Beza Dessalegn | Addis Ababa University (original) (raw)

Articles by Beza Dessalegn

The Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and in... more The Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and intra-state conflicts have dominated the region. In a bid to check intra-state conflicts and accommodate ethno-national and religious diversity, federal or federal like models of governance have been proposed, discussed, and, in some cases, adopted across the region. Focusing on Ethiopia, Somalia, Sudan and South Sudan, this article discusses the origin, reasons, and prospects of the federal idea in the Horn. The article argues that the major rationale for the federal idea in the Horn is the containment of communal tensions. Yet, the track record of federalism in alleviating communal tensions has not been encouraging. This is partly related to design issues that have undermined the efforts to use federalism to address communal tensions. More importantly, however, the commitment to genuinely implement the federal idea has largely been absent.

Emerging Federal Structures in the Post-Cold War Era, 2022

When federalism was introduced in Ethiopia in the early 1990s, it did not receive a warm receptio... more When federalism was introduced in Ethiopia in the early 1990s, it did not receive a warm reception. Although the militarily victorious, ethnic-based liberation movements presented federalism as the only viable path to democratization and stability, many others saw it as a ploy to disintegrate the country. The relevance of federalism as the appropriate response to the challenges that the country is facing continues to dominate constitutional and political debates, but the nature of the debate has notably evolved through the years. Today, it is hard to find a political formation that, at least, openly challenges or campaigns against the relevance of federalism. The nature of the debate has shifted from the relevance of federalism per se to the nature and character of the federal arrangement and more specifically to the ethnic-based nature of the current arrangement that is blamed for the exacerbated ethnic divisions, conflictual intergovernmental relations and the rendering of some as second-class citizens in a territory they consider home.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

Religions, 2021

The South African Constitution contains an extensive list of rights, several of which are relevan... more The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. This article examines the extent to which these protections are utilized by individuals and courts and explores the interplay between these various sources of protection that religious minority groups and their members can rely on. It will examine the courts’ case law on freedom of religion to determine whether the courts have relied on one or all of the rights offered by the Constitution when dealing with claims made by persons belonging to a religious minority group. The reasons for and impacts of the choices that the courts have made will also be investigated. Equally important are the choices made by persons belonging to a religious minority group when approaching courts to vindicate their rights.

International Journal on Minority and Group Rights, 2020

Ethiopia’s ethnic federalism manages the diversity problem by giving ethnic territorial homelands... more Ethiopia’s ethnic federalism manages the diversity problem by giving ethnic territorial homelands to the constituent ethnic groups. This, in ethnically diverse regions, has meant the establishment of ethnically defined local governments. However, as the clear mismatch between available local governments and the number of constituent ethnic communities demonstrate, many are left without a local government of their own – resulting in rife inter-communal tensions. This has also proved to be a fertile ground for competing ethnic nationalisms to flourish and proliferate at sub-regional levels. As a result, some local governments were broken apart after their establishment to arrest ethnic conflicts that followed while others were amalgamated to maintain regional territorial integrity. By using the snnp region as a case study, this article argues that the political atmosphere, propelled by political exigencies, dictates the establishment, breakup, and amalgamation of ethnically defined local governments, while constitutional principles are side-lined.

Constitutionalism, Constitutional Adjudication and Human Rights in Ethiopia , 2020

The Ethiopian federal system is conspicuous for its grant of extensive rights to the country's "n... more The Ethiopian federal system is conspicuous for its grant of extensive rights to the country's "nations, nationalities and peoples" or ethnic groups. Ethnic groups do not only have language rights and cultural rights but also rights to political participation and territorial self-rule. Yet, the entitlement of a group to these rights is contingent on the group being officially recognized as a "nation, nationality, or people". This has spurred a multitude of groups to claim such status and submit distinct identity determination petitions to the responsible state institutions. This chapter presents several such petitions originating from three regional states and examines how they have been handled by the responsible federal and regional institutions. The research finds that the federal and regional governments' response is based on political expediency rather than clear and consistent criteria. This may incentivize groups to deviate from the legal path and hence be a catalyst for ethnic tensions and conflicts.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2019

Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – ... more Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also provides for a number of individual rights, including the free movement of citizens within the country. In a federal setup where subnational and local boundaries are constructed along ethno- linguistic lines, the mobility of individuals presents both opportunities and challenges. While the free movement of citizens provides unique opportunities including fighting stereotypes, facilitating inter-cultural exchange, and reinforcing cultural bonds, it has also the potential to create tension with members of the host community that perceive mobility of individuals as a threat against their constitutionally recognized self-rule rights. This paper examines how the Ethiopian federal setup, without adequate legal framework, is struggling to address these competing demands and, as a result, has probably undermined both citizenship and ethnic rights.

