Federalism Part I (Ch1-6) General Part

Federalism
By: Sultan Kassim

Haramaya University, College of Law
October 2014
Federalism:Sultan Kassim H U, College of

Law
Chapter One
Introduction to Federalism
• 1.1. Introduction
• The Federal Idea
• Derives from the latin words foedus and fides
• foedus: covenant, contract or bargain
• fides: faith and trust
• Principle of covenant builds upon the ideas of
equality, partnership, reciprocity, mutuality,
toleration, recognition and respect.
Federalism:Sultan Kassim H U, College of L
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The Federal Idea Continued
• Has to do with the need of people and polities to unite for

common purposes yet remain separate to preserve their
respective integrities.
• Grow out of the idea that free people can freely enter into
lasting yet limited political associations to achieve common
ends and protect certain rights while preserving their
respective integrities.
• The term ''federal" reveals, federalism is concerned
simultaneously with the diffusion of political power in the
name of liberty and its concentration on behalf of unity or
energetic government.
• “Federal principles are concerned with the combination of
self-rule and shared rule.” ( Daniel J. Elazar,1987)
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1.2.Federalism ,Federal Political Systems &
Federations
• ‘federalism’ is used basically not as a descriptive but as
a normative term and refers to the advocacy of multi-
tiered government combining elements of shared-rule
and regional self-rule.
• It is based on the presumed value and validity of
combining unity and diversity, i.e., of accommodating,
preserving and promoting distinct identities within a
larger political union.
• The essence of federalism as a normative principle is
the value of perpetuating both union and non-
centralization at the same time. ( Watts,2008)
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Federalism ,Federal Political Systems
& Federations Continued...
• “Federal political systems” and “federations” are

used as descriptive terms applying to particular
forms of political organization.
• “Federal political systems”: refers to a broad
category of political systems in which, there are
two (or more) levels of government thus
combining elements of shared-rule (collaborative
partnership) through a common government and
regional self-rule (constituent unit autonomy) for
the governments of the constituent units.
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Federalism ,Federal Political
Systems & Federations Continued...
• Federal Political Systems :

– Encompasses a whole spectrum of more specific non-
unitary forms: i.e., species ranging from “quasi-
federations” and “federations” to “confederacies” and
beyond.
– As in a spectrum, the categories are not sharply delineated
but shade into one another at the margins.
• Federalism is the original and persisting driving force
for the federation (Preston King 1982).
• Federalism can be regarded as ideology and/or as
political philosophy. And Federation its physical
manifestation.
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Definitions of Federations
• "A federal union is based upon the formal
constitutional recognition of difference and diversity.
• Previously discrete, distinct, or independent entities
come together to form a new whole - a union.
• In this union they merge part of their autonomous
selves while retaining certain powers, functions, and
competences fundamental to the preservation and
promotion of their particular cultures, interests,
identities, and sense of self definition“ (Burgess
2004: 28f.)

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Definitions Continued…
• “Federations: Compound polities, combining

strong constituent units and a strong general
government, each possessing powers
delegated to it by the people through a
constitution, and each empowered to deal
directly with the citizens in the exercise of its
legislative, administrative and taxing powers,
and each with major institutions directly
elected by the citizens.” ( R. Watts,2008.p.10)

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Federations vs. Confederations
• A Confederation : is a union of states in a body politic in
contrast to a federation that is a union of individuals in
a body politic, suggesting the unity of one people or
nation. (Burgess 2004: 30)
• They occur where several pre-existing polities join
together to form a common government for certain
limited purposes : (for foreign affairs, defense or
economic purposes)
• The common government:
– Is dependent upon the will of the constituent governments,
– Composed of delegates from the constituent governments,
– Have only an indirect electoral and fiscal base.
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Federations vs. Confederations
• Historical examples include Switzerland 1291–

1798 and 1815–47, and the United States
1781– 89.
• In the contemporary world, the European
Union is primarily a confederation, although it
has increasingly incorporated some features of
a federation.

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Types & Formation of Federations
• Multinational Vs. Nation-state Federations
• Coming together Vs. Holding together

Federations

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1.3.Common Features of Federations
• The generally common structural characteristics of
federations as a specific form of federal political system are
the following:
• 1. at least two orders of government,
– one for the whole federation and the other for the regional units,
– each acting directly on its citizens;
• 2. A formal constitutional distribution
– of legislative and executive authority
– and allocation of revenue resources between the two orders of
government
– ensuring some areas of genuine autonomy for each order;

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Common Features of Federations
Continued...
• 3. Provision for the designated

representation of distinct regional views
– within the federal policy-making institutions,
– Usually provided by the particular form of the
federal second chamber;
• 4. A supreme written constitution
– not unilaterally amendable and
– requiring the consent for amendments of a
significant proportion of the constituent units;
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The Federal, Confederal and Unitary systems of Governments

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Extra Constitutional Factors
• Despite common institutional features some
federations fail while others succeed. Why?
• This is because federalism goes beyond legal
institutions.
• Many factors affect the performance and
success of federalism.
• What factors exist beyond the constitution
that affect performance of the federal system?

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• 1. Nature and Performance of the political

institutions (the relation ship between the
legislative & the executive)
• Federations can have parliamentary, presidential-
congressional, or mixed institutions in both orders
of government.
• In federations with strong executives, it tends to
dominate relations between the Federal the state
governments—leading to what is known as
executive federalism.
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• 2.The specific society under which the federal

system operates.( the political Culture of the
Society)
• Federal institutions are reflections of the
federal qualities of society.
• Federal institutions once created in turn shape
and influence society.
• There is a complex relationship, which is not
unilateral, between society, its institutions and
its constitution.
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• 3. The existence or absence of democratic pluralism

and decentralized party system.
• The political party system affects the nature and
evolution of the federal system through time.
• An authoritarian one party system is incompatible
with the federal concept of divided power.
• Decentralized party system encourages democratic
pluralism which is conducive for preservation of
diversity.

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• 4.The presence or absence of an inbuilt spirit

of sense of partnership between the different
actors in a federation.
• If sense of partnership persists federations
easily adapt to changing circumstances and
continue to function.

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WHEN DOES FEDERALISM MAKE SENSE?
• In very large countries
• When accommodating history, tradition and
local loyalties as new states are being formed
• When accommodating significant ethnic,
cultural, linguistic or religious differentiation
in existing states
• When there is a mix of these factors

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Contemporary Relevance of Federalism
• Is Federalism an obsolete 19th c Form of Government?

• Far from being an obsolete form of government in the
contemporary world
• In fact it is concept of the nation-state that more and
more people have been coming to regard as obsolete
• we appear to be moving from a world of sovereign
nation-states to a world of diminished state sovereignty
and increased interstate linkages of a constitutionally
federal character

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Contemporary Relevance …
• At present, among the 192 States recognized by UN,

• 28 that are functioning federations in their character
• Contain:
– About two billion people,
– 40% of the world population, and
• Encompass Some 510 constituent or federated units.
– Emerged new variants in the application of the federal idea .
– A hybrid structure which has come to involve elements of
confederation and federation.
– Eg. EU, where individual federations, unions and unitary
states have “pooled their sovereignty”

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Virtues of Federalism
• 1. Efficient and effective solutions because of
closeness to the problems;
– Subsidarity principle
– Ensuring Policy Responsiveness
• 2. Additional level of "checks and balances":
– Dispersal of Power
– The prevention of tyranny
• 3.More political participation through local
democracy
– Multiple levels of Voting and Representation
• 4. Protection of minorities and their representation
on federal level Federalism:Sultan Kassim H U, College of L
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Virtues of Federalism Continued
• 5. Greater Economy of scales

– Big internal Market
– Big Resource and Population base
• 6. Security from foreign aggression
• 7. Creative competition for best practices
– between federal and regional level and
– between regional entities (laboratory
federalism)
– Policy Diversity
• 8. Conflict management
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THE CRITIQUE OF FEDERALISM
• Complex, slow to change,
• Tolerates uneven development and regional
inequality,
• Duplicates functions and services
• The allocation of responsibilities and resources to
two orders of government is difficult
• Thought to be an expensive system of government
• ‘Minorities within minorities’ problem
• Unstable: “A halfway house en route to secession”

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Chapter Two
Federations & Second Chambers

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Federations and Second Chambers
• Second chambers are more common, if not
inherent in federations.
• A second chamber is based on a different
rationale and composition than the lower
house.

