solomon gutema | Wollega University (original) (raw)

Papers by solomon gutema

Jimma University Journal of Law, Journal of Law, 2022

The objective of this Article is to evaluate whether or not the tenets of rule law in classical G... more The objective of this Article is to evaluate whether or not the tenets of rule law in classical Gadaa democracy can be utilized in the present Ethiopian multinational federation. Across the world, rule of law has been recognized as a symbol of good governance; and the antithesis of arbitrary rule in modern democracies. Many constitutions in the present world incorporate the elements of rule of law either directly or indirectly in their contents. The 1995 FDRE Constitution has recognized rule of law as a stepping-stone to building a political community to ensure lasting peace, guaranteeing a democratic order, and advancing economic and social development. Nevertheless, the elements of rule of law have transplanted from the western democracies in Ethiopia in particular and in Africa in general. But this Article has put its emphasis on exploring the compatibilities of the tenets of rule of law in the classical Gadaa democracy with the modern principles of rule of law and constitutionalism. Additionally, it has analyzed the extent to which the Gadaa brand of rule of law is consistent with the present multinational federal-based state structure in Ethiopia and beyond. The findings of this Article have pointed out that the principles of rule of law embedded in the classical Gadaa democracy are compatible with the modern principles of rule of law.

Jimma University Journal of Law, Volume14, 2022

The objective of this Article is to evaluate whether or not the tenets of rule law in classical G... more The objective of this Article is to evaluate whether or not the tenets of rule law in classical Gadaa democracy can be utilized in the present Ethiopian multinational federation. Across the world, rule of law has been recognized as a symbol of good governance; and the antithesis of arbitrary rule in modern democracies. Many constitutions in the present world incorporate the elements of rule of law either directly or indirectly in their contents. The 1995 FDRE Constitution has recognized rule of law as a stepping-stone to building a political community to ensure lasting peace, guaranteeing a democratic order, and advancing economic and social development. Nevertheless, the elements of rule of law have transplanted from the western democracies in Ethiopia in particular and in Africa in general. But this Article has put its emphasis on exploring the compatibilities of the tenets of rule of law in the classical Gadaa democracy with the modern principles of rule of law and constitutionalism. Additionally, it has analyzed the extent to which the Gadaa brand of rule of law is consistent with the present multinational federal-based state structure in Ethiopia and beyond. The findings of this Article have pointed out that the principles of rule of law embedded in the classical Gadaa democracy are compatible with the modern principles of rule of law.

International Journal of Law, Justice and Jurisprudence, 2021

Oromia Law Journal, 2021

For continuity of states, some constitutions have eternal clauses, which are immune from amendmen... more For continuity of states, some constitutions have eternal clauses, which are immune from amendments forever. However, the concept of eternity has never been recognized in any of Ethiopian constitutions despite long history of constitution-making processes. Ethiopians have been tackling to establish a viable, constitutional, and democratic government through making and remaking many constitutions in their political history. Among the constitutional reforms in Ethiopia are the 1931 and 1955 Monarchical Constitutions, the 1987 Socialist Oriented Constitution and the 1995 Federal Oriented Constitution. The chief challenge in the Ethiopian constitutional and democratic reforms is that the previous reforms have never been utilized as steppingstones for the new reforms. To this date, Ethiopians have neither developed their common constitutional culture nor recognized the eternal clauses on important political and constitutional matters. There is no consensus on the issue of national identity, state structure, the form of government, language policy, regional state formation and others. Currently, Ethiopia has also been facing multiple challenges, including ethnic tensions, sporadic border conflicts, massive internal displacement, drought, poverty, and gross human rights violations. For this reason, this Article argues that Ethiopia must introduce 'eternal constitutional clauses' on issues of common national interests.

Journal of African Studies, 2020

Constitution and government are the different faces of the same coin in any political ideology; s... more Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to re-examine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, th...

Sociology and Anthropology, 2017

Gadaa system is a well comprehensively guided, crafted and nurtured system of traditional adminis... more Gadaa system is a well comprehensively guided, crafted and nurtured system of traditional administration under the unbelievable wisdom of the ancient Oromo people in the horn of Africa. It is difficult to recall exactly when and where Gadaa system had started. However, it is determined beyond any reasonable doubt that the Oromo people have been utilizing Gadaa system as a traditional mechanism to ensure social justice for centuries. It is possible to consider Gadaa system as an unwritten form of the nation's covenant or constitution in modern sense. It is developed and evolved from the cumulative experiences gained from experiments, practices, customs, and lessons of many generations of the Oromo society in a very long period. Accordingly, Gadaa system is extremely broad and comprises of all aspects life like religion, Politics and culture of the Oromo people. Nevertheless, this paper puts its emphasis on exploring the prevailing prospects and challenges in harnessing Gadaa system as constitutional administration in modern democratic governance. Hence, to achieve its goal, the researcher employs qualitative method which includes reviewing the existing and relevant literatures, assessing legal documents like FDRE Constitution of 1995, and evaluating the Gadaa tradition in comparison with the modern principles of Constitutional administration. Therefore, the findings of this research claim that Gadaa system is a covenant for the Oromo people. Since all Oromo, in all age groups will give their consent to select or elect their representatives/leaders. Since the people puts limitations on the powers of elected representatives through the principles of Gadaa administration and furthermore, as the nation have Gadaa system as guarantees to make their leaders accountable and transparent both legally and politically in their day to day official decisions. For this reason, the researcher recommended that all the concerned party in general and all the Oromo scholars and peoples in particular must strive a lot in harnessing the principles of Gadaa system in their modern administration at national and international level.

