affirmative
or the positive obligation of the state to protect individuals from private danger, which stems
from the state‟s onerous duty to insure that no individual or any core groups, takes the law into
their own hands.

To effectively, carry out such duty, the legislation that ban the practices of mob violence must
adopted and such prohibition must respected. Thus, because it is insufficient for the prohibition
merely to exist as a formality.98 To this ends, steps must take to ensure that, where prohibition
not respected there is no impurity. In addition, there should be a penalty for committing such
offense, which takes into account the seriousness of such offense, and again, there must be an

94
Thompson, K. and Giffard, C. Reporting Killings as Human Rights Violations Handbook. Human right
center(University of Essex(2002)) P. 34
95
Sibanda, M.( 2014), cited above at note 88, p. 5
96
Pradesh, U. (2019), cited above at note, 30
97
Volker, M. „Responsibility in International law‟(2012) vol. 16 p. 141
98
Kate, T. and Giffard, C. „Reporting Killings as Human Rights Violations‟ (2002) P.31

24
effective investigation. When investigation concerned, the judiciary must be impartial and must
not treat officials differently from another person and if they found guilty the penalty must
applied appropriately. Overall, by doing so, the state ensures the controlling or dispersing the
mob.

Again, to effect full protection, the state provides an effective domestic remedy for human rights
violations through mob violence. This is an essential condition for effective protection and
enforceability of every right.99 In addition, the state should insure that fair administrative and
judicial systems exist to provide access to criminal and civil sanctions and disciplinary measures
that equally applied even for those responsible state officials.100 In addition, provisions of fair
and adequate compensation should be provided as essential parts of providing a remedy for the
victims‟ family.101

2.4.7 The origins and evolutions of the obligation to protect citizens/residence from Mob
violence
Historically under English common law, there is the law that serves as the foundation for
governmental duty to protect citizens from mob violence.102 Under such law, local governments
were responsible for providing riot protection for their denizens.103 In keeping with the English
tradition, early state laws in the United States also provided for communal riot responsibility, and
when the states ratified the Fourteenth Amendment, state obligations in the riot context were
well established.104 Thus, the riot acts find its roots in Anglo-American legal tradition as far
back as the tenth century. In England, such traditional rules provide for governmental financial
liability for property losses resulting from mob violence.105

This clearly proves that the duty of providing protection from mob violence is not without
historical precedent and today, few states have retained their riot responsibility statutes, leaving
most victims of mob violence without relief or recompense.

99
Ibid p. 36
100
Ibid
101
Ibid
102
Susan S. Kuo, ( 2004), cited above at note 82 p. 181
103
Ibid
104
Ibid
105
Ibid

25
Moreover, in addition to the existences of onerous duty of the state to provide protection against
mob violence again the citizens have the natural rights to protection from violence. The roots of
such law lay in the common law tradition and natural right theory.106

In this regards it is necessary to explore these sources to understand the concept of the origins of
citizens‟ right of protection from any violence:

a) The Common Law Tradition and the Original Contract

The right to protection has deep rooted in English legal tradition. Such doctrine highly
influenced and received the classical expression of Sir Edward Coke in Calvin‟s case. 107 In this
case, he defined the relationship between sovereign and subjects in terms of “a mutual bond and
obligation.” Under which the subject owed allegiance or obedience, while the sovereign was
bound to govern and protect his subjects. According, to Coke this reciprocal obligation inherent
in the very nature of the relationship between kings and subject. In addition, as Coke made clear,
the king‟s duty of protection includes the obligation to protect his subjects from violence in all
places.108 Coke's formulation of the reciprocal obligations of king and subject accepted as a
fundamental principle of English constitutionalism. However, the basis of this doctrine
transformed into a conception of an "original contract" between king and people, under which
the people promised obedience in return for the ruler's protection.

b) The Social Contract and Locke's Second Treatise

Other major sources of the right of the protection were the theory of natural right and the social
contract. The most influential exposition of this theory was John Lock‟s. Accordingly, he based
the right to protect on the consent of the free individuals to enter into society and establish a
government for the preservation of their natural rights. 109 Locke maintained that, in a state of
nature, every individual has the right to enforce the law of nature by restraining and punishing
violations of natural rights and it renders the unsecure enjoyment of rights.110

106
Steven, J. Heyman, (1984), cited above at note 11 p. 513
107
Steve Sheppard, (2003), the selected writings and speeches of Sir Edward Coke, Library of Congress Cataloging-
in-Publication Data Coke, Edward, Sir, 1552–1634. [Selections. 2003] The selected writings and speeches of Sir
Edward Coke edited by Steve Sheppard. P. 513
108
Ibid
109
Ibid, p. 514
110
Ibid

26
2.4.8 State Capacity Problems in suppressing and constraining Mob violence
In this regards, the state capacity described as the ability of public safety agencies to carry out
their purposes and goals. Alongside, the state capacity problems prevent a state agency from
effectively providing its services. In concern with capacity problem a well-known writer on the
riot context, Professor Bert Useem suggests that, in order to effectively respond the collective
disorder, the state must solve certain capacity problems relating to strategy, command, planning
and preparation.111 He identifies such capacity problem of state while assessing the 1992 Los
Angeles Riot, which was the worst urban riot in UN history, exceeding all others in death and
destruction.112

Accordingly, the variables like planning, strategies, command and preparation directly influence
the level of harm caused by a riot and the state capacity of effectively control mob violence as
advised by professor Useem.

Again, his analysis reveals that, different situations that upset state capacity in riot context like,
top-down control and command structure which delay the implementation of appropriate tactics
to control the riot and resulted unsuccessful management and confusion in the ranks.113
Moreover, poor placement and equipage of command post which was the nerve center of police
response; Inability of executive officials to act quickly or decisively in requiring the police to
restore peace and order; in addition, inability to deploy the sufficient personnel to keep stable
condition from escalating into violence raised in his work as capacity problem of state to control
the incident of mob violence.114

2.5 Empirical Literature Review

2.5.1 Mob violence and experiences’ in different jurisdictions

2.5.2 Introduction
The violent situations of the mob are common to many countries. For instance, jurisdictions like
India and South African experiences the same phenomena. Such countries‟ shares common
features with Ethiopia, as they are one of the most diverse countries in the world in terms of
politics and cultures, and they experience mob violence in every year.

111
Ibid, 227
112
Ibid
113
Ibid, 234
114
Ibid

27
Moreover, the researcher selects those countries to understand non-domestic crisis caused by
mob violence and to look at the method adopted by them to curb such violence. In addition, after
discussing, the mob situation in selected countries researcher would like to address the situation
of mob violence in Ethiopia and the method adopted to curb discussed in separate units.

2.6 Mob violence in India

2.6.1 Historical background of Mob violence in India

Lynching originated in the 19th century in America, where white mobs lynched black Americans;
if they crossed any historically embedded hierarchical boundary and to instill a sense of fear
amongst them.115

Organized pogroms, large-scale intergroup violence and mob violence against oppressed and
discriminated groups has existed in India and across South Asia since before independence. 116
Since 1947, India has witnessed several distinct types of mob violence.117 The kind of mob
violence that has typically been termed “religious rioting” is perceived as taking place between
Hindu and Muslim communities, although in the last four decades. It has consisted mostly of
Hindu mobs inflicting damage upon Muslim bodies and property, and in the notable case of
1984, on Sikhs, compared to the other way around; and in some places upon Christians
(especially in Central India and North Eastern states).118

Some mob violence closely related to caste hierarchies, wherein dominant castes have inflicted
extreme violence and atrocities upon Dalits and other oppressed groups outside the caste
hierarchy.

Many of these “incidents” have been demonstrated through fact-finding missions to be

systematically organized pogroms, which ultimately displace hundreds of thousands from the
targeted minority communities, destroy homes and businesses, and leave the families of the dead

115
Mob violence in India and its relation with IPC (National University Study and research in law) Available at:
https://www.academia.edu/41003419/mob-lynching_in_india_and_its_relation_with_ipc accessed 21 February 2020
116
Shakuntala, B. and Ram, B.(2018), What Sapp Vigilantes: An exploration of citizen reception and circulation of
WhatsApp misinformation linked to mob violence in India, available at: http://www.lse.ac.uk/media-and-
communications/assets/documents/research/projects/WhatsApp-Misinformation-Report.pdf accessed 20 Feb, 2020
117
Ibid
118
Ibid

28
or missing traumatized and fighting for justice.119 Thus, it can be seen, and therefore, that what is
called “Mob violence” is not a homogeneous phenomenon rather it has a long and politically
motivated as well as a socially disciplinary function in India.120

Since 2012, extreme violence relating to the rhetorical “protection of cows” has been on the rise.
Thus, because in India, the cow has been given the status of a sacred and animal and is
worshipped various places and to kill which is considered a sin. To this ends, most of the states
have enacted laws to prohibit the slaughter of cows.121

Even in recent, time in January to December 2017, 25 cases of vigilante violence in the name of
cow have been reported from across India. The attacks have largely been carried out by “self-
proclaimed vigilantes” who have mushroomed in recent times with a state‟s inclination of
bringing in laws to ban cattle slaughter or trade. Some of the groups that carried out the attacks
are GauRaksha Dal, Rath Gaushalaetc.122

India is currently witnessing a specific form of violation of fundamental rights that carried out in
the name of protection of cow and mostly targeted towards the Muslim population of the
country. These attacks are justified as “mob attacks in the name of cow protection” and further
described as a “current state of lawlessness under the rubric of cow protection” by a news
agency.123 Although attacks of similar nature took place before, in the year 2017 the vigilante
and know these attacks attained their peak.124

2.6.2 Reasons behind Mob Violence in India

The reason behind commission of an act of mob violence cannot be attributed to one factor as
many factors can contribute towards such violence. In this regards in India the most common
ones is technology.125

119
Manjula, P. and Gautam, T. Fact Finding Report; available at:
https://www.academia.edu/40680158/WhatsApp_Vigilantes_An_exploration_of_citizen_reception_and_circulation
_of_WhatsApp_misinformation_linked_to_mob_violence_in_India accessed 21 Feb 2020
120
Yakob Tilahun. (2018), cited above at note 72
121
Ashraya S. „Mob Lynching in India: Present and Future Prospects‟(2018-19) P. 4
122
Ibid
123
Ibid
124
Ibid
125
Mob violence in India and its relation with IPC, cited above at Note 115, p. 8

29
In the last one year, 28 people across nine Indian states have been lynched in separate incidents,
which have been triggered by rumors spread on social media. Of these, more than 20 people
were victims of mob lynching in the last two months alone. One such incident occurred
on 15 July 2018 in Karnataka when a software engineer was beaten to death on the
suspicion of being a kidnapper. Moreover, the spate of lynching has started last May in the
eastern Jharkhand state after rumors on What Sapp about child kidnappers led to the killing of
seven men. The rumors have since resurfaced, with 21 deaths reported in dozens of attacks
across the country mostly targeting non-locals.126

The other contributor to such mob violence is the vigilante group. This group proclaims
themselves as real dispensers of justice and perpetrated Mob violence on vulnerable individuals.
They barge into the homes and checks the meat in the refrigerator, attack the place of worship of
the minority.127

Undoubtedly, the political outfits and organization behind previously mentioned attacks of
violence harness the results of such crimes by molding them into a political and social
propaganda to brainwash one particular community against another.128

Thus, the political backing of such groups gives them the courage to commit the act of violence
against minority or the weaker sections of the societies.129

2.6.3Current Status of Law and Order Relating To Mob Violence in India

Currently there is no special provision or law that specifically deals with Mob lynching or hate
violence in India, but there are some other provisions related to such violence.

When we look into existing provision of law the code of criminal procedure under section
223(2), provides that the mob involved in the same offense and in the same act can be tried
together. And also the Indian penal code(IPC), of 1860 has some proximity sections related to
hate speech and hate crimes under section 153A (promoting enmity between different groups on

126
Ibid
127
Mob violence in India and its relation with IPC, cited above at Note 115, p. 9
128
Aman, G. „Mob lynching, the conundrum of instant justice‟ (National Law University, Jodhpur, The
World Journal on Juristic Polity) Available
at:https://www.academia.edu/38522254/Mob_Lynchings_in_India_Present_and_Future_Prospects
accessed 21 Feb 2020
129
Ibid

30
ground of religion, race, place of birth, residence, language etc; and doing act prejudicial to
maintenance of harmony), 153B (imputation, assertion, prejudicial to national integration),
section 505 (statements conducting to public mischief), but as seen in majority of the cases,
these sections weren‟t imposed up on the perpetrators and only sections against individuals such
as section 302 (punishment for murder), 307 (attempt to murder), 323 (punishment for causing
hurt) etc. are applied because of which crime is seen as an offense against individual and not on
the community. Such an approach is not justified as incidents like Mob violence seen from
communal lenses and are usually targeted against a certain minority, caste, religious etc. and is a
matter of public order and not merely an offense against a person. The offense of lynching
usually takes place as an organized crime against a community so it must be considered as
heinous offense. Again, those laws are conservative laws and little penalizes action that is “hate
inspired” and which implicitly involve crimes by majority groups against vulnerable
community.130

Again, as long as India is the state party to the UN there are international instruments that
support the victims of mob lynching. Article seven (7), of the Universal Declaration of Human
Right (UDHR), provides equality before the law, equal protection of the law, and the protection
against discrimination. Article 20, of the International convention on Civil and Political Right
(ICCPR) state that “any advocacy of national, racial, or religious hatred that constitute an
incitement to discrimination, hostility or violence shall be prohibited by law.”

The International Convention on the Elimination of all forms of Racial Discrimination also in its
article 4 regards the incitement and actions based on ideas of racial superiority or hatred, among
others.