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Rationale for Second Chambers
• A. To Represent the interests of states

(groups) at federal level.
• They are institutions that reflects the
normative diversity inherent in federalism.
• The upper chamber is often expected to
reflect some federal idea for representation
of regional diversity.
• They provide a protective mechanism against
federal derogation against state powers.
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Rationale for second chambers
• In federations the federal legislature should represent

both the unity and the regional diversity.
• While the lower house represent the whole people as
individuals( Unity), the second chamber represent
them as groups,( regional diversity).
• Based on the idea that not only individual citizens
but states( groups) also enjoy some form of right to
influence the federal decision-making process.

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• Second chambers are expression of shared

rule in federations.
• The idea of shared rule is nothing but a
reflection of the concept that the constituent
states are made part and parcel of the powers
assigned to the federal government in general
and of the federal law-making process in
particular.

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Legislative Role of Federal Second Chambers
• The guarantee for participation in federal law making
through second chambers exists in almost all federations
except Ethiopia.
• The Swiss Constitution Provides: “The cantons shall
participate in the decision-making process on the federal
level, in particular in federal legislation.”(Art.148(1))
• The German Basic law states: “The Länder participate
through the Bundesrat in the legislation and
administration of the federation...‟( Art.50)
• The Indian Constitution states parliament as a composite
law-making body consists of the Council of States and the
House of People .(Art.79)
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• B. To act as counter majoritarian system.
• The lower house is often uniformly organized on the
principle of proportional representation.
• There is a less strong federal element in the lower
house.
• It is organized and operates on the majoritarian
democratic principle.
• Second chamber represents the federal principle as
distinct from the democratic principle.
• Smaller and more sparsely populated units feel
potentially threatened by more densely populated states
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Composition of Second Chambers
• Second chambers are based on a different
organizing principle from the lower house.
• Variations exist in the composition of second
chambers.
• Some organize on the basis of equality of
territory without regard to population weight.
• Others use proportionality principle based on
population weight.
• Others balance the principle of territoriality and
citizen equality.
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• Equal Representation of states (Territorial Equality)

• Eg. In the United States, the Senate is based on the
principle of equal representation of the states
notwithstanding disparities in their population.
• Senate is composed of two Senators from each state.
• States are different in population, area, wealth or
other elements of diversity. California (Biggest 36 mil)
- Wyoming (Smallest 532,000) in population.
• Designed to check the potential of majority tyranny
coming from the lower house due to population
density of bigger states.
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• The same principle is adopted under the Swiss

Constitution, except for introducing the notion of full
and half Cantons.
• “The Senate shall consist of 46 delegates of the
Cantons.” Six half Cantons elect one and the
remaining twenty each shall elect two senators.
• Such system over represents smaller states and their
inhabitants.
• The vote of people in larger regions is not equal to
that of people in smaller regions. Erodes citizen
equality.
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• Mixed System
• The German federation represents a different
principle that tries to balance the interests of the
most populous states on the one hand and those of
the less populous ones on the other.
• Art. 51(2) of the German Basic law Provides:
• “Each Land has at least three votes; Länder with a
population between two to six million inhabitants
have four, Länder with more than six million
inhabitants five, and Länder with more than seven
million inhabitants six votes.”
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• The German Bundesrat’s seats are allocated on a weighted

basis giving some advantage to the less populated Länders.
• But fall short of the principle of equal representation of states.
• India’s Second Chamber, the Council of States, is similarly
designed.
• In the House with 245 members, excluding the twelve
appointed by the President, the smallest state is allocated one
seat, while the highly populated one with thirty-four. Uttar
Pradesh ( biggest 199 mil.)- Sikkim ( smallest 608,000) in
population .
• The German and Indian approaches are attempt to
counterbalance the immense inequality of the right of the
citizen to vote among the several states.
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Selection of Members
• Variations exist among the federations in the
manner in which the members of the upper house
are brought to office.
• In the United States, originally members of the
Senate were indirectly elected by the state
legislatures.
• After 1913 amendment Senators are directly
elected by the people of the states.
• The Swiss Constitution follows the same principle of
direct election of members of the Senate.
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Selection of Members
• In Germany, the members of the Bundesrat are delegates of

their Land cabinets.
• Each Land Government sends members of its cabinet to
represent the interests of the Land in the Bundesrat.
• Voting in the House in a block on the instruction of their Land
governments.
• They can be instructed and recalled by the Land government.
• In India, members are for the most part indirectly elected by
the state legislature.
• Federal appointments are also provided as a means for
ensuring representation of some particular interests. (12/250)

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The Ethiopian System
• The FDRE Constitution provides for two federal houses.

The HoPR and the HoF.
• It fulfils the minimum requirement of having a second
chamber as all other federations but with a totally
different function.
• It differs from other federations in terms of:
– Ensuring regional participation in federal law making
– Acting as a counter majoritarian institution.
• This is because of:
– The limited role it has in federal law making
– The mechanism of its composition
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The Ethiopian system
• Limited Role of HoF in Law Making

• The 1995 Ethiopian Constitution stands in
sharp contrast to other federations.
• The role of HoF in law making is very limited.
• Under Article 55(2), the HoPR remains the sole
and highest law-making authority of the federal
government.
• Article 55(1) makes clear that the HoPR
exercises exclusively the legislative functions
assigned to the federal government.
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• The only provisions where one may by stretch of

imagination trace legislative functions are Articles 99,
62(7) and 105.
• The present arrangement addresses the problem of
local empowerment, but fails to incorporate the
states in the law making-process at the center.
• Power is still centralized in as far as the federal
government does not allow the states to participate
in those powers reserved to it.

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• Problems in acting as counter majoritarian

system
• There is no mechanism for the smaller states
to check the decisions of the HoPR.
• Danger of the center being hijacked by a few
more populous ethnic groups which may
affect the aim of nation building.
• For instance, the combined vote of the
Oromos and the Amharas would more than
suffice for most of the business of the HoPR.
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• In relation to composition
• The HoF is composed of representatives of
NNPs. Art.61(1)
• Each NNP represented in the HoF by at least
one member. And one additional
representative for each one million of its
population. Art61(2)

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• In relation to Selection of Members

• Article 61(3) envisages two possibilities.
• Indirect election by the state legislatures or
• Directly by the people by the decision of the
state legislatures.
• So far experience indicates that all members
are indirectly elected by the states.

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Whose interest does Second Chambers Represent?
• Who is represented, the states or the people?
• Difference in manner of election have an impact to whose
interest represented.
• In USA and Switzerland Initially, two representatives are
expected to stand for the interests of the states.
• Since the amendment, it is doubtful whether the Senators
represent the interest of the citizen, the state or some regional
interest such as the mid west, east or the south.
• In Switzerland too, there is a trend that the Council of States no
longer represents member states but the people of Switzerland
as a whole.
• Its deputies vote according to political ideals or personal ideas
rather than in the interests of the cantons
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Whose interest represented?
• In Germany, they represent the Land government,

and more specifically the regionally governing
party.
• In Ethiopia, what is represented are the
nationalities, the authors of the Constitution.
• Article 61(1) of the Ethiopian Constitution
provides that the HoF is composed of
representatives of NNPs.
• Membership in the HoF is not based on the
principle of territoriality but on NNPs and their
population weight.
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Powers of Second Chambers
• There is no consistent pattern in the powers assigned to
upper houses in federations.
• Variation exists as to whether second chamber is to function
as co-equal legislature with the lower house, or is required to
remain a subsidiary house .
• The range of arrangements includes:
• Those affecting the scope of an upper house’s powers:
– Types of legislation and government action it can affect
and
• Those affecting the strength of these powers
– veto, delay, right to force a joint sitting of both houses to
resolve a deadlock

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Powers of Second
Chambers
• In some federations, they have both all the powers
of the lower house and special additional powers;
• E.g. As in the US and Switzerland the two chambers
are co-equal in power and are directly elected.
• In US the senate also has additional powers like
impeachment, ratification of treaty, Higher
appointments.
• In both the United States and Switzerland, the power
of the Senate is further reinforced by the separation
of powers between the legislature and the executive.

