Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
By Andualem Girma
ID. NO ECSU 1400295
MAY, 2016
ADDIS ABABA, ETHIOPIA
Declaration
I Andualem Girma, registration no ECSU 1400295, do hereby declare that this thesis is
my original work and that it has not been submitted partially or fully by any other person
for an award of degree in any other university /institution.
NAME OF PARTICIPANT: Andualem Girma
Signature
Date
This thesis has been submitted for examination with any approval as university
supervisor.
NAME OF ADVISOR: ATO ZERIHUN YEMER Signature
Date
Approval
The under signed certify that they have read and herby recommend to Ethiopian civil
service university to accept the thesis submitted by Andualem Girma entitled Minority
Right Protection in South Nation Nationality and Peoples Regional Government the
Case of ARI Ethnic Group" in partial fulfillment of the requirements for the award of
masters degree in MA.
Signature
Signature ---------Date
of
Head
of
Department
----------------------------------------------Signature
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Date----------------
List of Abbreviation
SNNPR
ICCPR
FDRE
UNESCO
UNGA
BOFED
SEPDM
CON
Council of Nationalities
HOF
House of Federation
ECSA
Glossary
BABI
Chief of Ari
Fitawrari
GODMI
Ritual Specialist
TSOYKI
information agent
Zis
village leaders
KEISI
commander
QANSA
Mana
RAS
duke
4
Gita Mana
black smith
Tilla Mana
potters
Acknowledgement
Firstly, I thank God and his Mom St. Mary for guiding me through out my academic and
social life without which accomplishment of this task would have been impossible.
I would like to express me heartily and happily thanks to my, advisor Asst, Professor
Zerihun Yimer for his tangible and important comments, insightful suggestions and
feedbacks without which this thesis would not have been fruitful.
I am thankful to South Ari wereda government morally and financially supported through
the period I wrote my thesis.
Special thanks to my mom W/ro, Roman Terefe I am very grateful to your continued
encouragement in my emotional and difficult times throughout my life. I would like to
say, my wife Ealsabet Sisay who gave me encouragement in the hard moments, while you
are living under stress. I always thank God for all the blessings He gave us in our lives,
specifically for our son Ellan. I also show my gratitude towards my informants in Gazer,
Debrestehay, Jinka, Hawassa and Addis Ababa for crucial role they played in the process
of collecting the data. At last but not least, I am indebted to all our family members as
well as my friends Frish, Walye, Muste, Abdu, Mesay, Yazew, Finot, Eyobe, Bedlu,
Dems,Tagay, Omo, Girma, Gebrea, Mulatu, Ashebr, Alex, Melkamu, Ato Ashenafi, Dr
Gebrea, Ato Kaydaki, Akal, W/ro Yeshihareg, Memru, Asfaw, Tesfu, Gizachew, Manekul,
Kibran and recently forgettable friends thank You for Your constructive influence in my
life.
CHAPTER ONE
1. Introduction
This research is will be conducted on the Minority right protection in Southern Nation
Nationalities and Peoples Regional State (SNNPR) the case of Ari ethnic group. The
Federal
political
system contributes
specially to multinational
societies, for
Blacks law dictionary defined the term as the smaller number of votes of a deliberation
assembly; opposed to majority; in context of constituents guarantee of equal protection
minority does not have merely numerical denotation but, refers to identifiable and
specially disadvantaged group.2
Ethiopia is a multi ethnic federal country that adopted federal system to accommodate
various ethno linguistic groups that exist in a country. Currently out of 85 ethno linguistic
groups that exist in a country. Currently out of 85 ethno linguistic group the 56 ethnic
groups lived in South nation, nationality and peoples regional state the region have 14
nationality zones and 4special weredas .
One of this is the South Omo zone, South Omo zone, located on the southern most border
of the country; it is the remotest not only in the country but also in the region (SNNPRS).