Last but not the least, the Indian Constitution under Art 14 guarantees the equality before the law
and equal protection by the law, under Article 15 provides the prohibition of discrimination on
grounds of religion, ethnicity, and under Article 21 laid down the guarantee of life and liberty to
all citizens.

130
Tanvi, Y. and Nagendra, A, „Mob lynching in India: sine qua non of legal intervention‟ (2019) volume 4 (Asian
law and public policy review) p. 304

31
2.8.6 Judiciary Approach and Case Laws Relating to Mob violence In India
The supreme court of India in the case of Tehseen S. Poonawalla Vs Union of India and
Others,131 on 17 July 2018, recommended the parliament that the enactment of the special law to
deal with the issue of mob violence. According to the court, this should be taken to install “fear
of law and veneration for the command of law constitutes the foundation of a civilized society.
“In this writ petition, the court recommends for realization of Article 32 of the Constitution to
take immediate and necessary action against the cow protection groups indulging in violence.

In case of Nandini Sundar and others Vs. State of Chhattisgarh,132which claimed widespread
violation of the Human Right of the people in Dantewada District and its neighboring areas in
the state of Chhattisgarh with respect to the ongoing armed Maoist insurgency. In this situation,
the state government authorities claiming that such practices are right under the Constitution of
India to arm local tribal youth with guns to fight battles against extremist Maoists.

In this regards, the Supreme Court opined, “it is the duty of the state to strive, incessantly and
consistently, to promote fraternity among all citizens such that the dignity of every citizen is
protected, nourished and promoted i.e. it is a duty of the state to prevent and maintain harmony
in the country.”

Again, in case of Mohd Haroon and others Vs. Union of India and another,133 in this case the
Supreme Court held that “it is the responsibility of the state administration in association with
the intelligence agencies of both state and center to prevent recurrence of communal violence in
any part of the state.” Moreover, in this case court also held the positions, “if any officer
responsible for maintaining law and order is found negligent, he/she should be brought within
the ambit of law.”

In general, from detail reading of those aforesaid Writ petitions, we easily cognize, the Supreme
Court highlighted that there is an urgent need for intervention from the state in protecting the
citizens‟ rights. By considering the rising intolerance in India, the apex court laid down that, “a
dynamic contemporary Constitutional democracy imbibes the essential features of
accommodation pluralism in thought and approach so as to preserve cohesiveness and unity.”

131
Supreme court judgment of India,(Tehseen S. Vs Union of India) Writ petition (civil) No. 754 of [2016]
132
Supreme court judgment of India, Writ Petition(civil) No. 250 of [2007]
133
Supreme court judgment of India, Wirt petition(civil) No. 252 [2014]5

32
Moreover, in those cases, Supreme Court observes that “extra-judicial” acts like “cow
vigilantism or any other vigilantism” and lynching should be nipped in the bud and passed
guidelines to the center and the states. The court also urged the parliament in its decision that to
frame special legislation to tackle the problems passed by vigilante squads and said that until the
parliament passed the special law then the guidelines would stand the force of the law.

2.6.4 Guidelines to Curb Mob Violence/ Lynching/ In India

The Supreme Court has shown its concern in various cases and has directed the government to
make special laws on the subject that should provide not only for the punishment of the
wrongdoers but also provide for the prevention, compensation as well as rehabilitation.134

To this end, in Poonawall case the court issued Punitive, Remedial, and Deterrent (Prevention of
occurrence) guidelines for dealing with the case of mob Lynching and recommend the
parliament to enact the law to deal with the issue.

In a view of the previously mentioned, the Supreme Court proceeds to issue the following
guidelines that, the proposed laws on the subject of mob lynching must provide for-

 Preventive Measures

This guideline of the court directs the state government to designate a senior police officer in
each district to taking a measure to prevent incidences if mob violence.135 A special task force
must be appointed to gate intelligence reports about the incidents, victims and perpetrators who
spread the hate speeches and fake news. The regular meeting between Nodal officers,
intelligence unit and police personnel to find out the probability of vigilantism in the district and
takes the step to prohibit instances. Accordingly, the Noda officer ordered to make efforts to
eradicate a hostile environment against any community that targeted in such incidents. Moreover,
the home department of the concerned states ordered to be informed about the strategies to
control the lynching through regular meeting with Noda officer.136

The court opined that “it shall be the duty of every police officer to cause a mob to disperse by
exercising his power under section 129 of criminal procedure code (CrPC), which, in his
opinion, has a tendency to cause violence or otherwise.” In addition, there should be seriousness

134
Pradesh, U. (2019) cited above at note 30
135
Tanvi, Y. and Nagendra, cited above at note, 130, p. 36
136
Ibid

33
in patrolling so that the ant-social elements involved in such crimes are discouraged and remain
within the boundaries of law.137

Also according to preventive guidelines, the state and central government have duty bound to
broadcast about the serious consequences of such incident on radio and television including the
official website of the home department.138 Accordingly, the police shall cause to register FIR
under Section 153A of IPC and/or other relevant provisions of law against persons who
disseminate irresponsible and explosive messages and videos having content, which is likely to
incited mob violence and lynching of any kind.139

 Remedial Measures:

Through some measures Supreme Court instructs that despite the preventive measures the
incident of mob violence take place, the police logged FIR immediately and insure the safety of
family members of the victim.140 In addition, court instructs the investigation regarding the
incident, by the Noda officer. The state government shall prepare a lynching/mob violence
victim compensation scheme in the light of the provision of section 357A of CrPC of 1973
within one month from the date of this judgment.141

In the said scheme for computation of compensation, the court in its guidelines order the state
government shall give a due regards to the nature of bodily injury, psychological injury, and loss
of earning including loss of opportunities of employment and education and expenses incurred
on account of legal and medical expenses.142Again, the said compensation scheme must have a
provision for interim relief to pay to the victims or to the next of kin of deceased within thirty
days of the incident of the mob violence.143

 Punitive Measures:

In relation to punitive measures, the court laid down that “a police officer or an officer of district
administration has failed to comply with the aforesaid guidelines or directions in order to prevent
137
Ibid
138
Ibid
139
Ibid
140
Tanvi, Y. and Nagendra, A, cited above at note 130, p.308
141
Ibid
142
Tanvi, Y. and Nagendra, A, cited above at note, 130, p. 36
143
Ibid

34
or investigate and facilitate the expeditious trial of any crime of mob violence and lynching.”
Accordingly, this considered as an act of deliberate negligence for which appropriate action
taken against him/her and not limited to department action under the service rules.144

In relation to deliberate negligence of a local administrator in the case of Mohd, Haroon and
others v. Union of India and another.145 The supreme court rules as follows; a writ petition was
filed in relation to the riots erupted in and around District Muzaffarnagar, Uttar Pradesh as a
result of communal tension in the city, which forced people to abandon their homes out of
anxiety and fear. The petitioners claimed that the local administration instead of enforcing the
law allowed the congregation to take place negligently and failed to monitor its proceedings. It
was held that the victims of mob violence could not be discriminated against based on
community or religion. The relief of rehabilitation and compensation should be given to all
communities. The Supreme Court also observed that it is the duty of the State administration in
association with the intelligence agencies of both the State and the Centre to prevent recurrence
of communal violence in any part of the State. If any officer responsible for maintaining law and
order is found negligent, he/she should be responsible for that matter.

Moreover, in the case of Archbishop Raphael CheenathS. V.D Vs State of Orissa and another,146
in this case the petition was filed highlighting the failure on the part of the state of Orissa in
deploying adequate police force to maintain law and order in protecting its people. In this case,
the court noted that, the state government should inquire into, find causes for such communal
unrest, and strengthen the police infrastructure in the district to curb the recurrence of such
communal violence. Moreover, court opined the situation underlines the crying need for police
reforms across the state, to equip and incentivize the force to serve citizens competently.

2.7 Mob Violence Situation in South Africa

2.7.1 Historical Background

Broadly, the term 'vigilantism' takes on certain meanings across two periods of time in South
Africa pre-1994 and post-1994. The literature reveals that during the pre-1994 era, the term is

144
Akash Raj, „Mob lynching in India and its relation with IPC‟ cited above at note 115 p. 16
145
Supreme Court judgment of India, W.P. (Cr.) No. 155 of [2013]
146
Supreme Court judgment of India, W.P. (Civil) No. 404 of [2008]

35
generally descriptive of politically motivated violence.147 Between the 1980s and the four years
from 1990 to 1994, there are subtle shifts in how such violence is described, but, in essence, the
term remains politically based.148 During the 1980s, for example, the term is closely aligned
with conservative or right wing motives and it is used to describe actions conducted in support of
apartheid. In the apartheid context, the term 'vigilantism' generally conveyed violent actions that
were political, or interpreted as such.149 However, post 1994 unlike vigilante activities during the
pre-1994 era, vigilantism now in South Africa overtly linked to crime and 'crime-fighting', rather
than politics. Through this shift in the definition, vigilantism is mostly explained as crime-
motivated, rather than politically driven and sometimes constitutes the political futures like the
action of people embarking on practices that are against the law.150

South Africa is now a constitutional state and this entails that it is governed by the rule of law,
but it is strange that most people still disregard the law. Due to this South Africa today
faced,many problems related to mob violence and a country‟s crime rate are amongst the highest
in the globe.151

Vigilantism and Mob violence remains a significant societal scourge in South Africa and causes
a rampant death and destruction of property.152In addition, every citizen in the Republic of South
Africa needed to understand that there are laws that oversee every crime and therefore they
should not resort to mob violence, as it is not a solution rather it affect the community in general.
In a sense that the lives of the family of the victims are negatively affected, especially in a case
the victim was a breadwinner.153 Despite such crisis because of mob violence; the recent studies
of vigilantism in South Africa have suggested increasing crime rates due to the state‟s failure to
enforce its own law and fails to police and protect its citizens.154 Thus, the government of South

147
Bronwyn, H. „As for Violent Crime that's our Daily Bread‟ Vigilante violence during South Africa's period of
transition‟ (May 2001) Violence and Transition Series Vol. 1 p.4
148
Ibid
149
Ibid
150
Ibid
151
Boitumelo, M. „Common Purpose‟: „The Last hope for the successful prosecution of “mob justice” murder cases‟
(2018) P. 7
152
Ibid
153
Balay, E. „the Cristian church‟s role in the escalating mob justice system in our black townships‟ (an African
pastoral view) original research (2015)71 HTS theological studies P. 2
154
Dixon, B. and Gangs, P. „Vigilantism and Revenge Violence in the Western Cape‟ Available at:
https://www.researchgate.net/publication/265739709_Gangs_Pagad_the_State_Vigilantism_and_Revenge_
Violence_in_the_Western_Cape accessed 24 Feb 2020

36
Africa has failed in its international, regional and national obligation in protecting its citizen
from mob violence. This failure is apparent in the criminal justice system as far as
implementation of constitutional rights and crime control measures concerned.155

This shows that the needs of more coordination and comprehensive approach to and a coherent
vision of peace building. To this ends, the South African government provides different
strategies in response to the problem of Mob violence.

2.7.2 Contemporary Response from Authority

The South African government has always developed and tried different methods/strategies/ in
combating the crime of mob violence with the aim to erode the distrust of state‟s ability to
protect its citizens; for instance:-

 Understanding the proximate cause of Mob violence

As long as mob violence considered as a violent hate crime and has become a national epidemic
in South Africa, much research has been done on the causes of mob violence in South Africa.

Moreover, the finding of such research can be used as the springboard of tackling of mob
violence in South Africa. Thus, because combating mob violence entails dealing with the causes
of the problem. In this regards, in South Africa; poverty, unemployment, inequality, the use of
the apartheid era of protest action and history of violence in the community, corruption and
ignorance of the law are cited as proximate causes of mob violence in different literatures.156

Moreover, the competition for access to resources, inefficiency on the part of the state to address
the social and political needs of the community and lack of the accountability are fueling the
situation.157 This clearly shows that it is necessary to combat the ineffectiveness of local and
regional authorities; in order to truly combat mob violence. And once the underlying
cause/problem/ of mob violence in South African society are visible the government must focus
on solving the root problem by the means that, include policy considerations and effective
response on the bases of sound understanding, in a ways to limit the incidence of mob violence.

 Working on building community confidence in the police service

The post-apartheid security service, and the South African security service in particular, has been
acutely aware that in order to provide effective policing the perception by the public had

155
Sibanda, M. (2014), cited above at note 88 P. 52
156
Mark, C, „More than just‟ “Mob violence” an in-depth look at vigilant violence in South Africa townships‟ (May
2016) vol. 1
157
Ibid

37
changed.158 From serving the interest of an authoritarian and racist regime that protected the
welfare of a racial minority, the police had to become an institution that now served the majority
of South Africans.159 Thus, the police in South Africa become the custodian of security rather
than agent of insecurity. The South African police services heralded the renaming of the force, as
well as heralding the inauguration of the new ethic of policing that upheld human right practices,
was based on detection and accumulation of evidence and a state objective to serve the
community.160

Here, in South Africa the most comprehensive framework for transforming the role of the police
to date was the national crime prevention strategy (NCPS).161 The NCPS advocated a multi-
pronged approach, which emphasized a range of interventions that included community
partnership, public education and reshaping social value and changes in environmental design. In
this regards as it noted by Clifford Shearing and Mark Shaw “what the most remarkable about
NCPS document was that it challenged the conventional wisdom about policing being
fundamental police business.”

