Center for Federalism Studies

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Critical Analysis of the Applicability of the Right to Development in the Ethiopian Context
(Addis Ababa University, 2001) Belay Getachew; Mellese Damtie
The Right to Development, after a long time discourse is internationally recognized as a universal and inalienable right and integral part of fundamental human rights. It is also further elaborated in the context of all human rights both individual and collective providing priority to fight against absolute poverty integrating environment in a framework of sustainable development. Ethiopia has also guaranteed the principle of the RTD in the FDRE Constitution. States have the duty to formulate development polices for the realization of the RTD. In this respect, the FDRE Constitution incorporated economic, social and environmental objectives whereby laws and policies guided and implemented thereof. The Government consecutively, formulated national development policies in light of addressing sustainable development from the social, economic and environmental perspectives. Thus, in this research, it has been tried to examine the applicability of the RTD in the Ethiopian context. In order to critically analyze the implementation of the RTD and its constitutive rights such as the right to improved living standards and the right to sustainable development, different methods based on primary and secondary sources have been applied. To this end, the essence, legal status and major implementation constraints have been critically assessed. For this purpose, the constitutionally recognized right of public participation is thoroughly discussed in line with development processes. For the implementation of the RTD and its constitutive rights in Ethiopia, policy issues are outlined but the challenge is lack of specific directives or instruments and absence of effective evaluation and monitoring programs. All these problems are reflected in various sectors. More importantly, absence of effective public participation in different development activities is also identified. Therefore, if the government puts the social, economic and environmental development programs in integrated manner into practice, sustainable development can be ensured which, in turn, the principle of the RTD in Ethiopia will be progressively realized.
The Impact of Fiscal Decentralization on Urban Public Service Delivery in Oromia: Comparative Study on Chiro and Sebeta Towns
(Addis Ababa, Ethiopia, 2014) Samuel Kebede; Ghebrehiwet Tesfai
The main objective of the study is to investigate the capability of Chiro and Sebeta urban administrations to provide their re~pective residents with preference based services, to identifY the possible problems constraining their efforts with this regard and to propose appropriate solutions to the problems. The study employed more of qualitative method. Accordingly, the fiscal powers andfill1ct ions as well as the fiscal autonomy of the ULGs in ORS in general and that of the study areas in particular are looked into thoroughly. The investigation started with the scrutiny made on legal frameworks in place for local governments including ULGs both at the federal and regional level. Primary and secondary data are collected and analyzed accordingly. Structured and unstructured interviews are carried out with pertinent officials and experts Fom the municipalities and sector offices of the study areas as well as Fom the federal and regional government offices. Group discussions of stakeholders and field observations that focused on selected services are also part of the study process. The introduction of legal Fame works that weakened the autonomy of the urban administrations, inappropriate interferences Fom the regional government, the mismatch between the taxation powers and expenditure responsibilities of the urban administrations and lack of capacity to administer taxes and to carry out expenditure responsibilities are among the findings of the study. As a result, it is concluded that the urban administrations under consideration are not in a position to render appropriate level and mix of local public goods and services. In light of the findings, it is recommended that there is a need to enhance the autonomy of the urban administrations in a manner it tackles the multi faceted inte!ference fi-om the regional government. Boosting the taxation power of the ULGs and allowing them to access additional financial sources so as to help them match their .financial capacity with their expenditure responsibilities is found to be equally important. Redesigning the grant transfer arrangement in a manner it takes the economic disparities along jurisdictions into consideration is also part of the recommendation.