Federalism and National Diversity in the 21st Century, 2020

This chapter discusses a ‘tension’ between internal migration and the self-rule rights of ethnic ... more This chapter discusses a ‘tension’ between internal migration and the self-rule rights of ethnic communities in Ethiopia. Making ethnicity the basis for the political and administrative organisation of the Ethiopian federation has set the stage for the emergence of tacit group-differentiated rights that are coming into conflict with the protection of the individual rights of internal migrants. This chapter argues, in turn, that differentiated citizenship is necessary but insufficient to deal with the increasingly complex dynamics of ethnic diversity within the context of multiethnic (and multinational) federations; the enshrinement of rights in these settings must ensure that the empowerment of ethnic communities does not unreasonably restrict the rights of individuals who are not members of the community.

The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitu... more The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitutional, institutional, and political practice. Yet, this has not been able to contain new questions of identity, not only seeking for recognition as a distinct ethnic group, but also a desire to establish ethnic territorial administrations. Moreover, ethnic groups that are already recognized are also laying claims to various self-determination rights, inter alia, to territorial autonomy, equitable participation, and the redrawing of internal (ethnic) boundaries. Based on legal analysis of cases from the SNNP region, the article critically discusses the quest for identity and self-determination, and provides an overview of the experience of the region. In dealing with the existing dilemma, we argue that there is a need to maintain the balance between constitutional rights to identity recognition and self-determination with the threat of ethnic and territorial fragmentations.

Ethiopian Journal of Federal Studies, 2019

This article investigates the structure and practical operation of Hawassa City's government inst... more This article investigates the structure and practical operation of Hawassa City's government institutions using universally accepted yardsticks of good governance as an analytical framework. The analysis of the relevant regional laws has been complemented by fieldwork conducted in the city. The research reveals that Hawassa City has been legally endowed with important powers and responsibilities, the autonomous exercise of which, guided by the principles of good governance, should bring about all-round societal development. Yet the research also finds that the quality of governance in the city is negatively affected by a number of factors, one of which is the dominance of the Sidama people in city government institutions. Another important factor is the lack of effective mechanisms of checks and balances, both at horizontal (intra-city) and vertical (city-regional government) level. The research finds that inadequacies in the legal framework, along with aspects of the city's political context, have contributed to this situation. Hence, the study's main recommendations highlight the need for better management of the city's ethnic diversity as well as for strengthening and clarifying horizontal and vertical mechanisms of checks and balance.

After daringly adopting federalism based on ethnicity, Ethiopia has, since 1991, been empowering ... more After daringly adopting federalism based on ethnicity, Ethiopia has, since 1991, been empowering minority communities within ethnically designated territories. With the clear advantages of territorial solutions, the management of extreme ethnic pluralities through territorial approaches alone has proved a daunting task. Complementing territorial autonomy, the region of Benishangul Gumuz has opted to inculcate elements of non-territorial features in order to manage its regional diversity. This paper investigates the pros and cons of these measures and what it means for a federal arrangement that heavily relies on the matching of ethnicity with territory. It concludes that, even though non-territorial measures being undertaken are steps in the right direction, their full-fledged implementation has severely been curtailed by legal inadequacies and the political practice.

Mizan Law Review, 2018

Although the Ethiopian federal dispensation legitimizes political participation based on ethnic i... more Although the Ethiopian federal dispensation legitimizes political participation based on ethnic identity, the arrangement, both through design and political practice, has led to the skewed representation of ethnic groups. The article examines these challenges and argues that in addition to the existing electoral system, difficulties pertaining to the holding of free and fair elections, ethnic voting, the role of political parties and majoritarian decision-making procedures have severely undermined the effective political participation of ethnic communities. Moreover, the manner in which electoral constituencies are formed largely benefit the politically and numerically dominant ethnic group thereby undermining the representation of ethnic minorities. Yet, in some cases, notwithstanding the existence of ethnic groups with numerical ascendancy within an electoral constituency, the political practice ensures that a „favored‟ ethnic group, despite being a numerical minority, is made the political majority. In the veil of these obstacles, it is contended that a mere change in the electoral system alone, without due consideration to the aforementioned factors, cannot bring a full-fledged solution to the underlying problems the political system is facing.

The practice of federalism in Ethiopia, which is exclusively dependent on the idea of granting te... more The practice of federalism in Ethiopia, which is exclusively dependent on the idea of granting territorial autonomy to select ethnolinguistic groups, has now prevailed a little over two decades. As has been witnessed over the years, this approach to devolving autonomy risks excluding minorities in the country's subnational units from adequate representation and from having the decision-making powers required to promote their particular needs. Despite the clear advantages of granting territorial autonomy to territorially concentrated and homogenous groups found within a certain geographical unit, in countries like Ethio-pia-where subnational heterogeneity surpasses homogeneity-such an approach should not be relied on as the only method for fostering ethnolinguistic diversity. This article argues that non-territorial arrangements, like cultural autonomy and "consocia-tionalism," should be utilized in addition to other legal, institutional and cultural processes for sharing power in Ethiopian sub-national units.

Mizan Law Review, 2014

Broad representation of different ethnic groups has implications in stability and the quality of ... more Broad representation of different ethnic groups has implications in stability and the quality of democracy. The right to political participation is largely realized through the electoral system of a country. The choice among electoral systems should thus take various factors into account including the need for securing equitable representation, including minority groups. It is argued that the ‘first past the post’ system embodied in Ethiopia’s electoral law denies national and regional minorities equitable and adequate share of political power in the respective federal and regional councils. Hence, taking into consideration Ethiopia’s long history of competing ethnic nationalisms and lack of consensus, there is the need for securing adequate representation proportional to the numerical presence of minorities in constituencies in lieu of stubborn adherence solely to the majoritarian plurality system.