South Omo zone is the least studied area with 16 indigenous ethnic group and745,717
total populations however, they have not deliberately a power sharing in the regional
executive organ the practice is very contradict with the Federalism principle. The capital
of the zone was Jinka, is 750 km away from Addis Ababa. Distances are long and road
communication in the zone is extremely difficult, particularly during the rainy season
when riverbanks are over flowing, earth roads are impassable and bridges are submerged
or washed away. This is an area of tremendous diversity, with 16 different ethnic groups
(Arbore, Ari, Bacha, Benna, Beraile, Bodi, Dassenech, Dime, Gnangatom, Hamar, Kara,
Malle, Muguji, Mursi, Murule&Tsemay), who are primarily nomadic and semi nomadic
pastoralists. South Ari district-This is one of the 8 districts in South Omo Zone. It is the
nearest to the capital of the zone, Jinka. Capital of the woreda, Gazer, is 17 km away from
Jinka. The district has a total of 50 kebeles, and a total population of 246,579. The
distance of these kebeles from Jinka town ranges from 4 to 83 kms, with an average
distance of 37kms. Of all kebeles, only 24 (48%) are accessible by car using dry weather
roads. The other district was North Ari capital of the wereda was Gelila is 82 Km away
from Jinka with difficulty of transportation road and a total population of 87,028 In this
two woredas, there is one indigenous ethnic community called Ari with its own language
and culture. All the communities are settled farmers. , Ari is the majority of the zone
Birayle&Koygu is endanger in number.
The research mainly focused on the Ari ethnic group they lived in Debub and Semen Ari
weredas and in some Kebeles of Malea & Benatsemay weredas in south Omo zone. They
lived Out of South Omo zone in Ubadebretsehay, Gezeagofa, Gofazuria and Oydawereda
in Gamogofa zone.
2. Back ground of the Study
Federal political system contributes for the accommodation of diversity,
specially in multinational societies, that helps to reduce tension or conflict by
tolerating difference.
More over, the federal system of government allows the local governments to be flexible
and innovative and to conduct experiments for better democratic practices.
Federal system also refers to the advocacy of multi tiered government combining
unity and diversity, accommodating, preserving and promoting distinct identities with
in a larger political unit. (R.Watts, 1991)
So that it gives the groups the chance to administer themselves and give decisions on
matters affecting them.
It allows the minority groups to participate in decision making process at both levels
of governments.
3. Statement of the problem
In recent time, the issue of minorities representation in public and governmental
institution has become one of many serious Challenges in multi ethno-national, multi
ethnic linguistic and multi religious countries of the world. To alleviate these problems
many countries have designed various mechanisms that can be accommodation
minorities quest of recognition, equality and representation. Ethiopia is one of the multi
ethno national countries .however, most of its nations, nationalities and peoples had been
under extreme oppression and exclusion for a long period of time.
One of these the Ari ethnic also the disadvantaged and the least studied group they are the
victim of slavery during monarchial period and a bad relation with the Dergue
government.
Fleming
(1973,1976), have little to say about Ari in their works. In addition, some of these studies
were primarily linguistic in nature. Massyoshi Shigeta wrote his Ph.D. dissertation and
published a couple of articles on enset cultivation practices of the Ari(Shigeta
1990;91)6,Alexander
Nati
3Cerulli, Ernesta. 1956. Peoples of Southwest Ethiopia and Its Borderland. London: International
African Institute
4.1Generalobjective
The overall objectives of the study is to examine the legal and practical
protection and prospects in insuring the Ari ethnic rights to represent in
the south nation ,nationality and peoples regional states institutions.
4.2 Specific objectives
To show representation of indigenous minority at the regional level institutions,
To examine aspects of intra ethnic and inter ethnic relationships.
To examine the socio-economic and political problems of the Ari ethnic group
To discover the possible institutions and legislations that safe guard the autonomy
and empowerment of the Ari people within the regional state.
5. Research Question
What are the challenges that Ari ethnic faced to ensure their right to representation
and active participation in the regional institutions i.e. in the legislature, executive,
civil service organization and constitutional interpretation commission?