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Powers of Second
Chambers
• At the other extreme, some upper houses are

little more than revisionary chambers.
• We also have some upper houses with entirely
different role.

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Chapter Three
The Federal System of Ethiopia

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The Context of Federal System in Ethiopia
• Historic Ethiopia as Defacto Federation
• The current federal arrangement in Ethiopia seems for
many a very alien experiment in the country.
• History indicates that the Ethiopian state in fact has been
administered for much of its existence as a kind of defacto
federation than a unitary nation state.
• Centralized system of administration in Ethiopia was a
phenomenon in the 20th century effectively exercised at
the time of Emperor Haile Sellaise I and the Socialist
regime of the Derg.
• Before centralization, two authorities- that of the centre
represented by the imperial throne and that of the
provincial nobilities representing the many autonomous
provinces and kingdoms traditionally exercised power.
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Historic Ethiopia as Defacto Federation
• This defacto federalism is also well symbolized in the notion of
Niguse Negast (King of Kings).
• The northern part of present day Ethiopia was divided in to
the provinces of Tigray, Gondar, Gojjam, Wollo and Showa.
• Autonomous kings also existed on the South and South-
western side of the country. These include the five Gibe
kingdoms of the Oromo established around the Gibe region;
namely Limmu-Ennarya, Gomma, Guma, Gera and the
Kingdom of Jimma.
• In the south, the kingdom of Kaffa, Wolayta, Sidama, Kambata
and Janjaro mainly situated near the vicinity of the Omo River
and the Rift Valley area.

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Historic Ethiopia as Defacto Federation
• On the Eastern side, we find the predominantly Muslim society
of the Afar, the Somalis and the Harari organized under their
own systems of autonomous Sultanates and Emirates.
• These cluster of kingdoms existed effectively for centuries
predating the centralized Ethiopian state of the 20th century
until forcibly incorporated into the Ethiopian state in the second
half of the 19th century.
• For most of the newly incorporated Southern, South western
and Eastern kingdoms and their people, their incorporation to
the Ethiopian state means loss of autonomy and beginning of
socio cultural and political domination.
• Despite their semi-autonomous existence there always existed a
network of trade relationships as well as relationships based on
religion between these clusters and the centre.

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The Process of Centralization (1931-1991)
I. The Period of Emperor Hailesellasie I
• The beginning of the 20th century marked the first serious
attempt to restrain the autonomy of the regional forces.
• It also marked the beginning of the culmination of the
struggle for centralization, which began by Emperor
TewodrosII during the 19th century and reached its
consolidation under the absolutist rule of Emperor Haile
Selassie I.
• The process of centralization, nation building or by
whatever name it was conducted and with good
intentions, was not without consequences.

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The Process of Centralization
• Firstly, the notion of the state, its institutions and

culture were imposed on the incorporated kingdoms.
• Secondly, it brought about all sorts of diversities in
terms of religion, language, tradition and culture but
failed to accommodate them. The religious, lingual,
cultural as well as political and economic dominance and
the policy of assimilation gave birth to the ‘question of
nationalities.’
• Thirdly, from the perspective of the traditional northern
provincial diversity the state became extremely
centralized at the expense of regional rulers.
• The consequence was the alienation of the bulk of the
regional actors leading to Kassim
Federalism:Sultan
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theHcenter
U, College of L periphery polemics.
• The assimilation policy of the emperor to create a nation

state carved in the image of the politically dominant
Amhara group has led to divergent interpretation of the
Ethiopian political history.
• 1. Nation Building thesis, groups espoused with the
nationalist center.
• 2. National Operation thesis; groups like EPRDF
• 3.Colonial thesis, Groups like OLF, EPLF and WSLF
• The divergent interpretation led to divergent
propositions as solution.
• The nation building process through assimilation
fermented the ‘question of nationalities ‘that finally led
to the downfall ofFederalism:Sultan
the Imperial Kassim H U,regime.
College of L
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• Coupled with the autocratic monopolization of power
by the Emperor at the cost of the regional nobility, the
failure to accommodate the existing diversity was
viewed as the heart of the Ethiopian state crisis
throughout the 20th century.
• II. The Derg Regime (1974-1991)
• After coming to power, the Derg in addition to its
abolition of the feudalist state and the class difference,
it also tried to address the ‘question of nationalities.’
• The Derg Constitution of 1987 was the first to
recognize the presence in Ethiopia of different
nationalities. It has also formally recognized the
language and culture of all Ethiopians.
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• It introduced regional autonomy to some districts. The national

shengo proposed five autonomous regions and twenty four
administrative regions. The five autonomous regions were
Eritrea but without its Afar inhabited areas, Tigray, Assab for
the Afars, Dire Dawa for the Issas, and Ogaden.
• Its most noticeable legacy may well be the groundwork for the
division of Ethiopia along ethno-linguistic lines, carried out by
the Nationalities Institute.
• It was modelled after the former USSR’s approach to the
question of nationalities.
• Under this model, the nationalities would enjoy cultural rights
and a limited amount of administrative autonomy within their
own home areas subject to the overarching control of the
communist party.
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• Accordingly, the Derg sought to combine the recognition of

the cultural identity of ethnic or national groups and a
measure of autonomy for them, with overall subordination to
the center in the name of the ultimate supremacy of class
solidarity over national identity.
• The Derg has never taken those promises seriously and critics
are unanimous that it was a sham attempt. No power was
transferred to the so called autonomous regions.
• Amharic remained the sole official language.
• The continuity in the state structure with the old regime was
clear.
• The tradition of concentration of power in the emperor
transferred wholesale to the new head of state, the President.
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• To make things worse the centralization of power by far

exceeded the old regime. The Derg controlled the society by
establishing many types of associations; peasant, women,
youth, urban dwellers, teachers, etc associations.
• Despite its promises at the beginning, the Derg failed on
many respects to resolve the nationalities question.
• Since the political discontent was understood in terms of
national operation many ethnic liberation movements were
active all over the country seeking right to self determination
for their own groups.
• The centralisation of power, the stagnating economy, the
unresolved question of nationality have led to its downfall in
1991.
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The Transitional Period (1991-1995)
• Following the downfall of the Derg, a national conference was
convened in Addis Ababa from July 1-5, 1991.
• The Conference resulted in the signing of the Charter by the
representatives of some 31 political parties, the creation of an 87
seat Council of Representatives and the establishment of
Transitional Government of Ethiopia (TGE).
• The most remarkable feature of the conference was that its
members were designated almost entirely, save the
representatives of professional organizations and the members
from the university, on the basis of nationality. The center has
collapsed and forces of centralisation were totally unrepresented.
• Composed primarily of leaders of nationality based parties
spawned by the civil war, the conference reflected a dramatic
shift of political power from the centre to new politicians from
hitherto marginalized regions.
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The Transitional Period
• It aimed at rebuilding the country and restructuring the state

democratically. It also sought to mark a break with the past and
usher in a new chapter in the history of Ethiopia.
• The political implications that followed the introduction of the
Charter and the proclamation issued to establish national/regional
self-governments certainly represent departure from the past.
• The choice of ethnicity as a basic principle of political organization
of the state, and society and the reconstruction of the Ethiopian
centrist and unitary state by introducing a federal system of
government has signified a new era on the way of answering the
Question of nationalities.
• These two interlinked processes were again anchored on the basic
formula of the right to self-determination for ethno-national
groups.