From 1991 onwards federalism has been introduced as the best option of governance to ensure const... more From 1991 onwards federalism has been introduced as the best option of governance to ensure constitutionalism and democracy in Ethiopia in particular and in the Horn of Africa in general for the first time in history. Despite this fact, currently there are numerous political parties, Liberation Fronts, and governments, basing their political questions on quest for federation, unification, and secession (Independence) in Ethiopia. As a result of these divergent political questions; ethnic conflicts, interstate and intra-state conflicts, rampant corruptions, and poverty are still remained as a brand of Ethiopia in particular and in the Horn of Africa in general. Consequently, the Horn of Africa, in which Ethiopia is considered as the center is globally known as a center of crisis. Accordingly, Ethiopia has been suffering from the prevailing contending political ideologies, legal, and practical problems; though she has been introducing and practicing multicultural federalism as her state structure since 1991. Hence, this research has the objective of analyzing the prevailing legal and political challenges against the present-day Ethiopian multicultural federalism. Consequently, as its research methodology; this research has employed: critical legal and political analyses, historical interpretations of multicultural federalism in Ethiopia and beyond, document analyses, observation and personal experiences of the researcher. Therefore, it has utilized a qualitative research method. Consequently, the findings of this research has pointed out that there is a legal, political, and practical problems in order to ensure genuine multicultural federalism in the present-day Ethiopia.

are good examples of constitutional interpretation. 130 Yonatan Tesfaye, explored that constituti... more are good examples of constitutional interpretation. 130 Yonatan Tesfaye, explored that constitutional dispute in the context of the FDRE Constitution has two aspects; ‘‘one is the general task of interpreting the Constitution with a view to ascertain the meaning, content and scope of a constitutional provisions based on Article 84(1) while the 128 Assefa Fisseha cited above at note 37, p. 390. 129 Ibid. 130 Ibid.

International Journal of Civil Law and Legal Research, 2021

In Ethiopian political history, the democratic constitution was enacted in 1995 for the first tim... more In Ethiopian political history, the democratic constitution was enacted in 1995 for the first time following the paradigm shift in the political ideology from unitary to federalism. The enactment of the 1995 FDRE Constitution opened a new era in political, social, economic and cultural aspects of the nations, nationalities and peoples of Ethiopia. It guarantees the right to sustainable development in all sectors including political, economic, social, and cultural aspects. To ensure the right to sustainable development the same constitution imposed a constitutional duty on three wings of government organs both at the federal and regional levels. Hence, the objective of this research is to evaluate the extent to which life insurance is harnessed by the Ethiopian government in promoting sustainable development. In addition to this, it explores the possible prospects and challenges in utilizing life insurance for ensuring sustainable development under the federalist Ethiopian legal system. Therefore, to achieve, its purpose this research uses secondary data sources which includes government policies and laws in the area of life insurance. So, it is doctrinal research which employs qualitative research methodology. The research findings showed that there is a legal and practical problem both on the sides of the government and the people in harnessing life insurance for strengthening sustainable development in the Ethiopian federation. In conclusion guaranteeing human rights do not hold water without ensuring the right to health and thereby the right to life. Ensuring the right to health is hardly possible without guaranteeing the right to have life insurance. Consequently, ensuring sustainable development is very difficult without guaranteeing and practicing the right to have life insurance.

Oromia Law Journal, 2021

For continuity of states, some constitutions have eternal clauses, which are immune from amendmen... more For continuity of states, some constitutions have eternal clauses, which are immune from amendments forever. However, the concept of eternity has never been recognized in any of Ethiopian constitutions despite long history of constitution-making processes. Ethiopians have been tackling to establish a viable, constitutional, and democratic government through making and remaking many constitutions in their political history. Among the constitutional reforms in Ethiopia are the 1931 and 1955 Monarchical Constitutions, the 1987 Socialist Oriented Constitution and the 1995 Federal Oriented Constitution. The chief challenge in the Ethiopian constitutional and democratic reforms is that the previous reforms have never been utilized as steppingstones for the new reforms. To this date, Ethiopians have neither developed their common constitutional culture nor recognized the eternal clauses on important political and constitutional matters. There is no consensus on the issue of national identity, state structure, the form of government, language policy, regional state formation and others. Currently, Ethiopia has also been facing multiple challenges, including ethnic tensions, sporadic border conflicts, massive internal displacement, drought, poverty, and gross human rights violations. For this reason, this Article argues that Ethiopia must introduce 'eternal constitutional clauses' on issues of common national interests.