And also there is the actual response from state by providing legal empowerment to the
administrative justice, by creating mechanisms which improve the efficiency and scope of the
criminal justice system through the employing more police personnel and prosecutions. 162

 Human Right Awareness Campaigns in South Africa

This is concerned with creating the society where human rights are respected irrespective of an
individual‟s status. Moreover, it is obvious that human right provisions are necessarily included
in the South African Constitution. The holders of such constitutional human rights must
informed of them in order to give them effect. Here in South Africa the starting point is South
African human rights commission (SAHRC), to revisit its obligatory duties and revise its policies
in order to be more effective and responsive to human rights violations and pay its efforts to
teach the undesired element of mob violence to the society.163

158
Mark and Fleming, „police as workers‟:- „police labor rights in South Africa and beyond‟ (2004) available at:
https://www.researchgate.net/publication/301275926_police_as_workers_police_labour_rights_in_southern_africa_
and_beyond accessed in 3 March 2020
159
Suren, P. „Crime, Community and the Governance of Violence in Post-Apartheid South Africa‟ (2008) Available
at: https://doi.org/10.1080/02589340802366943 accessed 3 March 2020
160
Brogden, M, „policing in age of Austerity: A post-colonial perspective‟(1993) available at:
https://www.researchgate.net/publication/330090449_Policing_in_an_age_of_Austerity_A_Post-
colonial_perspective
161
Suren, P. (2008), cited above at note, 158
162
Ibid, p. 146
163
Sibanda, M. (2014), cited above at note 88, p. 57

38
  Poverty Eradication Policy and Strategies

Poverty, inequality and marginalization underlie much of the mob violence manifest in South
Africa and provide the basis for conflicts and anger.164 The national government needs to make
policies that will address issues of poverty, unemployment, inequality, and poor service delivery.
Also national work at its best in creating employment suitable for the needy people, and such
creation of job with its defects generates stable income for households as well as social
participation and restoration of dignity and this may be necessary conditions to substantially
reduce Mob violence in South Africa as it noted by many researchers.165

 Community policing to Control Vigilant Groups

As South Africa is fraught with community policing, neighborhood watch groups, and vigilant
groups, that it is necessary completely eradicated them. In fact, it is reported that a research
carried out in the country suggest that “appropriately designed, community policing programs
can help to reduce vigilant group.166 This can be one of the strategies of incapacitating or at least
controlling the vigilante groups as a mob violence perpetrator.

 Application Of Common Purpose Doctrine on crimes that are committed by groups

of people

In fact, it is the state‟s primary duty to secure human rights by enacting effective criminal
provisions that deter the commission of offenses against persons and this can be realized by
setting up law enforcement machinery for prevention, suppression, and sanctioning breach of
such provision. In relation to this South African parliament takes the rout to create a legislation
that specifically tackles the incident of mob violence. Moreover, to these ends the parliament
adopt the Doctrine of Common Purpose and its full effect on crime committed by groups of the
people. Today, in a most cases involving multiple accused persons it is the application of this
doctrine that secures a more successful rate of conviction on the main (and often more serious)
counts.167 Therefore, South Africa this common law doctrine used in full purposes and become
part of the legislation it insures and promotes accountability. For instance, in the Thebus case
(Nov. 1998), a mob an angry people were protesting against the presence of drug dealers in their

164
Ibid
165
Ibid
166
United Nation Secretary General 2009 available at: www.refworld.org/docid/4age2cle0html p. 22
167
Nesira, S. „the doctrine of common purpose: a brief historical perspective‟ (2016) P. 5

39
area. They damaged property by a reputed dealer, Grant Cronje: the latter fired at the mob, the
members of whom, returned fire to him. It is in this cross fire that a little girl, Crystal Abrahams,
was fatally struck and two others were injured.168

In this case, the constitutional court of South Africa affirmed that there is no need for causation,
be it factual or any other form, to convict all the participants involved in the common purpose
mission. A reason given by Constitutional court is that it is difficult to prove causation on all the
participants involved in terms of common purpose, particularly when it involved murder,
robbery, malicious damage to property and arson.169

 Enlightened legislative moves of state compensatory schemes for victim of violent

crime

South Africa is plagued by crime.170 Violent crime, which committed in mob particularly, has
reached epidemic proportions.171 To response such problem, one option is preventing the crime
from taking place in future. However, available crime statistics for the last decade suggest that
without a major overhaul of policing and the introduction of coordinated social responses to
fighting crime this is unlikely to happen.172 Another possibility, then, is to ask: now that crime
has already taken place, how does the law help victims? To ensure fully labeled protection from
the state.

As in most other jurisdictions, crime victim in South Africa generally do not institute civil claim
against the actual perpetrators of crime.173 This is because criminals are almost never in a
financial position to compensate.

This has prompted a development of South African law that has produced, among other things,
unwarranted financial consequences.174Essentially, because perpetrator cannot compensate them,
crime victims have argued that the state typically the Minister of Police should be held
vicariously liable.175 In this case, it is argued that state employees mostly Police Officers

168
Sibanda, M.( 2014), cited above at note 88, p. 21
169
Ibid p. 24
170
Bernard wessels , „south Africa should create a fund to compensate a victims of crime‟(2018) vol. 3 (Stellenbosch
university) 231
171
Ibid
172
Ibid
173
Ibid
174
Ibid
175
Ibid

40
culpably and wrongly caused victims harm either by action or by inaction.176 There is also more
chance of receiving compensation in a civil case against the state, since it has deeper pockets
than most perpetrators.

In South Africa having such legislative positions/standings/ has taken large-scale legislative
reform for instance:

In 1997, the law commission of South Africa designed compensatory scheme under the criminal
procedure act, 1977 and this act does not provide for compensation to a victim of crime for
injuries sustained or to his dependents if he killed due to violence. This admitted that South
Africa is far behind the rest of the world in respect of victim support in general and victim
compensation in particular.177

With a view, eliciting suggestions and comment from the public, the law commission proposed
the criminal injuries compensation scheme (CICS).178 It also proposed that a new and
independent criminal injuries compensation board (CICB) to administer the (CICS) and award
compensation to victims of violent crime.179

Subsequently, in 2001, a comprehensive research report prepared on behalf of the sub -

committee on the sentencing of the law commission, by the center for the study of violence and
reconciliation, recommended a sort of compensatory scheme for rape survivor, disabled crime
victims, and the dependents of murder victims.180

And again on March 6, 2004, the South African law commission approves the 2001 report,
reiterated the need to consider and answer a number of key questions, including the financial
viability of a compensation scheme, keeping in a view the financial implications of the
compensation scheme, the affordability of the compensation fund in current financial climate of
South Africa.181

176
Ibid
177
K I Vibhute, „Compensating victims of crime in Ethiopia: a reflective analysis of the legislative paradigm and
perspective‟ (2009) Vol. 51 4 ILI p. 333
178
Ibid
179
Ibid
180
Ibid
181
Ibid

41
In addition, in 2007 the democratic alliance, S. African officials, opposition, in its concept
document, on the right of victims of crime stressed the need to establish a state- sponsored
compensation fund in South Africa and sketched its blueprint.182 It also suggests that such a
compensation fund created by pulling together:-

A) All fine imposed by courts, B) all bail money forfeited to the state, C) donation or bequests
made to the fund by individuals and bodies corporate, D) money raised from the sale proceeds
from criminals, E) any money appropriated by parliament.183

Finally, after considering, the terrifying and pervasive culture of violent crime that exists in
South Africa and legal advice from law commission the government introduces statutory
compensation funds, and providing such statutory relief for crime victims legally justified.
Moreover, the victims can institute civil claim against South African police or any other
governmental authority for wrongfully and negligently breaching its duty.184

2.7.3 Short Comings in the States Responses to Mob violence

Despite aforementioned positive steps taken by South African government, a number of
shortcomings in the government‟s response remain; like inadequate legal framework for violent
crime, lack of official monitoring and reporting, inadequate interdepartmental cooperation stated
as a visible shortcoming of state in various literatures.185

182
Ibid
183
Ibid
184
Jackie, N. „Seeking justice in South Africa‟ (2018) Available at: https://www.dailymaverick.co.za
185
A violent Hate Crime in South Africa. Available at:https://www.humanrightsfirst.org/wp-
content/uploads/upr_sa_hate_crimes_submission-final-human-rights-first.pdf accessed 3 March 2020 p. 7

42
 CHAPTER THREE

3. The situations of Mob Violence in Ethiopia

“The first duty of the Government is to afford protection to its citizens.”

Steven J. Heyman186

3.1. Introduction
The 1995 Ethiopian Constitution guarantees right to life, liberty, and protection from bodily
harm and right to property for everyone within its border. In addition, the Constitution imposes a
duty to protect its citizens from any threatening attacks of such rights. In this respect the state
primary duty is to secure the constitutional right from violation by enacting effective laws
/criminal provisions/ that deter the commission of offences against every one‟s Constitutional
rights and these measures need to be supported by strong law enforcement machinery for the
prevention, suppression and sanctioning of breaches of such Constitutional provisions.

The mob violence /lynching/ in Ethiopia has become common in recent time.187A small group or
other organized or formal groups like vigilant groups can execute it. Victims are commonly
those male, female and even children, poor, and mostly minority community or caste. This is
very apparent that these are the crimes, which are against the marginalized community of the
society. Such attacks, therefore, an extrajudicial exclusion of persons outside the legal perimeters
whereby people take the law into their own hands and do what they think is just. This infringes
the ultimate objectives of the FDRE Constitution, which is the rule of law, ensuring lasting
peace, guaranteeing democratic order and the notion of living together in harmony. In addition,
current such objectives of constitution upset by heinous and wanton killing of people and
destructions of properties by Mobs.

3.2 Existing Law and Order Vis- a-Vis Mob Violence in Ethiopia

Even though Ethiopia has a long history of Mob violence. Currently, there is no special provision
that treated mob violence, its effects and mechanisms of treating victims at national or regional
level. However, there are some other provisions related to such violence. For instance;

o The Ethiopian Constitution

Article 14, Rights to life, the Security of Person and Liberty: - No person shall deprive of his life
or personal liberty except according to procedure established by law.
186
Assistant Professor of law, Chicago-Kent College of law, Illinois Institute of Technology. A.B 1979, J.D. 1984,
Harvard University.
187
Semir Yusuf, „Drivers of ethnic conflict in contemporary Ethiopia‟ (Dec. 2019) (Institute for Security Studies)
P.12

43
 o Criminal Code Of Ethiopia

The cumulative reading of Article 35 and 41 of the Criminal code (CC) provides some insights
about collectively committed crime. Accordingly, when a group of person commits a crime, his
responsibility depends on the extent of participation or punished for only his/her own act.
Moreover, the following persons may charge jointly:

(a) Persons accused of the same offense committed in the course of the same transaction,

(b) Persons accused of an offense and persons accused of abatement of, or attempt to commit
such offense, and

(c) Persons accused of different offenses committed in the course of the same transaction.

In addition, there are some proximate sections related to Mob violence:-

 Article 484: - Forbidden Assemblies:-

As assembly designated as, “forbidden assemblies” if the common object of the

persons composing that assembly is;

Frist; to overawe by criminal force or show of criminal force {the central or any
state government or parliament or the legislature of any state}, or any public servant
in the exercise of the lawful power of such public servant.

Second, to resist the execution of any law, or any legal process;

Third, to commit any mischief or criminal trespass or other offenses; or

Forth, by means of criminal force compels any person to do what he is not legally
bound to do or to omit to do what he is legally entitled to do.

 Article, 488, punishing for rioting;

Whoever, of his own free will, takes part in an unlawful assembly, in the course of which
violence done collectively to person or property is punishable with simple Imprisonment not
exceeding one month, or fine.

The organizers, instigators or ringleaders are punishable with fine and with simple
imprisonment for not less than six months, or, in grave cases, with rigorous imprisonment
not exceeding five years and fine.

 Article 539, Aggravated Homicide:-

Whoever intentionally commits homicide;

44
 a) With such premeditation, motive, weapon or means, in such conditions of
commission, or in any other aggravating circumstance, whether general (Art. 84) or
other circumstances duly established (Art. 86), as to show that he is exceptionally
cruel, abominable or dangerous; or

b) As a member of a band organized for carrying out homicide or armed robbery; or

c) To further another crime or to conceal a crime already committed is punishable

with rigorous imprisonment for life, or death.

The death sentence shall passed where the criminal has committed homicide in the
circumstances specified under sub-article (1) above while serving a sentence of
rigorous imprisonment for life.

 Article 540, Ordinary Homicide:-

Whoever' intentionally commits homicide neither in aggravating circumstances as in

Article 539, nor in extenuating circumstances as in Article 541, is punishable with
rigorous imprisonment from five years to twenty years.

 Article 541, Extenuated Homicide:-

Whoever intentionally commits homicide:

a) By exceeding the limits of necessity (Art. 75), or of legitimate defense (Art. 78);
or

b) Following gross provocation, under the shock of surprise or under the influence
of violent emotion or intense passion made understandable and in some degree
excusable by the circumstances.

In many cases, such provisions applied because of which the crime of mob violence
wrongly seen as an offense against individuals and not the community.188 Such an
approach is not justified as incidents like mob violence seen from communal lines
and are usually targeted against certain minority, caste, religion, etc. and is a matter
of public order and not merely an offence against a person. The offense of Mob
violence usually takes place as an organized hate crime against a community so it
must consider as a heinous offense.

188
Yakob Tlahun (2018), cited above at note 72

45
 3.3 Mechanisms of compensating victims of crime of Mob violence in Ethiopia

There is no exclusive and comprehensive piece of legislation dealing with reparation and
compensation of a victim of any crime in Ethiopia.189 However, we find a couple of provisions
scattered in the substantive and procedural laws of Ethiopia, and in the codes criminal or civil in
nature:-

A) Compensation by the offenders

o The new 1994 revised criminal code

There are two provisions in the criminal code (CC) that speak in terms of entitlement of an
injured person to claim damages through criminal proceedings in the form of compensation from
the criminal for the damage caused to him. Article 101 and article 610(1) of the criminal code
deal respectively with the entitlement of an injured person to seek compensation from the
offender for considerable damage.