What are the root causes of inequality of power sharing in the regional level?
How the existing power sharing inequality does affects the development?
To what extent leaders involves improving their representation in the regional level.
7. Research Methodology
Source of data
To conduct this research both secondary and primary data sources were
used. As such, relevant legal literatures, books, articles and journals were
used so as to conceptualize and to analyze the issues associated with
mechanisms of internal minorities protection.
Other legal documents such as international instruments, the FDRE Constitution,
the Constitution of Regional State of the South nation, nationality and peoples.
interviews and personal observations were the primary sources employed so as to
determine whether there was harmony or otherwise between the legal protections
envisaged and the practice.
Accordingly the researcher used qualitative research approach to conduct the
study.
Purposive sampling technique was employed to gather data from the
respondents.
Data were collected the employees and officials of different weredas that
the Ari they lived. from the South Omo zone officials, South nation
nationality and people region Civil Service bureau, Member of Parliament,
higher federal government official.
11
CHAPTER TWO
The Conceptual and Theoretical Framework
12
Later in 1966 the international covenant on civil and political rights (ICCPR) included
article 27 which related to persons are belonging to (ethnic, religious or linguistic
minorities.12(General assembly of ICCPR1966)But did not define the term minority.it also
stipulates that in those states in which ethnic religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right in community with the
other members of their groups to enjoy their own culture to profess their own religious or
to use their own language but it had not defined what the term minorities.
The term minority is also contingent up on place time rights or interests asserted and
relation with the majority in turn creates a problem to have universally accepted and
binding definition. However it is possible to mention some definitions that may serve as
indicates of whom minorities are. Among them the most widely accepted definition of
minority appears to be that proposed by Capotorti. He defines that a minority is a
groups numerically inferior to the rest of the population of a state in a non dominant
position, whose members being nationals of the state possess ethnic religious or
linguistic characteristics differing from those of the rest of the population and show if
only implicitly a sense of solidarity, directed towards preserving their culture, traditions,
religions or language13
This is the first valuable description that was provided by UN special reporter Francesco
Caportorti and has indisputably contributed to clarifying the problem of what criteria are
used to define a minority. Although these elements constitute important components to
characterize the term minority, it is not without shortcoming. To mention as an instance
one among the objective elements which are included in the definition of Capotorti is
numerical criterion.
Most federal systems have no clear minority rights protection regime under their
constitution. Under Ethiopian constitution rather than minorities proper, only the
nations, nationalities, and peoples (FDRE const, art39)14 of Ethiopia may be determined
11 UN charter
12General assembly of ICCPR1966
13Capotorti, F., Minorities, Encyclopedia of Public International Law, 1983.
14FDRE const, 1995
13
as minorities. Such nation nationalities and peoples of Ethiopia are those groups of people
who satisfy two requirements under the constitution, those having common culture,
language, or religion and constituting identifiable territory under Art39 of FDRE
constitution. From the above discussion, it follows that there is a need for some definition
which is universally accepted to prevent abuse against minorities by the states. The
difficulty then is the nature of the problem to be addressed i.e. the issue of diversity, is
complex because it differs from country to country. Because of this problem that the
ICCPR while recognizing rights of minorities fails at the same time to define who
minorities are. Although it is true that many minority groups are indeed smaller than
those that dominant them, these are countless case throughout history of smaller groups
whose superior
manipulate and over power large groups(supra note at6,207). 15 In this scenario it is
possible to mention as an instance the history of South Africa that was occurred during
the apartheid period. Nonetheless, the numerical element also raises some other difficult
question. For example how much persons should be considered as a minority and eligible
to claim minority rights. However, some scholars suggested adopting a pragmatic
approach in this respect. (Kristin Henrard)16
Even though there is forwarding range of critiques this definition has been also attempted
to shed light on the difficulties of what criteria make up a minority.
