African Journal of Political Science and International Relations
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Article Number - 7173B9D65607


Vol.11(9), pp. 249-257 , September 2017
DOI: 10.5897/AJPSIR2015.0834
ISSN: 1996-0832



Full Length Research Paper

The protection of minority rights under regional constitutions in the Federal Democratic Republic of Ethiopia: The case of Tigray


Yohannes Mamo




Department of Political Science and Strategic Studies, College of Law and Governance, Mekelle University, Ethiopia.


Email: sintjohn1@gmail.com






 Received: 20 September 2015  Accepted: 23 December 2015  Published: 30 September 2017

Copyright © 2017 Author(s) retain the copyright of this article.
This article is published under the terms of the Creative Commons Attribution License 4.0


The issues of minority rights have been given a significant concentration in the political discourses of today.  In traditional literatures and policy packages, the issues have been given a special emphasis pertaining to the protection of minority rights. Since the end of the World War II, many international instruments are adopted, declarations are domesticated; Ethiopia is a case in point. After the downfall of the Dergue; Ethiopia has ratified international human rights instrument like International Covenant on Civil and Political Right (hereafter ICCPR), International Covenant on Economic, Social, and Cultural Rights (hereafter ICESCR) and African Charter on Human and Peoples’ Right (ACHPR) . As it is determined to follow ethnic based federal system under the existing Federal Democratic Republic of Ethiopia (FDRE) constitution that acknowledges unity within diversity. On the other hand, some studies revealed that the existing legal and institutional mechanisms of accommodation have practical gaps to effectuate the intention up to the grass roots. In lieu of this, the study explores the status of minority rights in the Tigray Regional State Constitution and its practical correlates on the Irob people in Eastern Tigray, and Kunama people in Western Tigray. In doing this, it takes a sample of three Tabias from two Weredas/ District in Kunama and the whole Wereda from Irob based on a purposive sampling technique. Consequently, the result of this study indicated that constitutionally, the Tigray National Regional State (TNRS) recognizes the existence of the Irob and Kunama people at least with the establishment of their local administration. Nevertheless, this notable achievement and the actual practice are not without limitation. Hence, ensuring of self-administration for the Irob people is simply the same as the other Werdas of Tigray; they are not treated as special Wereda to exercise their right. Given that constitutional recognition of minorities is not an end by itself; it needs to be supported by appropriate legal documents with its practical correlate of sustaining it, as it deemed required. However, there is no guaranteed special consideration for the representation of Irob and Kunama people in the Regional council and other Regional governmental institutions. Finally, the study suggests that the Tigray National Regional State should open legal and institutional rooms for the protection of minority rights that enable them to enjoy their rights and play roles in the existing federal system.

Key words: Ethiopia, Tigray, Federal Constitution, Regional Constitution, minority rights.

Abadir M (2008). The Human Right Provisions of the Federal Democratic Republic of Ethiopia Constitution in Light of the Theoretical Foundation of the Human Right,' Addis Ababa, Addis Ababa University, 1:91.

 

Aberra D (2008). 'The Scope of Rights of National Minorities under the Constitution of the Federal Democratic Republic of Ethiopia,' Addis Ababa University, Faculty of Law, Series in Ethiopian Human Rights Law.1:19.

 

Assefa F (2010), 'Federalism and the Accommodation of Diversity in Ethiopia: A Comparative Study,' Wolf Legal Publisher, third revised edition Nijmegen.

 

Federal Democratic Republic of Ethiopia Population Census Commission Central Statistics Agency (2010). Population and Housing Census of Ethiopia Results for Tigray Region Statistical Report. Addis Ababa, Branna printing enterprise.

 

Gideon C (2006). "The Development of Regional and Local Languages in Ethiopia's Federal Systems," in David Turton. (ed.), Ethnic Federalism: The Ethiopian Experience in Comparative Perspective, James Currey, Oxford, Ohio University Press, Athens, Addis Ababa University press, Addis Ababa, pp.165-169.

 

Olowu D, James SW (2004). 'Local Governance in Africa: The Challenge of Democratic Decentralization,' Colorado, Lynne Rienner publisher.

 

Risse H, Andrew C, Singh D, Keswani S (2008). "Local Government in Federal System," In John, Kincaid and Rupak Chattopadhyay (eds.), Unity in Diversity: Learning from each other, Daryaganj, Viva Books Private Limited.

 

Tsegaye R (2009). A Tall of Federations: Comparing Language Rights Regimes in South Africa and Ethiopia," Issues of Federalism in Ethiopia: towards an Inventory, Addis Ababa, Ethiopia Constitutional Law Series 2:115-160.

 

Watt RL (2008).Comparing Federal System Montreal, Queen's University Press.

 


APA Mamo, Y. (2017). The protection of minority rights under regional constitutions in the Federal Democratic Republic of Ethiopia: The case of Tigray. African Journal of Political Science and International Relations, 11(9), 249-257.
Chicago Yohannes Mamo. "The protection of minority rights under regional constitutions in the Federal Democratic Republic of Ethiopia: The case of Tigray." African Journal of Political Science and International Relations 11, no. 9 (2017): 249-257.
MLA Yohannes Mamo. "The protection of minority rights under regional constitutions in the Federal Democratic Republic of Ethiopia: The case of Tigray." African Journal of Political Science and International Relations 11.9 (2017): 249-257.
   
DOI 10.5897/AJPSIR2015.0834
URL http://academicjournals.org/journal/AJPSIR/article-abstract/7173B9D65607

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