Federation among Unequals; Implications and Moderation of Political Asymmetry in Ethiopia’s Federal System
(Addis Ababa University, 2014-04) Biniyam Negash; Yonatan T. Fesseha
The Impact of Asymmetrical Representation of Federated Units in the Ethiopian Federation on Decision Making Process: Case Study of House of Federation
(Addis Ababa University, 2014-05) Seid Ali; Assefa Fiseha
Fair and proper representation of federated units especially the minorities in the central institution is the tradition of federations. The second chamber is one institution which federated units are represented and participated in decision making process at the center. Most federations give equal representation to all member states in the second house irrespective of population number to protect the minorities from the domination of larger units. While others use population number as a major criterion, still some others, though they use population number as a criteria they gives weighty advantage to less populous regions to protect their interests. Unlike others, in Ethiopian federation the second chamber is composed of nation, nationality and peoples. The states are indirectly represented by the nation, nationalities and peoples they hosts. This system creates a wide gap in winning of seats among member states as the number of population and diversity of the region is considerably differ from each other. as a result, since all decision of the house is passed by simple majority vote, it pave the way that strongly represented regions control all decisions of the House in their interest at the cost of smaller regions. In view of that, the paper assess the impact of these system of representation practiced in the House of Federation in the decision making processes particularly on the determination of formulas in the allocation of subsidies to regions. For examination of this study qualitative method was employed with multiple data collection tools like, document analysis and interview with concerned government officials at the federal and regional governments. Purposeful sampling techniques are applied to select the respondents. The investigation suggests that, the representation set up has an impact on regions with small number of representative in the HoF on the decision making process of subsidy allocation formula because of their marginal number of seats. Though the HoF represents all federated units, most seats of the House are constituted by some more populous and diversified regions and the minorities are not in a position to influence the decisions and safeguard their interests and their representations are nominal just to notify their concerns not to really participate and influence in the decisions of the House. Thus, the findings recommend that, the minority should gain adequate power on decision making process of the House to protect themselves from majoritarian decision
Implementation of Manufacturing Foreign Direct Investment in Ethiopia: The Case of Addis Ababa City Administration and Oromia National Regional State
(Addis Ababa University, 2014-05) Getahun Negash; kidane Kiros
Many developing countries are competing to attract foreign direct investment with a belief that it can be a tool for development. The Ethiopian government has opened several economic sectors to foreign investors and issued several investment incentives for foreign investors. Since the market oriented economic reform took place in 1992, emphasis has been given to attracting FDI. In this study, implementation of manufacturing foreign direct investment is analyzed using the case of Addis Ababa City Administration and Oromia National Regional State. The study is based on both primary and secondary data from investors, professional experts, Government officials and local administration of the investment areas, the Ethiopian Investment Agency, UNCTADs database and the World Bank’s world development indicators. The period covered in the study is from 2004 to 2013. The results show that the implementation of FDI has been very low. This may be due to the administrative problem of investment facilitation, provision of land, provision of power supply, and provision of finance, underdevelopment of human capital, low performance of governmental institutions to facilitate investment services, and corruption. The fact that implementation of FDI is low, these has an important implication for policy makers, especially trade and FDI policies must be checked closely in order to make FDI growth enhancing in Ethiopia. The profitability of any FDI to a given host country depends on that respective country’s government role in the overall management of the sector. Finally, the study concludes by providing certain necessary suggestions that may help the government to get due benefits from FDI in manufacturing industries and consequently address some challenges that hampered the process of the implementation and thus strengthen the prospects of foreign direct investment in manufacturing investments.
Conditional Grant Allocation and its Implementation in the Ethiopia Federal System: A Comparative Study of Afar, Amhara, Oromia and Somali Regional National States
(Addis Ababa University, 2014-05) Duguma Fulea Desisa; Ghebrehiwet Tesfai
Conditional grant allocation, distribution and utilization in Federal Democratic Republic of Ethiopia (FDRE) encountered various challenges which become obstacles to the intended objective (purpose) of the grant. This thesis is a comparative study that attempts to assess the mechanisms and/or formulas that are used for allocating; distributing and disbursing conditional grants through channel one and channel two federal transfers. Put differently, it devotes to examine the challenges faced and the impact of the distribution and disbursement of conditional grant on equity and budget autonomy of the Afar, Amhara, Oromia and Somali national regional states. The theoretical concepts of conditional grant, kinds, allocations and distributions were reviewed in line of this study problem. Methodologically, the study used both qualitative and quantitative eclectic approaches. The analysis part was supported by literature, legal and official documents by using instruments such as tables, percentages, averages and graphs. The findings of the study show that the allocation and distribution of conditional grant to the study areas was/is formula based but lacks fairness in its distribution while disbursement of conditional grants were made on performance (out-put) based. All regions examined did not receive the grant as scheduled due to their inefficient utilization of the budget and inefficient performance in meeting the objective of the project. The distribution of millennium Development Goal (MDG) uses the unconditional grant distribution formula which did not put in to consideration the unit cost of the projects among the regions examined. The General Education Quality Improvement Program (GEQIP) and Productive Safety Net program (PSNP) in per-capita distribution fevers to relatively developed regions as compared to emerging regions. The selection of eligible states of Urban Local Government Development Program (ULGDP) has tended to favor the relatively developed regions as compared to emerging regions under examined. The channel one conditional grants have resulted in less negative impact on regional budget autonomy and on equity but channel two conditional grants (loans and assistances part of the subsidy) highly affects regional budget autonomy and equity as it makes some regions losers and the others gainers. Finally, the thesis provides possible policy recommendations.
