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Ethnic Federalism in Ethiopia Challanges and Opportunities

Abate, Nikodimos (2004)
Department of Law
Abstract
The study of Federalism has attracted scholars of various fields for a long time. Federalism as an instrument of balancing the tension between universalism and particularism has drawn more attention in pluralistic societies. After the end of the cold war era there is a drift in to reaffirmation of ethnic identity as a means of determining the public life of a society, the venture to ethnify federalism might be regarded as a pragmatic solution but still prone to critique. How far ethnic federalism is a solution to problems of multi-ethnicity is yet to be seen. The choice favouring it is adopted in Ethiopia. The study aspires to clarify some of the ideas revolving around this form of federalism. More over the challenge this mode of... (More)
The study of Federalism has attracted scholars of various fields for a long time. Federalism as an instrument of balancing the tension between universalism and particularism has drawn more attention in pluralistic societies. After the end of the cold war era there is a drift in to reaffirmation of ethnic identity as a means of determining the public life of a society, the venture to ethnify federalism might be regarded as a pragmatic solution but still prone to critique. How far ethnic federalism is a solution to problems of multi-ethnicity is yet to be seen. The choice favouring it is adopted in Ethiopia. The study aspires to clarify some of the ideas revolving around this form of federalism. More over the challenge this mode of federalism encumbers Ethiopia with and the opportunities it is pregnant with are hoped to be identified with a view to see how best one can utilize it. In general this study consists of five chapters. The first chapter is introductory. Background, statement of the problem and methodology and source of Information of the study are stated in this chapter. Chapter two deals with conceptualization of the core notions of the study. This chapter will attempt to discuss Federalism, Ethnicity, and self-determination from a theoretical perspective. In chapter three survey of the constitutional development in Ethiopia will be made. Ethiopia's experience with written constitution and its treatment of issues concerning ethnicity, decentralization and/or federalism in its various constitutions will be put in perspective with a view to tracing continuity and discontinuity in the country's constitutional history. The FDRE Constitution will be a subject of analysis also. The Constitutional order will be described by focusing on the fundamental principles of the constitution. In Chapter four, the notion of federalism, ethnicity, and self-determination will be analyzed within the Ethiopian context. Their position in the constitutional legal order and the combined effects of the three in the country's public life will be explored. Vast coverage will be given under this chapter to problems concerning right of secession. Who is the claimant? What are the procedures? What institutions are involved? What difficulties are faced? How far is secession to serve as a solution to problem of multi-ethnicity? And, whether secession is a threat to the Ethiopian federalism? These and other related questions are hoped to be raised and answered based on the analysis of the texts of the constitution and other relevant sources. The constitutional recognition of customary and religious laws which is all the more intensified by ethnic federalism, the consequent pervasive legal pluralism and the impact on human rights protection will be the concern of chapter five. How can one maintain uniform human rights standards in a pluralized legal system? How do we handle human rights in the face of very slow, ill- equipped judicial system whose capability is as varied as the numbers of states and localities? An attempt to answer these questions will be made under this chapter. The study closes with some words of concluding remarks. (Less)
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author
Abate, Nikodimos
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law
language
English
id
1554862
date added to LUP
2010-03-08 15:22:41
date last changed
2010-10-19 11:07:30
@misc{1554862,
  abstract     = {The study of Federalism has attracted scholars of various fields for a long time. Federalism as an instrument of balancing the tension between universalism and particularism has drawn more attention in pluralistic societies. After the end of the cold war era there is a drift in to reaffirmation of ethnic identity as a means of determining the public life of a society, the venture to ethnify federalism might be regarded as a pragmatic solution but still prone to critique. How far ethnic federalism is a solution to problems of multi-ethnicity is yet to be seen. The choice favouring it is adopted in Ethiopia. The study aspires to clarify some of the ideas revolving around this form of federalism. More over the challenge this mode of federalism encumbers Ethiopia with and the opportunities it is pregnant with are hoped to be identified with a view to see how best one can utilize it. In general this study consists of five chapters. The first chapter is introductory. Background, statement of the problem and methodology and source of Information of the study are stated in this chapter. Chapter two deals with conceptualization of the core notions of the study. This chapter will attempt to discuss Federalism, Ethnicity, and self-determination from a theoretical perspective. In chapter three survey of the constitutional development in Ethiopia will be made. Ethiopia's experience with written constitution and its treatment of issues concerning ethnicity, decentralization and/or federalism in its various constitutions will be put in perspective with a view to tracing continuity and discontinuity in the country's constitutional history. The FDRE Constitution will be a subject of analysis also. The Constitutional order will be described by focusing on the fundamental principles of the constitution. In Chapter four, the notion of federalism, ethnicity, and self-determination will be analyzed within the Ethiopian context. Their position in the constitutional legal order and the combined effects of the three in the country's public life will be explored. Vast coverage will be given under this chapter to problems concerning right of secession. Who is the claimant? What are the procedures? What institutions are involved? What difficulties are faced? How far is secession to serve as a solution to problem of multi-ethnicity? And, whether secession is a threat to the Ethiopian federalism? These and other related questions are hoped to be raised and answered based on the analysis of the texts of the constitution and other relevant sources. The constitutional recognition of customary and religious laws which is all the more intensified by ethnic federalism, the consequent pervasive legal pluralism and the impact on human rights protection will be the concern of chapter five. How can one maintain uniform human rights standards in a pluralized legal system? How do we handle human rights in the face of very slow, ill- equipped judicial system whose capability is as varied as the numbers of states and localities? An attempt to answer these questions will be made under this chapter. The study closes with some words of concluding remarks.},
  author       = {Abate, Nikodimos},
  keyword      = {International Human Rights Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Ethnic Federalism in Ethiopia Challanges and Opportunities},
  year         = {2004},
}