After the implementation of the post 1991 EPRDF government's program of ethnic re-gionalism, loca... more After the implementation of the post 1991 EPRDF government's program of ethnic re-gionalism, local ethnic rivalries have intensified among indigenous nationalities and non-indigenous communities of Benishangul Gumuz. The quest for regional autonomy of the indigenous nationalities, especially, to profess their need of self-rule, did not resonate very well with the political representation rights of the non-indigenous communities. In this regard, the paper argues that the problem is mainly attributable to the fact that the Constitutional guarantees provided under the FDRE Constitution have not been seriously and positively implemented to bring about a balanced political empowerment. Making the matter even worse, the regional state's Constitution placement of a Constitutional guarantee by which the indigenous nationalities are considered to be the 'owners' of the regional state coupled with an exclusionary political practice, relegating others to a second-class citizenship, has undermined the notion of " unity in diversity " in the region. Thus, striking a delicate balance between the ambitions of the indigenous nationalities regional autonomy on the one hand and extending adequate share of the regions political power to the non-indigenous communities on the other is a prerequisite for a balanced political empowerment.

A system of democracy built on ethnicity, if it intends for the effective political participation... more A system of democracy built on ethnicity, if it intends for the effective political participation of all ethnic groups, should accommodate minority groups on the basis that they have meaningful in uence, at least, on matters affecting their interests. Particularly when ethnicity is the only means of ascribing to political power; the need for securing equitable representation of all ethnic groups becomes indispensable. Ethiopia’s long history of competing ethnic nationalisms and lack of consensus reveals that, the contending ethno-cultural groups at best require the safeguarding of effective representation in areas of public life that are of particular interest to them. Despite this, the current federal arrangement -even though with its recognizable breakthroughs from the past- has failed to accommodate different ethnic groups on the basis, which is adequate and effective. Such is visible in various aspect of public life, but is most pronouncedly observable in the demand for meaningful representation and decision-making powers by ethnic minority groups both at federal and regional legislative bodies. This paper therefore argues for a beyond majoritarian rule of power-sharing so as to ensure the effective political participation of ethnic minorities.

Review of judgments in civil litigation offers litigants a chance to have their cases re-examine... more Review of judgments in civil litigation offers litigants a chance to have their
cases re-examined either by the court of rendition or by a court found at a higher
hierarchy than the court which rendered the judgment first hand. This
undertaking tries to strike a delicate balance between the search for truth and
the need to bring litigation to an end. In engaging in any kind of interpretation
concerning review of judgments, courts are required to balance these competing
interests. This article is a critical examination of the law on review of judgments
against the various interpretations of the Cassation Division. Although the
Cassation Division offers a novel approach in its efforts to bring consistency to
our legal system, it has however overstepped its authority from a law
interpreting organ to one of a law-making body in the binding interpretation it
gave on review of judgments based on newly discovered evidence

The Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and in... more The Horn of Africa is the most conflict-ridden region in the African continent. Both inter-and intra-state conflicts have dominated the region. In a bid to check intra-state conflicts and accommodate ethno-national and religious diversity, federal or federal like models of governance have been proposed, discussed, and, in some cases, adopted across the region. Focusing on Ethiopia, Somalia, Sudan and South Sudan, this article discusses the origin, reasons, and prospects of the federal idea in the Horn. The article argues that the major rationale for the federal idea in the Horn is the containment of communal tensions. Yet, the track record of federalism in alleviating communal tensions has not been encouraging. This is partly related to design issues that have undermined the efforts to use federalism to address communal tensions. More importantly, however, the commitment to genuinely implement the federal idea has largely been absent.

Emerging Federal Structures in the Post-Cold War Era, 2022

When federalism was introduced in Ethiopia in the early 1990s, it did not receive a warm receptio... more When federalism was introduced in Ethiopia in the early 1990s, it did not receive a warm reception. Although the militarily victorious, ethnic-based liberation movements presented federalism as the only viable path to democratization and stability, many others saw it as a ploy to disintegrate the country. The relevance of federalism as the appropriate response to the challenges that the country is facing continues to dominate constitutional and political debates, but the nature of the debate has notably evolved through the years. Today, it is hard to find a political formation that, at least, openly challenges or campaigns against the relevance of federalism. The nature of the debate has shifted from the relevance of federalism per se to the nature and character of the federal arrangement and more specifically to the ethnic-based nature of the current arrangement that is blamed for the exacerbated ethnic divisions, conflictual intergovernmental relations and the rendering of some as second-class citizens in a territory they consider home.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

Religions, 2021

The South African Constitution contains an extensive list of rights, several of which are relevan... more The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. This article examines the extent to which these protections are utilized by individuals and courts and explores the interplay between these various sources of protection that religious minority groups and their members can rely on. It will examine the courts’ case law on freedom of religion to determine whether the courts have relied on one or all of the rights offered by the Constitution when dealing with claims made by persons belonging to a religious minority group. The reasons for and impacts of the choices that the courts have made will also be investigated. Equally important are the choices made by persons belonging to a religious minority group when approaching courts to vindicate their rights.

