Ethiopian Journal of Federal Studies

Federalism and the Management of Inter regional State Conflict in Ethio pia: The Case of the Oromia and Somali Regional States

2025-01-29T06:04:08+00:00

Both as an institutional principle and in practice, federalism is expected to address the root causes of inter-regional state conflict and manage such conflict before it escalates into violence. Ethiopia is, however, grappling with violent conflict, which accounts for more than 70 per cent of internal displacement. The aim of this article is to examine the management of conflict between the Oromia and Somali regional states and ascertain to what extent federalism provides an institu- tional solution to the conflict. The research is qualitative in approach and utilised key informant interviews and focus group discussions to obtain an in-depth con- textual understanding of the causes and effects of conflict between the Oromia and Somali regional states, particularly that which occurred in 2017/18. The findings are that the major causes of conflict include the power struggle with the ruling party at the centre, competition over scarce resources and control of trade routes, territorial boundary claims and counterclaims, and lack of implementation of the outcome of the 2004 referendum. In addition, it would appear that federalism, originally intended as a mechanism for managing conflict in Ethiopia, is either one of the drivers of the conflict or unable to prevent a relapse into violence. Various measures – including joint peace conferences, a referendum, and bilater- al peace and development agreements – have been adopted, but the underlying causes of conflict remain barely addressed and cooperative relations between the
two regional states are weakly institutionalised and unsustainable.

The Quest for Regional Statehood in the SNNPRS of Ethiopia: Legal Framework versus Implementation

2025-01-29T06:09:21+00:00

The merger of the five southern regions of the Transitional Government of Ethiopia (Regions 7 to 11) into a single region – undertaken with the aim of countering both internal and external political pressure – is the root cause of the quests for regional
statehood seen in the Southern Nations, Nationalities, and Peoples’ Regional State (SNNPRS). However, more recently, these quests have been gaining momentum
since the political transition Ethiopia underwent in 2018. It has been suggested that the quests could be addressed by means of a cluster formula, one involving the for- mation of a regional state by merging numerous zones and special woredas, but this is questionable in terms of the current constitutional framework and practice. The purpose of this study is thus to conduct a critical analysis of the Ethiopian federa- tion’s legal frameworks and practices in response to the quests for regional statehood in the SNNPRS. The study finds that the quest for statehood in the region brings to light the country’s inconsistent and arbitrary implementation of multinational feder- alism. Several factors, among them lack of fair political representation, imbalanced infrastructural development, and poor-quality public service delivery, have inten- sified demands for regional statehood. The study suggests that, in order to place a limit on arbitrary and inconsistent governmental intervention, the Constitution’s provisions in regard to state formation should be amended in the light of criteria such as administrative convenience, economic viability, and population size. Moreover, the federation should be restructured by recognising local government in the federal constitution so as to ensure sub-regional self-rule and self-determination, as well as equitable local level development. Overall, the study underlines that what is vital in Ethiopia today is a genuine and consistent response to quests for regional statehood and the needs articulated for social, political, economic, and infrastructural devel- opment.

The Effect of Federalism on Policy Outcomes in Ethiopia

2025-01-29T06:19:32+00:00

Federalism can impact on numerous areas of policy outcome, such as policy in- novation, democracy, accountability, and corruption. This article explores how it influences policy outcomes in Ethiopia, doing so by comparing the Ethiopian federa- tion with the multinational federations of Switzerland, Belgium, and India. Drawing on Worldwide Governance Indicators, other secondary sources, and interviews, the article highlights how federalism influences policy outcomes in those federations and, in view of this, analyses the Ethiopian case. It finds that, although federalism has contributed to local self-governance and social and cultural policy, it has not improved policy outcomes such as popular participation and accountability, peace
and security, governmental efficacy, the rule of law, and control of corruption. This
is largely due to the existence of a unified party-political organisation and a lack of trust between state and society. Thus, Ethiopia needs to draw lessons from the Swiss, Belgian, and Indian federations in order to enhance the positive effect of federalism on policy outcomes.

Ethiopia’s Mineral Resource Ownership work: Navigating the Federal Fault Lines

2025-01-29T06:24:13+00:00

The assignment of ownership of mineral resources and the administration of mining licenses are contentious issues in federations. This article provides a comprehen- sive analysis of related challenges in the context of the Ethiopian federation. Based on qualitative research involving documentary analysis and in-depth interviews, it sheds light on issues surrounding the assignment of ownership of mineral resourc-
es and the administration of mining licenses in Ethiopia. The article reveals that the Constitution of the Federal Democratic Republic of Ethiopia lacks clear and
adequate rules for regulating the assignment of ownership of minerals and the al- location of legislative power over mining licenses. It shows, moreover, that federal and regional mining laws exacerbate the confusion by providing a legal framework that violates existing constitutional norms, the principles of decentralisation, and international human rights law. Furthermore, the way in which mining licences are currently administered contradicts the constitutional division of power, as it fails to engage subnational actors in the decision-making process. These findings empha- sise the urgent need to address the legal and practical challenges associated with the assignment of ownership of mineral resources and the administration of mining licenses in the Ethiopian federation.

The Division of Criminal Matters in Federal Systems: Assessment of the Ethiopian Federal Approach

2025-01-29T06:29:17+00:00

The division of criminal and security matters between federal and state governments has been a subject of debate in federations. Different federal systems adopt different approaches, namely unitary, dual, integrated, bottom-up, or state-dominated models. While each has its own merits and demerits, the common ground is that the division is systematic and entrenched in the constitution. In this article, Ethiopia’s system is compared to those of the United States, Germany, and India, where the mandate of criminal justice is granted to both levels of government in various magnitudes (and hence devolved in one way or another). In the Ethiopian case, the Constitution di- vides police and security matters between the federal and state governments, while criminal matters are categorically granted to the federal government, except where some leeway is left to the states. Thus, there is an area of ambiguity. In addition, due to the dual institutional set-up, there are complications around the federal govern- ment’s move towards adopting a unified criminal code. As a result, inconsistencies exist between the Constitution, the laws made to provide for the regulation of crim- inal justice, and the practice in actuality. The objective of this study is to appraise the approach adopted by Ethiopia in the areas of the allocation of criminal matters between the federal government and the states. To this end, doctrinal and compara- tive approaches have been employed as the methodology for the study. This study contends that the Ethiopian federal approach is neither dual nor administrative, when viewed from the angle of the provisions of the Constitution, the relevant statutes, and the practice at federal and state levels. To alleviate such an anomalous approach, it is suggested that the Constitution should provide for either the dual model or admin- istrative/integrated approach through a strong intergovernmental cooperation for the effective operation of the criminal justice system.