Judicial Power Decentralization in Ethiopia: Practical Limitations and Implications on Self-governance of Regional States

Ethiopia’s Constitution provides for a parallel –federal and state– court system. While federal courts entertain cases of federal matter, state courts adjudicate regional matters. However, there are ambiguous issues and practical limitations relating to this judicial power decentralization, some of which have an undesirable implication on the self-governance of regional states. These are the federal versus state matter controversy, the scope of the Federal Judicial Administration Council’s involvement in the nomination of state court judges, lack of standard criteria to calculate the cost regional state courts incur in exercising delegated judicial powers and the issue of cassation over cassation on state matters. Several challenges arise from the distribution of judicial authority in Ethiopia. First, regional states have done little with regard to distinguishing state matters from federal matters, and claiming reimbursement for costs they incur in exercising delegated federal judicial power. Second, the federal Supreme Court allocates nominal compensatory budget without considering the number of federal cases that are adjudicated in state courts and accordingly computing the cost incurred while state courts exercise delegated federal judicial power. Third, cassation over cassation on state matters seems to be inconsistent with the federal arrangement. These factors indicate gaps in the decentralization of judicial power which necessitate constitutional and legislative measures that can rectify these limitations commensurate with the power of regional states to exercise judicial power in regional matters.  Key terms Judicial power, Federalism, Decentralization, Self-governance, Ethiopi

The Practice of Informal Changes to the Ethiopian Constitution in the Course of Application

Given the generality of a constitution, it requires amendments in order to enable it to cope up with the socio-economic and political dynamics. As a result, formal constitutional amendment procedures have remained vital mechanisms in this regard. However, the rigidity of formal constitutional amendment procedures and/or the political context of a country have often kept constitutions static and frequently induce politicians to look for alternatives. Informal constitutional amendment mechanisms are thus designed in response to the difficulty of formally amending the constitution. In this sense, the role of non-constitutional mechanisms in the alteration of a constitution is essential. The FDRE Constitution encompasses a constitutional provision that spells out how the Constitution can be amended. However, there has not yet been a single formal constitutional amendment. This article examines instances of actual but unwritten constitutional changes in the course of application that have been occurring in Ethiopia for which formal constitutional amendment cannot account for. These include constitutional changes through constitutional interpretation, or by legislation. The article contends that there are time-honoured practices that regulate and continue to guide the course of the Ethiopian federal state in contradiction to the Constitution. Equally important, party structure also influences the federal distribution of power.Key termsFDRE Constitution, informal constitutional changes, constitutional amendment, constitutional interpretation, political custom, law enforcement, Ethiopia

The Quest for Identity and Self-Determination in the SNNP Region of Ethiopia

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.Key termsIdentity · Self-determination · Federalism · Ethnic groups · SNNP regio

Comment: Post-divorce Maintenance under Ethiopia’s Revised Family Code: Some Observations

The Revised Family Code (RFC) of Ethiopia states the circumstance in which a spouse can claim maintenance. These are during a divorce proceeding and, ordinarily, as any person, citing the provisions that explicate the obligation to supply maintenance. The RFC puts spouses at the top rank in the maintenance claimants’ order. This raises the question whether this applies to a spouse while the marriage is intact, a spouse while divorce proceedings are in progress, or an ex-spouse. This comment examines the existence (or otherwise) of a legal ground for an ex-spouse to claim maintenance under the RFC. I argue that the issue of maintenance does not arise in relation to a spouse while marriage is intact because the spouses have joint ownership and equal entitlement with regard to their property. Besides, a spouse can invoke temporary maintenance while divorce proceeding is underway due to a petition filed by one of the spouses. It can thus be argued that the obligation to supply maintenance embodied in the Revised Family Code entitles an ex-spouse (who is needy and unable to earn livelihood) to claim maintenance

Comment: Major Differences between the Revised ‘Federal’ and SNNP Regional State Family Codes

 There are two sets of family codes currently applicable in Ethiopia, the Revised Family Code and the family codes of regional states. These sets are compatible on numerous issues of family matters, and are also different on few issues. This comment outlines the major differences between the RFC with that of the SNNP Regional State Family Code. This comment indicates eight areas where the two codes have differences.  The RFC has omitted the notion of betrothal whereas the SNNP regional state family law contains detail rules that govern it.  Moreover, the RFC is silent regarding marriage celebrated in the cities where the RFC is applicable (i.e. Addis Ababa and Dire Dawa) while the SNNP Regional State Family Code does not apply to marriage celebrated outside the SNNP regional state. There is also variation between the RFC and the SNNP regional state family codes concerning relations in consanguinity and affinity, assessment of compensation following dissolution of marriage, proof of marriage, conditions to claim maintenance as well as salary and pension.Key termsBetrothal;  Consanguinity;  Affinity;  Assessment of compensation; Proof of marriage; Maintenance;  Salary and pension  

Intergovernmental relations system in the Ethiopian Federation: normative considerations

AbstractThe structure and process of intergovernmental relations (IGRs) is a question that all federations must grapple with. Between 1991 and 2019, during the Ethiopian People’s Revolutionary Democratic Front (EPRDF) era, the ruling political coalition was a venue where mutual concerns and misunderstandings between federal and sub-state institutions were managed. However, confining IGR in this way undermined the establishment of formal institutions that would be open to public scrutiny. Following Prime Minister Desalegn’s resignation in 2018, political ruptures occurred within the ruling coalition. The need to formalize the IGR resulted in the 2021 IGR Law. This article examines whether the new law entrenches relevant IGR institutions, whether established IGR forums have the capacity to regularize IGR, and whether established IGR institutions reduce excessive dependence on the party apparatus. This article used a qualitative research approach. This study revealed that most IGR forums remain dysfunctional, and most IGR relations occur informally within intra-party discussions. Although the IGR law contains many provisions, it is largely unimplemented. The dysfunction of IGR forums and their implementation of IGR law are associated with the lack of political commitment by the government to depart from the informal IGR that relied upon the ruling party line to manage government functions, including IGR

Statehood exercises in Ethiopia and their jurisprudential significance:clarifying normative hurdles and addressing empirical challenges

This paper discusses the unconditional right to self-determination claim of ethnic groups under the Federal Democratic Republic of Ethiopia (FDRE) Constitution, and how the demands for statehood have been handled since 2018. Using the Sidama and South-Western Ethiopian Peoples (SWEP) statehood exercise, this paper highlights the main issues and challenges concerning the process of claiming and achieving internal statehood. These include the principles of who has the right to vote in a statehood referendum, the matter of ethnic clustering to claim statehood, protecting the rights of minorities, the challenge of merging geographically distant Nations, Nationalities and Peoples (NNPs) into states, the transfer of power to the new state, and the division of assets and liabilities once a statehood claim is approved. It concludes that whilst the Constitution is flexible and allows for innovation, the Sidama and SWEP experiences demonstrate that it is now time for a review of the Constitution