International Journal on Minority and Group Rights, 2020

Ethiopia’s ethnic federalism manages the diversity problem by giving ethnic territorial homelands... more Ethiopia’s ethnic federalism manages the diversity problem by giving ethnic territorial homelands to the constituent ethnic groups. This, in ethnically diverse regions, has meant the establishment of ethnically defined local governments. However, as the clear mismatch between available local governments and the number of constituent ethnic communities demonstrate, many are left without a local government of their own – resulting in rife inter-communal tensions. This has also proved to be a fertile ground for competing ethnic nationalisms to flourish and proliferate at sub-regional levels. As a result, some local governments were broken apart after their establishment to arrest ethnic conflicts that followed while others were amalgamated to maintain regional territorial integrity. By using the snnp region as a case study, this article argues that the political atmosphere, propelled by political exigencies, dictates the establishment, breakup, and amalgamation of ethnically defined local governments, while constitutional principles are side-lined.

Constitutionalism, Constitutional Adjudication and Human Rights in Ethiopia , 2020

The Ethiopian federal system is conspicuous for its grant of extensive rights to the country's "n... more The Ethiopian federal system is conspicuous for its grant of extensive rights to the country's "nations, nationalities and peoples" or ethnic groups. Ethnic groups do not only have language rights and cultural rights but also rights to political participation and territorial self-rule. Yet, the entitlement of a group to these rights is contingent on the group being officially recognized as a "nation, nationality, or people". This has spurred a multitude of groups to claim such status and submit distinct identity determination petitions to the responsible state institutions. This chapter presents several such petitions originating from three regional states and examines how they have been handled by the responsible federal and regional institutions. The research finds that the federal and regional governments' response is based on political expediency rather than clear and consistent criteria. This may incentivize groups to deviate from the legal path and hence be a catalyst for ethnic tensions and conflicts.

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2019

Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – ... more Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also provides for a number of individual rights, including the free movement of citizens within the country. In a federal setup where subnational and local boundaries are constructed along ethno- linguistic lines, the mobility of individuals presents both opportunities and challenges. While the free movement of citizens provides unique opportunities including fighting stereotypes, facilitating inter-cultural exchange, and reinforcing cultural bonds, it has also the potential to create tension with members of the host community that perceive mobility of individuals as a threat against their constitutionally recognized self-rule rights. This paper examines how the Ethiopian federal setup, without adequate legal framework, is struggling to address these competing demands and, as a result, has probably undermined both citizenship and ethnic rights.

Federalism and National Diversity in the 21st Century, 2020

This chapter discusses a ‘tension’ between internal migration and the self-rule rights of ethnic ... more This chapter discusses a ‘tension’ between internal migration and the self-rule rights of ethnic communities in Ethiopia. Making ethnicity the basis for the political and administrative organisation of the Ethiopian federation has set the stage for the emergence of tacit group-differentiated rights that are coming into conflict with the protection of the individual rights of internal migrants. This chapter argues, in turn, that differentiated citizenship is necessary but insufficient to deal with the increasingly complex dynamics of ethnic diversity within the context of multiethnic (and multinational) federations; the enshrinement of rights in these settings must ensure that the empowerment of ethnic communities does not unreasonably restrict the rights of individuals who are not members of the community.

The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitu... more The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitutional, institutional, and political practice. Yet, this has not been able to contain new questions of identity, not only seeking for recognition as a distinct ethnic group, but also a desire to establish ethnic territorial administrations. Moreover, ethnic groups that are already recognized are also laying claims to various self-determination rights, inter alia, to territorial autonomy, equitable participation, and the redrawing of internal (ethnic) boundaries. Based on legal analysis of cases from the SNNP region, the article critically discusses the quest for identity and self-determination, and provides an overview of the experience of the region. In dealing with the existing dilemma, we argue that there is a need to maintain the balance between constitutional rights to identity recognition and self-determination with the threat of ethnic and territorial fragmentations.

Ethiopian Journal of Federal Studies, 2019

This article investigates the structure and practical operation of Hawassa City's government inst... more This article investigates the structure and practical operation of Hawassa City's government institutions using universally accepted yardsticks of good governance as an analytical framework. The analysis of the relevant regional laws has been complemented by fieldwork conducted in the city. The research reveals that Hawassa City has been legally endowed with important powers and responsibilities, the autonomous exercise of which, guided by the principles of good governance, should bring about all-round societal development. Yet the research also finds that the quality of governance in the city is negatively affected by a number of factors, one of which is the dominance of the Sidama people in city government institutions. Another important factor is the lack of effective mechanisms of checks and balances, both at horizontal (intra-city) and vertical (city-regional government) level. The research finds that inadequacies in the legal framework, along with aspects of the city's political context, have contributed to this situation. Hence, the study's main recommendations highlight the need for better management of the city's ethnic diversity as well as for strengthening and clarifying horizontal and vertical mechanisms of checks and balance.