Journal of Law, Policy and Globalization, 2021

From 1991 onwards federalism has been introduced as the best option of governance to ensure const... more From 1991 onwards federalism has been introduced as the best option of governance to ensure constitutionalism and democracy in Ethiopia in particular and in the Horn of Africa in general for the first time in history. Despite this fact, currently there are numerous political parties, Liberation Fronts, and governments, basing their political questions on quest for federation, unification, and secession (Independence) in Ethiopia. As a result of these divergent political questions; ethnic conflicts, interstate and intra-state conflicts, rampant corruptions, and poverty are still remained as a brand of Ethiopia in particular and in the Horn of Africa in general. Consequently, the Horn of Africa, in which Ethiopia is considered as the center is globally known as a center of crisis. Accordingly, Ethiopia has been suffering from the prevailing contending political ideologies, legal, and practical problems; though she has been introducing and practicing multicultural federalism as her state structure since 1991. Hence, this research has the objective of analyzing the prevailing legal and political challenges against the present-day Ethiopian multicultural federalism. Consequently, as its research methodology; this research has employed: critical legal and political analyses, historical interpretations of multicultural federalism in Ethiopia and beyond, document analyses, observation and personal experiences of the researcher. Therefore, it has utilized a qualitative research method. Consequently, the findings of this research has pointed out that there is a legal, political, and practical problems in order to ensure genuine multicultural federalism in the present-day Ethiopia.

From 1991 onwards federalism has been introduced as the best option of governance to ensure const... more From 1991 onwards federalism has been introduced as the best option of governance to ensure constitutionalism and democracy in Ethiopia in particular and in the Horn of Africa in general for the first time in history. Despite this fact, currently there are numerous political parties, Liberation Fronts, and governments, basing their political questions on quest for federation, unification, and secession (Independence) in Ethiopia. As a result of these divergent political questions; ethnic conflicts, interstate and intra-state conflicts, rampant corruptions, and poverty are still remained as a brand of Ethiopia in particular and in the Horn of Africa in general. Consequently, the Horn of Africa, in which Ethiopia is considered as the center is globally known as a center of crisis. Accordingly, Ethiopia has been suffering from the prevailing contending political ideologies, legal, and practical problems; though she has been introducing and practicing multicultural federalism as her state structure since 1991. Hence, this research has the objective of analyzing the prevailing legal and political challenges against the present-day Ethiopian multicultural federalism. Consequently, as its research methodology; this research has employed: critical legal and political analyses, historical interpretations of multicultural federalism in Ethiopia and beyond, document analyses, observation and personal experiences of the researcher. Therefore, it has utilized a qualitative research method. Consequently, the findings of this research has pointed out that there is a legal, political, and practical problems in order to ensure genuine multicultural federalism in the present-day Ethiopia.

Full Length Research Paper , 2020

Constitution and government are the different faces of the same coin in any political ideology; s... more Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to reexamine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, this study has employed a qualitative methodology which includes a review of related literature, and analyses of legal documents. The findings of this study have pointed out that in the Gadaa Republic of the Oromo, the sovereign political power vests in the hands of the people, and the rule of law is well respected in the Gadaa Republic of the Oromo people. Consequently, the principles of constitutionalism are well recognized in the Gadaa Republic. Hence, this paper has recommended that it is better to mold these Gadaa oriented principles to the status of the modern constitutional principles in Ethiopia.

Constitution and government are the different faces of the same coin in any political ideology; s... more Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to re-examine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, this study has employed a qualitative methodology which includes a review of related literature, and analyses of legal documents. The findings of this study have pointed out that in the Gadaa Republic of the Oromo, the sovereign political power vests in the hands of the people, and the rule of law is well respected in the Gadaa Republic of the Oromo people. Consequently, the principles of constitutionalism are well recognized in the Gadaa Republic. Hence, this paper has recommended that it is better to mold these Gadaa oriented principles to the status of the modern constitutional principles in Ethiopia.

SSRN Electronic Journal, 2000

From history and practice some nations acted as the oppressors and others were the oppressed. Som... more From history and practice some nations acted as the oppressors and others were the oppressed. Some cultures, languages and religions have got recognition from the state and developed while other cultures, languages and religions have degraded and under developed. Ethiopia is not out of this fact. Amhara's hegemony in culture, language and religion is still prevailing in Ethiopia. After disastrous civil wars were fought for many years between the central government and various ethno-liberation fronts, federal system was introduced in Ethiopia under its 1995 FDRE Constitution. Pursuant to the 1995 FDRE Constitution, right to self-determination is recognized as a constitutive principle. Hence the Nations, Nationalities and Peoples of Ethiopia used the right to self determination including secession as their guarantee not to be subjected to the violation of their human and democratic rights again. To approve this covenant, right to self-determination is recognized as the best mechanism to check historical unjust relationship among the Nations, Nationalities and Peoples of Ethiopia (FDRE Constitution, Preamble and Article 39). Accordingly the main objective of this study is to determine the scope of the right to self-determination, the beneficiaries, duty bearer, and addressee of the right to self-determination under the FDRE Constitution. In addition to this, the study is emphasis on the extent to which the right to self-determination is exercisable now days in Ethiopia. Furthermore, it tries to explore the legal and practical constraints to enforce the right to self-determination under the 1995 FDRE Constitution. But it is too difficult to cover all the contents of right to self-determination under this short term paper. For this reason, this study covers only some part of right to self-determination under the FDRE Constitution granted as per its Article 39. It deals only with the issue of secession, linguistic rights and the right to self-government pursuant to Article 39(1-3) of this constitution. In conclusion the right to self-determination is constrained both legally and practically though it is allowed unconditionally under the 1995 FDRE Constitution.