A Critical Assessment of Prisoners’ Right in the Oromia National Regional State: The Case of Burayu Prison Administration
(Addis Ababa University, 2014-05) Rebuma Tefera; Girma Gizaw
The paper strongly emphasizes on the critical assessment of prisoners’ rights in Oromia National Regional State particularly the prisoners’ rights of Burayu Prison Administration. Accordingly, the aim of this research is to assess the handling and the treatments of prisoners’ rights according to International Prisoners’ Rights that provided under the FDRE and ONRS Constitutions. Thus, in order to identify the problems concerning the protections of prisoners’ right in the Burayu Prison Administration, deep interviews were conducted with prisoners and with top officials of different prison institutions both at Federal and Oromya Region. In doing so, the paper indentified the problems concerning the protection of prisoners’ rights to food and water, free medical services, the right to sanitations, the right to accommodation, the right to bedding and clothing, the right to contact with families, legal and religious counselors, the right to classification in terms of their sex, age, types of the crime committed and seriousness of the crime for which imprisoned. The study, additionally, examine the role of Federal Prison Commission for the protections of prisoners in the country. Hence, the research discovered that, there are poor handling and ill-treatments of prisoners in the Burayu Prison Administration. And also, both Burayu Prison Administration and the Oromia Prison Commission are not in a position to effectively work concerning the treatments of prisoners. Further, the existing proclamation and regulation regarding to the treatments of prisoners could not properly protect the rights of prisoners because both the proclamation and regulation not clearly provide the rights of prisoners as provided in other International Human Rights that directly related with protection of prisoners.Based on the findings, the researcher proposed the amendments of the existing regulations for the protections of prisoners’ rights and the need of a country-wide minimum standards and rules that govern every prisons institution of the country. Key words: prisoners’ rights, prison administration, prison institution, international human rights principle, Burayu Prison Administration, Oromia Prison Commission, Federal Prison Commission, minimum standard rules, prison treatments and handling of prisoners.
Implication of Cassation Over Cassation in the Ethiopian Federal Context: With Special Reference to the Principle of Self-determination
(Addis Ababa University, 2014-05) Abdissa Dashura; Girma Gizaw
The paper strongly emphasize on the implication of Cassation over Cassation in Ethiopian federal context: with special reference to the principle of Self-Determination. Principally, the FDRE Constitution has established ethnic based self-governing federal arrangement in one hand and incorporates separation of powers especially, dual Court (dual Cassation) system in Ethiopian federalism on the other. Besides this ethnic federalism and the principle of self-determination has been established as a cornerstone of the federal system. The main issue to be addressed in this paper is as whether the Federal Supreme Court Cassation division has been exercising its function properly within a scope allocated between the federal government and regional governments, or in the way contradicting with the principle of self-determination. The thesis has also tried to explore the government bodies to take necessary measures based on theory of separation of power in giving the required remedy in the practice of Cassation over Cassation. In doing so the writer has analyzed real cases that are State matters in nature but finally decided by federal Supreme Court cassation division. The writer has also provided interview responses and sample respondents from targeted groups who generously cooperated in giving a proper answers to the questionnaires and further scrutinizing the meaning of Ethiopian federal constitution as experiences of other countries correlated with the objectives of this thesis. After making serious analysis, the writer, eventually, has reached the Following findings: the federal arrangement of Cassation over Cassation in Ethiopian Federalism has emanated from the practical motion in which case distorts the dual court structure and functioning out of the Constitutional terms and it shows negative implication on Ethiopian federal context and particularly on the principle of self-determination. Thus, the power of State Supreme Court Cassation division has been disregarded and prevalence of Cassation over Cassation system has eroded the principle of selfdetermination that eventually leads to centralization of power in the country.Key words: Cassation, Cassation over Cassation, Federal Supreme Court Cassation Division, State Supreme Court Cassation Division, Federalism, Constitution, Self-Determination and Court. Based on the findings and the conclusions the writer come up with the political theory of federalism must thus be resolved by the Federal Supreme Court Cassation division should be stopped from interfering in state matters. The State Courts should not be subjugated by the center on their own matters. Interpretation or modification of unclear provisions by the concerned governmental bodies as predisposed is an appropriate option in order to alleviate the converging function and the wrong construction of regional laws version through practicing Cassation over Cassation in the modern Ethiopian federal context.