Article 101 of CC carves out an assertive legal entitlement of an injured party (or person having
right from that injured party) to claim restitution of property lost or compensation for the damage
caused it reads:-

Article 101:- restitution of property, compensation for damage and costs.

Where a crime has caused considerable damage to the injured person or to those having rights
from him, the injured person or the persons having rights from him shall be entitled to claim that
the criminal be ordered to make good the damage or to make restitution or to pay damages by
way of compensation.

To this end, they may join their civil claim with the criminal suit and such claim governed by the
provisions laid down in the Criminal Procedure Code.

A comparative reading of art 101 of the CC and its corresponding article (art 1 00) from the old
Penal Code reveals three interesting attributes of the entitlement of the injured party carved out
in the new Criminal Code. First, art 101 of the CC, unlike art 100(1) of the PC, does not direct
the court to take into account damage caused by 'death, injuries to the body or health,
defamation, damage to property or destruction of goods (as the case may be) and expenses in
hospital or expenses for medical treatment incurred by the injured party. While calculating
considerable damage mentioned therein. It gives unguided freedom to the court to adjudicate
upon the considerable damage for invoking art 101 and thereby to give compensatory relief to
the injured party. A mere look at art 100 (1) of the PC will make the point clear:

Where an offense has caused considerable damage to the injured person or to those having rights
from him, particularly in cases of death, injuries to the body or health, defamation, damage to
property or destruction of goods. The injured person or the persons having rights from him shall

189
K I Vibhute, cited above at note 177, p. 439

46
be entitled to claim that the offender ordered to make good the damage, to make restitution, or to
pay damages by way of compensation.

Such claim shall include any expenses in hospital or expenses for medical treatment to such
amount as May assessed by expert evidence.

It seems that the authors of art 101 of the new CC, plausibly in their zeal to make it simple and
short, have lost sight of these different 'indicative heads' of 'damage' mentioned in its
corresponding article (art 100 (1) on the PC) as well as these unintended consequences. The
omission of these 'indicators' in art 101 of the new CC has introduced a sort of judicial
ambivalence in the entitlement of an injured party to seek compensation.

o Criminal procedure code (CrPC)

The procedure designed for regulating 'entitlement' of an injured party for compensatory relief,
as outlined here below, is not only cumbersome but also bridled with a couple of unintended
pragmatic disincentives. An injured party, therefore, may prefer to suffer in silence rather than to
pursue his 'entitlement' to pecuniary judicial relief. Articles 154-157 of the CrPC, constituting
chapter 6 of book IV of the code captioned Injured Party in Criminal Proceedings, lay down the
procedure followed by a criminal court when a victim of crime or a person injured by the
commission of a crime seeks damages from the perpetrator of the crime by way of compensation
in a criminal proceeding.

However, it is evident from aforementioned provisions that the existing legislative framework, webbed
through different proclamations, dealing with the payment of compensation to a victim of crime is
neither satisfactory nor in tune with the global spirit and concern for victims of crime. It, as highlighted
in this paper, bridled with certain pertinent inbuilt weaknesses, inner contradictions, glaring gaps and
ostensible ambivalences. In fact, the criminal code seems to be more offensive-oriented. It shows much
more concern for the offender and his rehabilitation.

It, however, does not exhibit similar concern for victims of crime. Article 1 of the CC, outlining object
and purpose of the code, inter alia, makes mention of reformation of criminals, (with a view to
preventing the commission of future crimes). Article 87 of the code makes it more explicit that the
penalties and measures provided thereunder, as a principle, are required to apply in accordance with the
spirit of the code and to achieve reformation of criminals.

Articles 109 and 111 of the CC respectively give emphasis on educational, spiritual welfare of
prisoners and their reformation rehabilitation. Article 112 of the CC, in unequivocal terms, stresses that
the prison administration has to execute custodial sentence in such a way that it leads to reformation of
the prisoner and enables him to resume a normal social life with his release. Articles 190 and 201
perceive conditional suspension of penalty and conditional release as a means of 'reform and social
reinstatement' of the criminals.

Article 21 (2) of the FDRE Constitution, the supreme law of the land, confers on a person held in
custody and a convicted prisoner the fundamental right 'to treatment respecting his human dignity'.

47
Applying article 87 of the CC, echoing the constitutional spirit, mandates that the penalties and
measures provided under the Criminal Code with respect to human dignity.

Nevertheless, the CC, against this backdrop, offers a shabby treatment to victims of crime. It shows
lesser, rather unequal, concern for the unfortunate victims of crime and overlooks their legitimate
interests, hardships and dignity. However, legislative drive and spirit for reformation and rehabilitation
of offenders, in the backdrop of tenor of the right to equality and equal protection of law as well as of
rule of law that occupy central place in the FDRE Constitution, should not be allowed to eclipse the
legitimate claim of unfortunate victims of crime of restorative justice and their reparation, at least,
through pecuniary compensation.

B) State/Public Compensation to a victim of violent crime in Ethiopia

As discussed in chapter two, a compensatory claim by a victim of crime against the state advocated and
justified on a variety of theoretical and pragmatic propositions. It stems from the social contract theory.
That one of the main functions of a state is to protect the life and property of its citizens. With the same
logic, one may argue that the state by virtue of the contract is bound to compensate a victim for the loss
incurred or injury suffered at the hand of the wrongdoer.190

Thus, the state therefore, is under a legal obligation to compensate a crime victim as it contrary to its
assurance given to him or she has failed to protect life or property.

In contrary to such propositions, a victim of crime does not have any entitlement or right to seek
compensation from the state even when he or she has failed to seek adequate compensation from the
offender or the offender, owing to financial inability has failed to pay the amount of compensation
due.191 Thus, the criminal justice system in Ethiopia does not exhibit any concrete compensatory policy
or scheme, formal or informal, for relieving at least partially victims of mob violence from their
sufferings resulting from the commission of such crime. The criminal justice system of Ethiopia also
does not address the question as to whether the state is or should be responsible for compensating a
victim of crime, as a matter of right, for the financial loss incurred and any injury, mental or physical
sustained by the commission of such violent crime.

In such situation, compensatory claims of crime victims against the state, though legitimate and
justified on certain humanitarian considerations as long as millions displaced, many injured, lost their
life and property distracted throughout the country by Mob erupted by many reasons. However, it
received lesser priority in and recedes from the government‟s agenda action.

Moreover, the current situation of the country stressed the need to introduce as a matter of priority a
state sponsored compensation scheme to compensate victims of violent crime and their dependents
when compensation is not fully available from the offender.192

190
David, M. (2013), Offender and state compensation for victims of crime: Two decades of development and
change, Article in International Review of Victimology · December 2013 Cardiff University, UK. p. 150-52
191
Tilly, C. (2004), cited above at note 53, p. 328
192
Ibid , p. 333

48
In this regards, in chapter two of this paper, we have seen some enlightened legislative moves or
proposals in India and South Africa as they create a right in favor of victims of violent crime to seek
compensation from the state and mandating the state to establish a compensation scheme to make the
farmers' right a reality.

The practice of such countries will enable us to appreciate the structure and operational facets of the
victim compensatory schemes. In addition, legislative initiatives and proposals of these countries may
be instructive for Ethiopia.

3.4. Needs for a separate statute to control Mob violence

In fact, punishing the wrongdoer is the duty of the state. However, in case of mob violence, crime some
more stapes are required. For instance; constant vigilance by the agencies responsible for maintaining
law and order, responsibility to prevent the repetition of such incidents, measures to be adopted by the
law enforcement agencies against perpetrators of such offences, rehabilitation of the victim and the
families of the victims, security of the witnesses of such incidents and many more other things.

Her, it is a necessary point out that, as discussed above we have ample of provisions in our criminal law
to punish the wrongdoers, but certainly the growing incidence of mob violence need further specific
attention by making provision for preventive measures as well for rehabilitation measures.193

Thus, certainly, there is a need to pass a law prohibiting the Mob lynching. Because, the current law
contained in the new penal code in article 539 (aggravated homicide), 540 (ordinary homicide), 541
(extenuated homicide), 484 (forbidden assembly), 488 (punishing for rioting) are not sufficient to meet
the incident of Mob violence194 for various reasons.

However, certainly, there should be a separate and comprehensive law to combat Mob violence. This
should not only provide punishment to the wrongdoers, but also fix the liability of public authorities
responsible for maintaining law and order as well as for providing compensation to the victim of the
family for the loss of person and property as well as for grievous injury to provide for complete and
effective legislative protection.195

Moreover, as far as punitive measures or (liability to public officials) is concerned, certainly strict
punishments must awarded, as they appear to be most frequently involved in Mob violence. Mostly
those who elected at a local level, wise men who may elected by traditional way, in addition police,

193
Yakob Tilahun,(2018), cited above at note, 72

194
Ibid

195
Ibid

49
soldiers and community administrators are openly involved in some cases as mentioned by eyewitness
and victims.196

These officials partake a conventional role in a number of mob killings and are nearly never impeached
or punished.197 For this, it should made a separate offence called mob Lynching so that there should be
fear in the mind of miscreants that if they held responsible, they shall be subjected to harsh
punishment.198

3.5 Mob violence in contemporary Ethiopia

Since 2018, Ethiopia has seen in a political liberalization acclaimed worldwide for its space and
breadth. The government unblocks hundreds of jammed news sites; expanding media freedom;
released thousands of political prisoners; welcomed banned political groups to operate freely in
the country; appointed non-Party figures to positions of influence; and revoked repressive laws
once used to target political opponents. This move lifted the hopes and morale of many
Ethiopians who would remember the recent past unfavorable.

At the same time, however, Ethiopia has witnessed a surge in violent conflicts for much of the
past two years. Despite, aforementioned an impressive record in the arena a political opening
spearheaded by the new governments also the country has experienced large-scale displacement,
violent killings and destruction of property.199 The incident not confined to a specific region, but
spread almost all of the country.200

Today in Ethiopia, it is common to see on the front pages of the newspaper about the maelstrom
of mob attack and problem precipitated by Mob violence. Unchecked, such violence escalates
into genocidal campaigns of violence and threaten the very existence of the state.201 The
recurrence of mob violence is a demonstration of lack of trust on public institution, rises of
competing ethnic nationalisms, fragility of state and party institution, unresponsive police and
legal system.202

Now it is important to look that the state has indeed taken some measures to prevent, arrest or
manage violence‟s. For example, the state has pursued softer measures such as frequent calls for
reconciliation and national harmony as a strategy to prevent violence. Moreover, the federal and

196
Ibid
197
Ibid

198
Ibid

199
Ibid
200
Ibid
201
Elana A. Baylis, Beyond Rights: „Legal Process and ethnic conflicts‟ (2004) University of Pittsburgh School Law
, Vol. 25, Issue 3 UPSL 207
202
Ibid

50
regional states have also, among others, organized peace conference and work with traditional
elders to resolve violence.203

In addition, the government has by no means limited itself by only aforementioned measures and
it deployed security forces to arrest violence in some place of unrest.204

But, the security forces, especially the police, have usually acted too little too late, or at times not
at all in the face of raging violence and in others, security forces arrive too late, and their actions
afterwards are not helpful.205 At other times, the intervention of state and party agent has
worsened the situation mob violence.206

In this regards it is difficult to determine exactly why police are sometimes late, or why they do
not act to contain violence. However, there are common perceptions that affect the handling of
violence. For instance, it could be because of they or their superiors are sympathetic of
perpetrators, or it could be the police not received order from above, or did they receive it too
late, perhaps because of loosening of the command structure, or, overstretched responsibility, or,
it could be due to logistical and financial problem, or, it could be political control of police
functions.

Any of those reasons could be raised as constraint or factors shaping a police response to any
outbreak of violence and we will see it in detail with the specific area of the study in the
subsequent unit.

3.6 Contemporary responses from authority

As discussed in chapter two, mob violence is criminal acts that upsets public peace, order and generate
insecurity in the regime. Thus, its challenge is apparent and because of such challenges, the state has a
counter obligation to protect its people and it presupposes the needs of strategic supports. Presently
Ethiopia as a country has experienced mob violence for much of the past two years. In most cases, they
have ethnic overtones or involve ethnic groups. Although Ethiopia is not new to ethnically motivated
mob attacks, but its scale and intensity in the sort time has been alarming. The new leadership in
Ethiopia wants to radically shift the official thinking around peace enforcement to de-emphasize
repressive measure in favor of softer approaches to peace building such as reconciliation and national
dialogue as a strategic response to the violent phenomena.207

This shift has indeed helped bring about a general climate of freedom (i.e. from the state), and has
contributed to reducing the ant-regime struggles.208 However, it has also brought about a general

203
Ibid
204
Ibid
205
Ibid
206
Ibid
207
Interview with Regissa Halo, senior intelligent officer, in federal police commission, 4, May 2020
208
Ibid

51
perception of weakness on the part of security agents and the state.209 It has even at times led to
reluctance to take action during mob violence.210

Thus, the problem precipitated even from the misapplication of the concept of “Forgiveness” and
“Medemer” which is the guiding principle for the new government undermines law, order, and eroded
public confidence resulting in the current state of anarchy and horrible attacks of thousands of
individual who happened to be minorities in specific community all over Ethiopia.211

To date many criminals who participated in mob based atrocities left without arrest or judicial process.
Even we assume for argument sack, that to forgive a criminal individual or a criminal organization
(community) that had committed some harm to an individual, a family or a community is an ethical act,
and may even be considered as a courageous religious behavior, there are certain conclusions that flow
logically from such assumption that we may not endorse.