Gadaa system is a well comprehensively

Gadaa system is a well comprehensively

Drafts by solomon gutema

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Seenaan uumama biyyoota fi mootummoota addunyaa kana irra jiran yoo ilaalle; biyyoonni addunyaa k... more Seenaan uumama biyyoota fi mootummoota addunyaa kana irra jiran yoo ilaalle; biyyoonni addunyaa kana irra jiran martinuu kan uumaman karaa adda addaan akka ta’e ni beekama. Haalawwan biyyoonni addunyaa kana irra jiran hundinuu itti uumaman gabaabumatti bakka saditti qoodnee ilaaluu ni dandeenya. Isaanis humna waraanaan/weeraraan qabachuun [through war and conquest]; haala itti hin yaadaminiin ykn akka carraatti adeemsa keessa biyyi tokko uumamuu ni danda’a [through organic evolution or accidentally]; akkasumas karaa waliigaltee uummattootan [Covenantal form] biyyi tokko uumamuu ni danda’a. Kanaafuu, biyyi tokko haala uumama ishee irratti hundaa’uun heera adda addaa qabaachuu ni dandeessi.
Biyyi humna waraanaan ijaaramte tokko heera diimokiraatawaa fi kan uummata ishee biratti fudhatamaa [legitimate] ta’e tokko qabaachuu hin dandeessu. Heerri biyya akkasii gubbaadhaa kan gadi fe’ame/bu’ee [Hierarchical Constitution] jedhamee waamama. Kana jechuun warri humnaan biyyattii ijaare falaasama fi imaammata isaaniif tolu akka heera mootummaatti qopheessuun uummattoota humnaan bitan sana fi biyya humna waraanan ijaaran sana irratti busuu jechuu dha. Haala kana keessatti sirna diimokiraasii fi mirga namoomaa hojii irra oolchuun hin yaadamu. Fakkeenyaaf, biyyoonni sirna kolonii jala turan, biyyoonni bifa impaayeraan ijaaraman, biyyoonni mootummoota abbaa irreen bulan heera gubbaadhaa uummattoota biyya sana irratti fe’aman qabaachuu ni danda’u. Bay’een biyyoota Afrikaa haala kana keessa akka jiran ni beekama.
Akkasumas, biyyi akka carraatti yookan utuu itti hin yaadamiin ijaaramte immoo heera dimookiratawaa fi fudhatama qabu [legitimate] ta’e qabaachuu ni dandeessi. Kana jechuun, biyyi akkasitti uumamte ta’e jedhamee utuu itti hin yaadamiin sababa adda addaan, fakkeenyaaf, sababa daldalaan, diina waloo of irrraa ittisuuf, diinagdee guddaa ijaaruu fi sababa biroon adeemsa dheeraa keessa walitti dhufeenya uumattoota irraan kan ka’ee biyyi tokko uumamuu ni dandeessi. Fakkeenyaaf biyyi Ingilaand [Greeti Briiteen] haala kanaan uumamte. Heerri biyya akkasii adeemsa dheeraa keessa aadaa fi duudhaalee uummattoota biyya sana keessa jiraatan irraa kan madduu dha. Heerri akkasii kun heera adeemsa dheeraa keessa aadaa fi duudhaa

uummattoota irraa tolfame [Organic Constitution] jedhamee waamama. Heerri haala akkasii keessatti uumame, aadaa fi duudhaa uummattoota biyya sanaa irraa adeemsa keessa waan uumameef fudhatama [legitimacy] ol’aana qabaachuu ni danda’a. Heerri akkasii kun heera hin barreeffamin [Un-written Constitution] jedhamee waamama.
Karaa biroo immoo heerri biyya tokko waliigaltee saboota, sab-lammoota fi uummattoota biyya tokko irra tolfamuu danda’a. Heerri waliigaltee uummattoota biyya tokko keessa jiraataniin tolfamu kun immoo heera waliigaltee uummattoota irratti hunda’e [Covenantal Constitution] jedhamamee waamama. Heerri haala kanaan uumamu biyyoota sirna federaalaan bulan keessatti baay’ee beekamaa dha. Fakkeenyaaf biyyoonni akka Yuunayitid Isteetis, Kanaadaa, Hindii, Naayijeeriyaa, Itoophiyaa fi kan biroon heera haala kanaan tumame ni qabu.
Heerri waliigaltee uummattootan tumamu kun dimookiraatawaa ta’us ta’uu dhabus ni danda’a. Waa’een heera waliigaltee uummattootan tumamuu fi fudhatamummaan inni qabu haala armaan gadiitiin bal’inaan ibsuuf yaaleen jira.