Impacts of States’ Revenue Capacity on Self Administration under Ethiopian Decentralized Fiscal System: The Case of Oromia National Regional State
(Addis Ababa University, 2014-05) Beka Diribi; Girma Gizaw
As it has become the Global concern, Ethiopia, since, 1991 has undertaken dramatic change by decentralizing political, Administrative and Fiscal decentralization from Federal government to autonomous State Governments and to District levels by the respective Regional Constitutions. Fiscal Decentralization, which is the subject matter of this paper, is an important dimension of Decentralization which influences both Political and Administrative aspects of decentralization. This paper utilized both quantitative and qualitative method in describing and analyzing causes of high degree of vertical Fiscal Imbalance in Ethiopia and its impacts on principle of its Federalism particularly, on the self Administration of Regional Governments taking ORG as a case study on the base of primary data obtained through interviews conducted with tax officials and experts in Regional Revenue Authority, officials and experts in Regional BoFED and through questionnaires provided for selected informants and secondary data obtained in the mentioned regional Bureaus and MoFED. Here, what motivated the researcher to conduct the study on the topic is that, on the base of the1995 FDRE Constitution, Ethiopia adopted dual federal structure composing nine regional states and two city administrations (Addis Ababa and Dire Dawa) by giving them the right to self determination expanding even up to secession (Article 39 of the constitution). Accordingly, regional governments are responsible for implementing economic and social development policies and for maintaining public order, including administering a Police force while the federal state is responsible for all powers not delegated to, or shared, with the regions. It can be observed that, the FDRE Constitution assigns various responsibilities to the lower units of governments in its expenditure side while on the Revenue side, however, it assigns more buoyant sources of revenues to the Federal government creating vertical fiscal imbalances which resulted in high dependence of States on Federal subsidy for the execution of these responsibilities. On one hand, the Constitution label Ethiopia as fully fledged federal political system which claims the independence of each level of governments in relation to Constitutionally Delimited Spheres of its Jurisdictions from the other. On the other hand, there exists much Vertical Fiscal Imbalance creating much dependence of States on Federal Government as they do not have Revenue Capacity even to cover half of their expenditure needs from their Own Revenue Sources. The finding of this paper, point out that, the cause of vertical Fiscal imbalance in the study Region, shows the domination of Major Revenue bases by the Federal government than less commitment of tax collectors, tax evasion, corruption etc. Further, the paper, viewed that, less revenue capacity of the Region and high dependence on Federal Subsidy affects its constitutionally guaranteed self Administration (developing socio- economic and political affairs), its autonomy, quantity and quality of public services, accountability of officials. Finally the paper recommends that, revenue capacity of Regional Governments should be enhanced to enable them to exercise their constitutionally promised Self Administration by expanding their own Sources of Revenues and conducting effective Transfer System in the absence of sufficient Revenue Bases in some Regional Governments. Key words: Self Administration, Fiscal Decentralization, Revenue and functional assignment, Revenue Capacity
The Impact of Federal-States Intergovernmental Relations on Regional States Autonomy in Ethopia
(Addis Ababa University, 2014-06) Kenna Deme; Assefa Fiseha
Federal-states intergovernmental relations have direct impact on the operation of the federal system and very important in understanding the operational part of a federal system since it has the tendency to alter or entirely change the constitutional division of power. This is so, because intergovernmental relations are inherent in federations which give life to the federal system through practice after the constitution divide powers between orders of government. Some federations deal it in their constitution while others develop through legislation. Some relies on institution that manages these relations. In Ethiopia, the constitution is not adequate in providing some hint how to manage. Nor it provided institution that does this. The federal government established organization of regional affairs in 1994 that later devolved to ministry of federal affairs in 2001. As the assessment of this institution is made by this thesis, it is limited to some extent, if not invisible in coordinating the relations between federal government institution and states institution. This thesis is aimed to analysis the impact that federalstates intergovernmental relations operate in the absence of adequate constitution and practical institution, in the dominant ruling party and infant-stage federal system has on the autonomy of states. To come to this objective, it firstly provided conceptual framework from existing literatures and then captured federations' experiences. It also used interview conducted on four groups; namely, government official at state, government official at federal, academician group who are familiar to the study and political party both ruling and opposition party. Using all these mechanisms, the result shows that in Ethiopia, federalstates intergovernmental relations influences the constitutionally given state autonomy and the federal government and its executive institutions dominates the process of Ethiopian federal-state intergovernmental relations.