When the atrocity of Mob violence is the result of civil disobedience, it may be far more difficult to
withhold special consideration such as forgiveness or mercy. However, even under such circumstances
of civil disobedience, philosophers, such as Rawls, suggest, “those who participate in activities of civil
disobedience must not committee any violence or expect immunity from prosecution for their
activities.” Thus, granting “pardon” or “forgiving “the criminal acts of an individual or that of a group
that violates human rights should subjected to sanction imposed. The question is whether we put the
cart before the horse with such ideas of forgiving the criminals. It is impractical and counterproductive
to use the concept of “forgiveness” or “pardon” as a legal remedy or as public policy. Rather, it is
indispensable that the existing laws without question properly implemented even with its limitations.

Consequently, for the sake of our sanity, for the sake of the wellbeing of future generation, and for the
continued existence of our beloved and ancient Ethiopia, we must punish criminals such as the brutal
and violent convicted criminals that hurt people, and the new wave of mob criminals and their enablers.
At any rate, the state must take care of those hurt by Mob violence. They must make whole no matter
the cost.

3.7 Human Rights Obligation of Ethiopian State to Protect From Mob Violence
The Constitution of Ethiopia grants more space for human rights. Chapter three of the 1995
Constitution made international agreement an integral part of the law of the land. And, urges the
interpretation of Human rights in a manner conforming to the principles of the Universal
Declaration of Human Rights and international instrument adopted from Ethiopia.212Again, the
body of federal, as well as regional government has a responsibility and duty to not only respect
but also have horizontal duty to protect the individuals from infringements by other individuals
or third parties.213

209
Ibid
210
Ibid
211
Ibid
212
The FDRE Constitution article 13(2)
213
Ibid article 13(1)

52
Thus, the obligation to protect normally taken to be a central function of states that have to
prevent irreparable harm from inflicted upon members of society. This requires state (whether
federal or regional state) have a duty to prevent a violations of rights by any individual or non-
state actor, and have the duty to avoid and eliminate incentives to violate the rights by third
parties, and have a duty to provide accesses to legal remedies when violation has occurred in
order to prevent further deprivations.

Thus, the obligation entails both a preventive and remedial dimension. Accordingly, the state is
thus obliged to enact legislation protecting human rights; to take action to protect individuals and
to ensure access to impartial legal remedies when human rights violations are alleged.214

On the other way, in contrast to that national and international human right obligation, in
Ethiopia there is a serious violation of human rights as a result of acts of mass violence,
hooliganism, ethnically targeted attacks and creation of politically motivated organized groups as
well as illegal armed persons. Due to this in many parts of the country, the government is unable
to protect the citizen from Mob attacks. In this regards, even the government were not capable to
protect itself from attacks against its high-ranking officials, as there has been an assassination
against three regional state officials and top military personnel‟s of the country at the same time.

Moreover, ethnic attack, death and starvation as well as Mob violence become a common
phenomenon in a country. To mention, some of reported in different press statement on the
condition of mob violence; In June, 2018 protesters who were demanding regional statehood status in
Hawassa City of the Southern Nations, Nationalities and Peoples Region (SNNPR), attacked ethnic
Wolayita members and caused the death of one, injury of a dozen people and displacement of many.215
In August 2018, attacks continued as mobs looted shops and burned down properties of ethnic
minorities in Jigjiga city of the Somali region.216 In September, another shocking attack that claimed at
least 23 lives reported in Burayu town, a small town in the outskirts of the capital city.217

In Ethiopia, It had already became a trend that any rumours have heard result individuals stoned to
death by mobs. But the worst of all happened in Shashemene town where a mob murdered a man,
hanging him upside down in the middle of a public demonstration, “because he was rumored to be a
spy” in the welcoming ceremony for Jawar Mohammed, an influential figure during the years of
political protests.218 Moreover, mob attack in Benshangul Gumz region against Amharas,219

214
Noah Yesuf „Contemporary violation of Human Right in Ethiopia in light of Tripartite Human Rights
Obligation‟ (2019) p. 13
215
Willam, D. „Deadly violence hits Hawassa as protesters call for Sidama State‟ (Ethiopia Jun14 2018)
<www.ethiopiaobserver.com> accessed 10 Jun 2019
216
Ethiopia: violent unrest in Somalia Region on august, 2018
www.garda.com
217
The state owned Ethiopian news agency (ENE), September, 2018
www.dailysabah.com
218
Mob action, violence during rally in Oromia
www.africanews.com
219
Ethiopia : violence in Benshangul Gumuz region
www.africanews.com

53
displacements in Welaga, Guji and Gedeo Zones,220 border clash between Tigry and Amhara region221
are many more incidents that are recent take the lives of innocent human beings month after month and
lowering human right protection in country. In this regards, it is obvious that under international law
state have the supreme duty to prevent a member of society from mass violence causing arbitrary loss
of life and destruction of property. Thus, the aforesaid violation of human rights shows that Ethiopia is
in a way to working out from human right obligation in general and from the duty of providing
protection against mob violence in particular.

More and more people killed on a daily basis and this call for the government's attention as many of
people's Constitutional rights is at stake due to nonstop violence in various part of the country.

3.8 Triggering Factors of Mob Violence in Ethiopia

The triggers are catalytic reasons or factors that transform structural elements of social conflicts into
Mob violence. There are a number of instances where triggering factors surfaced in Ethiopian social
movements. In fact, the triggering factors cannot attribute to one factor as many triggers can contribute
towards such violence in contemporary Ethiopia. The most common area:

Technology/Media/

In the last two years, there was a spate of mob violence throughout the country, which triggered by
rumors, spread on social media. In recent years, Ethiopia turned a corner in press freedom and
previously blocked websites were unblocked, new media outlets started sprouting across the
country publication and privately owned satellite channels given licenses.

Yet the event tempered by sobering discussion on ethnic conflict and mob violence, which have
sharply spiked across the countryside in the last year. It is no more coincidence that these shifts,
an opening up by the media and growing ethnic tension, have emerged at the same time. Thus,
newly freed media stand accused of fanning the flames of violence and polarization by peddling
fake news and extreme views. In this regards, Felix Horne, a senior researcher for Ethiopia and
Eritrea at human right watch said, “there are regular allegations that some ethnic based media
outlets, fan hatred and these outlets usually only report one side of a multi-sided and often
complex situation, leading to increasing anger from the ethnic constituents.”

Vigilante Groups

Other contributors to such mob violence are the existence of vigilante groups in various parts of
countries. In recent time politically, religiously and ethnically charged mobs have become active.
Thus, because it is easy to collect the mob by making, religion, caste and other identified groups
as a political agenda.222 They are running throughout the country seeing them as legal vigilantes

220
Gedeo and West Guji IDP Emergency Response activity
Devtracker.dfid.gov.uk
221
Preventing further conflict and fragmentation in Ethiopia
www.crisisgroup.org
222
Yadav, T. Ambedkar, N, „Mob lynching in India: sine qua non of legal intervention‟ (2019) volume 4,
(Asian law & public policy review) p. 34

54
protecting the sacred order. They perpetrate mob violence on vulnerable groups. Again,
undoubtedly, the political outfits and organizations behind previously mentioned acts of violence
harness the results of such crimes by molding them into a political and social propaganda to
brainwash one particular community against another.223 The political backing of such groups
gives them the courage to commit the acts of violence against the minority or weaker sections of
the society.224

Political Elites

Political leaders can provoke elite-generated violence in a number of ways.225 Internal elite level
forces in most sub-Sahara African countries pushed major active internal violence directly or
indirectly.226 Internal elite‟s factors in sub-Saharan countries in general, and Ethiopia in
particular, manifested in the form of power struggles involving civilians or military leaders, and
ideological contest over how a country‟s political, economic and social affairs should be
organized.

Some violence‟s are in essence power struggles between and among competing elite-induced
violence‟s power struggles are clearly the most common. Some are sustained government
campaigns to repress ethnic minorities and democratic activists. Government repression is a
prominent feature of other conflicts as well, but power struggles are particularly intense and the
„ethnic card‟ played very aggressively in Ethiopia227

In these cases, those who are in power are determined to fend off emerging political challengers
and anxious to shift blame for whatever economic and political setbacks of the countries.
Moreover, they find out ideological justifications for staying in power and devise new formulas
for legitimizing their rules.

Thus, the rivalry party, entrenched politicians and aspiring leaders alike have powerful incentives
to play ethnic card, embracing ethnic identities and started to proclaim themselves as the
champions of ethnic groups. This in fact produces a shift from civic nationalism to ethnic
nationalism. In this case, most of time ethnic minority severely affected and in most case they
singled out and blamed for the country‟s problems, ethnic scapegoating and ethnic bashing
become the order of the day.228 When powers struggles are fierce, politicians portray other
ethnic groups in threatening terms, and inflate these threats to bolster group solidarity and their
own political positions; “perceived threats are extremely powerful unifying device.229 In this
regards, these a relentless drumbeat of ethnic propaganda can distort political discourse quickly

223
Ashraya, Singh. (2018-19), cited above at note 121, P. 9
224
Ibid
225
Ismail and Graham, „little‟s theory of political leadership‟ (2009) available at: https://onlinelibrary.wiley.com
226
Ibid
227
Ibid, p. 7-9
228
Gareth, W „Politics and growth‟ (Development policy review) (2011) vol. 29 DPR 29-55
229
Horowitz, D. „Ethnic group in conflict‟ (2000) p. 51-52 Available at: https://www.ucpress.edu accessed 22, may,
2020

55
and dramatically.230 In addition, this undermine stability and push countries towards violence by
dividing and radicalizing group along ethnic fault lines.231

Thus, accordingly, many politicians tearing their countries apart and causing thousands of people
killed are small prices to pay for staying in or getting power.232

In fact, in many cases in Ethiopia such violence orchestrated and triggered largely by ant-peace
elements that were waiting for the right moment to do so.233 Mostly these people appeared as
advocating the well-being of one particular ethnic group.234 While in fact, they are inciting
destructive attitudes and promoting hatred.235 These people can be even from government
structure itself by forging a formidable link (network) with peoples who are outside the
system.236

3.9 Implications of Mob violence in Ethiopia

Mob violence is likely to contribute for different implications. For instance, it is likely to arrange
for a severe extortion to constitutional order in general and it worsen peace, security and stability
of the countries. In relation to that, it is also true that it is likely to deteriorate the legal system by
divulging criminal justice system as incompetent and weak of punishing criminals determined
according to the law.

a) Implications of Mob violence on Constitutional order in Ethiopia

Any organs of federal and regional states has a mandate to enforce and implement law and
respect, protect and fulfill the Constitutional rights of all the people in Ethiopia. Thus, “it is also
accepted that providing for rights is one thing and protecting or implementing them is, in fact,
something else.237

Implementing the Constitutional rights comes with its own challenges as that creates conflicts of
interests. Ideally citizens are supposed to respect each other‟s rights and honour the country‟s
Constitution, but this is not always the case as there are cases where spontaneous mob form to
mete out justice on allenged criminals‟.238 In dealing with such conflicts, justice demands that there
has to be an act of balancing of the rights of the offenders against the rights of victim. This demand
poses the challenges to state law enforcement agents and criminal justice system as some issues are
deep-rooted in the system.

230
Ibid
231
Ibid
232
Ibid

233
Yakob Tilahun, (2018) cited above at note 72

234
Ibid
235
Ibid
236
Ibid
237
Mubangizi, B. „The protection of human rights‟ (Community development journal) (2005) vol.38 p. 145
238
Monaghan, R „International criminal justice review‟ (University of Ulster(2008)) p. 89

56
The existence of criminal justice system impliedly admits to the fact that there are behaviors that are so
dangerous that it must be strictly controlled or outlawed entirely.239Accordingly, there are people or
groups that are distractive that they need to be controlled.240 In this regards it is duty of justice agencies
to prevent or deter prohibited behavior by apprehending, adjudicating, and punishing lawbreakers.241
The criminal justice bodies or institutions established to administer justice and criminal law is a
mechanism that prohibits conduct that is harmful to the interests or the autonomy of others.

In Ethiopia, there is a basic framework of criminal justice system found in legislative, judiciary and
executive body of government. Moreover, it is necessary that these institutions work hand in hand since
it is apparent criminal justice is about controlling or managing social conflict. Thus, in Ethiopia all
kinds of disputes motivated by factors like politics, economy, ethnic and sometimes personal often
results Mob attack that resorted to and this violates human rights and contravenes laws of the country
and the provisions of the Constitution.

b) Implications of Mob violence of criminal justice system in Ethiopia

The Ethiopian criminal justice system confronted with problems when it comes to issues of access to
justice. Thus, because of, as many problems spans from a financial, physical and technical viewpoint.
In the rural areas of Ethiopia, the service of police and high court often far from many of the population
and the victims of mob violence. The problem of staff shortages and insufficient resources cannot be
emphasized as that evidenced by backlogs and the incapacity of the system to respond to the needs of
the people. The eroded trust and confidence in the administration of criminal justice exhibited in violent
reaction to crime. The continuing practice of mob violence is a challenge to the constitutional order of
Ethiopia. In this regard, what is obvious is the adverse impact of mob violence practices have on the
Constitutional guaranteed rights. The frustration with the police and courts are real, even present danger
to the survival of democracy, and therefore must tackle professionally with zeal, speed and accuracy.242

Thus, because democracy does not amount to the will of social deviants who act on their whims in
disregard of broader societal interests. The continued existents of mob violence in many parts of
countries or acts committed outside the limits of the formal justice system, blurs the line between state
and none-state action.243 For this reason mob, violence creates challenges to criminal justice system. In
fact, even if the criminal justice system in Ethiopia improved in many ways , but lacks in its obligation
of addressing the injustice inherent in case of mob violence.

In the following chapter, this study is going to show the practical aspect of performances of
federal as well regional states toward a constitutional duty to protect from mob violence with the
special reference to the case of Sidama Zone Hagereselm Town.