Jimma University Journal of Law, Journal of Law, 2022

The objective of this Article is to evaluate whether or not the tenets of rule law in classical G... more The objective of this Article is to evaluate whether or not the tenets of rule law in classical Gadaa democracy can be utilized in the present Ethiopian multinational federation. Across the world, rule of law has been recognized as a symbol of good governance; and the antithesis of arbitrary rule in modern democracies. Many constitutions in the present world incorporate the elements of rule of law either directly or indirectly in their contents. The 1995 FDRE Constitution has recognized rule of law as a stepping-stone to building a political community to ensure lasting peace, guaranteeing a democratic order, and advancing economic and social development. Nevertheless, the elements of rule of law have transplanted from the western democracies in Ethiopia in particular and in Africa in general. But this Article has put its emphasis on exploring the compatibilities of the tenets of rule of law in the classical Gadaa democracy with the modern principles of rule of law and constitutionalism. Additionally, it has analyzed the extent to which the Gadaa brand of rule of law is consistent with the present multinational federal-based state structure in Ethiopia and beyond. The findings of this Article have pointed out that the principles of rule of law embedded in the classical Gadaa democracy are compatible with the modern principles of rule of law.

Jimma University Journal of Law, Volume14, 2022

The objective of this Article is to evaluate whether or not the tenets of rule law in classical G... more The objective of this Article is to evaluate whether or not the tenets of rule law in classical Gadaa democracy can be utilized in the present Ethiopian multinational federation. Across the world, rule of law has been recognized as a symbol of good governance; and the antithesis of arbitrary rule in modern democracies. Many constitutions in the present world incorporate the elements of rule of law either directly or indirectly in their contents. The 1995 FDRE Constitution has recognized rule of law as a stepping-stone to building a political community to ensure lasting peace, guaranteeing a democratic order, and advancing economic and social development. Nevertheless, the elements of rule of law have transplanted from the western democracies in Ethiopia in particular and in Africa in general. But this Article has put its emphasis on exploring the compatibilities of the tenets of rule of law in the classical Gadaa democracy with the modern principles of rule of law and constitutionalism. Additionally, it has analyzed the extent to which the Gadaa brand of rule of law is consistent with the present multinational federal-based state structure in Ethiopia and beyond. The findings of this Article have pointed out that the principles of rule of law embedded in the classical Gadaa democracy are compatible with the modern principles of rule of law.

International Journal of Law, Justice and Jurisprudence, 2021

Oromia Law Journal, 2021

For continuity of states, some constitutions have eternal clauses, which are immune from amendmen... more For continuity of states, some constitutions have eternal clauses, which are immune from amendments forever. However, the concept of eternity has never been recognized in any of Ethiopian constitutions despite long history of constitution-making processes. Ethiopians have been tackling to establish a viable, constitutional, and democratic government through making and remaking many constitutions in their political history. Among the constitutional reforms in Ethiopia are the 1931 and 1955 Monarchical Constitutions, the 1987 Socialist Oriented Constitution and the 1995 Federal Oriented Constitution. The chief challenge in the Ethiopian constitutional and democratic reforms is that the previous reforms have never been utilized as steppingstones for the new reforms. To this date, Ethiopians have neither developed their common constitutional culture nor recognized the eternal clauses on important political and constitutional matters. There is no consensus on the issue of national identity, state structure, the form of government, language policy, regional state formation and others. Currently, Ethiopia has also been facing multiple challenges, including ethnic tensions, sporadic border conflicts, massive internal displacement, drought, poverty, and gross human rights violations. For this reason, this Article argues that Ethiopia must introduce 'eternal constitutional clauses' on issues of common national interests.

Journal of African Studies, 2020

Constitution and government are the different faces of the same coin in any political ideology; s... more Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to re-examine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, th...

Sociology and Anthropology, 2017

Gadaa system is a well comprehensively guided, crafted and nurtured system of traditional adminis... more Gadaa system is a well comprehensively guided, crafted and nurtured system of traditional administration under the unbelievable wisdom of the ancient Oromo people in the horn of Africa. It is difficult to recall exactly when and where Gadaa system had started. However, it is determined beyond any reasonable doubt that the Oromo people have been utilizing Gadaa system as a traditional mechanism to ensure social justice for centuries. It is possible to consider Gadaa system as an unwritten form of the nation's covenant or constitution in modern sense. It is developed and evolved from the cumulative experiences gained from experiments, practices, customs, and lessons of many generations of the Oromo society in a very long period. Accordingly, Gadaa system is extremely broad and comprises of all aspects life like religion, Politics and culture of the Oromo people. Nevertheless, this paper puts its emphasis on exploring the prevailing prospects and challenges in harnessing Gadaa system as constitutional administration in modern democratic governance. Hence, to achieve its goal, the researcher employs qualitative method which includes reviewing the existing and relevant literatures, assessing legal documents like FDRE Constitution of 1995, and evaluating the Gadaa tradition in comparison with the modern principles of Constitutional administration. Therefore, the findings of this research claim that Gadaa system is a covenant for the Oromo people. Since all Oromo, in all age groups will give their consent to select or elect their representatives/leaders. Since the people puts limitations on the powers of elected representatives through the principles of Gadaa administration and furthermore, as the nation have Gadaa system as guarantees to make their leaders accountable and transparent both legally and politically in their day to day official decisions. For this reason, the researcher recommended that all the concerned party in general and all the Oromo scholars and peoples in particular must strive a lot in harnessing the principles of Gadaa system in their modern administration at national and international level.