After daringly adopting federalism based on ethnicity, Ethiopia has, since 1991, been empowering ... more After daringly adopting federalism based on ethnicity, Ethiopia has, since 1991, been empowering minority communities within ethnically designated territories. With the clear advantages of territorial solutions, the management of extreme ethnic pluralities through territorial approaches alone has proved a daunting task. Complementing territorial autonomy, the region of Benishangul Gumuz has opted to inculcate elements of non-territorial features in order to manage its regional diversity. This paper investigates the pros and cons of these measures and what it means for a federal arrangement that heavily relies on the matching of ethnicity with territory. It concludes that, even though non-territorial measures being undertaken are steps in the right direction, their full-fledged implementation has severely been curtailed by legal inadequacies and the political practice.

Mizan Law Review, 2018

Although the Ethiopian federal dispensation legitimizes political participation based on ethnic i... more Although the Ethiopian federal dispensation legitimizes political participation based on ethnic identity, the arrangement, both through design and political practice, has led to the skewed representation of ethnic groups. The article examines these challenges and argues that in addition to the existing electoral system, difficulties pertaining to the holding of free and fair elections, ethnic voting, the role of political parties and majoritarian decision-making procedures have severely undermined the effective political participation of ethnic communities. Moreover, the manner in which electoral constituencies are formed largely benefit the politically and numerically dominant ethnic group thereby undermining the representation of ethnic minorities. Yet, in some cases, notwithstanding the existence of ethnic groups with numerical ascendancy within an electoral constituency, the political practice ensures that a „favored‟ ethnic group, despite being a numerical minority, is made the political majority. In the veil of these obstacles, it is contended that a mere change in the electoral system alone, without due consideration to the aforementioned factors, cannot bring a full-fledged solution to the underlying problems the political system is facing.

The practice of federalism in Ethiopia, which is exclusively dependent on the idea of granting te... more The practice of federalism in Ethiopia, which is exclusively dependent on the idea of granting territorial autonomy to select ethnolinguistic groups, has now prevailed a little over two decades. As has been witnessed over the years, this approach to devolving autonomy risks excluding minorities in the country's subnational units from adequate representation and from having the decision-making powers required to promote their particular needs. Despite the clear advantages of granting territorial autonomy to territorially concentrated and homogenous groups found within a certain geographical unit, in countries like Ethio-pia-where subnational heterogeneity surpasses homogeneity-such an approach should not be relied on as the only method for fostering ethnolinguistic diversity. This article argues that non-territorial arrangements, like cultural autonomy and "consocia-tionalism," should be utilized in addition to other legal, institutional and cultural processes for sharing power in Ethiopian sub-national units.

Mizan Law Review, 2014

Broad representation of different ethnic groups has implications in stability and the quality of ... more Broad representation of different ethnic groups has implications in stability and the quality of democracy. The right to political participation is largely realized through the electoral system of a country. The choice among electoral systems should thus take various factors into account including the need for securing equitable representation, including minority groups. It is argued that the ‘first past the post’ system embodied in Ethiopia’s electoral law denies national and regional minorities equitable and adequate share of political power in the respective federal and regional councils. Hence, taking into consideration Ethiopia’s long history of competing ethnic nationalisms and lack of consensus, there is the need for securing adequate representation proportional to the numerical presence of minorities in constituencies in lieu of stubborn adherence solely to the majoritarian plurality system.

After the implementation of the post 1991 EPRDF government's program of ethnic re-gionalism, loca... more After the implementation of the post 1991 EPRDF government's program of ethnic re-gionalism, local ethnic rivalries have intensified among indigenous nationalities and non-indigenous communities of Benishangul Gumuz. The quest for regional autonomy of the indigenous nationalities, especially, to profess their need of self-rule, did not resonate very well with the political representation rights of the non-indigenous communities. In this regard, the paper argues that the problem is mainly attributable to the fact that the Constitutional guarantees provided under the FDRE Constitution have not been seriously and positively implemented to bring about a balanced political empowerment. Making the matter even worse, the regional state's Constitution placement of a Constitutional guarantee by which the indigenous nationalities are considered to be the 'owners' of the regional state coupled with an exclusionary political practice, relegating others to a second-class citizenship, has undermined the notion of " unity in diversity " in the region. Thus, striking a delicate balance between the ambitions of the indigenous nationalities regional autonomy on the one hand and extending adequate share of the regions political power to the non-indigenous communities on the other is a prerequisite for a balanced political empowerment.

A system of democracy built on ethnicity, if it intends for the effective political participation... more A system of democracy built on ethnicity, if it intends for the effective political participation of all ethnic groups, should accommodate minority groups on the basis that they have meaningful in uence, at least, on matters affecting their interests. Particularly when ethnicity is the only means of ascribing to political power; the need for securing equitable representation of all ethnic groups becomes indispensable. Ethiopia’s long history of competing ethnic nationalisms and lack of consensus reveals that, the contending ethno-cultural groups at best require the safeguarding of effective representation in areas of public life that are of particular interest to them. Despite this, the current federal arrangement -even though with its recognizable breakthroughs from the past- has failed to accommodate different ethnic groups on the basis, which is adequate and effective. Such is visible in various aspect of public life, but is most pronouncedly observable in the demand for meaningful representation and decision-making powers by ethnic minority groups both at federal and regional legislative bodies. This paper therefore argues for a beyond majoritarian rule of power-sharing so as to ensure the effective political participation of ethnic minorities.