The Challenges of Multiparty Democracy in Ethiopia with Particular Emphasis on Electoral Administration
(Addis Ababa University, 2014-06) Yohannes Awoke; V.K. Padmanabhan
In democratic systems people participate in decision making directly by themselves or through their elected representatives. When they participate through their elected representatives, the way they elect their representatives matter. Representatives should be elected freely and fairly. In this regard the electoral administration plays a pivotal role in ensuring electoral integrity. The electoral administration is primarily guided by the constitutional and legal framework and the institutional arrangements of electoral management bodies. In Ethiopia the practice of democracy and multiparty elections is a recent experience. It has been started in 1991. Since then four general elections have been carried out in 1995, 2000, 2005, and 2010. The results of these general elections indicate that the ruling party has dominated overwhelming majority in both federal and regional parliaments. The elections have been usually tied with accusations and controversies, and sometimes to conflicts (as in the 2005 general election). The opposition political parties and some civil societies raise questions on the independence of the National Electoral Board of Ethiopia (NEBE) and its administration of elections. Therefore, this research study analyzes the challenges of multiparty democracy in Ethiopia with special emphasis on the electoral administration. It assesses the legal and institutional framework of the Ethiopian electoral system and how the NEBE managed previous elections. In general the research study has concluded that there are some loopholes in the legal framework that should be addressed with some changes in the constitutional and legal provisions. In electoral administration the NEBE had some drawbacks in managing some activities of the electoral process especially in post electoral activities. With this regard the Board has to improve its administration and maintain its independence. Key words: Multiparty democracy, electoral administration, electoral management bodies
An Impact Assessment of Decentralization on Health Care Service Delivery: The Case of Gozamin Woreda- amhara National Regional State
(Addis Ababa University, 2014-06) Alene Agegnehu; Tesfay Ghebrehiwot
This study, Impact Assessment of Decentralization on Health Care Service Delivery was done at Gozamin woreda of East Gojjam Zone Administration in Amhara National Regional state. The major objective of the study was to assess the impacts of decentralization on the health care service delivery. The current status of health care services, the responsibilities and functions of the woreda health office, the level of community participation and the major challenges of the woreda that hinder from providing quality health care services were reviewed. Methodologically, a descriptive research design with qualitative research technique/ method was employed to collect the data for the study. The instruments used to collect the data are interviews, focus group discussions and field observations. Primary and secondary data were collected from different Health institutions in the Woreda as well as from annual official health sector reports and documents. The analysis part was supported by legal and official documents. The findings of the study revealed the recruitment of health personnel, collection of user fee, management and supervision of health institutions, in-service training and career development of health workers are devolved to the woreda. The study also found that undertaking construction of health HCs and health posts is given to the woreda in a delegated form. Whereas, purchasing of drugs and other pharmaceutical equipments are highly centralized, controlled by the regional governments. The health care service accessibility and coverage of the woreda in terms of expansion of health care institutions has shown an improvement, it reach 100%. However, shortage of health personnel (midwifery, lab technician and pharmacy technician), shortage of finance for duty service and per-diem payment, and drugs shortage are the challenges of the woreda health care delivery system that affects the quality of the services. Moreover, according to the patients and households view, the costs of health care treatment is high as compared to the ability of most beneficiaries incomes, the free service scheme-which is very impressive were abused by kebele officials and weak one to five and one thirty network or groups were also the challenges of Gozamin woreda health care service delivery system.
