1.

The Background of Federalism and its

Introduction to Ethiopia
Etymologically, the semantic origin of word federalism is derived
from the Latin term “foedus” which means ‘covenant, treaty, pact or
agreement.’ The word federalism does not appear until the late
eighteenth century, at the time of the French and American
revolutions, and its origin derives from the French adjective federal.
From the latter one originated the adjectives federalist (such as the
title of the great work of the fathers of modern federalism Hamilton,
Madison and Jay. These words imprinted from those years onward
the political tradition that wanted a federal state through a stable
union of several member States, opposite to the political traditions
that wanted a centralized unitary state or even pre-existing
confederations regarded as less binding and stable alliances (Nasone
and Pinna, 2015: 13).
 Con…
• Traditionally, a federation has meant a union of
several states brought about through the
instrumentality of treaty or agreement, and
beginning from an international alliance and
ending in a unitary state. Hence, federalism is a
principle that combines self-rule and shared rule
that emphasizes on maintaining unity and
guaranteeing independence of federal units. Each
constituent unit is independent in its jurisdiction
to one another and federal government (ibid
 Con…
•Federalism is a fundamentally normative concept
which refers to the territorial organization of a political
community and in which there are two spheres of
government that combine the principles of self-rule plus
shared-rule or, in other words, the principles of self-
government and shared government. In regional states,
the two-tier territorial organization is the result of a
constitutionally guaranteed process of political
decentralization of a formerly Unitarian state. Both tiers
have legislative, executive and judicial powers with
respect to their own competences (Requejo , 2005).
 Con…
•Federalism is a constitutional mechanism for dividing power
between different levels of government, such that federated units
can enjoy substantial, constitutionally guaranteed autonomy over
certain policy areas while sharing power in accordance with
agreed rules over other policy areas. Federalism is a system of
shared sovereignty between two levels of government-one
national and one subnational-occupying the same geographic
region. Federalism is a system of government that establishes a
constitutionally specified division of powers between different
levels of government. There are usually two main levels: (i) a
national, central or federal level; and (ii) a state, provincial or
regional level (Anderson and Choudhry, 2015).
 Con…
•President Ronald Reagan (1981-1989) once said, "The Founding
Fathers saw the federalist system as constructed something like a
masonry wall. The States are the bricks; the national government is
the mortar.”
• The context for the federal system in Ethiopia begins with
Ethiopian history prior to Menlik as one phase of de facto federal
experience and then the post Menlik period and particularly
withe coming to power of Emperor Haile Selassie, as an era of
centralization, a reversal of history and the birth of the present
day crisis. All the same, the coming to power of the military and
the 1974 Revolution did not bring the much desired change as far
as political decentralization and the issue of accommodation of
diversity was concerned. Major change in this regard occurred
during the transitional period (Assefa, 2006).
 Cont…

•Following the end of Derg rule, a Transitional Government of

Ethiopia, TGE, was set up to manage the affairs of the country and
prepare a new constitution. The Constituent Assembly debated on the
draft Constitution which carried several new provisions, including
the proposal to set up a federal form of government in a way that
allows accommodation of the interests of the various nationality
groups in the country. The Constitution came into force in 1995,
inaugurating the existing federal arrangement (Muhammed, 2011: 9).
•This is also true for multinational state of Ethiopia to adopt ethnic
federalism for the first time in history of the country. The collapse of
Derg brought change in Ethiopia. After Derg, unitary system of
government was replaced by the federal system of government.
 Cont…

•According to Tesfatsion, ethnic federalism is certainly a new system of

governance in Ethiopia, where a unitary structure was the hallmark of
the old multi‐national state throughout its evolution and where power
had been concentrated in the hands of the few at the Centre. Many
people sought some form of federalism instead of the weary unitary state
of Ethiopia but not the unprecedented ethnic federalism that we see since
1991. In fact, this strangely ethnic based form of federation, owing to the
complexities it entailed, was unthinkable to most people except the elite
of the TPLF and some other like‐minded ethnic entrepreneurs. This raw
ethnic federalism was introduced by the current ruling party, the
Ethiopian People’s Revolutionary Democratic Front (EPRDF), whose
core component is the ethno‐nationalist Tigray People’s Liberation Front
(TPLF) soon after its seizure of power in 1991 (2008: 1).
 Cont…

