The Issue of Indigenousness in Ethiopia: A Jurisprudential Dearth

Abstract

Despite the significant legal developments and support under
international and regional instruments, the issue of indigenous
people in Ethiopia has been ignored within the current national policy
frameworks. While Ethiopia’s current federal political order seems
to recognize group rights, there is little or no direct reference as far
as indigenous people are concerned. The country is not a party to
the ILO Convention 169 and was absent during the adoption of the
UN Declaration on the Rights of Indigenous People. Dealing with
indigenous people remains contentious in the political discourse and
there is little academic exposition on the subject matter. Nor do judicial
doctrines elucidate the issue taking into account Ethiopia’s reality and
its commitments. The Ethiopian government on different occasions
claims that granting distinct status as indigenous people would
be inconsistent with the principle of ‘equal protection’ of nations,
nationalities and peoples on which the Constitution is founded. In a
similar vein, it also argues that all ethnic groups are indigenous since
the defining elements are similar with the definition adopted for
nations, nationalities and peoples under the FDRE (Federal Democratic
Republic of Ethiopia) Constitution. This chapter establishes that these
claims are largely due to a misreading of the Constitution. It further
argues clear legal recognition is not always necessary for communities/
groups to be considered as indigenous and exercise the legal rights out
of such a status. For this purpose, the article assessed relevant laws
and some practical self-identification claims.