Practice of Self-government in the Southern Nations Nationalities and Peoples’ Regional State: The Case of Segen Area Peoples’ Zone
(Addis Ababa University, 2014-06) Misganaw Addis; Assefa Fiseha
The purpose of this piece of work is examining practice of self-government in the SNNPRS with particular reference to the Segen Area peoples’ Zone. Given that the federal project in Ethiopia is a new model (synthesis) that has replaced the failed ‘nation-sate’ building project since 1991, self-government to the NNPs has become the ideological core of the incumbent party and pillar of the constitution. As per the gist of the FDRE Constitution, the NNPs are the actual constituent units and composers of the federation, and hence they are entitled to unconditional self-determination right (Art 39 (1)). The SNNPRS, which is one of the 9 subnational units of the FDRE, is known for extraordinary diversity constituting some 75% of the total NNPs of the federation. The NNPs of this Regional State practice self-rule at the local level with territorial autonomy. The Regional State Constitution permits the indigenous NNPs of the Region to establish local self-government by adopting Zone/Special Woredas (Art 45(2)). The previously self-governing NNPs in the region namely: Konso, Dirashe, Burji and Amaro, had been exercising such right for not less than fifteen years. However, currently they have been merged and established shared Zonal Administration known as Segen Area Peoples’ Zone incorporating newly emerged Woreda called Alle. The merger has changed the Special Woredas to Ordinary Woredas, at the same time shifted the nationality self-rule to multi-ethnic self-rule, which is a paradigm shift from favorable to unfavorable scenario in view of practice for self-rule. For examination of this study the method and procedure employed was qualitative in design with multiple data collection tools namely: document analysis, field observation, FGD, and interview. Triangulation and ethical consideration was made to come up with reliable and valid findings, conclusions, and recommendations. The sample technique utilized was purposive sampling- a non-probabilistic method. To this effect, convenience and judgmental sampling was administered. The data gathered with this method was systematically organized followed by analysis and interpretation. As per the findings, the merger has caused negative outcome on the practice of self-rule to the NNPs. The conclusion drawn is that the merger has negated the constitutional promise and ideological commitment of the ruling party besides the pragmatic negative outcome. Finally, the study suggested possible mechanisms to address the challenges of self-rule practice followed by the merger. Key terms: federalism, self-determination, self-government, ethnicity, and local government
Ethiopian Sentencing Guidelines and their Application : A Case Study in Federal Courts
(Addis Ababa University, 2014-06) Sefiew Ayenew; Tsehai Wada
Sentencing is the most crucial stage in criminal justice system and crime is an inevitable phenomenon in human social life. In addition, sentencing is a means designed to give notice for the general public by described punishable crimes and to punish a criminal convicted by a court of law. In ancient times, punishment was premised on the principle of “an eye for an eye, a tooth for a tooth” and punishments were degrading and inhumane by today‟s standard. Today‟s punishments are relatively humane and focus on rehabilitation. Many universal human right instruments provide for the rights of convicted persons and many countries are members of these instruments. Sentencing disparity is a problem everywhere and countries have adopted sentencing guidelines to solve this problem. Ethiopia is one of them that adopted and revised the first and the second sentencing guidelines in 2010 and 2013 respectively. The main purposes of the sentencing guidelines are to ensure proportionality, consistency, predictability and fairness of sentencing throughout the country in federal matters. However, the principles of like cases- uniformity of decision - have not been realized in many cases; the sentencing guidelines from design to practices reveal that it was unable to stop unwarranted disparities of sentencing due to different factors. The lack of clarity of sentencing guidelines, the lack of mutual understanding of the legal practitioners to the sentencing guidelines, lack of supervision and controlling mechanisms of the sentencing guidelines can be considered as the root causes of sentencing disparities. Key words: Sentencing Guidelines, Sentencing Disparities, Criminal Justice System, And Structured Sentencing.