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• The political rationale for such a radical change in the
fundamental thinking of state organization among other things
has been the view that this formula was a decisive remedy for
the resolution of Ethiopia’s long-standing problem of the
‘nationality question’.
• This is in sharp contrast to the two earlier regimes. It certainly
marked an official acknowledgment of Ethiopia as a multi-
ethnic and multi-religious state.
• Constitutionally speaking, the political structure established by
the charter was a federal type but not a full fledged federation.
• See Art. 12, 14, 9(3) of Proc. 7/92. which indicates that
National/regional self-government as well as National/Regional
Councils are accountable to the central government.

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• Even though there were central and regional

governments established and there was power
division, the regional governments were accountable
to the central government.
• This utterly departs from the principle of federalism.
• After a promising start, the disagreements that
ensued at the end of the transitional period, which led
to the withdrawal of major opposition groups, like the
OLF have stained the success of the transitional
period.
• This seems to have also stained the legitimacy of the
federal constitution that followed.
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• Based on this some argue that the Transitional

Period has not reversed the process of
political domination.
• The truth however is that Ethiopia has taken
major steps to reconcile itself with its existing
but denied diversity.
• On the basis of the transitional charter, new
federal constitution was drafted and adopted
establishing the FDRE.

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Chapter Four:
Features of the Federal System
of Ethiopia

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The Current Federal System of Ethiopia
• Federal Features
• There are some general features the existence of which may
help us classify a certain system of constitutional
arrangement federal or not.
• We also know that apart from some of the basic features
each federal system is unique in its own way.
• Based on this we try to address the federal features of the
Ethiopian system along with its unique features and its
limitations.
• With a view to addressing the age-old cause of the state
crisis, the federal system intends to decentralize power and
resources and resolve the "nationalities question" by
accommodating the country's various ethno-linguistic groups.
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Federal Features
• The constitution declares itself to have established ‘ a

Federal Democratic state’ and the federal democratic
Republic comprises of the Federal government and the state
members.
• 1.Two or more orders of governments
• The federal republic comprises of the federal government
and the state members. ( Art.50(1).
• The state and the federal governments shall not interfere in
each others powers.(Art.50(8).
• 2. Constitutional division of Powers
• Art 50(2) states that the federal government and the
regional states shall have legislative, executive and judicial
powers.
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Federal Features
• The federal government has enumerated and limited

powers and the states hold residual powers. By virtue of
the reserve clause, any power not mentioned in Article 51
belongs to the states.
• However, the Constitution gives other powers to the
federal government, powers which are not mentioned in
Article 51 but which are distributed throughout the text.
E.g. Under Art 55, labour law, criminal law etc...
• Therefore, the reserve powers of the states only apply
after discounting all the powers of the federal
government, which are enumerated throughout the text
of the Constitution, and not just in Article 51.
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Federal Features
• 3. Supreme, Rigid Constitution

• The constitution declares its supremacy and it cannot be
amended by order of government unilaterally. ( Art.9(1)).
• Amendment of the constitution require consent of both the
federal and regional states.(Art. 104 & 105).
• 4. An Umpire to deal with Constitutional Disputes
• The constitution authorises the non legislative house with
authority to interpret the constitution and deal with
constitutional disputes. (Art. 62(1)).
• 5.Mechanism for representation of the states in the federal
policy making organ
• 6. Inter governmental Relations
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Language Policy
• The issue of adopting one or more official languages

is one of the thorny points in multicultural
federations.
• Regional and ethno-linguistic groups usually press for
the official recognition of their language, both at
regional and federal levels.
• One reason is that language is seen as highly related
to the cultural self-identity, and survival of groups.
• Another is that it is intertwined with the power
position of ethnic groups.

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Language Policy
• It also affects chances of representation and

job opportunity in government sectors.
• The adoption of more than one official
language may be a substantial burden, but it is
a necessary price, which must be paid where
otherwise only an imposed single language is
likely to disrupt the state.
• The counterargument is that a single national
language serves both as lingua franca and as a
means for promoting national unity.
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Language Policy
• Both the Emperial and the military regimes in line with

the century of assimilation policy insisted on imposing
Amharic on the majority of the ethnic groups leaving no
room even at local levels in the interest of national unity.
• Formally, Amharic was the official language, but
essentially, it was also the national language.
• Primary education was mainly conducted in Amharic
aimed at creating an Amharic speaking population in the
long term.
• This has restricted the educational opportunity of non
Amharic speaking population for educational attainment
and participation as equal citizens in the state institutions.
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Language Policy
• The 1995 Federal Constitution attempts to balance the

interest of maintaining national unity on the one hand and
the ethno-linguistic groups demand for cultural preservation
and distinctiveness on the other.
• It declares under Art 5(2) Amharic as the working language
of the Federal Government but does not spell the official
language for communication between the federal
government and the states although as a matter of practice,
Amharic remains to be so.
• The present Constitution under Art 5(3) entitles member
states to determine by law their respective working
languages. This opens the way for the states to adopt their
own working languages from among the local languages.
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Language Policy
• Looking at the practical records of the regional states,

three different approaches seem discernible.
• First, some states have adopted their own majority
language as the working language of their respective
regional administrations. Amhara, Tigray, Oromia, Afar,
and Somali fall into this category.
• Other states that do not have a majority ethnic group
(Benishangul-Gumuz, SNNPRS and Gambela) have chosen
Amharic as their respective working languages.
• The third trend is the bilingualism adopted by the state of
the Harari Regional State, where Harari and Afaan Oromo
have been chosen as working languages.
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Language Policy
• Education and Training Policy Provides:

• Three plus Language education; Mother tongue, Amharic and
English.
• Aims: Multilingual Students, Capable MT, Regional, National,
International Communications.
• It is also recommended that students in bordering regions need to
learn the major language of the other regions for cultural
communication.
• Rooted: In Multilingual Visions of Federal Ethiopia
• Measure of Success : Promotion of Bilingualism /Multilingualism
among each nationality.
• Are we creating multilingual students now?
• Some consider the position taken by the federal constitution as too
much amounting to creation of the Tower of Babel in Ethiopia.
• Others considers is too little as a continued dominance of Amharic
and the Amhara culture in the state..
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Unique Features of the Ethiopian Federal System
• Even though the Ethiopian federal system shares some similar

features with other federations it has also got some unique
features that sets it apart from others.
• 1. Unicameral Legislature
• The 1995 Ethiopian Constitution provides for a two house
federal parliament: the HOPR and the HOF.
• Nevertheless, this is in some sense misleading because the
second/upper chamber (HOF) is not part of the law making
process at federal level. In other words, federal law does not
need the consent of the HOF, to be a law.
• Because of this it fails to give a chance for ethno national groups
participation in federal law making. Fails to act as a counter
majoritarian system.

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Unique Features
• 2. Non Judicial Constitutional Interpretation

• The Ethiopian federal system departs from the convention of
constitutional interpretation by the judiciary - Supreme Court or
Constitutional Court.
• It grants the HOF among other things with the power to interpret
the Constitution, resolution of disputes among the regions.
• Particularly the power of interpreting the constitution makes the
HOF of Ethiopia unique.
• Why the HOF and not the Judiciary to interpret the constitution?
• Two reasons: Ideological and historical.
– the constitution is a “political contract among the nationalities”
that should be interpreted by a politically representative organ.
– Bad reputation of the judiciary as collaborator in violation of
rights in the past regimes.