From 1991 onwards federalism has been introduced as the best option of governance to ensure const... more From 1991 onwards federalism has been introduced as the best option of governance to ensure constitutionalism and democracy in Ethiopia in particular and in the Horn of Africa in general for the first time in history. Despite this fact, currently there are numerous political parties, Liberation Fronts, and governments, basing their political questions on quest for federation, unification, and secession (Independence) in Ethiopia. As a result of these divergent political questions; ethnic conflicts, interstate and intra-state conflicts, rampant corruptions, and poverty are still remained as a brand of Ethiopia in particular and in the Horn of Africa in general. Consequently, the Horn of Africa, in which Ethiopia is considered as the center is globally known as a center of crisis. Accordingly, Ethiopia has been suffering from the prevailing contending political ideologies, legal, and practical problems; though she has been introducing and practicing multicultural federalism as her state structure since 1991. Hence, this research has the objective of analyzing the prevailing legal and political challenges against the present-day Ethiopian multicultural federalism. Consequently, as its research methodology; this research has employed: critical legal and political analyses, historical interpretations of multicultural federalism in Ethiopia and beyond, document analyses, observation and personal experiences of the researcher. Therefore, it has utilized a qualitative research method. Consequently, the findings of this research has pointed out that there is a legal, political, and practical problems in order to ensure genuine multicultural federalism in the present-day Ethiopia.

are good examples of constitutional interpretation. 130 Yonatan Tesfaye, explored that constituti... more are good examples of constitutional interpretation. 130 Yonatan Tesfaye, explored that constitutional dispute in the context of the FDRE Constitution has two aspects; ‘‘one is the general task of interpreting the Constitution with a view to ascertain the meaning, content and scope of a constitutional provisions based on Article 84(1) while the 128 Assefa Fisseha cited above at note 37, p. 390. 129 Ibid. 130 Ibid.

International Journal of Civil Law and Legal Research, 2021

In Ethiopian political history, the democratic constitution was enacted in 1995 for the first tim... more In Ethiopian political history, the democratic constitution was enacted in 1995 for the first time following the paradigm shift in the political ideology from unitary to federalism. The enactment of the 1995 FDRE Constitution opened a new era in political, social, economic and cultural aspects of the nations, nationalities and peoples of Ethiopia. It guarantees the right to sustainable development in all sectors including political, economic, social, and cultural aspects. To ensure the right to sustainable development the same constitution imposed a constitutional duty on three wings of government organs both at the federal and regional levels. Hence, the objective of this research is to evaluate the extent to which life insurance is harnessed by the Ethiopian government in promoting sustainable development. In addition to this, it explores the possible prospects and challenges in utilizing life insurance for ensuring sustainable development under the federalist Ethiopian legal system. Therefore, to achieve, its purpose this research uses secondary data sources which includes government policies and laws in the area of life insurance. So, it is doctrinal research which employs qualitative research methodology. The research findings showed that there is a legal and practical problem both on the sides of the government and the people in harnessing life insurance for strengthening sustainable development in the Ethiopian federation. In conclusion guaranteeing human rights do not hold water without ensuring the right to health and thereby the right to life. Ensuring the right to health is hardly possible without guaranteeing the right to have life insurance. Consequently, ensuring sustainable development is very difficult without guaranteeing and practicing the right to have life insurance.

Oromia Law Journal, 2021

For continuity of states, some constitutions have eternal clauses, which are immune from amendmen... more For continuity of states, some constitutions have eternal clauses, which are immune from amendments forever. However, the concept of eternity has never been recognized in any of Ethiopian constitutions despite long history of constitution-making processes. Ethiopians have been tackling to establish a viable, constitutional, and democratic government through making and remaking many constitutions in their political history. Among the constitutional reforms in Ethiopia are the 1931 and 1955 Monarchical Constitutions, the 1987 Socialist Oriented Constitution and the 1995 Federal Oriented Constitution. The chief challenge in the Ethiopian constitutional and democratic reforms is that the previous reforms have never been utilized as steppingstones for the new reforms. To this date, Ethiopians have neither developed their common constitutional culture nor recognized the eternal clauses on important political and constitutional matters. There is no consensus on the issue of national identity, state structure, the form of government, language policy, regional state formation and others. Currently, Ethiopia has also been facing multiple challenges, including ethnic tensions, sporadic border conflicts, massive internal displacement, drought, poverty, and gross human rights violations. For this reason, this Article argues that Ethiopia must introduce 'eternal constitutional clauses' on issues of common national interests.