•According to Article 46 of the 1995 EPRDF‐sponsored

constitution of the ‘Federal Democratic Republic’ of Ethiopia,
settlement patterns, identity, language and consent of the people
concerned seem to delimit the formation of the new states
(regions) that constitute the federation; yet the practical
application of the Article takes language as the only defining
feature. This is demonstrated in the formation of the nine
member states (Article 47) as well as in the delimitation of the
units within each state. The form of government is, thus, a
language‐based ethnic federalism, but without a balanced
division of power between the central government and the
constituent political units invoked in a genuine federation (ibid).
 The Cause of Ethiopian Federalism

•Federal logic has been concealed first by modern processes of

state-building and second by processes of nation-building
promoted by the states. The current challenge facing multinational
federations may be summed up as a liberal, democratic and
national challenge to achieve polity-building. Multinational
societies are mainly preoccupied with establishing liberal
institutions and mechanisms of protection based on a
constitutional scale that safeguard the minority national peoples
from the decisions taken by the majorities under the notion of
federalism. It is possible that a multinational state can be
articulated satisfactorily with federal agreements with some
regional models of political decentralization (Requejo, 2005: 50).
 Cont…
•According to Kymlicka and Ruth (1999: 34-35),
multinational federalism emanates from the need to
accommodate cultural, linguistic and religious diversity.
While all federations also exhibit some features of diversity,
here what becomes most relevant is the issue of minorities
due to the costs involved upon their treatment in the past.
Writing in the African context as well defines multinational
federalism as a federal model in which internal boundaries
have been drawn, and powers distributed, in such a way as
to ensure that each national group is able to maintain itself
as a distinct and self-governing society and culture.
 Cont…

•As explained by Keller, the essence of the strategy adoption by the

EPRDF committed led the government to promote power sharing, social
equity, democracy and federalism. Democratic principles were
eventually enshrined in a well-crafted national constitution. In addition
to the promulgation of a democratic constitution, the government also
introduced public policies designed to devolve administrative authority
from the center to the regional states through administrative
decentralization, which lead to democratization and greater political
participation. Power sharing formulae, including regional autonomy or
federalism are thought to be the ideal solution to avoid ethnic-conflict,
and to achieve a measure of democracy. Administrative and political
institutions can be manipulated by governing elite in an effort to achieve
the desired end of Civic peace and cooperation in the context so extreme
social diversity.
 Cont…
. Under ideal circumstances, there is a balance of power in
relation between the central and regional governments. However,
there could be some cases where the relationship is asymmetrical,
in which power equation favors one or other level of government.
In such cases, the structure in place may appear to be federal
nature, but the practice may not necessarily be the case (2003: 30).
• Furthermore, comprising a preamble and eleven chapters, the
FDRE constitution covered different democratic and federal
features such as separation of state and religion, transparency
and accountability of government, human and democratic rights,
structure of the federal and regional states, and division of
powers.
 Cont…

•Although Ethiopia is a multi-ethnic state, the preamble affirms that the

Ethiopian peoples, in full and free exercise of their right to self-
determination strongly commit themselves to build one political
community and one economic community based on their common
interests, common outlook, and common destiny. These clauses were
inserted in the preamble, after a long debate, in order to underscore the
need for political and economic unity among the constituent ethnic groups
and regions (Alem, 2003: 16).
•Commonly, federal system of is preferable to answer the long standing
demands of the national questions, to promote rights and benefits of ethnic
groups in Ethiopia, to protect citizens from tyrannical government and
establish political decentralization. These are some of crucial reasons that
Ethiopian government had been chosen the federal system of government
to manage multi- ethnic and linguistic people within the country.
 [Link] Practice of Ethiopian Federalism