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Unique Features
• 3. Secession Clause and Implications
• Another unique feature of the Ethiopian federation is related to the
issue of secession. This is one of the highly contested provisions of
the Constitution.
• Article 39 of the Constitution expressly incorporates the right of
nationalities to secede after complying with some procedures.
• As clearly stated under Art 93 this right cannot even be suspended
during a state of emergency.
• The arguments for the inclusion of secession are based on the
notion of nationalities’ right to self-determination, which in turn is
the outcome of the leftist oriented Ethiopian Student Movement of
the 1960s, the ideology of the ‘nationality question’ and as
implemented by EPRDF.
• Controversy surrounds the meaning , implication and
implementation of this right to self determination.
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Unique Features
• 4. Explicit Recognition of Nations ,Nationalities and Peoples as
Building Block of the Federation and Its Implications
• One feature one notices throughout the Constitution is the utmost
importance given to the ethno-linguistic groups within the
Ethiopian polity.
• It insists that there must be some congruence between the nation,
nationality and territory they inhabit.
• While this provision does not in so many words state that they are
organized along ethnic lines, most analysts and practice so far, make
it clear that the key factor in delineating the states seems to have
focused mainly on the criteria of language.
• The notion of granting to the nations/nationalities their own
“mother” states as enshrined in the Constitution entitles every
nation/nationality (to those who have not yet been granted a state)
the right to establish their own state at any time under Art 47
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Unique Features
• Many multicultural federal systems like India and

Switzerland provide one way or another recognition and
accommodation to groups.
• But the most striking feature of the Ethiopian federal
system, from many others, is the “explicitness, at
constitutional level, of its affirmation of the national self-
determination and the logical consistency with which it
attempts to institutionalize that principle.”
• It is the state and the Constitution itself that encourages
any group to think itself as a nation/nationality and
promote it as a candidate for statehood.
• The granting of “mother” states to some of the major
nationalities is a logical consequence of this.
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Limitations of the Federal Arrangement
• 1. Issue of Legitimacy of the Constitution
• The term legitimacy connotes acceptability. It is about popular
recognition and acceptance. It refers to the belief among a large
number of people that the constitutional text needs to be obeyed by
all.
• Two kinds of legitimacy: Original Legitimacy and Derivative
legitimacy.
• Those constitutions that are born in the context of an overwhelming
consensus that engendered the participation of all sectors of the
population, and has as a result developed a content that is entirely
compatible with the socio cultural and political context might have a
strong original legitimacy.
• Constitutions also gain a legitimacy that emerges as their clauses are
implemented to the satisfaction of most of the members of the polity.
This kind of legitimacy is an earned/derivative legitimacy.
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• Constitutions legitimacy is a matter of degree not a matter of

absence or presence. Over time, legitimacy might have its own
ebb and flow.
• Often it is said no constitution obtains such a strong legitimacy in
its formative years.
• When we come to the situation of the FDRE constitution, it seems
it suffers from a very low original legitimacy.
• The making process which was dominated by the EPRDF, has
resulted in a discontent among some political factions in Ethiopia.
• The discontent has affected the level of popular acceptability
the constitution commands.
• Owing to the lack of original legitimacy and the discontents
created by the gap between the law and the practice, there is a
consequent weak exerted authority of the constitution.
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• While there is no gainsaying that the Ethiopian constitution

had a weak original legitimacy, over time it has gained a
degree of derivative legitimacy.
• One sign of this is the increasing involvement of many
(opposition) political parties in elections over the years and the
progressively broader participation of the public in the same.
• On the other hand, equally no one denies that the practice has
manifested number of shortcomings that severely undermine
the earned legitimacy.
• The centralising trend in the federation, Particularly the gap
that exists between the constitutional theory and the practice
on the ground is undermining the constitutional legitimacy.

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Limitations of the Ethiopian System
• 2.Absence of Federal Supremacy clause

• Unlike other federations that clearly provide for the
paramountcy of the federal laws in case of conflict
between the federal and state laws, there is no such
indication in the Ethiopian system.
• The focus is said to be more on self rule than shared rule
that can be expressed by federal laws and policy.
• In practice however, due to the centralising trend and due
to the existence of dominant party controlling both the
federal and regional governments the federal laws are
treated with respect.
• Conflicting laws and policies are not rampant.
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• 3.Failure to Take in to Account Historic Mobility and Inter

Group Relations
• Because of basic principle enshrined in the constitution that
requires regional state boundaries to coincide with at least
some of the major nationalities, the federal system assumes
that every nationality is found inhabiting a territorially defined
geographic area.
• The decision to create a multicultural federation that assumes
the distinct existence of each group not only creates hard
boundaries between them but also underestimates the
existence of a shared history among the groups.
• More over the existence of some cultural traits that are shared
across regional state boundaries and common religious
affiliation by people of different ethnic ,cultural and
geographical origin also stands as some of the cross cutting
factors that are not Federalism:Sultan
capitalised
aw on.
Kassim H U, College of L
• If the federal system is able to translate the factors that

cut across regional state boundaries in the political
process, there is a strong possibility to counterbalance
fragmentation.
• It is asserted that besides the nationality question, the
core of the state crisis is the concentration of power and
resources.
• Hence, the attempt to address the nationality question is
only a partial, not a full-fledged solution.
• Therefore, not only the question of nationality but also
the question of access to power and economic resources
should have been given equal, if not greater importance.
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• 4.Systemic Problems Related to Management of Conflicts

• One can classify conflicts in Ethiopia terming them pre federal
and post federal conflicts.
• In pre federal Ethiopia for the large part of the 20 th century, two
main issues are visible in the political conflicts. These are the
issue of class and ethnicity.
• The 1947 Revolution dealt with the issue of class hierarchy but
failed to deal with the issue of status or ethnicity.
• Following the downfall of the Derg regime and with the
establishment of the transitional charter and later on the FDRE
constitution in 1995, multinational form of federalism was
introduced to address the old ethno - national conflicts directly.
• By this it has dealt with most of the pre federal conflicts.

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• The federal system while dealing with old conflicts on one

hand it also gave birth to new types of conflicts, the post
federal conflicts.
1) An intensified quest for self-determination and distinct
identity that could lead to the fragmentation of regional
states arose in many places by local elites. The Silte case,
The WOGAGODA incident etc.
2) Border disputes between and within states. Oromiya
Somali, Oromiya SNNPR, etc.
3) Competition for Federal grant and subsidy; The Grant
subsidy is revised four times in seven years.
4) Quest for having one’s language given co equal status as
local or federal working language. The Oromo claim for
status of federal working language.
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5) Conflict over mistrust about one’s lot within a state

or in the country. The case of Oromiya or Somali
region vis-à-vis Ethiopia and tat of Sidama or Gamo
vis-à-vis the SNNPR.
6) The competition for access to and authority over
federal, state and local capital cities. The conflict
over Finfinne and over Hawassa.
7) The emergence new minorities within minorities
who are now unattended by the federal system.
Minorities in non- mother states, e.g. the claim of
the highlanders in Gambella & Benishangul, the
claim of Amharas in Harari region.
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• The Ethiopian federal system while it addressed some of

the old and new conflicts, it remains ill equipped
institutionally and procedurally for the new conflicts it
ignited.
• The constitution has envisaged for the establishment of
some institutions like the House of federation and provided
for some mechanisms to deal with some of the conflicts.
• However, this system is said to be inadequate to deal with
the complex nature of conflicts and their management.
• Currently it is being overshadowed by Ministry of Federal
Affairs that has overlapping powers with the house in
conflict management.
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Chapter Five
Division of Legislative and
Executive Powers in Federations

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Objectives of Distribution of Powers and
Responsibilities
• Every federation has a constitutionally mandated division of
power assigned to federal, Regional and local governments.
• This division of powers is intended to achieve certain
objectives.
• A. Promoting Unity in diversity
• Distribution of powers helps constituent units to preserve
their social, cultural, economic and political diversities.
• Diverse interests of the communities can be preserved by
decentralising powers and functions to a jurisdiction which
can satisfy residents preferences more than the center.

