Secessionism, Federalism and Constitutionalism in Ethiopia

On the morning of 4 August 2018, troops were seen taking over key positions in Jijiga, a capital city of the State of Somali, one of the constituent units of the Ethiopian federation. Heavily armed military vehicles were stationed outside the state parliament, the offices of state government and the state TV station. It was not an invasion by a foreign force. It was a federal intervention

A tale of two federations: Comparing language rights in South Africa and Ethiopia

The success of a federal arrangement in accommodating ethnic diversity cannot be measured solely on the basis of its language rights regime. However, it is generally agreed that a well-designed language rights regime goes a long way in contributing either to the effective reconciliation, unity and diversity or to the eventual polarisation of cultural communities. This article focuses on the challenges of adopting an inclusive language policy in multi-lingual states. Using two case studies, South Africa and Ethiopia, it examines the different policy alternatives for accommodating linguistic communities.International Bibliography of the Social Science

Federalism, territorial autonomy and the management of ethnic diversity in Africa: reading the balance sheet

The history of federalism in Africa is a history of ambivalence. In the run up to independence, federalism was an idea that galvanized several political movements that, following the retreat of colonial powers, emerged to represent the interest of ethnic groups that were anxious about their political status in post colonial Africa. But it was also an idea that was subsequently rejected by those that wield state power and thrown into historical dustbins. Recent developments indicate that the federal idea that was never given a chance to develop and was being strangled at birth is now re-entering the constitutional scene of several African countries. This short article examines how African federations have responded to the ethnic diversity that characterizes their societies. In particular, it examines how the territorial autonomy solution, implicit in these federations, have helped to deal with the challenges of ethnic diversity

Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital

Some call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. Those who opt to refer the capital as Finfinnee claim that the capital belongs to the Oromo. Those that stick to the official name, Addis Ababa, reject the language of ownership. But this is not merely a fight over history. It is a constitutional politics that has gripped the federation. The debate over the Ethiopian capital brings to fore the question about the place of capital cities in multi-ethnic federations. Using the Ethiopian capital as a case study, this article investigates how capital cities can manage the tension between the accommodation of diverse communities and the indigeneity argument that is often used as a basis to claim ownership. The article argues that the mediation of tensions can be best addressed through the framework of intergovernmental cooperation

Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations

Horizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal intergovernmental forums in Kenya, Spain and Canada. The constitutional origin of institutions of horizontal intergovernmental relations is uncommon. The experience of the three political forums confirm the view that institutionalization of intergovernmental relations may not be a necessary condition for effective intergovernmental relations. Yet, in countries with no history of multilevel governance or a culture of cross-boundary interaction, institutionalization might give horizontal intergovernmental relation the prompt it needs

Female genital mutilation as a human rights issue: examining the effectiveness of the law against female genital mutilation in Tanzania

In many African states, female genital mutilation (FGM) is a deeply-entrenched cultural practice. Tanzania is no exception. FGM persists despite the fact that the country has ratified a number of international and regional human rights instruments that protect women against the practice of FGM. The mere fact that the practice continues despite Tanzania's obligation under international and regional human rights treaties raises the question whether Tanzania has put in place adequate constitutional and legislative measures to protect women against FGM. It is this question that this article seeks to address. Against the backdrop of the emerging consensus that posits FGM as a human rights violation, the article examines the effectiveness of the constitutional and legal framework of Tanzania in protecting women against FGM.Department of HE and Training approved lis

The Canadian contribution to a comparative law of secession: Legacies of the Quebec secession reference

Celebrating the twentieth anniversary of the Reference Re Secession of Quebec (hereinafter the Reference) is a very good reason to put together a volume on “one of Canada’s most well-known legal exports” (p. 5). But there is another equally strong reason that makes the decision of Giacomo Delledonne and Giuseppe Martinico to bring together scholars with expertise in constitutional law to deal with the comparative law of secession important and timely. The winds of secession that are blowing in Europe and beyond are making secession a burgeoning topic of constitutional law. By examining the legacy, relevance, and contribution of the Reference to a comparative law of secession, this edited volume provides a valuable constitutional law perspective to a topic that is largely dominated by political scienc

Ethnic federalism and internal minorities: the legal protection of internal minorities in Ethiopia

Not a single federal arrangement has been successful in demarcating the territorial matrix of the federation into separate ethnically defined territorial units. The decade-old federal experiment in Ethiopia is no exception to the impractical reality of creating ethnically pure sub-national units. Although the internal structure of the federation, by and large, follows an ethnic line, ethnic minorities are found in the midst of most, if not all, regionally empowered ethnic groups. This has brought to the fore issues about the majority–minority tension at the level of the sub-national units or, as they are called in Ethiopia, regions. The status and treatment of those who do not belong to the empowered regional majority has emerged as a thorny issue that has bedevilled the federal experiment. The aim of this contribution is to examine whether the federal system adopted in Ethiopia responds adequately to the challenges of internal minorities. It, in particular, examines whether the federal arrangement provides for appropriate institutional solutions to the tensions that exist between regionally empowered groups and their internal minorities. Before discussing the Ethiopian case, however, the article, in the following section, casts the issue in the context of multi-ethnic federations. By doing so, it seeks to show that the problem of internal minorities is not unique to the federal arrangement in Ethiopia.Department of HE and Training approved lis