•The FDRE Constitution provides for a federal

government and nine regional states (like the state of
Tigray, Afar, and Amhara. Oromia, Somale,
Benishangul Gumuz, South, nations, nationalities and
peoples region, Gambella and Harari people) known
as “Killil” (Plural “Killiloch”) conferred with different
sets of responsibilities relating to important political,
economic and social matters. Moreover, it would be
interesting to see the approach followed in organizing
the Federal and State Governments.
[Link] Practice of Ethiopian Federalism
 Cont…
•The FDRE Constitution provides for a federal government and nine regional
states (like the state of Tigray, Afar, and Amhara. Oromia, Somale, Benishangul
Gumuz, South, nations, nationalities and peoples region, Gambella and Harari
people) known as “Killil” (Plural “Killiloch”) conferred with different sets of
responsibilities relating to important political, economic and social matters.
Moreover, it would be interesting to see the approach followed in organizing the
Federal and State Governments.

• The Ethiopian Federal Government is parliamentary that allows the legislature

to exercise oversight and control over the executive. The Constitution confers
enumerated and limited powers and responsibilities upon the Federal
Government. For instance, it has the power to formulate and implement
national policies, plans and strategies concerning the overall economic and
social developments. Similarly, the Ethiopian Federal Government is
empowered by the Constitution to formulate and execute national policies and
strategies in the financial and monetary areas, as well as for the utilization and
conservation of natural resources (Muhammed2011: 10).
 Cont…