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Objectives of Distribution of Powers
• B. Promotion of Public Participation

• Distribution of powers enables the public to
administer themselves and to take the initiative
in the development planning and
administration.
• It strengthens public participation by bringing
the government closer to the public.
• Effective communication can be established
with the public to mobilise the local force, and
use local knowledge.
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Objectives of Distribution of Powers
• C. Efficiency
• Division of powers facilitates efficient service delivery.
• By relieving national governments from being tied up
with many local issues it enables them to focus on
primary issues.
• Increases the speed and flexibility of decision making
encourages more efficient use of existing resources.
• By creating competition among local and regional
governments it promotes efficient and effective
provision of public services.

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Two Models for Assigning Legal Powers
• There are two broadly different approaches to
distributing powers within federations:
– the dualist and integrated models.
• Many countries have elements of both.
• The dualist model typically assigns different
jurisdictions to each order of government, which
then delivers and administers its own programs.
• The integrated model provides for many shared
competences and the Regional governments often
administer centrally legislated programs or laws.

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Models for division of Powers
• In the dualist model the federal government’s
departments are present throughout the country.
• In practice, the dualist model does not achieve a
neat separation of powers because many
different responsibilities of governments are
themselves intertwined.
• In all dualist constitutions there are some shared
or concurrent powers in which both orders of
government can make laws.
• Canada, Brazil, and the United States are
examples of largely dualist federations.
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Models for division of Powers
• Under the integrated (or interlocking) model of federalism,
most matters are concurrent.
• The governments share roles. While the federal government
enacts laws on concurrent matter the administration of the
law is left for the states.
• Thus the central government has a small civil service in the
regions, largely limited to its areas of exclusive competence.
This model is also sometimes called administrative
federalism because the principal powers of the constituent
units are administrative.
• Germany, Austria, South Africa, and Spain follow the
interlocking model.
• Where does the Ethiopian System lie( dualist or integrated)?
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Types of Powers
👉Five Categories of Powers
1. Exclusive Powers
2. Residual Powers
3. Concurrent Powers
4. Framework Powers
5. Implied Powers

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Types of Powers
1. Exclusive powers
• Powers entirely left for the monopoly of one order
of government., either the federal or local.
• The assigned order of government can exclusively
exercise this power without interference.
• Different approaches Exist:
– Exclusive Federal list and residual power to states.
Eg.USA
– Exclusive State list and residual to Federal. E.g. Canada.
– Two list of exclusive to federal and state and concurrent
list. E.g. India.
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Types of Powers
• Residual Powers
• Those powers which are not included in the
exclusive or shared powers between
governments.
• Most of the time they are not enumerated
because they are unforeseen.
• If residual power assigned to regions it
supports their autonomy.
• If assigned to the federal government it
strengthens the center.
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Types of Powers
• Concurrent Powers
• Are powers shared between the federal and
state governments.
• May exist in many ways:
– Separate listing
– Dispersed in the constitution
– Acquired through practice and convention.

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Types of Powers
• Framework Powers
• Similar to concurrent powers as both the federal
and regional governments play a role in exercising
it.
• Are powers enactment of which is by federal
legislature and its implementation is left for states.
• Federal legislature makes general policy guide line
and states enact specific laws to implement it in
their context.
• E.g. Germany, Ethiopia
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Types of Powers
• Implied Powers
• Powers which are not specifically listed in the
constitution but are implied from the existing
exclusive list.
• These are powers which are considered
necessary and proper for executing the
enumerated powers. i.e. matters incidental to
the execution of power.
• Eg. The commerce clause.
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Main Contents of Federal Powers
• 1.Powers necessary for the continued unified existence of
the federation and hence inherently federal by their
nature.
– E.g. National defense, international or foreign relations,
citizenship, immigration and naturalization, and other
powers inherently intrinsic to these powers.
• 2. commercial powers that are essential for facilitating
local as well as international trade.
– E.g. interstate commerce, postal and
telecommunication services, weight and measures,
domestic currency coinage and foreign currency usage,
and banking, insurance, patents and copyright.
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Main Contents of Federal Powers
• 3. Powers that enables central government to

implement powers mentioned in the first and the second
category.
– E.g. powers over rail, air, water and road adjoining
two or more states transports
• 4. Powers dealing with protection of various social and
political issues.
– E.g. legislations concerning electoral laws, criminal
laws and procedures as well as enforcement of laws of
political rights such as press, demonstration and
registration of political parties

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Main Contents of state Powers
• 1.Powers dealing with public services
– E.g. Primary/Secondary education, Health care,
Municipal affairs,
• 2.Powers dealing with local security and
justice
– E.g. Police, courts etc
• 3.Powers relating to preservation of diversity
– E.g. Cultural, linguistic issues

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Division of Legislative Power under the FDRE
• Federal Powers
• Under the FDRE constitution, Art. 51 the
federal government is assigned the
responsibility on:
• National defense, foreign relations, monetary
policies, foreign investment and the
establishment and implementation of national
standards on health, education, science and
technology.
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Division of Powers under FDRE
• State Powers
• The nine regional states have equal powers and duties.
• Under Art.52 The Regional states are empowered to:
• Establish their own administration with responsibility
for the state’s civil service, law and order and the state
police force.
• Regional states formulate and execute Regional State
laws, economic, social, and developmental policies and
strategies as well as administer their own budgets.
• Above all, Regional States are empowered to adopt and
implement their regional constitution.

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Division of Powers under FDRE
• Concurrent Powers in Ethiopia
• E.g. Art.98 Concurrent Power of taxation, and on Civil and
Criminal laws
• Framework Powers in Ethiopia
• Federal government setting standards and principles but
implementation left to regions.
• Education, Public health, rural land administration,
preservation of culture and history.
• Social, economic & development strategies.
• Implied Powers in Ethiopia
• No clear indication but as some federal powers are broadly
designed, there is probability of implied powers in the future.

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Division of executive Power in Ethiopia
• In Ethiopia, each government has the power of
legislation and execution on matters that fall
under its respective jurisdiction.
• Federal laws are, therefore, implemented
through the federal executive unless otherwise
provided by the Constitution.
• There are cases where the Constitution
permits the central government to reserve
legislative power for itself and to leave its
administration to the states.
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Division of executive Power in Ethiopia
• E.g.1. When the federal government delegates its

powers and functions to be administered by the
states, as prescribed in Article 50 (9).
• E.g.2. When the federal government enacts law for
the utilization and conservation of land and other
natural resources, historical sites and objects, but its
administration is reserved for the states.
• E.g.3. The power to establish national standards
concerning public health, education, science and
technology is reserved for the centre though the
provision of these services is left to the states (Article
51 (3)).
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Chapter Six
Federalism and the Accommodation
of Diversity: The Ethiopian Experience

