Treatments of the Rights of National Minorities and Caste. Social Groups in Amhara National Regional State: Law and Practice
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Date
2010
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Addis Ababa, Ethiopia
Abstract
The prime motive of the writer to do a research on the rights of national minorities is the
. divergence of the Amhara National Regional State Constitution against the Federal
Democratic Republic of Ethiopia (FDRE) Constitution on some rights of national
minorities. Moreover, the researcher wants to see the status of the Amhara Region
government activities against the guaranteed constitutional rights. of national minorities.
Besides, the researcher, being watchfiil of the prevalent problems in the area, is enticed
to make a comparative survey of the constitution of the Amhara National Regional State
(ANRS) in relation to the rights of national minorities with that of the three neighbouring
national regional state constitutions (Benshangul-Gumuz, Oromia and Tigray).
The research tries to address three fill1damental issues on the rights of national
minorities. In the first place, the constitutional guarantees in the FDRE, ANRS and the
three national regional states neighbouring to the Amhara National Regional State are
assessed in the study. Secondarily, the perception of the national minorities covered in
the study and the three organs of the government (legislative, executive, and the
judiciary) with regards to the respective constitution of the region and the application of
the constitution on the rights of national minorities are scrutinized among others. And
finally, the basic distinctions in crafting their constitutions to issues referring national
minority rights and in implementing same among the regions covered in the study.
In addition to this the research gives some space to assess the histolY, legal and social
status ofNegede-Woyto and the Awura-Amba community in relation to the rights of equal
treatment, non-discrimination, accommodation and participation in societal as well as
political activities. A qualitative approach of data analysis is made use of in the research.
Various laws (international, national and regional) and other related documents are
utilized as data source in addition to the interview and focus group discussion, the
respondents being selected on pwposive basis. The researcher also uses his personal
observation as additional source of information.
The major findings the research comprises are; identifYing the contradiction between
Art.39 (1) of FDRE Constitution and the common Art. 39(4) of national regional states
and thus restricts the rights of national minorities in exercising self-rule, representing at
regional executive and the judiciwy as well as in issuing regulations and formulating
policies which could help them to strengthen their socio-economic and political activities.
Furthermore, the three neighbouring national regional states covered in the study denay
the rights of those national minorities living in their respective regions and realizing the
ignorance of the governments of regional states pertaining to the rights of national
minorities and caste social groups .
. Finally, the implication on the issue illustrates that the effort to build one economic and
political society could be hindered if those problems mentioned above are not corrected
in the near future. And this in turn calls for a revision of const itutions and a close
monitoring on the practices of the rights of national minorities not only in those regional
states covered in the study but also in the other national regional states of Elhiopia.