239
Senna, L „Introduction to criminal justice‟ (2007) vol. 2. P. 8
240
Ibid
241
Ibid, p. 9
242
Onwubiko, N. „Is Mob or Vigilante Justice Good for Democracy‟ (2012) Available at:
http://www.modernghana.com/news/485138/1 /is-mob vigilante-justice-good-for-democracy. Html. Accessed 29
April , 2020
243
Ibid

57
 CHAPTER FOUR

4. Presentation and Analysis of Data

4.1 Descriptions of the Study Area

Sidama zone was one of the zone of Ethiopia‟s Southern Nation, Nationalities, and Peoples
Region (SNNPR), but currently it separated from the SNNPR and transformed into Sidama
Region after the old SNNPs regional council transfer power to council of Sidama Nation.244
Sidama is bordered on the south by Oromia Region (except for a short stretch in the middle
where it shares a border with Gedeo Zone), on the west by the Bilate River, which separate it
from Wolita Zone, and on the North and East by the Oromia Region. According official
population estimate for 2019 indicate that the Sidama nation had a total population of 4.8 million
in 2019 and the fifth most populous ethnic group in Ethiopia comprising of over 80 ethnic
groups. According to a 2007 survey conducted by the CSA the ethnic groups lived in the Sidama
zone are Amhara (1.91%), and the Oromo (2.53%); all other ethnic groups made up 2.55% of the
population. Recently there was a spate of localized protests and small arms violence in many
parts of Southern Nation, Nationality, and Peoples (SNNP) regional state due to various reasons.
Sidama zone was among the one as there has been a lot of unrest as the issue of being
independent statehood and associated rallies are likely to accompany by mob violence, a limited
use of edged weapons and small arms, largely ethnically targeted against non-sidama. The
Sidama nation unanimously demanded for the restoration of its regional administration for the
last 28 years, yet the ruling core suppresses the constitutionally promised right and this creates
the tension in Southern Nations, Nationality, and Peoples (SNNP) regional state and particularly
in Sidama zone. The question remained unanswered for many years and it has largely been a
cause for ethnically charged violence in Hawassa and other parts of sidama.

In this paper, among violent incidents occurred in Sidama a case in Hagereselam town in July
18-19, 2019 presented with an intention of assessing the roles of federal, regional and local law
enforcement bodies of the state in dealing with Mob violence.

Hagereselam (Amharic, “land of peace”) is one of the major towns found in Hula Woreda, and
it reportedly founded in 1907 by Dejazmach Balcha Safo, to serve as the capital of Sidama
Province.245 This town is also one of the most affected towns by angry Mobs who went out to the
streets to protest the killings by security forces. In 18, July 2019 the leaders of the Sidama people
in southern Ethiopia have threatened to unilaterally declare their own regional state within
Ethiopia‟s federation. As each of the country‟s ethnic groups is constitutionally entitled to a vote
on forming a new state if its governing council request one.246 The poll is supposed to take place
244
Cited above at note 27
245
As a researcher is being member of this local administrative unit, he know such fact as it being raised by many
people.
246
FDRE Constitution, cited above at note 24, Art 47

58
within a year of the request, which in the Sidama‟s case came in 18, July 2018. Yet with the
deadline for the vote only two weeks away, the Ethiopian authorities have nether set a date nor
started preparation.

4.2 Pre-Violent Situation of Sidama Nation

4.2.1 The Quest of the Sidama Nation for Regional Self-Administration in the Past 28 Years
The Sidama nation presented to government its demand to establish a regional, state twice in the
past 28 years. The first decision to establish the Sidama Regional State in full compliance with
the Article 39(1), (3), 47 (2) and 47 (3) and Article 46 (2) of the constitution of the country was
made by the Sidama administration council in 2005. The council voted unanimously to establish
the Sidama Regional, State and end the forced merger with the 56 other nations and nationalities
in the southern part of the country. This decision was unilaterally reversed by the late Prime
Minister in violation of the constitution of the country.

Following the change in government in early 2018, which crated more conducive climate for
political participation. For the second time, on July 18, 2018, the Sidama Administrative Council
unanimously decided to withdraw from the forced merger of 56 nations in the southern part of
the country and establish its own Regional State in accordance with Article 47(2) of the
Constitution which stipulate that Nation, Nationality and people within current state in the
country have the right to establish, at any time, their own state.

Article 47(3), stipulates further that the right of any Nation, Nationalities or people to form its
own state is exercisable under the following procedures: (a) when demand for statehood
approved by a two-third majority of the members of the council of the Nation, Nationality or
people concerned, and the demand is presented in writing to the state council; (b) when the
council that received the demand has organized a referendum within one year to be held in
Nation, Nationality or people that made the demand; (c) when demand for statehood is supported
by a majority vote in the referendum; (d) when the state council will have transferred its power
to the Nation, Nationality or people that made demand; (e) when the new state crated by the
referendum without any need for application, directly become a member of the Federal
Democratic Republic of Ethiopia.

The Sidama nation fully complied with the provisions of article 47(3) (a) where the demand for
statehood was approved by 100% of the Sidama administrative council. The Sidama
Administrative council also presented the demand in writing to the SNNPRS council endorsed
the demand of the Sidama nation to establish its own regional, state and wrote a letter to the
National Election Board of Ethiopia to organize a referendum within 12 month period stipulated
in the constitution that expired on 18 July 2019.

59
4.2.2 Massive Peaceful Rallies in Hawassa to Remind Authorities to Conduct the
Refrendum
Between February and April 2019, the Sidama nation staged three major rallies demanding the
announcement of the date of the referendum. On February 21, 2019, over 1 million Sidama men,
women and students marched peacefully in Hawassa, demanding the announcement of the date
of the referendum to establish the Sidama Regional State. The government and the National
Electoral Board of Ethiopia refuse to acknowledge the voice of Sidama People. Undeterred by
the government‟s mistreatment of the Sidama nation, the Sidama Youth Movement for Good
Governance, Ejjetto, and the entire Sidama Nation staged a three-day peaceful strike across
entire Sidama sub-region. Again, the government and the Ethiopian electoral board ignored the
peaceful appeal of a Sidama nation for the referendum. Finally, on 9 April 2019, over 1 million
Sidama women organized a historic a women only rally (Furra Gaado) in an attempt to draw
attention of the international community, the Ethiopian government and Ethiopian Electoral
Board for the last time. Once again, the Ethiopian government and the Ethiopian Electoral Board
proved that they were above the law and refused even to acknowledge a rally by over 1 million
Sidama women. Moreover, these added an insult to injury and displaying their utmost contempt
on Sidama society.

4.2.3 The Ethiopian Election Board Violated the Constitution by Failing to Hold a
Referendum on the Sidama Regional Question before or on 18 July 2019
Article 102 of the Ethiopian Constitution established a National Electoral Board independent of
any influence, to conduct in an impartial manner free and fair election in Federal and state
constituencies. The National Electoral Board of Ethiopia failed to uphold the Constitution by
refusing to conduct a referendum to establish the Sidama Regional state in the past 12 months.

On the evening of 16 July 2019, the Ethiopian Election Board released a statement related to the
Sidama referendum. The Election Board deliberately misinterpreted the 12-month deadline
provided in article 47 (3) (b) of the constitution which clearly states that the Council of the state
that received the demand should organize a referendum within a 12 month period. Instead, the
Electoral Board opted to defy the constitution and decided to count the 12 months from the date
it received a letter of request from the council of SNNPRS to conduct the referendum. In
addition, the electoral board sate preconditions to conduct a referendum that were outside of its
mandate stipulated in article 102 of the constitution that establish it. Thus, in view of the Sidama
people and in terms of the Constitution, the last minute statement of the Ethiopian Election
Board was unlawful and malicious.

4.2.4 The Sidama Administrative Council and the People Agreed on Unilaterally Declare
the Sidama Regional State on 18 July 2019
On the morning of 18 July 2019 the people of Sidama flocked to the Gudumalle (traditional hall)
to finalize their discussions on the declaration of regional state, according to the eyewitnesses‟
soldiers and police forces deployed in Gudumaale blocked them from entering the venue and
begun to attacked civilians traveling to the meeting venue. The deliberate violence orchestrated
60
by the government and its inaction in 12 months rapidly spread to all 38 Sidama district and
town. Thus, among such districts and towns violence occurred in Hagereselm town is the main
concern of this study.

4.3 Mob Violence in Sidam Zone Hagreselm Town in 2019 G.C and its Consequences.
Hence, at 6:15 A.M. (local time) on June 18, 2019 one of the first deadliest riots begun. The riot
continued to range for two (2) days June 18-19, 2019 which engulfing a town in a deluge of
violence, looting and arson. By the time according to the respondent from police office of Hula
woreda, three (3) persons were died, eight(8) persons sustained non-fatal or permanent bodily
injury due to mob attack and eighteen (18) persons were died by state security forces, and more
than 137 houses were demolished and forty four (44) houses were in Hgereselm town.
Accordingly, more than one hundred (100) business were burned including Hotels, Groceries,
Shops and Boutiques. The religious institutions, police stations and FTC centers are among the
public property that vandalized by frenzy mob.

Thus, such devastating losses from this riot illustrate that tragic consequence of mob violence.
Here the respondent from police office of Hula woreda appall is that “… such violence was
planned instigated by organized violent groups and almost all of the victims belonging to the
minority non-Sidama community members. He also added, “Inadequate police preparation and
planning of security force were responsible for these tremendous costs.”

4.4 Implementation of obligation to protect and role of police or (state security institutions)
The large number of riots taking place in SNNPR state and frequent media reports of destruction
of property, vandalism and loss of the life and this should considered as a failure on the part of
the police. This breakdown stems from the delayed response of the officers or mishandling of the
situation.247 Even though, the state security force including state special force have the strength
and capacity to deal with any kinds of a mob and stop the breakdowns of the order within a
region. However, such ability of the police to disperse the crowd and stop the Mob from
indulging in destruction affected by politics, organizational weakness or biased action of the
police personnel and lack of leadership that that creates situation where a Mob battles the police
and succeeds in wrecking chaos in the society.248

Here the police and administration units in both federal and regional states failed to curb and
managing violence in Sidama land especially in Hagereselm which is most known and violent
communal riot on 18, July 2019. Concerning this, the respondent from Southern Nations,
Nationalities and People‟s regional state Police Commission states the previously mentioned
issues as follows:

247
Arvind Verma, „role of police in containing mob violence‟ (September 8, 2012) Vol. 47 No. 36 Pp. 65-73.
Available: https://www.jstor.org/stable/41720113 accessed 11-12-2019
248
Ibid

61
 “The impunity from political leaders, at both the state and federal levels lack of unity among
police institution for aiding or abetting mob violence undermines the performance of security
sectors for protecting civilians on an impartial base.”249 Thus, also he added that, “in
considering state responsibility in prevention Mob violence, there was an apparent political
impasse within state security institutions whereby the state police has failed to take effective
preventive action on numerous occasions of communal violence.”

Here, what was seemed is that the political leadership, the home department and the police
headquarters all seemed indifferent to the attacks taking place in different parts of Sidama‟s land
especially in Hagereselam. This distracted the local police and diverted resources from
operations against the offenders.

4.5 Hagereselam, 18-19, July 2019: The Riot/Protest and response from local police
Department
As stated above the disturbance occurred in Hagereselam on July 18-19, 2019 results many
deaths, physical injuries and million in property damaged. Thus, the local police
officer/department/ was the key responding agency, and criticized for its purported failure to stop
the disturbance. Here, the aim of the researcher is not to add to or refute these criticisms, but
rather to use the case study to assess the response of local police of the state to discharge its
obligation to protect the society from collective disorder.

Following one-year deadline, both regional and zonal executives predicted that there would be
civil disorders in Sidama Land. Nevertheless, the local police department‟s preparation for them
was uneven.250 Yet, in handling, riot preparation is crucial as it helps to lead the force properly
during a confrontation with the crowed and it provides direction to select strategies to deal with
different situations.251 In addition, it includes an intensive training in riot control strategy and
tactics, identifying potential targets of looters and to readying each officer‟s equipment. 252 Thus,
once the officer prepared himself or herself accordingly, they gained the ability to function as a
team and papered to respond rapidly and efficiently.

Yet there is no effort made to implement previously mentioned directives; according to

respondent from Hula Woreda police office, “there is clear evidence that they had not taken any
steps of preparation, and even they didn‟t received any command/order/ from senior officer.”253

Soon after statement released from Ethiopian electoral board, small crowds begun to form
around the city.254 Moreover, many were expressing their anger about the statement of the
249
Interview made with Tewdros Weldemichael, Southern Nations, Nationalities and People‟s regional state Police
Commissioner, 12, May 2020
250
Authorities interview; June 13, 2020
251
Arvind, V. (2019) cited above at note 247, pp. 65-73
251
Ibid
252
Ibid
253
Intervivw with Melase Bunura, the chief of Hula woreda police office, ( June 10, 2020)
254
Ibid

62
board.255 In 18, July 2019 around 5: 35 am the protestors had increased in strength and begun
looting the property targeting on non-Sidama owned shops and businesses.256 This was clearly
calculated and opportunistic for the police stretched thin and unable to guard these properties
located in different parts of the town. The small number of police personnel arrived at
intersection and observe a crowd of more than 100 residents, they took some sporadic action that
was too little to prevent crowd but the growing Mob of determined people breaking into shop,
and looting whatever they could lay their hands on.257 According, to the chief commander of
Hula Wereda police officer, “the situations is much worse in rural areas in the whole of Hula
wereda (where Hagereselm is located at), and they unable to contain mobs due to insufficient
number of police personnel to put under policing the whole kebeles within the woreda.” He also
added “… even in the town the police officers were poorly equipped and lack basic tools to deal
with unruly Mobs, accordingly most personnel lacks body shields and helmets, catena, police
stick and also reserve forces are hardly available.”