Journal of Law, Policy and Globalization, 2021

From 1991 onwards federalism has been introduced as the best option of governance to ensure const... more From 1991 onwards federalism has been introduced as the best option of governance to ensure constitutionalism and democracy in Ethiopia in particular and in the Horn of Africa in general for the first time in history. Despite this fact, currently there are numerous political parties, Liberation Fronts, and governments, basing their political questions on quest for federation, unification, and secession (Independence) in Ethiopia. As a result of these divergent political questions; ethnic conflicts, interstate and intra-state conflicts, rampant corruptions, and poverty are still remained as a brand of Ethiopia in particular and in the Horn of Africa in general. Consequently, the Horn of Africa, in which Ethiopia is considered as the center is globally known as a center of crisis. Accordingly, Ethiopia has been suffering from the prevailing contending political ideologies, legal, and practical problems; though she has been introducing and practicing multicultural federalism as her state structure since 1991. Hence, this research has the objective of analyzing the prevailing legal and political challenges against the present-day Ethiopian multicultural federalism. Consequently, as its research methodology; this research has employed: critical legal and political analyses, historical interpretations of multicultural federalism in Ethiopia and beyond, document analyses, observation and personal experiences of the researcher. Therefore, it has utilized a qualitative research method. Consequently, the findings of this research has pointed out that there is a legal, political, and practical problems in order to ensure genuine multicultural federalism in the present-day Ethiopia.

From 1991 onwards federalism has been introduced as the best option of governance to ensure const... more From 1991 onwards federalism has been introduced as the best option of governance to ensure constitutionalism and democracy in Ethiopia in particular and in the Horn of Africa in general for the first time in history. Despite this fact, currently there are numerous political parties, Liberation Fronts, and governments, basing their political questions on quest for federation, unification, and secession (Independence) in Ethiopia. As a result of these divergent political questions; ethnic conflicts, interstate and intra-state conflicts, rampant corruptions, and poverty are still remained as a brand of Ethiopia in particular and in the Horn of Africa in general. Consequently, the Horn of Africa, in which Ethiopia is considered as the center is globally known as a center of crisis. Accordingly, Ethiopia has been suffering from the prevailing contending political ideologies, legal, and practical problems; though she has been introducing and practicing multicultural federalism as her state structure since 1991. Hence, this research has the objective of analyzing the prevailing legal and political challenges against the present-day Ethiopian multicultural federalism. Consequently, as its research methodology; this research has employed: critical legal and political analyses, historical interpretations of multicultural federalism in Ethiopia and beyond, document analyses, observation and personal experiences of the researcher. Therefore, it has utilized a qualitative research method. Consequently, the findings of this research has pointed out that there is a legal, political, and practical problems in order to ensure genuine multicultural federalism in the present-day Ethiopia.

Full Length Research Paper , 2020

Constitution and government are the different faces of the same coin in any political ideology; s... more Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to reexamine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, this study has employed a qualitative methodology which includes a review of related literature, and analyses of legal documents. The findings of this study have pointed out that in the Gadaa Republic of the Oromo, the sovereign political power vests in the hands of the people, and the rule of law is well respected in the Gadaa Republic of the Oromo people. Consequently, the principles of constitutionalism are well recognized in the Gadaa Republic. Hence, this paper has recommended that it is better to mold these Gadaa oriented principles to the status of the modern constitutional principles in Ethiopia.

Constitution and government are the different faces of the same coin in any political ideology; s... more Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to re-examine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, this study has employed a qualitative methodology which includes a review of related literature, and analyses of legal documents. The findings of this study have pointed out that in the Gadaa Republic of the Oromo, the sovereign political power vests in the hands of the people, and the rule of law is well respected in the Gadaa Republic of the Oromo people. Consequently, the principles of constitutionalism are well recognized in the Gadaa Republic. Hence, this paper has recommended that it is better to mold these Gadaa oriented principles to the status of the modern constitutional principles in Ethiopia.

SSRN Electronic Journal, 2000

From history and practice some nations acted as the oppressors and others were the oppressed. Som... more From history and practice some nations acted as the oppressors and others were the oppressed. Some cultures, languages and religions have got recognition from the state and developed while other cultures, languages and religions have degraded and under developed. Ethiopia is not out of this fact. Amhara's hegemony in culture, language and religion is still prevailing in Ethiopia. After disastrous civil wars were fought for many years between the central government and various ethno-liberation fronts, federal system was introduced in Ethiopia under its 1995 FDRE Constitution. Pursuant to the 1995 FDRE Constitution, right to self-determination is recognized as a constitutive principle. Hence the Nations, Nationalities and Peoples of Ethiopia used the right to self determination including secession as their guarantee not to be subjected to the violation of their human and democratic rights again. To approve this covenant, right to self-determination is recognized as the best mechanism to check historical unjust relationship among the Nations, Nationalities and Peoples of Ethiopia (FDRE Constitution, Preamble and Article 39). Accordingly the main objective of this study is to determine the scope of the right to self-determination, the beneficiaries, duty bearer, and addressee of the right to self-determination under the FDRE Constitution. In addition to this, the study is emphasis on the extent to which the right to self-determination is exercisable now days in Ethiopia. Furthermore, it tries to explore the legal and practical constraints to enforce the right to self-determination under the 1995 FDRE Constitution. But it is too difficult to cover all the contents of right to self-determination under this short term paper. For this reason, this study covers only some part of right to self-determination under the FDRE Constitution granted as per its Article 39. It deals only with the issue of secession, linguistic rights and the right to self-government pursuant to Article 39(1-3) of this constitution. In conclusion the right to self-determination is constrained both legally and practically though it is allowed unconditionally under the 1995 FDRE Constitution.