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Legal and Institutional Framework for Protecting Minority
Under The FDRE
• The Concept of Minority
• An adequate understanding of the status of minorities
usually hinges on how the notion of minority group is
envisaged and defined. Unfortunately, no clear definition has
yet emerged.
• A definition which has obtained wide currency is that
formulated by F. Capotoriti. Defines minority as:
• “A group numerically inferior to the rest of the population of
the state, in a non-dominant position, whose members being
nationals of the state- posses ethnic, religious or linguistic
characteristics differing from those of the rest of the
population and show, if only implicitly a sense of solidarity,
directed towards preserving their culture, traditions, religion
or language.” Federalism:Sultan Kassim H U, College of L
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Concept of Minority
• This definition bases itself on five criteria to constitute a
minority out of grouping of people.
• First, the group should be numerically inferior to the rest of
the population of the state concerned.
• Secondly, the group should be in a non-dominant position.
• Thirdly, members of the group should be nationals of the
state concerned.
• Fourthly, they should have some distinctive linguistic, ethnic
or religious characteristics different from the rest of the
population.
• Finally, the members of this group should manifest even
though implicitly, a certain sense of solidarity with the aim
of preserving the aforementioned distinctive characteristics
they poses. Federalism:Sultan Kassim H U, College of L
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Concept of Minority
• Often, scholars divide these criteria in to objective

and subjective factors.
• The objective factors include;
– having ethnic, religious, or linguistic characteristics
differing from those of the rest of the population/the
majority;
– being a non-dominant, numerical minority; and
– finally, having the nationality of the state concerned.
• The subjective aspect of the definition demands
that there is a sense of community and a collective
will to preserve the separate
characteristics/identity.
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The Context of Minorities Under the FDRE Constitution
• Coming to the situation in Ethiopia, the matter seems to be

more complex and even confusing. The absence of authoritative
definition and the existence of different notions and contexts
seem to contribute to the issue.
• In the Ethiopian context, one can identify at least, three different
notions of minority in Ethiopia.
• 1. The notion of minority on Federal level.
• In the federal context, if a majority is understood to be a
numerical majority dominating a certain political process, then
at federal level, none of the nationalities on their own qualify to
be a majority, for each of them are less than fifty percent of the
total population of the country.
• In this context therefore, Ethiopia is a country of minorities who
can claim protection.Federalism:Sultan Kassim H U, College of L
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Notion of Minority in Ethiopia
• 2. The notion of minorities on regional state level.

• In this regard, one can identify three variants of
minorities.
• Firstly, we have ethnic groups who may have their
own “mother state” where they are dominant but
some of them are living in another regional state.
• This category of minority are dubbed by Beken as
“exogenous groups” implying that they have
moved to the region in a more recent past and can
therefore be seen as internal migrants or peoples
in the region.
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• The second variant of minority on regional level

is those minorities who does not have their own
Zonal or Special Woreda administration even if
other ethnic groups in the region have a certain
territory under their administration.
• This situation is clearly vivid in the SNNPPR
where some ethnic groups have their own Zones
or Special Woredas while others, two or more of
them are lumped together and live in one multi
ethnic Zone or Woreda.
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• The third variant of minorities on state level is un

usual and relates to the political power balance of
the ethnic groups emanates from the constitutional
allocation of territories to some numerically minor
ethnic groups to have a dominant political power
over numerically major groups.
• This directly relates to the case of the Harari
Regional State where the numerically minority
Hararis enjoy a politically dominant position over the
numerically superior Oromos & Amharas living in the
Regional State.
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• 3. Notion of minorities under electoral laws
• Another important notion of minority exists in relation to the use
of the term "minority nationality" for purpose of representation
and electoral laws. The FDRE constitution mentions under Art
54(3) the need for reservation of at least 20 seats for minority
nationalities without actually defining the term “minority”.
• However, the electoral laws (Proclamation No. 64/1993 and
Proclamation No. 111/1995) seem to give some implicit
demarcation for purpose of representation in the house of
peoples representatives, one electoral constituency being
100,000 people to be represented by one seat in the HOPR.
• Hence, one may conclude that, implicitly minority nationality
refers to those ethnic groups whose population is less than
100,000.

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• Failure to Recognise Religious Minorities and Exogenous

Groups
• The constitution does not seem to recognize religious and
linguistic minorities and exogenous groups.
• In relation to religion, this seemed to be owing to the right
to religious freedom which is predominantly understood to
be an individual right and the concept of separation of state
and religion as used in Ethiopia that does not allow religion
to be a politically salient rallying point.
• Moreover looking at prohibition on establishing political
party based on religion, one can conclude that, the
constitution does not seem to recognize religious minorities.

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• It should be noted that there is some sense of group right

of religious groups recognized in relation to establishing
religious schools, institutions of religious governance etc.
however, these group rights does not have a direct
political bearing.
• With regard to exogenous groups, as the constitution
purports to create mother states for the indigenous
nationalities in their own areas, it has not said any thing
about those exogenous groups that exist in the regions
and whose co-ethnics have a state in another area.
• So the constitution creates three kinds of minorities
( religious, exogenous groups, and ethnic minorities) but
recognises only one, i.e. ethnic minorities ignoring others.
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Right to Self Determination and Its Elements
• Meaning:
• “The right of all peoples to determine their
political future and freely to pursue their
economic, social and cultural development.”
• Politically manifested through independence as
well as self-government, local autonomy, or some
other forms of participation in government.
• It operates both externally and internally to
ensure democratic government and the absence
of internal or external domination.
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Self Determination and Elements
• Consists of three fundamental aspects:

• (1) The external aspect, by virtue of which peoples
determine their international political status,
• i.e., whether to enjoy complete political independence, or
merely, self-government, or one form of association or
another.
• (2) The first internal aspect is by virtue of which the right
of peoples to be the complete masters of their own
territories is recognized.
• (3)The second internal aspect involves the right of the
people freely to choose their political institutions,
representatives and to participate in the process of
governance.
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The Right to Self Government and Equitable
Representation of Minorities on Federal Level
• Three important and interrelated aspects of Right to

self Determination in Ethiopia.
• 1) the aspect of the preservation and
promotion of linguistic and cultural diversity,
• 2) the aspect of the right of every ethnic
community to political autonomy, self
government and participation in the federal
decision making process, and
• 3) the aspect of the right to secession.
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I. The Right to self Government
• The constitution provides as one aspect of the right to self

determination the right to self government under art.39(3).
• An important question is how this related to minority nationalities
and whether the constitution provides specific measures to
ensure self-government and representation of minorities.
• In relation to the nature of the right to self-government as
expressed through establishing governmental institutions, the
right seems to be very general and lacks specificity as to how it
could be applied by minority nationalities.
• In spite of its lack of specificity about minority groups, the
constitution has outlined a mechanism for the exercise of the
right to self-determination of each Nation, Nationality and People
stated under Art.39 essentially through the territorial mechanism.

aw
The Right to self Government
• Accordingly Art.47 lists nine Regional States whose boundary

are deemed to be delimited based on the basis of the
settlement pattern, language , identity and consent of the
people inhabiting them.
• The unanswered question however is to which ethnic groups
does this provision apply?
• Is it referring to those ethnic groups in whose name no
regional state is established like the Sidama in the SNNPR or
does it also include those people who have a region
established in their own name but who live in another region
as minority?
• For instance, can the Amharas or the Oromos in
Benishangul/Gumuz Region establish their own separate
state? Federalism:Sultan Kassim H U, College of L
aw
The Right to self Government
• On the other hand, are they going to be curtailed

since their co- ethnic groups have already
established another region by the same name?
• In this connection, the greatest omission of the
constitution is, the failure to expressly guarantee the
right of minority nationalities to have their own
special zones or special woredas alongside with the
recognition to establish their own region and
regulate their status.
• Regional constitutional developments seem to tackle
this subject at least partially.
aw
II. The Right to Equitable Representation
• The other important aspect of right to self- determination
along side with right to self-government is the right for
equitable representation.
• It has provided under Art 54(3) for special representation
of seats dedicated for minority nationalities, which are at
least 20 in number in the House of Peoples
representatives.
• Moreover as it is stated under Art 61(2) each Nation,
Nationality and People have got at least one
representative in the Federal upper house, the House of
Federations without regard to how insignificant the
number of the population of the ethnic group may be.
aw
Equitable Representation
• Recognising the need of minorities and reserving

seats by itself is a great stride to protect minorities.
• A closer look however reveals that the fact is
otherwise.
• A look at the number of seats the House of Peoples
Representative can have in total and the number of
minority nationalities in the country and the seat
reserved for them does not seem to match.
• Even this reservation of seats cannot achieve its
objective all by itself without another institutional
set up to make minority representation meaningful.
aw
Equitable Representation
• This is because the voting system to pass decisions in

the House is essentially majoritarian and the larger
ethnic groups having majority seats could easily out
vote minorities.
• In view of some writers, the constitution gave minority
nationalities disproportionate representation at the
expense of larger ethnic groups in the HOF.
• However, the same majoritarian voting system operates
in the only house of nationalities HOF.
• In conclusion the FDRE Constitution creates many types
of minorities but fails to provide for their protection.