Review of judgments in civil litigation offers litigants a chance to have their cases re-examine... more Review of judgments in civil litigation offers litigants a chance to have their
cases re-examined either by the court of rendition or by a court found at a higher
hierarchy than the court which rendered the judgment first hand. This
undertaking tries to strike a delicate balance between the search for truth and
the need to bring litigation to an end. In engaging in any kind of interpretation
concerning review of judgments, courts are required to balance these competing
interests. This article is a critical examination of the law on review of judgments
against the various interpretations of the Cassation Division. Although the
Cassation Division offers a novel approach in its efforts to bring consistency to
our legal system, it has however overstepped its authority from a law
interpreting organ to one of a law-making body in the binding interpretation it
gave on review of judgments based on newly discovered evidence

Minority issues in Africa have surfaced in various dimensions affecting the socio-political land... more Minority issues in Africa have surfaced in various dimensions affecting the socio-political landscape of the continent. The protection of minorities is without doubt crucial to securing sustainable peace, economic development as well as protection and enforcement of human rights. Even though domestic mechanisms of accommodating ethnic diversity play a decisive role in the protection of minorities, the African human rights regime is also important in the protection of minorities. The African Bill of Rights embodies numerous innovative provisions which can lend support to the various minorities in Africa. The ground-breaking decisions by the African Commission also add to the existing normative discourse on minorities, especially, those dealing with peoples' rights. However, there is still much to be desired for in extending normative and jurisprudential exercises to reach out to minority issues of all sorts.

Journal of Ethiopian Law, 2013

For an in depth discussion of such rights See, Muradu Abdo, The Subject Matter of Property Rights... more For an in depth discussion of such rights See, Muradu Abdo, The Subject Matter of Property Rights, supra note 2, p. 121.

The Quest for the Realization of Human Rights in Ethiopia , 2022

ETHIOPIAN CONSTITUTIONAL AND PUBLIC LAW SERIES, 2020

The School of Law of Addis Ababa University and the funder of this volume cannot be responsible f... more The School of Law of Addis Ababa University and the funder of this volume cannot be responsible for any factual or legal errors or omissions in this volume. Opinions expressed herein are those of the author(s) of the respective contributions and do not necessarily represent the views of the School of Law or the funder of this publication. iii ACKNOWLEDGEMENT Ethiopian Constitutional and Public Law Series Volume XI is published with a generous financial assistance from Hanns Seidel Foundation-Nairobi. The School of Law of Addis Ababa University extends its deepest gratitude to Hanns Seidel Foundation-Nairobi for helping with the publication of this Volume by providing financial assistance covering the costs associated with organization of conference, honorarium for panelists, editors, and the cost of printing.

The Oxford Compendium of National Legal Responses to Covid-19, 2021

The Constitution of the Federal Democratic Republic of Ethiopia (FDRE), 1 which was promulgated i... more The Constitution of the Federal Democratic Republic of Ethiopia (FDRE), 1 which was promulgated in 1995, is the supreme law of the country which, among other things, defines the Ethiopian state and government structures. 2 It organized Ethiopia, a formerly unitary state, into a federation. 3 The Ethiopian federation is composed of a federal government and 10 states, and one constitutionally recognised self-governing city (Addis Ababa). 4 The states are Afar, Amhara, Benishangul-Gumuz, Gambella, Harari, Oromia, Southern Nations, Nationalities and Peoples (SNNP), Somali, Tigray, and Sidama. Dire Dawa, another selfgoverning federal city, does not have constitutional recognition. Ethiopia is a parliamentary system under which the Prime Minister is appointed by the lower house of parliament. 5 2. The federal system is one that aims to accommodate the ethnic diversity of the Ethiopian people. The subnational units of the federation, save for the two federal cities, are structured along ethnic lines. 6 Addis Ababa and Dire Dawa, the two largest and multi-ethnic cities, are under the jurisdiction of the federal government. Local government, not constitutionally recognised as a level of government, is within the exclusive competencies of the states. 7 The states have created different local government institutions, including woredas (rural district) and city administration (urban local government). Multi-ethnic states, such as Amhara and SNNP, have also established ethnic local governments-special zone and special woredas-to accommodate territorially structured intra-state ethnic minorities. 3. The Federal Government has a bi-cameral Parliament-the House of Peoples' Representatives (HPR) and the House of Federation (HoF). 8 The HPR, the lower house, is composed of elected representatives and exercises legislative powers on federal matters. Composed of indirectly elected representatives from the ethnic communities of the country, the HoF, the upper house, exercises non-legislative power, such as resolving constitutional disputes, addressing claims of ethnic identity, and ordering federal intervention into states when a situation calls for it. 9 A Council of Ministers (CoM), headed by a Prime Minister, who is elected by and from among members of the HPR, exercises the highest executive powers at the federal level. 10 4. Each of the 10 states have a unicameral state council-except for the SNNP and Harari which have bicameral state councils. Elected state legislatures exercise legislative powers over state matters. 11 The highest executive authority at the state level lies with the Chief Administrator-also sometimes referred to as a state president-who presides over the state cabinet. 12 5. Ethiopia has a dual federal system and, therefore, each level of government has its own judiciary that resolves cases based on laws that the legislative organ of the relevant level of government has passed. The courts at each level are structured as a first instance court, a high court, and a supreme court. The Federal Supreme Court (FSC) is established for the whole country. Federal first instance and high courts are however established only in some areas, such as Addis Ababa and Dire Dawa, even though parliament can establish these in any of the states with a resolution passed with a two-thirds majority vote. 13 In the states

