Federalism and the Accommodation of Diversity in Ethiopia

Transcription

1 Federalism and the Accommodation of Diversity in Ethiopia A Comparative Study Assefa Fiseha

2 Contents Preface Acronyms and Glossary Chronology of Major Events Map of FDRE Ethiopia v xiii xvii xix Introduction 1 Background 1 The Research Questions and outline of the Study 2 Scope and Method 5 Chapter 1 The Context of the Federal System in Ethiopia 11 Part One 1.1 Historie Ethiopia as a De Facto Federation The Process of Centralization ( ) The Era of Written Constitutions The 1931 Constiturion The 1955 Revised Constitution The Ethio-Eritrean Federation ( ) The Revolution and the Coming to Power of the Military 34 ^_ The 1987 Constitution 39 fujthe Transitional Period ( ) 44 Piirt Two 1.4 The Challenges of Building a Multicultural State The Instrumentalists The Other Perspectives Ethnicity, Nationalism and Multicultural States Ethnicity Nationalism Conclusion 95 Chapter 2 Some Common Features among Federations Introduction Federalism and Federations Some Common Features among Federations Division of Power The Notion of Co-ordinate Relationship Limitations to the Co-ordinate Theory 107

3 FEDERALISM AND THE ACCOMMODATION OF DIVERSITY IN ETHIOPIA Confederations, Federations and Decentralized forms of Governments Written and Supreme Federal Constitution Rigid Constitution Umpiring the Federation Origin of Federations and the Territorial Autonomy of the States Extra-Constitutional Factors Conclusion 133 Chapter 3 Federations and Second Chambers Rationale Composition Selection of Members Powers The Role of the HoF in Intergovernmental Relations Conclusion 159 Chapter 4 Forging Unity out of Diversity in Some Multicultural Federations Introduction Nigeria Background Description of the New Federation Diversity Ethnicity and the State Reorganization Some Remarks India Background The Federation State Reorganization and the Ethno-Linguistic Demands Language Policy Switzerland The Evolution of the Federal System Diversity Language The Jura Case Conclusion 205 i Chapter 5 Federalism and Accommodation of Diversity: The Ethiopian Experience Introduction Origin of the Federation Federal Features 213

4 CONTENTS 5.4 Some Distinct Features Unicameral Legislature Federal Supremacy, Secession and implications for the Unity-Diversity Rationale behind Federations The Explicit Recognition of Nations/Nationalities as Building Bricks of the Federation and its Implications Limitations 245 * Failure to take into Account Historie Mobility and Inter-group Relations Boundary Disputes Issues of Legitimacy, Asymmetry and Resource Constraints TheThreatofLocalTyranny The Crisis in Gambela Benishangul-Gumuz The Harar City State Conclusion yphapter 6 Division of Legislative Powers 283 r 6.1 The Form and Scope of Distribution of Legislative Powers Exclusive Powers Shared Legislative Powers Framework powers Concurrent Powers Residual Powers Explaining the Paradox Conclusion 339 " *-Chapter 7 Division of Executive Power and Intergovernmental Relations Dual versus Executive or Functional Federalism Dual Federalism Executive Federalism Intergovernmental Relations Co-operative Federalism The Evolution of the System of Co-operative Federalism Comparative Evaluation The System of Intergovernmental Relations in Ethiopia Delegation Co-operation through Executive Institutions Co-operation through Party Channels Co-operation through the Process of Policy-Making 380 4,7.4 Conclusion 381

5 i, FEDERALISM AND THE ACCOMMODATION OF DIVERSITY IN ETHIOPIA Chapter 8 Federalism and the Adjudication of Disputes Federalism and the Adjudication of Disputes Differences Between the Institutions The Houseof Federation The Jurisdiction and Procedures of the HoF Organization of the Judiciary in a Federal System Jurisdiction Conclusion 422 I Chapter 9 Summary, Conclusions and Recommendations The Research Questions Findings Overall Conclusions The Accommodation of Diversity Reorganizing the Constituent Units: Three Options Power Sharing The Paradox between Constitutional Form and Federal Practice Epilogue: Is there a Future for Multicultural Federalism in Ethiopia? 431 References 435 Index 459 Curriculum Vitae 461