Gadaa system is a well comprehensively

Gadaa system is a well comprehensively

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Seenaan uumama biyyoota fi mootummoota addunyaa kana irra jiran yoo ilaalle; biyyoonni addunyaa k... more Seenaan uumama biyyoota fi mootummoota addunyaa kana irra jiran yoo ilaalle; biyyoonni addunyaa kana irra jiran martinuu kan uumaman karaa adda addaan akka ta’e ni beekama. Haalawwan biyyoonni addunyaa kana irra jiran hundinuu itti uumaman gabaabumatti bakka saditti qoodnee ilaaluu ni dandeenya. Isaanis humna waraanaan/weeraraan qabachuun [through war and conquest]; haala itti hin yaadaminiin ykn akka carraatti adeemsa keessa biyyi tokko uumamuu ni danda’a [through organic evolution or accidentally]; akkasumas karaa waliigaltee uummattootan [Covenantal form] biyyi tokko uumamuu ni danda’a. Kanaafuu, biyyi tokko haala uumama ishee irratti hundaa’uun heera adda addaa qabaachuu ni dandeessi.
Biyyi humna waraanaan ijaaramte tokko heera diimokiraatawaa fi kan uummata ishee biratti fudhatamaa [legitimate] ta’e tokko qabaachuu hin dandeessu. Heerri biyya akkasii gubbaadhaa kan gadi fe’ame/bu’ee [Hierarchical Constitution] jedhamee waamama. Kana jechuun warri humnaan biyyattii ijaare falaasama fi imaammata isaaniif tolu akka heera mootummaatti qopheessuun uummattoota humnaan bitan sana fi biyya humna waraanan ijaaran sana irratti busuu jechuu dha. Haala kana keessatti sirna diimokiraasii fi mirga namoomaa hojii irra oolchuun hin yaadamu. Fakkeenyaaf, biyyoonni sirna kolonii jala turan, biyyoonni bifa impaayeraan ijaaraman, biyyoonni mootummoota abbaa irreen bulan heera gubbaadhaa uummattoota biyya sana irratti fe’aman qabaachuu ni danda’u. Bay’een biyyoota Afrikaa haala kana keessa akka jiran ni beekama.
Akkasumas, biyyi akka carraatti yookan utuu itti hin yaadamiin ijaaramte immoo heera dimookiratawaa fi fudhatama qabu [legitimate] ta’e qabaachuu ni dandeessi. Kana jechuun, biyyi akkasitti uumamte ta’e jedhamee utuu itti hin yaadamiin sababa adda addaan, fakkeenyaaf, sababa daldalaan, diina waloo of irrraa ittisuuf, diinagdee guddaa ijaaruu fi sababa biroon adeemsa dheeraa keessa walitti dhufeenya uumattoota irraan kan ka’ee biyyi tokko uumamuu ni dandeessi. Fakkeenyaaf biyyi Ingilaand [Greeti Briiteen] haala kanaan uumamte. Heerri biyya akkasii adeemsa dheeraa keessa aadaa fi duudhaalee uummattoota biyya sana keessa jiraatan irraa kan madduu dha. Heerri akkasii kun heera adeemsa dheeraa keessa aadaa fi duudhaa

uummattoota irraa tolfame [Organic Constitution] jedhamee waamama. Heerri haala akkasii keessatti uumame, aadaa fi duudhaa uummattoota biyya sanaa irraa adeemsa keessa waan uumameef fudhatama [legitimacy] ol’aana qabaachuu ni danda’a. Heerri akkasii kun heera hin barreeffamin [Un-written Constitution] jedhamee waamama.
Karaa biroo immoo heerri biyya tokko waliigaltee saboota, sab-lammoota fi uummattoota biyya tokko irra tolfamuu danda’a. Heerri waliigaltee uummattoota biyya tokko keessa jiraataniin tolfamu kun immoo heera waliigaltee uummattoota irratti hunda’e [Covenantal Constitution] jedhamamee waamama. Heerri haala kanaan uumamu biyyoota sirna federaalaan bulan keessatti baay’ee beekamaa dha. Fakkeenyaaf biyyoonni akka Yuunayitid Isteetis, Kanaadaa, Hindii, Naayijeeriyaa, Itoophiyaa fi kan biroon heera haala kanaan tumame ni qabu.
Heerri waliigaltee uummattootan tumamu kun dimookiraatawaa ta’us ta’uu dhabus ni danda’a. Waa’een heera waliigaltee uummattootan tumamuu fi fudhatamummaan inni qabu haala armaan gadiitiin bal’inaan ibsuuf yaaleen jira.