Constitutionalism, Constitutional Adjudication and Human Rights in Ethiopia , 2020

The Ethiopian federal system is conspicuous for its grant of extensive rights to the country's "n... more The Ethiopian federal system is conspicuous for its grant of extensive rights to the country's "nations, nationalities and peoples" or ethnic groups. Ethnic groups do not only have language rights and cultural rights but also rights to political participation and territorial self-rule. Yet, the entitlement of a group to these rights is contingent on the group being officially recognized as a "nation, nationality or people". This has spurred a multitude of groups to claim such status and submit distinct identity determination petitions to the responsible state institutions. This chapter presents several such petitions originating from three regional states and examines how they have been handled by the responsible federal and regional institutions. The research finds that the federal and regional governments' response is based on political expediency rather than clear and consistent criteria. This may incentivize groups to deviate from the legal path and hence be a catalyst for ethnic tensions and conflict.

Ethiopia is a multi-ethnic, multi-linguistic and multi-cultural country with diverse ethnic, ling... more Ethiopia is a multi-ethnic, multi-linguistic and multi-cultural country with diverse ethnic, linguistic and religious groups. In this sense, the country can appropriately be described as a mosaic of different cultures and ethno-linguistic groups, although this was not legally and politically recognized until recently. The 1995 Ethiopian Constitution expressly recognizes the ethnic diversity of the population. This was initiated in 1991 under the Transitional Charter of Ethiopia, 1 and it was a departure from the unitary state paradigm in nation-state building policies of former regimes. The Ethiopian government now accepts the notion of ethnic diversity and aspires to build the nation by using ethnicity as a starting point. This approach was further institutionalized in the current Federal Democratic Republic of Ethiopia (FDRE) Constitution. 2 The various units of the Federation, i.e. the regional states are carved out along ethno-linguistic lines. As a result, some writers regard Ethiopia's federation as an 'ethnic Federation'. 3 One of the consequences of the definition of the federation on the basis of ethnicity is the creation of regional states dominated by particular ethnic groups. The creation of such ethnic based regional states holds serious dangers for the position of ethnic minority groups; groups which differ from the regionally dominant ethnic majority. The danger exists that the members of the regionally dominant ethnic group which consider the region as their exclusive dominion threaten both the universal and group specific rights of ethnic minorities within the region. This would not have been a

After daringly adopting federalism based on ethnicity, Ethiopia has, since 1991, been empowering ... more After daringly adopting federalism based on ethnicity, Ethiopia has, since 1991, been empowering minority communities within ethnically designated territories. With the clear advantages of territorial solutions, the management of extreme ethnic pluralities through territorial approaches alone has proved a daunting task. Complementing territorial autonomy, the region of Benishangul Gumuz has opted to inculcate elements of non-territorial features in order to manage its regional diversity. This paper investigates the pros and cons of these measures and what it means for a federal arrangement that heavily relies on the matching of ethnicity with territory. It concludes that, even though non-territorial measures being undertaken are steps in the right direction, their full-fledged implementation has severely been curtailed by legal inadequacies and the political practice.

Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – ... more Ethiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also provides for a number of individual rights, including the free movement of citizens within the country. In a federal setup where subnational and local boundaries are constructed along ethno- linguistic lines, the mobility of individuals presents both opportunities and challenges. While the free movement of citizens provides unique opportunities including fighting stereotypes, facilitating inter-cultural exchange, and reinforcing cultural bonds, it has also the potential to create tension with members of the host community that perceive mobility of individuals as a threat against their constitutionally recognized self-rule rights. This paper examines how the Ethiopian federal setup, without adequate legal framework, is struggling to address these competing demands and, as a result, has probably undermined both citizenship and ethnic rights.

After the implementation of the post 1991 EPRDF government’s program of ethnic regionalism, local... more After the implementation of the post 1991 EPRDF government’s program of ethnic regionalism, local ethnic rivalries have intensified among indigenous nationalities and non-indigenous communities of Benishangul Gumuz. The quest for regional autonomy of the indigenous nationalities, especially, to profess their need of self-rule, did not resonate very well with the political representation rights of the non-indigenous communities. In this regard, the paper argues that the problem is mainly attributable to the fact that the Constitutional guarantees provided under the FDRE Constitution have not been seriously and positively implemented to bring about a balanced political empowerment. Making the matter even worse, the regional state’s Constitution placement of a Constitutional guarantee by which the indigenous nationalities are considered to be the ‘owners’ of the regional state coupled with an exclusionary political practice, relegating others to a second-class citizenship, has undermin...