However, the informants say another reasons could be that,” some security officials simply do
not know how to respond to certain violent incidents in an acceptable way. “Here, the lack of a
clear, principled framework for police to guide their actions could be one. As the absence of such
a framework could be a cause for booth too much or too little action by security enforcement
agency while suppressing Mob violence.

Thus, this hampers access to crime-infested areas and creates good heaven for criminals.258 Such
a capacity problem compounded by the state‟s lack of mindset on addressing the problem, for
instance, by channeling economic and trained human resources (police personnel‟s) towards
curbing the problem. This challenge is too much and cause lack of confidence in the police‟s
competence to handle Mob violence unless measures are has taken earlier.

4.6 Hagereselam, 18-19, July 2019: The Riot/Protest and general approaches of state
agencies
The Mob attack in Hagereselm town was perhaps among the most vicious crime against the
community in the SNNPR state. These were also a communal frenzy even spread to the rural
areas of the Hula Woreda. The riot/protest began shortly after the end of the constitutional
deadline. One day before the deadline in 17, July 2019, the National Electoral Board of Ethiopia
(NEBE) released a statement that states the needs of additional time for preliminary preparations
in order to hold a referendum on statehood request by the Sidama people of southern Ethiopia
within five months.

According to the statement from the NEBE, the board is taking the necessary preparations to
hold the referendum within five months based on the one-year constitutional deadline, which

255
Ibid
256
Ibid
257
Ibid
258
Marrien, S. „Contextualizing the right to life and the phenomenon of Mob justice in South Africa‟ (2014) P.55

63
followed the regional council‟s letters of request for statehood, which sent to the board. NEBE‟s
statement said it received the letter in November 2011 E.C (Nov. 2018 GC) and based on the one
year constitutional time frame stipulated under article 47/3/b/ the board said it was within its
right to hold the referendum within next five months.

However, NEBE‟s understanding of the one year Constitutional deadline seems to contradict
article 47/3/a/and/b/ of the constitution. Whereas, NEBE says within one year of it receiving the
letter, the constitution states that /a/ “when the demand for statehood has been approved by a
two-thirds majority of the members of the council of the Nation, Nationality or people
concerned, and the demand is presented in writing to the state council.” And /b/ “when the
council that received the demand has organized a referendum within a one year to be held in the
Nation, Nationality or people that makes the demand.” The regional council had received the
letter for statehood demand from the sidama zone on July 20/ 2018.

This was a minor precedent indicative need for strategic diplomacy between proponents of the
Sidama statehood, the most vocal and more organized of whom being the youth, “Ejjeto” and
Federal and Regional governments. The former have long warned to unilaterally declare
statehood on July 18/2019, although many cast doubts on its legal applicability.

These clearly shows that, the state officials facing a threat of a riot/rebellion failed to employ
effective diplomatic strategies to convince proponents that a disturbance would be costly to the
whole process, counterproductive for reform, and unnecessary because there grievance addressed
in the future.

Once the state officials failed to employ diplomatic strategies, though, they opt to use force
strategies. This include a massive show of force, with the implied or explicit threat that it will be
used against proponents/protestors that likely instigators/ activists/ and participants will be
arrested or put in detention, and that crowds will be dispersed as they form.259 Such state officials
option also re enforced by primer Dr. Abiy Ahimed, for one in his appearance at parliament he
has warned that any such moves outside of constitutional requirements would result in the
Somali region scenario. By that, he was referring to the federal government‟s intervention in
Somali Regional State, which ended in disposing the then president Abdi Muhamed Omer (Abdi
Iley) who is now standing trial at a federal court in the capital.

In fact, it is beyond the scope of this research writer, to argue when one or the other strategy is
superior to deals with such situations. Nevertheless, the following can pointed out. (1), Force
options are likely to antagonize potential rioters/protestors and thus, to undermine diplomatic
efforts.260 (2), if a diplomatic strategy proves ineffective, it takes time and administrative skill to

259
Bert, U. „The state and collective disorders: the Los Angeles riot of April, 1992‟ (December 1997) University of
New Mexico, No. 76(2) pp. 357-77
260
Ibid

64
reconfigure social control agents in a force mode.261 Any such delay may come at a crucial point
in the evolution such kinds of disturbance and heir this gives rises the theories of state created
danger on the society as it discussed in chapter two. Moreover, the demand of Sidama nation is
related with issue of identity, autonomy and uses of resources. According to views of basic
human need theories and many respondent unless such issue resolved and timely managed by
governmental body it can be the source or the causes of violence within the society. And such
facts describes the violence occurred in Sidama Zone in general.

4.7 Responses from federal government or Federal intervention

The work of security in entire SNNP regional state placed under federal army command post
from 21, July 2019 after regional state requested the federal government for intervention.
Accordingly, all zones, woredas, and kebeles in SNNP regional state placed under the federal
army‟s command post to ensure peace and security, make ways for a stable regional leadership,
help answer the people‟s demands peacefully and according to the law, and ensure the rule of
law in all areas of regional state.

Such a decision come in the wake of a crisis that claimed the lives of citizens, displaced nearly
500 civilians and caused a substantial property damage following the July 18 deadline of a
unilateral declaration of Sidama statehood by members of Sidama communities and activists.

Here we have a serious flaw in the 1995 EPRDF Constitution for it leaves it to the regional
government leaders to invite the federal government to interfere where there is a breakdown of
law and order. It is a silly provision, for it has no rational for such prohibitive provision. Article
51(14) states, “it shall deploy, at the request of a state administration, federal defense forces to
arrest a deteriorating security situation within the requesting state when its authorities are unable
to control It.” The consequence of such provision resulted in the delay of the federal Ethiopian
military forces from entering into regional states to stop the horrendous atrocities committed on
innocent civilian population.

There are however, exceptions to such delays in security deployment. As military armies have in
some circumstance accused to taking excessive action against suspected troublemakers. As
opposition parties repeatedly accused the government use such forces to imposing their own
wills and sabotaged people legitimate demand, emotionally mislead the people and caused death,
destruction, looting and displacement, which in turn lead to paralysis within the regular security
apparatus of the regional state. Accordingly, Sidamas activists on their part accuses security
forces in various place in Sidama Zone and Hawassa city arresting dozen of activists, including
several leaders of Ejjetto, a Sidama youth group spreading the campaign for Sidama statehood,
such asBelay Belguda, Fasika Legesse and Getahun Deguye and there is also many killing by
security forces. However, in both scenarios, democratic accountability should followed for their
inaction (delays) and excessive uses of forces during protest.

261
Ibid

65
To that end, national law should ensure that victims of the use of force or firearms have access to
an independent complaint process, including a judicial process. Victims also be entitled to fair
and adequate compensation within a reasonable period.

4.8 Post-Violence Actions of Law Enforcement Agencies

4.8.1 Obligations of state to investigate, prosecute, and punish the wrongdoer

Where a reliable report of unnatural death and devastation of private property received due to
Mob violence in a certain incidents, the state has a duty to investigate that complaint effectively
prosecute and punish wrongdoer. The most important characteristic of the investigation is that it
be effective, not merely a formality.262 The investigation into all forms of suspicious death and
destructions of property should comply with such requirement, and if the state fails to
investigate, such that no genuine attempts is made to identify the perpetrators and to bring that
person to justice, it would have failed in its obligation to conduct an effective investigation.263
This could also amount to a failure to provide protection from Mob violence, since it represents a
failure to enforce the prohibition. Here, the interview conducted with federal investigative police
officer suggests, “It is impossible to conduct an effective and impartial investigation unless a
local police officer and community actively participated in the process of the investigation.”

Accordingly, the investigation committee or command post established that involves

representing from federal, regional, zonal and woreda and formed special investigative units to
conduct effective investigations. Moreover, with the helps of community and community leaders
all suspected criminals detained and investigated. Thus, such established investigative authority
that has a power to obtain all necessary evidence, including the power to compel suspect and
witnesses to appear and give evidence, carried it out.

As interview, mad with Mr. Brehanu Teshome, federal attorney general crime prosecution
administration unit leader, suggest, “It is not easy to prove causation element as a Mob crime
committed in a group or a crowd of prisoners assembled together…..”

Here, In relation to prosecution, the Ethiopian criminal legal system based on personal
liability.264 Where an individual can be held responsible for his or her own conduct. Essentially,
individuals are in general sense responsible for their own conduct and in the event of wrongful
conduct, they may be held liable.

In this regards when two or more persons acting together, in joint enterprise, here, causation
elements cannot be easily proved even if the state uses the best of modern technology like use of
DNA evidence, cell phone records, satellite mapping to insure successful arrest and prosecution.
However, all of this technology makes for little assistance in a trail if causation element cannot

262
Kate, T. and Camille, G. (2002) cited above at note 98, p. 35
263
Ibid
264
Boitumelo, M. „Common purpose: the last hope for the successful prosecution of Mob justice murder cases‟
(2017), p. 8

66
proved.265It is to this end as discussed in chapter two the foreign jurisdiction like South Africa
introduce the special doctrine to its legal system to overcome aforesaid difficult relating to
causation in consequence crimes committed by collective individuals.

Moreover, it deliberately waives the causation prerequisites in consequence crime in order to

facilitate the conviction of murder of each separate member of group. In this regard this research
already defend importance of having the “common purpose doctrine” in the South African
criminal justice system, particularly in the context of mob violence murder case.

Here if a victim is beaten to death by a mob, it is often impossible to determine which of the
offenders delivered the fatal blow. In case of this nature, if a component of causation cannot be
proved beyond any reasonable doubt all the accused would be acquitted. This is injustice sought
to overcome through the introduction of the common purpose doctrine.

Thus, when we look to violence occurred in Hagereselam there was 3(three) murder cases which
is confirmed and registered by state authority,266 36 suspected individuals accused in relation to
supposed murder and the process of proceeding were prolonged due to the encountered
challenges mentioned above by informant Brehanu Teshome.

4.8.2 Victims of Mob violence and right to remedy and compensation

Another important area of victims of mob violence rights examined in this study was the right of
victims to restitution. The primary victims of such a vigilant violence are those, the kin of
deceased person, a person whose properties vandalized and whose body injured due to acts of
Mob attacks. Having the constitutionally guaranteed rights, such acts of mob considered as
human right violations.

In human right laws, the right to compensation (reparation) has understood to entail two aspects:
the right to a domestic remedy and the right to adequate and effective forms of compensation.
The connection between the procedure by which reparation sought and the ultimate award
understood as indivisible, and together the concepts of effective remedy and reparation have
been described as redress.267

An effective remedy is a crucial component of right, as it provides victim of mob violence with
the procedure by which they can assert their rights and seek reparation for the violation. All
human right treaties and instruments require, either explicitly or implicitly, state parties to
provide remedies under national law.268 The UN basic principles and guidelines explain the
obligation to respect, insure respect for and implement international human right law as given
rise to a duty, inter alia, to provide remedies that include the right to equal and effective access to

265
Ibid
266
Interview with, Melese Bunura, cited above at note 253
267
Reaching for justice: „the right to reparation in the African human rights system‟ (October, 2013) p. 8
268
Ibid

67
justice; adequate; effective and prompt reparation for harm suffered and access to relevant
information concerning reparation mechanisms.269

Hence, the right of victims of human rights violation to reparation is well established and basic
human right that today is enshrined in universal and regional human rights treaties and
instruments,270 that Ethiopia is parties. Yet, its application in practice is far from satisfactory. In
addition, majority of states fail provide victims with an effective remedy, and only rarely do
victims obtain full and adequate reparation.271 In fact, the same is true in our country, as though
Ethiopian Constitution failed to provide effective remedy (compensation mechanism) for
violation of human rights. However, as discussed in chapter four, according to new criminal code
of Ethiopia article 101, 610, victim can claim compensation from offenders in criminal
proceedings. Nevertheless, this mechanism is not effective, as victims did not entered a claim for
damages in criminal proceeding. The main preventing victims from applying for offender
compensation in criminal proceedings, according to the interviews with victims were:

 Many victims stated that they had not informed about their right to claim offender
compensation within the framework of the criminal proceedings; of the victims who
did apply. Thus, the victim of mob violence did not received the adequate
notification of available victim rights or services.
 Some victims did not apply because they assumed that their claims would, for
various reasons not be successful, for instance, because they were not in a position to
demonstrate their damages or in many case the offender did not have the means to
pay compensation.

Again, practitioners, like lawyers, judges and prosecutors of federal court were asked “as
concerns proceeding in the case of violent crime and judging by their practical experiences, how
often does the criminal court adjudicate on the victim‟s civil law claims?” to respond they could
choose between “often or very often”, “occasionally” and “only in exceptional cases or not at
all.” As police officer were not asked as they lack robust knowledge on the matter, here the
response from the judiciary and from lawyers, majority of practitioners indicated that this occurs
only “occasionally”. From the interview conducted with the victim and practitioners, some
challenges emerge:

 Judiciary displayed reservations, doubts and ambivalence about their civil law functions.

Judges: “it is difficult to strike a balance between the fact that criminal proceedings do not serve
to determine compensation claim and should not be randomly extended and the fact that criminal
proceedings should respect victim‟s right in an appropriate manner.”
269
UN basic principles and guidelines on the right to a remedy and reparation for victims of gross violation of
international human right law, adopted by general assembly resolution 60/147, 16, Dec 2005, Available at
http://www.ohchr.org/EN/professionalinterest/pages/RemedyAndReparation.aspx.
270
K I Vibhute (2009), cited above at note 177, p. 3
271
Ibid

68
Lawyers: “Usually, criminal judge do not feel responsible for civil court issues they do not went
to deal with it and they are not interested with it.” Hence, the criminal courts reluctant to pass a
comprehensive and concluding judgment on a victim‟s compensation claims render adhesive
proceedings unattractive. Moreover, the interviews conducted with practitioners suggest that, in
practice, criminal courts only occasionally issue compensation orders; one reason being that a
compensation order must consider the defendant‟s means into account. In severe cases, where it
is likely that the offender faces a prison sentence, court often assume that offenders do not have
the financial means to allow an order to be made.