Asbjorne Edie is also another scholar who tried to define the term minority. He defines
it as any group of person residing within a sovereign state which constitutes less than
half of the population of the national society
characteristics of an ethic, religious or linguistic nature that distinguish them from the
rest of population(AberaDegefa 2008,27)17.
17Dagafa, Aberra, The Scope of Rights of National Minorities under the Constitution of Federal
Democratic Republic of Ethiopia, Series on Ethiopian Constitutional Law, Vol. 1,Addis AAU
Printing Press, Ababa University,2000.
14
Eidess definition seems much broader than those given by caportorti and Deschenes as it
excludes the requirements of a desire for equality or for preservation of culture.
To sum up, Caportorti mainly focuses on two basic criteria that are the numerical
inferiority and political as well as economic non- dominancy of the group. Deschenes
criteria are also to some extent similar with Capotorti, but he added as an element that the
factor of quality in fact and in law. Eides approach in providing the definition of minority
is understandable and simple that is a people which account less than half of the
population of the national society.
15
categorization of the Ari people as a minority groups let us try to glance at these
descriptions.
a) Religious minority groups: it is another important ethnic type of dominant minority
relations in various society throughout history21
meaning of the UN law refers to a group of persons who manifest profess religious
thoughts which differ from a state religion differs from the religion manifested by the
majority of a people which is in opposition to an atheistic behavior of the majority of
a population in particular if there is no complete freedom of religious tolerance in a
given country and if the members of the religious group want to uphold their
religion22. this has been true whether the groups are considered on the broad basis of
faith such as Christian, Muslim, and Hindu on the denominational suborders of faith
such as Roman Catholic
religious much more common are religious communities whose faith differs from
either the religion of the majority or the secular beliefs of the larger society and state
institutions.23 However this may not be pertinent directly to the issue hand rather it
facilitates the understanding of such sorting.
b) Linguistic minority groups: Language or mother tongue refers to the principal
language spoken in the home at the time of ones birth. 24in general a linguistic
minority is referred to as a group whose persons use a language in writing and or
orally in private and in public which differs from the use of the language in a given
territory and which is not considered the national language the aim of this group is
directed towards upholding and taking care of this language.(Assefa Fiseha 2006,83) 25
Conversely the Ari people are not merely identified by looking at their language As a
result it may not be possible to categorize them simply as linguistic minority.
21Supra note at 6,208
22Suprra note 12,26
23 ibid
24 Supra note 13,36
16
national minorities and ethnic minorities but have failed to define it There is often a
problem in defining concepts like ethnic identity ethnicity nationality and
nationalism.26 Like all other lack of clarity and authors as well as practioners have
used the min many different ways.27 it is striking to observe this fact not only at global
level but also in Ethiopian context nationality is a tribalistic group or a coalition of
tribes it has a sense of common historical origins and frequently develops a sense of
common destiny They also are sharing a number of cultural traits and intuitions
such as dress food and family patterns.
Aberra Dagafa stated that ethnic minority is a group having its own language culture or
history.28 whereas Ethnicity is a state of mind emanating from a feeling of separate
identity which in turn is based on shared cultural markers culture religion etc. nut more
importantly on the myth of common descent29 it is important to point out that the myth
of common descent is an essential characteristic of an ethnic group or ethnicity 30 more
over Assefa explained that the myth of common descent serves as a basis or in the
opposite case to include people who share the common decent but not the culture.
Nation on the other hand is more inclusive as it is supposed to be culturally or politically
defined.31Ethnic distinction may be readily discerned by an outsider observer due to
some form of cultural stuff32.Assefa stated as these markers move be yond with the
25AssefaFisehafederalism and the accommodation of diversity in Ethiopia.A
comparative study. Nijmegen/Netherlands; Wolf legal publisher 2006,83
26 ibid
27 ibid
28 Supra note 13,34
29 Supra note25,84
30 ibid
31ibid
32 ibid
17
group awareness of distinctiveness and these markers move beyond a mere means of
social distinction and became a basis from political mobilization ethnic distinctions are
transferred into ethnicity He as well provides as they are content to be called minorities if
their aspersions do not extend beyond special linguistic educational or regional autonomy.