International Journal on Minority and Group Rights, 2020

Ethiopia’s ethnic federalism manages the diversity problem by giving ethnic territorial homelands... more Ethiopia’s ethnic federalism manages the diversity problem by giving ethnic territorial homelands to the constituent ethnic groups. This, in ethnically diverse regions, has meant the establishment of ethnically defined local governments. However, as the clear mismatch between available local governments and the number of constituent ethnic communities demonstrate, many are left without a local government of their own – resulting in rife inter-communal tensions. This has also proved to be a fertile ground for competing ethnic nationalisms to flourish and proliferate at sub-regional levels. As a result, some local governments were broken apart after their establishment to arrest ethnic conflicts that followed while others were amalgamated to maintain regional territorial integrity. By using the snnp region as a case study, this article argues that the political atmosphere, propelled by political exigencies, dictates the establishment, breakup, and amalgamation of ethnically defined lo...

Federalism and National Diversity in the 21st Century, 2020

This chapter discusses a ‘tension’ between internal migration and the self-rule rights of ethnic ... more This chapter discusses a ‘tension’ between internal migration and the self-rule rights of ethnic communities in Ethiopia. Making ethnicity the basis for the political and administrative organisation of the Ethiopian federation has set the stage for the emergence of tacit group-differentiated rights that are coming into conflict with the protection of the individual rights of internal migrants. This chapter argues, in turn, that differentiated citizenship is necessary but insufficient to deal with the increasingly complex dynamics of ethnic diversity within the context of multiethnic (and multinational) federations; the enshrinement of rights in these settings must ensure that the empowerment of ethnic communities does not unreasonably restrict the rights of individuals who are not members of the community.

Mizan Law Review, 2020

The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitu... more The rich ethnic diversity in the SNNP region is being managed by different mechanisms of constitutional, institutional, and political practice. Yet, this has not been able to contain new questions of identity, not only seeking for recognition as a distinct ethnic group, but also a desire to establish ethnic territorial administrations. Moreover, ethnic groups that are already recognized are also laying claims to various self-determination rights, inter alia, to territorial autonomy, equitable participation, and the redrawing of internal (ethnic) boundaries. Based on legal analysis of cases from the SNNP region, the article critically discusses the quest for identity and self-determination, and provides an overview of the experience of the region. In dealing with the existing dilemma, we argue that there is a need to maintain the balance between constitutional rights to identity recognition and self-determination with the threat of ethnic and territorial fragmentations.

Mizan Law Review, 2018

Although the Ethiopian federal dispensation legitimizes political participation based on ethnic i... more Although the Ethiopian federal dispensation legitimizes political participation based on ethnic identity, the arrangement, both through design and political practice, has led to the skewed representation of ethnic groups. The article examines these challenges and argues that in addition to the existing electoral system, difficulties pertaining to the holding of free and fair elections, ethnic voting, the role of political parties and majoritarian decision-making procedures have severely undermined the effective political participation of ethnic communities. Moreover, the manner in which electoral constituencies are formed largely benefit the politically and numerically dominant ethnic group thereby undermining the representation of ethnic minorities. Yet, in some cases, notwithstanding the existence of ethnic groups with numerical ascendancy within an electoral constituency, the political practice ensures that a "favored" ethnic group, despite being a numerical minority, is made the political majority. In the veil of these obstacles, it is contended that a mere change in the electoral system alone, without due consideration to the aforementioned factors, cannot bring a full-fledged solution to the underlying problems the political system is facing.

Mizan Law Review, 2015

Minority issues in Africa have surfaced in various dimensions affecting the socio-political lands... more Minority issues in Africa have surfaced in various dimensions affecting the socio-political landscape of the continent. The protection of minorities is without doubt crucial to securing sustainable peace, economic development as well as protection and enforcement of human rights. Even though domestic mechanisms of accommodating ethnic diversity play a decisive role in the protection of minorities, the African human rights regime is also important in the protection of minorities. The African Bill of Rights embodies numerous innovative provisions which can lend support to the various minorities in Africa. The groundbreaking decisions by the African Commission also add to the existing normative discourse on minorities, especially, those dealing with peoples' rights. However, there is still much to be desired for in extending normative and jurisprudential exercises to reach out to minority issues of all sorts.

Religions

The South African Constitution contains an extensive list of rights, several of which are relevan... more The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. This article examines the extent to which these protections are utilized by individuals and courts and explores the interplay between these various sources of protection that religious minority groups and their members can rely on. It will examine the courts’ case law on freedom of religion to determine whether the courts have relied on one or all of the rights offered by the Constitution when dealing with claims made by persons belonging to a religious minority group. The reasons for and impacts of the choices that the courts have made will also be investigated. Equally important are the choices made by persons belonging to a religious minority group when approaching courts to vindicate their rights.