Language Policy and its Impact on Rights of Individuals Belonging to Minorities to Job Opportunity Under the Current Federal System. A Case Study of Abomsa Town in Merti Woreda of Oromia Region.
(Addis Ababa, 2015) Alem zergaw; Abebe Teklehaimanot
Language Policy and Its Impact on Rights of Individuals Belonging to Minorities to Job Opportunity under the Current Federal System. A Case Study of Abomsa Town in Merti Woreda of Oromia Region.
(Addis Ababa University, 2015) Alem Zergaw; Abebe Teklehaimanot
Relationship between Federal Police and State Police Commisions under Ethiopian Federalism: Policy and Practice
(Addis Ababa, Ethiopia, 2015) Tesfay Kassa; Mehari Taddele
The paper examines the relationship between Federal Police and State Police Commissions from the perspective of the federal system, analyses the legislative and assesses the practices so far. The study revealed that the relations between the Federal Police and state police commissions are not constitutionally guided and managed. With regard to the institutional and formal set-up of the Joint Council is established with a mandate to strengthening relation between Federal and state Police Commissions. The paper argues that Joint Council has performed different tasks in areas of crime prevention, investigation and other capacity buildings. From the research, it is clear that despite such tasks performed by the council, several concerns are raised. Most of these concerns contravene the principle of federalism. Furthermore, it has an implication of centralization of police or it implies that the Federal Police Commission is superior of all state police commissions which are incompatible with the very principle of federalism.
Criminal Law and Capital Punishment in Federal Ethiopia; The Case of Oromia and SNNPRS
(Addis Ababa University, 2015-05) Yadeta Gizaw; Mehari Taddele
The thesis looks in to criminal laws and death penalty powers of the regional states in Ethiopia; the case of Oromia and SNNPR State. Principally, the FDRE Constitution has established ethnic based selfgoverning federal arrangement and incorporates division of Legislative, executive and judicial powers with dual Government structure. This federal arrangement has one major goal, providing the various ethno-national groups - 'Nations, Nationalities and Peoples' - of Ethiopia with the power to govern themselves through self rule and shared rule. Although the constitutional principles and the federal arrangement exemplify such features, the criminal laws power is centralize. Based on this, the main issue addressed in this paper is as whether the regional states are exercising criminal laws legislative, adjudicative and implementation power in general and death penalty in particular. To test this, the writer used descriptive and analytical qualitative technique. Primary data were collected from key informants through interview. Countries constitutions, legal documents and other relevant documents were also used as secondary data. The writer after making serious analysis has reached the Following findings: In the federal arrangement substantive criminal law legislative power is vested with both the federal and Regional States. The regional states power is limited only to matters not specifically covered by federal criminal code or laws. Criminal procedural law legislative power is reserved as residual power for the regional states, however the Federal legislative organ exhaustively define all criminal matters leaving almost no rooms for the regional states and take away the Regional states power and enacted centralized criminal code and laws. Following centralized federal criminal code, normatively speaking criminal laws adjudication and implementation power is also centralized. It is only the federal court and federal criminal law enforcing agencies establishment proclamations that sufficiently define their criminal jurisdiction while the regional states courts and criminal enforcing agencies have no sufficient laws which determine their criminal jurisdiction. However practically criminal laws adjudication and implementation is decentralized, as a result Oromia and SNNPR state courts assume residual criminal jurisdiction. With respect to death penalty implementation the issue is treated differently, although regional states are adjudicating capital crimes, the implementation of death penalty requires the blessing of the central government. It cannot be executed, pardoned or commuted unless the head of the state sign it. Based on the findings, the writer come up with the conclusion that for the real implementation of federalism in criminal justice system, the Federal criminal code should be amended and regional states should exercise their power to determine their own matters by themselves and as such determine state nature crimes and corresponding penalties to adjudicate and implement by themselves.