•Moreover, it is within the jurisdiction of the Federal Government to set country wide
standards in concerning public health, education, science and technology, as well as
for the preservation of cultural and historical sites. These powers and responsibilities
have somehow peculiar relevance in addition to the more customary functions of the
Federal Government in the spheres of defense, foreign relations, inter-state and
international trade and commerce. In the legislative sphere, the federal jurisdiction is
again very wide. Among others, it includes power to enact laws concerning the
utilization of land and other natural resources, enforcement of political rights
enshrined by the Constitution, electoral laws and procedures, the penal, commercial
and labour codes of the country. The Constitution requires that the House of People’
Representatives should be composed of members elected through a democratic
process. The possibility that different political parties compete for seats in a
democratic process has got important implications for the development of the federal
system. Not only the institutional independence of the legislature in relation to the
executive but also the autonomy of the two levels of government, including the
federal and Killil authorities, to a large extent depends on the growth of political
pluralism (ibid: 10-11).
 Cont…
•The structure of the federal government is parliamentarian (art 45). Ideally, the federal
government institutions serve mainly as sites of shared rule while institutions of state
governments serve as sites of self-rule. Needless to say, the constitution establishes various
institutions to operationalize the federal arrangement. As a frame of government, first it
establishes the three branches of government (Triaspolitika) such as the legislature (article 53-
61), the executive (article 72-77), and the judiciary (article 78-81). The House of
Representatives (HPR), the lower house of the formally bicameral legislature (article 54-61),
is the supreme political organ to which individuals are elected on plurality basis from 550
electoral districts of 100,000 inhabitants (article 54/ 3). The HPR commands all legislative
power over matters pertaining to the domain of the federal government. Thus, it exercises all
the decisional, deliberative, and control/scrutiny powers. The constitution provides for a quota
of 20 seats for “minority nationalities” (article 54/ 3). The House of Federation (HOF) (article
62-71), which poses as the upper house of the (formally bicameral) federal legislature (article
53), serves as the “house of nations”18 in which each nation is represented at least by one
representative and one more for every additional million that each nation has. Designed to be
an institution of representation and participation (for the diverse nations), the HOF is
supposed to enhance the rule component of the federalism (Tsegaye, 2014: 8).
 Cont…
•Constitutionally speaking, the members to the HOF may be elected directly by the
people or indirectly by the state council (article 61/3). In practice, the members are so
far elected only indirectly through the State Legislatures mostly from among their own
members. In recent years, when the budget negotiations in the HOF became increasingly
tough, then Executive officials of the State (including the Presidents of the States) began
to participate in the HOF as members. One of the key tasks of the HOF is interpretive
(article 62/ 1). In fact, it is the ultimate interpreter of the constitution. In this task, it is
supported by an expert advisory body called the Council of Constitutional Inquiry (CCI)
(Article 81-84), the last vestige of the original proposal to have a constitutional court
that serves as the apex court in the judicial hierarchy of the federation. The CCI is an 11
person body that composed of six reputed legal professionals nominated by the HPR and
appointed by the President; the President and Vice President of the federal Supreme
Court; and three members designated by and from the HOF (article 82/ 2). This body
examines the constitutional--‐legal issues in disputes and makes recommendations to the
HOF on the kind of interpretation that, ideally, better preserves the core values,
principles, structure, and integrity of the constitutional order (ibid: 9).
 Cont…
•Besides, the operational details of HOF and the CCI are articulated in detail in
Proclamations 250 and 251 of 2000. They also have their own rules of procedure for
their proceedings. Rather idiosyncratically, the HOF is an ‘unlegislating legislature’
with little involvement in law making (such as identification of civil law areas over
which the federal government needs To legislate on account of creating one
economic community; or identifying the set of criteria that go into the formula for
equitable sharing of revenues among the states. And in this, it seems to be an
institution set up to perform a Meta-legislative task. The federal executive is made
of the Council of Ministers (led by Prime Minister) and a ceremonial Head of State
(the President of the Republic). The Prime Minister is elected by the Political party
that has the majority of the seats in parliament. Much to the consternation of
Ethiopia’s opposition, there is no term limit to the tenure of the Prime Minister. The
federal judiciary is a three‐tiered ensemble of Supreme, High, and First Instance
courts. Although there hardly is a proscription, in practice, the court manifests
disinterest in reviewing legislations for constitutionality. Generally, it shies away
from entertaining disputes inviting constitutional interpretation (ibid).
 Cont…
•According to Dr. Negaso (1995), Ethiopian state is now involved in the regulation
and codification of ethnic identity. This is due to the use of ethnic otherness as a key
instrument of organizing the Ethiopian federation. Hence, the federal constitution
and other legislations provide several provisions on ethnic self-determination, the
resolution of disputes over ethnic identity, boundaries of ethnically constituted
regions and others. For instance, article 39/1 of the constitution provides that ‘Every
nation, nationality, and people in Ethiopia has unconditional right to self-
determination, including the right to secession.’ The constitution also specified the
procedures to follow when ethnic communities exercise this right (article 39/4).
Likewise, article 46/2 outlines the criteria for forming regional states, which include
‘settlement patterns, language, identity, and the consent of the people concerned.’
The federal constitution even contains a provision, which allows ‘internal secession’
(article 47/2). Thus, ethnic groups in multi-ethnic regions could form their own
federating units through a plebiscite. The constitution also provides principles and
procedures about the resolution of intra-federal boundary conflicts between
ethnically constituted regions (article 48).
 Cont…