aw
Federalism and Accommodation of Diversity In the
Regional States of Ethiopia
• Over View of Regional Constitutions
• All of the nine states in Ethiopia have their own Constitutions.
Most of them had it in force since 1995 although the state of
Afar formally adopted its constitution only in 1998.
• In their making, most of the state constitutions hardly had an
elaborate procedure. Unlike the federal constitution, which
had to pass through the conventional stages of drafting,
deliberation and adoption, the state constitutions were
simply adopted by the state legislature, after being drafted by
the legal standing committees of the respective states.
• In their size, most of these constitutions are very compact,
clear and precise. Most of them in their old version were
even shorter than the Federal constitution.
aw
Over View of Regional Constitutions
• However, after their revision in 2001 most of them come

to have longer texts than the federal constitution reaching
up to 128 Articles as in the case of the SNNPRS
Constitution.
• In form, both in the legal/ Political vocabulary used in the
drafting techniques and styles, there was similarity not
only between the state constitutions and the federal
constitution but also among the state constitutions
themselves.
• This similarity might have resulted from the fact that most
states followed model draft by the then States’ Affairs
desk of the office of the Federal Prime minister.
aw
Over View of Regional Constitutions
• Most of the state constitutions deal with the powers

and organizational set up of the local governments
(Zones, Woreda, and Special Woreda, etc.) after
restating the stipulations of the federal government
regarding the powers of the state governments.
• The provisions on the state and local government
powers are more detailed and extensive than the
federal constitution.
• One should note that state constitutions explicitly
recognize local government at the Woreda level
after their revision in 2001.

aw
Regional Constitutional Mechanisms to Accommodate
Diversity
• Different routes are taken towards endogenous and

exogenous groups among various regions.
• Some regional constitutions (such as that of Benishangul-
Gumuz) explicitly provide for this differentiation, but
most constitutions only recognise this implicitly.
• Endogenous groups are people who have been living in
the region for a long time; they are peoples of the region.
• Exogenous groups have moved to the region in a more
recent past and can therefore be seen as internal
migrants or peoples in the region.

aw
Regional Constitutional Mechanisms
• These exogenous groups cannot enjoy specific

protection in the region. These same exogenous
groups are endogenous in another region and it is
there that they can enjoy such protection.
• The analysis of constitutions and practice shows
that only endogenous groups enjoy specific
protective mechanisms in the regions.
• Eg. Art.2 of Benishangul Gumuz Regional
Constitution lists Berta, Gumuz, Shinasha, Mao and
Como as indogenous groups with right to self
determination.
aw
• Eg. Art.39(6) of Amhara Regional State provides that in

addition to the Amhara group the right to self
determination will apply with respect to the Himra, Awi
and Oromo people.
• The stated nationalities have their territorial
administration. But not others which are considered
exogenous. Eg. The Argoba
• Special Protection for some endogenous groups
• Eg. The Oromo in Harari Regional State Art.18 Provides
for special protection for the culture & language of the
Oromo People.
aw
• In those regions, where next to the dominant

group, no other endogenous groups are
recognized (as in Oromiya), the regional
constitution does not include mechanisms for
ethnic minorities.
• Ar.t. 8 of Oromia Regional Constitution: “Sovereign
power in the region rests in the people of the
Oromo Nation.”
• Art.39(6) of Oromia Constitution states that:
“People of the Oromo nation Refers to only People
of the Oromo ethnic group.”
aw
• In those regions where ethnic minorities are recognized,
the regional constitutions contain protective
mechanisms that can be divided into three categories.
• The first category aims at creating self-administration for
ethnic minorities on a territorial basis. Within their own
territories (Zone, Special Wereda, Nationality
Administration), these minorities have a right to self-
administration.
• These territorial entities have their own councils and
executive organs and have important competences such
as the power to choose their own working languages.
• This practice is followed in the Amhara, SNNPR Regions.

aw
• The second category of protective mechanisms is the
inclusion of representatives of ethnic minorities in the
regional institutions as in the guarantee of seats in regional
parliaments granted to ethnic minorities.
• In the Southern region this guarantee goes further: the
Southern constitution additionally creates a second
chamber of the regional parliament wherein all
(endogenous) groups have a right to be represented.
• With regard to the executive power, the regional
constitutions do not provide for guaranteed representation.
• Finally, the interests of ethnic minority groups are protected
by the guaranteed representation of ethnic minorities in the
organ competent for constitutional interpretation.
aw
General constitutional Protections
• How can we tackle the gap of absence of group specific
rights for exogenous groups?
• The lack of group-specific rights for exogenous minorities
does not preclude the fact that all Ethiopian citizens, no
matter where they live on the Ethiopian territory, can claim
equal universal rights.
• Right to equality before the law, right to reside, to work and
move, right to elect & be elected etc.
• How strong are regional institutions in enforcing these
rights? Can we trust regional institutions?
• How capable are federal institutions in enforcing rights
under federal constitution in the territory of regional states?
aw

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Federalism

By: Sultan Kassim

Federalism:Sultan Kassim H U, College of

• Has to do with the need of people and polities to unite for

• “Federal political systems” and “federations” are

• Federal Political Systems :

Federalism:Sultan Kassim H U, College of L

• “Federations: Compound polities, combining

Federalism:Sultan Kassim H U, College of L

• Historical examples include Switzerland 1291–

Federalism:Sultan Kassim H U, College of L

• Multinational Vs. Nation-state Federations

• Coming together Vs. Holding together

Federalism:Sultan Kassim H U, College of L

Federalism:Sultan Kassim H U, College of L

• 3. Provision for the designated

Federalism:Sultan Kassim H U, College of L

Federalism:Sultan Kassim H U, College of L

• 1. Nature and Performance of the political

• 2.The specific society under which the federal

• 3. The existence or absence of democratic pluralism

Federalism:Sultan Kassim H U, College of L

• 4.The presence or absence of an inbuilt spirit

Federalism:Sultan Kassim H U, College of L

Federalism:Sultan Kassim H U, College of L

• Is Federalism an obsolete 19th c Form of Government?

Federalism:Sultan Kassim H U, College of L

• At present, among the 192 States recognized by UN,

Federalism:Sultan Kassim H U, College of L

• 5. Greater Economy of scales

Federalism:Sultan Kassim H U, College of L

Federations & Second Chambers

Federalism:Sultan Kassim H U, College of L

Federalism:Sultan Kassim H U, College of L

• A. To Represent the interests of states

• In federations the federal legislature should represent

Federalism:Sultan Kassim H U, College of L

• Second chambers are expression of shared

Federalism:Sultan Kassim H U, College of L

• Equal Representation of states (Territorial Equality)

• The same principle is adopted under the Swiss

• The German Bundesrat’s seats are allocated on a weighted

• In Germany, the members of the Bundesrat are delegates of

Federalism:Sultan Kassim H U, College of L

• The FDRE Constitution provides for two federal houses.

• Limited Role of HoF in Law Making

• The only provisions where one may by stretch of

Federalism:Sultan Kassim H U, College of L

• Problems in acting as counter majoritarian

Federalism:Sultan Kassim H U, College of L

• In relation to Selection of Members

Federalism:Sultan Kassim H U, College of L

• In Germany, they represent the Land government,

Federalism:Sultan Kassim H U, College of L

Federalism:Sultan Kassim H U, College of L

• At the other extreme, some upper houses are

Federalism:Sultan Kassim H U, College of L