The Accommodation of Ethnic Diversity in SNNPRS: A Comparative Study of Ethnic Accommodation between the Ethnic Groups of D’irashe Woreda and other Ethnic Groups of Segen
(Addis Ababa University, 2015-05) Tefera Kegnalew Hale; Regassa Bayissa
This thesis attempts to assess the ways of ethnic accommodation between the ethnic groups of D‟irashe Woreda and that of Segen Zone. Contemporarily, accommodation of ethnic minorities has become a hot issue in many parts of the world. Consistently, the thesis highlighted the recent global issues of ethnic, religious, linguistic and cultural minorities and the ways of accommodating their rights. Indeed; the corner stone used as a device of accommodation in Ethiopia is its federal political system. Of course, the research analyzed the reason why federalism is introduced in Ethiopia, its way of arrangment, and the mechanisms how it has been managed and accommodated its ethnic, linguistic religious and cultural minorities. Furthermore, it discussed the geographic and institutional arrangements, the exercise of political power and other instrument of ethnic accommodation in SNNPRS. Among the seven multi-ethnic Zones of SNNPRS, Segen Zone is the one which is recently established having eight ethnic groups that are arranged in to five Woredas. Generally, as a central team; the thesis assessed the ways of ethnic accommodation in comparative perspectives using different parameters such as: recognition, representation, self-determination, distribution of infrastructure, power sharing on the executive organ and participation of the people in the political, economic and social affairs. Finally, the study suggested possible devices of accommodating the minority ethnic groups existing in D‟irashe Woreda and Segen Zone.
State and Nation Building in Ethiopia: With Special Reference to the Ethiopian Federalism
(AAU, 2015-05) Monenus Hundara; Yacob Arsano
In politico-historical terms, nation building has been central during state formation or consolidation in all parts of the world. Nation building basically urges to create one nation without due consideration of diversity in the country. After Westphalia treaty, in practical terms, most European states objected to destruct diversity and create culturally homogenous polities. Moreover, in the postcolonial periods, the African and Latin American states have pursued nation building strategy in the state formation and consolidation attempts. The inherent problems (denial of people-hood, overlapping citizenship and nationality and cultural homogeneity) of nation building project had/have challenged the political elites in order to respond to societal demands. In the mean time, the concept of state building has emerged in a way to accommodate diversity through the institutional, policy and politico-psychological innovations like federalism, democracy and multiculturalism. Federalism is of such innovation to establish a state nation instead of nation state through the elements of shared-rule and self-rule balancing nation-hood and state-hood. The Ethiopian experience shows plausible centralist-unitary pursued by successive regimes through cultural assimilation. As a result of failed/confused nation-building project the Ethiopian state and society have experienced rough vertical and horizontal relations. In Ethiopia nation building, reasonably has failed having implications for post-1991 Ethiopian state and society. Understanding the historical trajectory of the Ethiopian state and society, the EPDRF regime has come up with state building project through ethnic federalism and revolutionary democracy. Later on, the regime has lavishly added two strategies: developmental state and a dominant party democracy. In the last two and half decades the country’s socio-economic and political developments are shaped by strategies of state and/or nation building projects. Accordingly, Ethiopia under EPDRF has experienced two state building phases: from 1991-2001 and from 2001-to present thereby mixing state building and nation building projects together. The first phase of Ethiopia’s state building approach has been responsive whereby historical injustices were addressed both in the constitution and institutional arrangements. The post 2001, however, has implied a retreat to unresponsive state and nation building approach where national issues are given priority without/little due consideration of regional self-rule. The objective of this study is to explore the role that GERD contributes to state and nation building projects in contemporary Ethiopia. To pursue this, the study used both secondary and primary data sources. The data showed that the Grand Ethiopian Renaissance Dam (GERD) is one of mega-projects under construction exhibiting socio-economic, political, psychological and geopolitical dynamics. The finding denoted that GERD has positive contribution in the contemporary state and nation building projects through socio-economic, psychological and geo-political aspects endeavoring to enhance national consensus. It has the potential to strengthen the federal shared-rule while its contribution on the regional self-rule will be the potential policy and scholar research interest. However, the development drive long the developmental state seems to undermine the federal values and democratization processes that might be unresponsive approach of state building project. Some nations still demand their own nationhood than national statehood informing the gaps and challenges to Ethiopia’s ethnic federalism. The study suggests addressing issues undermining responsive state and nation building approach in line with the federal democracy would result in successful state and nation building in Ethiopia. This in turn enhances national consensus and bring about smooth state-society and intra-society relations.

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