•As pointed out by Alem (2003: 21), relations between the federal government
and regional governments and among regional governments have been relatively
smooth thus far because one party dominates all levels of government either
directly or indirectly through its allied ethnic parties. The ruling coalition,
EPRDF, enjoys a monopoly of power at all levels of government. EPRDF
consists of three ethnic and one multi-ethnic organization, namely, the TPLF,
Amhara National Democratic Movement (ANDM), Oromo People's Democratic
Organization (OPDO), and Southern Ethiopia Peoples Democratic Front
(SEPDF). The structure within EPRDF provides equal votes for the four
components in its central as well as executive committees. It has hegemonic
control over EPRDF-allied ruling parties in the remaining five regions of the
country (Afar, Benishangul-Gumuz, Gambella, Harari, and Somali).
•Hence, this is the way federal structure of the government in Ethiopia organized
and practiced among different levels of government such as federal, regional,
zonal, woreda and kebele levels.
 [Link] Prospect of Ethiopian Federalism
•The Ethiopian People’s Revolutionary Democratic Front re-arranged the
empire-state in order to create nine ethnic-based territorial units, and that
become the great dismay (worry) for many people and nationality of
Ethiopia. Ethnic nationality is assigned an obligatory attributive status to
use. Ethiopian citizens are required to state the ethnic affiliation during their
everyday transactions with government offices. Correct affiliation being one
based on identification with one of the 85 officially given ethnic categories.
Correct identification itself is based on mother tongue or household
language use or descent. The imposition of ascribed ethnic classification is
a source of common complaint, among de-ethnicized urban folk who wish
to self-identity as Ethiopian only and among those offspring who are from
parents belonging to two different ethnic groups. Such institutionalized
forms of ethnic categorization and division contributed to many citizens’
profound fear of state instability (Alem, 2003 ： 21-22).
 Cont…
•Ethnic federalism institutionalized ethnic groups as fundamental
constituents of the state. It established different ethnic groups as social
categories that sharply distinct from the over-arching category of
citizenship. Many citizens are worried that it might lead to the demise
of the state altogether. Thus, there is no evidence that new ethnic
nationalisms have emerged in Ethiopia as a consequence of ethnic
federalism. Perhaps the ruling party (EPRDF) plays a functionally
equivalent role. Nonetheless, it is a coalition of ethnic parties, but not
a monolithic party. In the Ethiopian case, the constitution provides for
political pluralism. Indeed, 64 political parties were officially
registered with the National Electoral Board by August 1996. The
Ethiopian constitution is also premised on liberal democratic
conceptions of community and individual rights (ibid: 23).
 Cont…
•Meanwhile, during the recent Ethio-Eritrean border war (1998-
2000), the Oromo Liberation Front is the conspicuous exception in
that it aligned itself with Eritrea during the border war.
Nonetheless, tragic as it was the conflict that demonstrated a
genuine and high degree of pan-Ethiopian nationalism among
members of diverse ethnic backgrounds. EPRDF has been
undergoing an organizational and ideological crisis since 2001. It
may face a great challenge in sustaining the ethnic federal project
unless it undergoes ideological and organizational changes. Only
time will tell whether it can do so without severely undermining the
territorial integrity and political management of the federal
structure or not. If the federal state were to be in grave danger or
collapse, the military may once again seize power (ibid: 24).
 Cont…

•The adoption of ethnic federalism in Ethiopia might disrupt the

natural course of peaceful integration among members of different
population groups, which could come over time with improved
education and communication systems. Dividing nations, nationalities
and peoples based on linguistic, religious, or regional differences will
not only lead to social disharmony but will also arouse the desire by
groups to press for secession in the future. As a result, ethnic
federalism would also be a threat to the unity of its people and to the
maintenance of its territorial integrity (Keller, 2003).
•Therefore, such kind of unpleasant situations can create challenge to
government on the administration system; social, economic and
political development aspects; and unity and stability of Ethiopia at
large and nations, nationalities and peoples particularly.
 [Link]
•After the fall of Derg, the transitional government and democratic
rule were established in the country. In 1995 constitution,
government expressed its commitment to uphold democracy and
declared Ethiopia as a democratic country. Hence, Federal
Democratic Republic of Ethiopia (FDRE) was set up. As a result,
political parties are established and a free press began to circulate for
the first time. Federalism is principle that promotes the division of
power between central (federal) and state (regional) governments.
Federalism coordinates the central and regional governments
together for a common goal. The functions and authorities assigned
to federal and regional governments are stated in the FDRE
constitution (refer articles 51 and 52). Today, there are nine regional
governments which form federation in Ethiopia.
 Cont…

