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

Abstract

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.