Thus, such problems /challenges/ indicates the existing victim compensation procedure that,
(only the restitution made by offender) is not effective in practice due to previously mentioned
reasons. This shows that the existing procedure for the victim to request compensation should
revise and simplified to present any appropriate legislative or non-legislative proposals in the
area of compensation of victims of violent offence. Thus, as long as there is no effective
procedures to compensate, victims of violent crime left without recompensed for their damages
and this doubled over their suffers.

4.8.3 Compensation to a Victim of Mob Crime by the State: - Needs of an alternative

paradigm
In Ethiopia, a victim of Mob crime, as evident from the legislative paradigm outlined in previous
units, does not have any right to claim compensation from the state, unless the government itself
infringes the law.272 Such a claim in principle comes within the domain of the CPC and falls
within the jurisdictional orbit of a civil court of competent jurisdiction.

The question as to whether the state is, or should be responsible for re-compensating a victim of
crime, as a matter of right, for the financial loss and injury, mental or physical, sustained by
commission of a crime, thus, remain unaddressed to in the Ethiopian criminal justice system.273

In addition, as discussed in previous unit, one of the main functions of a state is to protect safety,
security and property of its citizens. Thus, the state by virtue of social contract is bound to
compensate a victim of crime for the loss incurred or injury suffered at the hand of wrongdoer.
State therefore under legal obligation to compensate a crime victim as state failed to protect limb,
life or property and maintain law and order; insure peace in society.274

Further, compensation from state can also be justified on the ground that the state system,
namely, it is political, economic and social institutions, as asserted by modern criminologist,
generates crime by poverty, discrimination, unemployment and insecurity.275A victim of such a
socio-eco-political system, therefore, deserves compensation from the state.276 Reparative

272
Ibid
273
Ibid, p. 460
274
Ibid
275
Ibid
276
Ibid

69
justice by a state to a crime victim can be justified on some moral, humanitarian and
compassionate grounds, as he has been a victim of an “unfortunate recipient” of, some
harm/injury for no fault of his.277 It would be worthy to recall here that in 1985 the UN General
assembly (UNGA), through a Declaration, urged its members to treat victims with compassion
and respect for their dignity, with this spirit, the UNGA urged state to establish, strengthen and
expand national funds for compensation to victims. Designing such victim compensation scheme
in Ethiopia, one of least developed and poorest countries needs in-depth analysis policies and
priorities.278 As financial problem is one of the major obstacles and challenges to make such a
scheme a reality in Ethiopia. Nevertheless, it is possible to initiate, through law, a sort of victim
assistant fund or victim compensation fund at federal as well as regional state levels for
compensating a victim of violent offence against human body, life and property.

Here Ethiopia, while designing such scheme can instructed from foreign jurisdiction like a
countries like India and South Africa as it discussed in chapter two of this research paper. In this
regard, interview with a victim suggest, that “they did not received any reparation for their
damages sustained by the act of Mob violence” this is in fact true as there is no law that provide
public compensation to victims and also there is no effective public compensation fund at federal
as well as in regional government.

Moreover, some interviewee whose Hotel or Restaurant demolished by mob attack states that
“the local authority as well the authority from state government visited there restaurant and
registered all property that damaged and valued in money to recompense it, yet, the provided
compensation is not adequate.” Moreover, the chief commander of police office of Hula Wereda
also state the same idea that reinforce such a statement given by the victims.

Yet, he added that there was also some problems in the meantime of compensating the victim in
relation to victim eligibility, or to separate deserving (those who are in the circumstances
innocent or blameless in respect of their injuries), from undeserving (those who injured by virtue
of their personal characteristics or conduct resemble, or have been, offenders at the time).279

Here, compensation a victims is the most tangible way that state can attempt to remedy the harm
that victims have suffered. Ethiopian law is weak in reparation, the only practice being for the
state to provide some sort of exgratia relief. Such problem manifested due to non-existent of
simple and clear schemes of compensate eligible victim of violent crime in respect to valuation
of property and methods of assessment within the state. Thus, for most of the victims of mob
violence, compensation and rehabilitation, has been a distant dream.

277
Ibid
278
Ibid
279
Interview with Melese Bunura, cited above at note, 253

70
 Chapter Five

5. Conclusion and Recommendation

5.1 Introduction
This study examines the obligation of federal and SNNP regional state to provide protection in
relation to its commitment to discharge its responsibilities of protecting citizens from mob
violence or any kind of insecurity in general. The term “mob violence” in the present study
encapsulates different illegal acts including killing and vandalizing public and private property
for various reasons.

Thus, this chapter sets to summarize the finding of the research were achieved and then finally
give recommendations.

5.3 Major findings of the study

One of the aims of the study is to investigate the growing incidence of mob violence in the
country against the backdrop of an elaborated constitutional obligation of the state to protect its
citizens from violent attacks. In this regards, what the findings seem to suggest for the overall
picture, is that:-

Role of police in the violence:-

 In fact, police or state security apparatus has a tremendous role in containing mob
violence, yet, the case studied in this paper deduce certain factors that hampered the
police from discharging their positive role in preventing or minimizing the damages that
come from mob violence:-
 Inadequate police preparation and planning were responsible for the terrific cost
caused by Mob violence
 Despite early warning, to law enforcement officers and community leaders of
federal and regional states, but they failed to implement planning efforts or
coordination to address existing political tensions in a way that helps to impend
riots.
 Delay in the use of force, when the situation clearly demands it and hesitation to
accept responsibility.
 Law enforcement efforts also hampered by a general absence of a riot controlling
plan, which delayed the implementation of appropriate tactics to control the riot.
 Insufficient number of police personnel present at riot situation to deal with vigilant
groups, even they present after the matters.
 Police investigation and prosecution

Of all cases in Hagereselam town we looked at three murder cases which is confirmed by local
and regional police authority still the court doesn‟t pass a judgment on any of the murder case

71
as though investigations, police filing of charge sheets, and court framing charges are process
that have prolonged and take more than one year.

That is what a researcher found regarding the roles discharged by the security apparatus of the
state while dealing with specific mob violence occurred in Hagereselm town.

Role of federal and regional law making body:-

 The escalation of mob violence incidents in a country implies that legal sanctions to end
have failed and the law does not adequately address all parameters and the philosophy
behind this social problem. Moreover, it clearly demands the adoption of laws that
specifically govern the issue and address the problem of mob violence by taking into
account preventive, remedial and punitive measures.
 Compensation has been a distant dream for victims of mob violence and their families.
Thus, because as discussed in the analysis part of the study those victims of their
property damaged got compensation for their economic lost even if it is not adequate.
Yet, those lost their lives and suffers nonfatal physical injuries left without relief or
recompense, and have attracted no government attention. In Hagereselm case, three (3)
peoples lost their lives by act of mob violence eighteen (18) person lost their life by
government security force and eight (8) person suffers grave injury as consequence of
mob violence. Thus, such victims or the kin of the deceased did not receive any support
from government.

Here even if the Ethiopian Criminal Code (CC) provide compensation by the offender
however, such offender compensation mechanism is not effective in many case it is
distance dream for the victims as long as victim of violence doesn‟t have any entitlement
or right to seek compensation from the state when he/she failed to seek adequate
compensation from the offender. On the other hand, in many case offender owning to
financial inability and failed to pay the amount of compensation due. Here as a matter of
priority a state sponsored compensation scheme to compensate victims of violent crime
and their dependents when compensation is not fully available from the offender.
`

5.2 Conclusion of study

Currently mob violence has taken place regularly in many parts of the country, it's threatening to
grow into a national epidemic. This study thus, find out that in the recent past, self-proclaimed
and self-styled vigilantes have taken the law into themselves and have attacked the citizens
belonging to certain communities and lower strata of the society. However, it is the obligation of
central as well regional state of Ethiopia to take immediate action warranted in law to stop such
activities. Again, it has clearly held that it is the responsibility of state administration in
association with the intelligence agencies of both the state and center to prevent recurrence of
communal violence in any part of the state. Conversely, the situation becomes worsened, because

72
of the public ignorance and it results in people taking the law into their hands. This quick fix,
creates further problems for the law as a victim of the mob violence, feel unprotected by the law.

Those in positions of authority or those responsible for maintaining law and order found
negligent; he/she should bring within the ambit of the law. Moreover, while dealing with the
issue of communal violence, the state government has to do in, find the proximate causes or the
drivers for such communal unrest, and strengthen the fabric of the society. Further strengthening
of police infrastructures would undoubtedly help in curbing any recurrence of communal
violence and emphasis should also lay on simultaneous peace-building measures and timely
responses to the needs of the people, which related to identity, resource and autonomy.

5.4 Recommendation
As thoroughly discussed in this thesis, a federal as well regional state of Ethiopia has a
sacrosanct duty to protect citizens from unruly elements and perpetrators of orchestrated attacks
of the mob with utmost sincerity and true commitment to address and curb such incidents.
Furthermore, the state tasked with the responsibility to govern those within its territory. This
leads to the unassailable conclusion that, the state must act to ensure that mob violence reduced
and ultimately eradicated. To this ends, based on the finding reached the following
recommendations given below:-

For Federal as well SNNP region, state parties:-

 Identify the needs of the society manage effectively and provide timely responses.
 The state has to insure the machinery of law and order functions efficiently and
effectively in maintaining peace to preserve our secular ethos and pluralistic social fabric
in a democratic set-up governed by the rule of law.
 In times of chaos and anarchy, the regional and central state officials have to act
positively and responsibly to safeguard and secure the constitutional promise to the
citizens.
 To reduce or eradicate the prevalence‟s of mob violence both regional and central state
has to equip the police with necessary training, materials and disciplines and deploying
the same to police officers of the Hagereselm town to revive the capacity of the station.
Such helps to avoid the paralyses occurring when incidents are reported.
 The central as well regional government should designate special task force to gate
intelligent report about the incident to curb unnecessary delay and inaction of police.
 Ensure speedy investigation and prosecution of the perpetrators and instigator of mob
violence, also investigate the inaction of state officials and police officer were relevant.
 Ensure provision of relief and rehabilitation along with free and accessible legal aid for
victim and families of surviving.

73
For SNNP region and central law enforcement body:-

 Effectively and efficiently, enforce and implement the existing legal frameworks that
relate to mob violence.
 Better cooperation between the investigation, prosecution and conviction units needed to
Insures the effectiveness of the prosecution and sentencing of mob violence incidents.

For Federal as well SNNP regional, state law making organ:-

 Moreover, concerning the compensating the victim of Mob violence, the current situation
of the country clearly stressed/demand the need to introduce “state sponsored
compensation scheme” to compensate victims of violent crime and their dependents
when compensation is not fully available from offenders.
 Concerning the effective investigation and prosecution, the doctrine of “common
purpose” has to introduce or adopted into our criminal justice system. As it regulates
crime that are committed by groups of people. Therefore, this common law doctrine has
to be legislated on and form part of the criminal justice system to reduce crime-
committed in-group and to promote accountability.

74
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Appendix: Interview Guidelines
Interview guide questions for Key Informant/in depth interview/፡-

This interview guide is prepared for gathering information for my Master‟s thesis that I am
pursuing in ECSU, School of Law and Federalism.

Thus, the question mainly related with the topic of my thesis, which is the obligation/duty/ of the
Government/state/ to afford protection to its citizens against Mob violence in general and
questions related to the study area in particular.

With this in mind, I want to employ the following questions to answer the research questions:-

I. A Question directed to federal and regional law enforcement body

Objective: - the objective of this question is to know the causes of mob violence, the role and
duty of state law enforcement organs in preventing the incident of the Mob violence.

1. What are commonly known causes of Mob violence?

2. How you identify the crime of Mob violence from other kinds of the crime?

3. Do you believe that the state has a duty to provide protection from Mob violence to its citizen?

4. How do you connect the Mob violence and Law enforcement institution of the state?

5. Do you believe that there is a strong law enforcement institution to restrain Mob violence?

6. Do you believe that law enforcement body has full capacity to make and implement their own
decision (strategy, command, and preparation)?

7. What measures should take to prevent the incidents of Mob violence?

8. Are crowd control strategies and tactics exist or is there any state pre-action taken for
influencing riot?

9. Do you believe that the police institution has enough resources to suppress the Mob violence?

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10. Do you believe that the state government is responsible for non fulfillment of such
obligation? If so, to what extent the state bodies are responsible and accountable?

11. Is there any special task force to procure intelligence reports about the people who are likely
to commit a crime of Mob violence?

III. Questions Directed to the office of public prosecution and judges

Objective: - this question has the objective to know the existence of comprehensive law that
helps to combat Mob violence and that provide a remedy for the victims of mob violence.

1. Is the existing law in a country sufficient to combat mob violence? Or is there a need for
comprehensive and special law to prevent the incident of mob violence?

2. Is the existing law to insure the accountability of officials for their failure/omit to exercise law
full authority to maintain law and order?

3. Do you think that state successfully performs its obligation to investigate, prosecute, and
punish the perpetrators of Mob violence? What are challenges to do so?

4. What are the major challenges to implement the existing law?

5. Does their state compensation scheme of Mob violence exist?

I. Questions related to victims of Mob violence

Objective: - the objectives of this question is to know the protection provided to the victims
from the state after the occurrence of mob violence/remedial measures/.

1. Did the victims of Mob violence receive the adequate notification of available victim services?

2. Is the state, provide adequate compensation for the death of the person as a consequence of
Mob violence to the next of the kin of the deceased?

3. Did they receive adequate restitution/compensation from the state for their economic and
physical loss?

4. Did they get relief camp or basic shelter?

5. Did they get 24-hour security at relief camp?

6. Did they get adequate food, water and medical service?

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