•Federalism of Ethiopia may be identified as territorial or ethnic

based has come to be seen as the best alternative to promote the
management of conflict prone multi-ethnic societies. In
principle, relating federalism to multi-ethnicity and its success as
a balance between unity and diversity involves a number of
factors. In particular, how the boundaries of member states are
drawn up and how powers are distributed horizontally and
vertically. Moreover, the institutional set up should be examined
if it represents a structure of diversity or at least minority
accommodation providing institutional and political power
which democratically command loyalty to the common state.
 Cont…
•Nevertheless, the new model of government appeared to be
peculiar because it not only follows an ethno-linguistic line for
state formation but also it allows the right to self-determination
including secession. The inclusion of the right to secession has
made the Ethiopian model of federalism prone to critiques. The
Ethiopian model of federalism in light of the inherent problems
it poses along with some of the existing opportunities. Particular
emphasis was given to power sharing arrangement-with a view
to see how wholehearted is the federal arrangement, inclusion of
secession clause-how far is it a threat to unity of the country, and
uniform human rights implementation-how far will it serve as a
binding force of the federation.
 Cont…
•As federal theories underline that the functioning of federal
system is not to be measured by only looking at the theoretical
justifications or constitutional frame work attempt was made in
the de facto federal system of Ethiopia from socio-economic
point of view revealing the asymmetric nature of the federal
structure. Hence, one can conclude that one of the major
problems of Ethiopian federalism that make the federalism
falter are half-hearted decentralization, deficient democracy, and
insufficient protection extended to human rights. Federalism has
already been institutionalized and member states of the
federation are exercising some degree of political and cultural
autonomy.
 Cont…
•Nonetheless, financial dependency of the member states on the
central government, among other things limits the scope of the federal
decentralization. Democracy as expressed through the principle of
popular sovereignty is not far out of reach legally, nonetheless, lack of
strong alternative parties due to many reasons, or lack of civil
societies and civic culture, undue interference in the independence of
the judiciary, and other reasons could not help democracy be utilized
concretely. Human rights are well articulated in the federal as well as
state constitutions to the extent of becoming an overriding principle.
The absence of strong law enforcement agencies and lack of political
will, however, could not enable intensive utilization of the principle.
 
 [Link]

•Based on detail discussion and conclusion, it is important to forward some

crucial recommendations on the Ethiopian federalism in terms of cause,
practice and prospect. For instance, Ethiopia’s political history has proved
that the unity of the peoples of Ethiopia that could be achieved only through
their mutual consent to live together in order to pursue their common
interests. Thus, the significance of the right to secede should be examined
and weighed up in relation to the purpose and object of Ethiopia’s federal
dispensation. Accordingly, the federal government of Ethiopia:
 Should create the potential in order to enhance ethnic harmony and
equality based on mutual respect and reciprocity instead of intensification
of ethnic conflict among ethnic groups
 Should encourage various nations, nationalities and peoples of the country
to move in the direction of unity in diversity and being sense of Ethiopian
under umbrella of ethnic federalism through awareness creation education
 Cont…
 Need to work out a mutual accommodation in order to support pluralist policies
and practices through in providing social services equally to all ethnic groups in
the country. In addition to this, Ethiopia needs to establish normal relations with
all its neighboring states as there are co- ethnics residing in all of them at the
interstate level
 Need of building democratic institutions that can sustain principles and values of
democracy in order to bring peace, stability and development
 Should strengthen system and principle of good governance based on
accountability and transparency as well as check and balance in order to promote
respect for human and democratic rights and common good across Ethiopia in
general and every regional state in specifically.
•Generally, these all directions have to put in to application in order to ensure full
exercise of federal system of government in the country. Unless and otherwise it
would be exposed to numerous critiques that can diminish the status of the country
at international arena in relation to other federal states in the world.
 
 The end

Thank you