Addis Ababa University

College of Law and Governance

constitutional law individual assignment

Name IDNO

Alazar Workneh ……………………………………LGE/7723/14

SUBMITTED TO: ins. Capital kibre

Introduction
Ethiopia, a nation characterized by its vast ethnic diversity, has implemented various policies to
ensure the political participation of its diverse cultural groups. The Federal Democratic Republic
of Ethiopia (FDRE) Constitution, adopted in 1994, is the cornerstone of these efforts. This
analysis will delve into the relevant provisions of the FDRE Constitution, examining their
effectiveness in promoting political participation among diverse cultural groups, and evaluating
the broader implications of these policies.

Constitutional Provisions

Article 39: The Right of Nations, Nationalities, and Peoples

Article 39 of the FDRE Constitution is a fundamental provision that grants every Nation,
Nationality, and People in Ethiopia the right to self-determination, including the right to establish
its own government within its territory. This article is pivotal in ensuring that diverse cultural
groups have a say in their political affairs.

- Self-Governance: The right to self-governance includes the establishment of legislative,

executive, and judicial organs. This provision ensures that diverse cultural groups can govern
themselves according to their customs and traditions, thereby enhancing their political
participation.
- Secession: Although controversial, the right to secession is a part of Article 39. It empowers
any Nation, Nationality, or People that feels marginalized or oppressed to seek independence,
ensuring that political participation is not merely nominal but substantive.

Article 46: Federal Structure

Article 46 establishes the federal structure of Ethiopia, dividing the country into regions based on
settlement patterns, language, identity, and consent of the people concerned. This federal
arrangement is designed to ensure that diverse cultural groups have their own regional states
where they can exercise political power.

- Regional Autonomy: Each regional state has its own government with legislative, executive,
and judicial powers. This autonomy ensures that diverse cultural groups have control over their
local affairs, promoting political participation.
- Language and Identity: By forming regions based on language and identity, the FDRE
Constitution ensures that diverse cultural groups are not forced into a monolithic national
identity. This respect for cultural diversity fosters political inclusion.

Article 50: Structure of the Organs of State

Article 50 outlines the structure of the organs of the state, ensuring a decentralized federal
system. It mandates the establishment of regional councils with legislative and executive powers,
providing a platform for diverse cultural groups to participate in governance.

- Regional Councils: These councils are composed of representatives from various cultural
groups, ensuring that all groups have a voice in the decision-making process. This structure
promotes inclusivity and ensures that the interests of diverse cultural groups are represented.
- Decentralization: The decentralization of power to regional states allows for greater political
participation at the grassroots level. It empowers local communities to manage their affairs,
reducing the dominance of the central government.

Implementation and Challenges

While the FDRE Constitution provides a robust framework for the political participation of
diverse cultural groups, its implementation has faced several challenges.

1. Ethnic Federalism and Its Critics

Ethiopia’s ethnic federalism, while intended to promote political participation, has been
criticized for entrenching ethnic divisions. Critics argue that it exacerbates ethnic tensions and
conflicts, undermining national unity.

- Ethnic Tensions: The formation of regions based on ethnicity has sometimes led to inter-ethnic
conflicts, as groups vie for resources and political power. This has resulted in violence and
displacement, undermining the goal of peaceful political participation.
- National Unity: Ethnic federalism is perceived by some as a threat to national unity. The
emphasis on ethnic identity can sometimes overshadow a broader national identity, leading to
fragmentation.

2. Practical Challenges in Governance

The implementation of the constitutional provisions faces practical challenges, including limited
resources, administrative inefficiencies, and political interference.

- Resource Allocation: Regional states often struggle with inadequate resources, which hampers
their ability to govern effectively. This can lead to dissatisfaction among diverse cultural groups,
who feel that their needs are not being met.
- Administrative Efficiency: The lack of administrative capacity in some regions hinders
effective governance. This inefficiency can erode trust in regional governments and discourage
political participation.
- Political Interference: The central government’s interference in regional affairs can undermine
the autonomy of regional states. This interference can stifle the political participation of diverse
cultural groups and lead to a perception of marginalization.

Broader Implications

1. Promotion of Inclusivity
Despite the challenges, the FDRE Constitution’s provisions for political participation have
fostered inclusivity. They have provided a platform for diverse cultural groups to express their
political will and have a say in governance.

- Empowerment of Marginalized Groups: The constitutional provisions have empowered

previously marginalized groups, giving them a voice in the political arena. This has enhanced
their sense of belonging and participation in the national discourse.
- Cultural Preservation: By recognizing the right to self-governance and promoting regional
autonomy, the FDRE Constitution has helped preserve Ethiopia’s rich cultural diversity. This
cultural preservation is crucial for maintaining social harmony and promoting political
participation.
2. Need for Reforms

The challenges faced in the implementation of the constitutional provisions highlight the need
for reforms. These reforms should aim to address the shortcomings of ethnic federalism and
enhance the effectiveness of regional governments.

- Strengthening National Unity: Reforms should focus on promoting national unity while
respecting cultural diversity. This could involve fostering a sense of national identity that
complements, rather than competes with, ethnic identities.
- Enhancing Administrative Capacity: Building the administrative capacity of regional
governments is essential for effective governance. This could involve training and resource
allocation to ensure that regional states can meet the needs of their populations.
-Reducing Political Interference: Ensuring the autonomy of regional states by reducing
political interference from the central government is crucial for fostering genuine political
participation. This could involve legal safeguards and institutional reforms to protect regional
autonomy.

The FDRE Constitution provides a comprehensive framework for ensuring the political
participation of diverse cultural groups in Ethiopia. While its implementation has faced
challenges, it has also fostered inclusivity and empowerment. Addressing the shortcomings
through targeted reforms can enhance the effectiveness of these provisions, promoting peaceful
and meaningful political participation among Ethiopia’s diverse cultural groups.
Lawful and Unlawful Demonstrations

FDRE Constitution:
- Lawful: Article 30 guarantees the right to peaceful and unarmed assembly, demonstration, and
petition.
- Unlawful: Demonstrations involving violence, arms, or threats to public order and safety are
prohibited.

ICCPR
- Lawful: Article 21 protects peaceful assembly, allowing necessary and proportionate
restrictions for national security, public safety, public order, and protection of others' rights.
- Unlawful: Assemblies involving violence or armed activities are not protected.

General Comments
- General Comment No. 37: Emphasizes that peaceful assemblies must be facilitated, and any
restrictions must be necessary and proportionate.

. Relationship between the House of Federation and the Council of Constitutional Inquiry

FDRE Constitution:
-House of Federation (HoF): Ultimate authority on constitutional interpretation (Article 62).
- Council of Constitutional Inquiry (CCI): Advisory body that reviews constitutional disputes
and provides recommendations to the HoF (Article 82).
- Process: CCI investigates and submits findings to the HoF, which makes the final decision
(Articles 83 and 84).

Hierarchy of Appeal in Federal and Regional Courts

Article 80: Outlines the hierarchy for cases involving concurrent powers.

Federal System | Regional System

--------------------------------------|---------------------------------------
Federal Supreme Court | Regional Supreme Court
(Final appellate jurisdiction) | (Handles appeals from Regional High Court)
--------------------------------------|---------------------------------------
Federal High Court | Regional High Court
(Appellate and original jurisdiction) | (Handles appeals from Regional First Instance Court)
--------------------------------------|---------------------------------------
Federal First Instance Court | Regional First Instance Court
(Original jurisdiction) | (Original jurisdiction within the region)
--------------------------------------|---------------------------------------
```

This structure ensures a clear path for appeals, maintaining the integrity of both federal and
regional judicial systems.