On the other hand the distinction between the nation and the ethnic group is not all times
understandable Ethnicity generally refers to political expression of mobilized
collectivities seeking equity expressed in one way or another while nationalism basically
refers to a demand for independent statehood (Merara Gudina 2003, 30) 33 put differently
the consciousness of as ethnic group can transform from ethnicity to nationalism when
the group is led to demand the creation of a state of its own 34. Assefa also described that
when the political leaders of an ethnic group make demand to that effect the ethnic
movement by definition becomes a nationalist movement There and then ethnicity and
nationalism could mean one and the same thing 35 as it has been attempted to be elaborated
at the end of this sub-section more probable the Ari people are likely within the category
of the ethnic minority.
d) Indigenous people : Regarding the indigenous people to be considered as of minority
group Asbjorn Eide36 stipulated the following criteria They are descendants of a
people which lived in the region prior to the arrival of settlers coming in from the
outside settlers who since have become the dominant population. As an outcome they
have maintained a culture that is different in significant respects from that of the
dominant society when we attempt to examine them as a group they are in a lower
position within a given Country or Regional State in political as Well as economic
aspects However at least constitutionally there is no such categorization of minority
groups in Ethiopia.
e) Immigrant minorities Immigrant minorities are stipulated through the decision of
individuals and families to leave their original homeland and emigrate to another
33Merara Gudina Ethiopia competing ethnic nationalism and the quest for
democracy 1960-2000 Addis Ababa; chamber printing house 2003
34 ibid
35 Supra note25,84
36Supra note 13,39
18
society often leaving their friends and relatives behind 37 This decision is typically
made for economic reasons although sometimes also for political reasons to move to
a free or more democratic country Under this immigrant minority group there are
also sub divisions called immigrant minority with citizenship or have a right to
become citizens and immigrants without citizenship as well as immigrant minorities
that considered as refugees.
According to Will Kymilcka the characteristics of immigrants without rights of
citizenship refers to those migrants who are never given opportunity to become citizens
either because they entered the country illegally or because they entered as students or
guest workers but were stayed their initial visas He also described those immigrants who
are with citizenship or
immigration policy which gives them the right to become citizens after a relatively short
period of time most of a time subject to minimal conditions in many parts of the world
most of the migrants today are refugees seeking asylum rather than voluntary immigrants
admitted under an immigration yet this may not be applicable straightforwardly to the
concern at hand rather it perceptive of such taxonomy.
f) Foreign born minority ; In some literatures they are also considering the so called
foreign born minorities This kind of minority appears in relation to the term
nativity is especially important in an immigrant receiving society such as the united
states As a result of the connection between early arrived and high status on the one
hand and between late arrived and low status on the other the lowest the other the
lowest nativity status in Americans of society is occupied by the foreign born of
first generation Native born Americans of foreign-born parents or of parents of
mixed nativity are commonly referred to as the second generation The African
Americans are not only because they were brought to America involuntarily as
slaves but also because they were prevented rather than encouraged from integrating
into the institutions of the majority culture
g) Non-
national minorities;
19
literally to call their own - exist in all parts of the world They find themselves
sharing states that are provided
non nationals
excluded from such minority category sui generis groups; Will Kymlika and Wayne
Norman also categorized a different group of minority
Regarding This type of category of minority they mentioned as an instance that the
African Americans Roma gypsies and Russia in the former Soviet States They have
been stated that as any reference book on ethnic conflict makes it clear there are a
number of ethno cultural groups in the world that do not fit comfortably.
h) . Racial minority groups ;Another classification of minority group is called racial
minorities even though there is a controversy in its existence Actually physical
anthropological lines have been unable to discern clearly distinguishable races along
hereditary and biological lines38 nor have scientist been able to prove that cause-andeffect relationship exists between color head shape and other the racial traits on the
one hand and personality and culture on the other 39. (However, the American Social
psychologist W.I Thomas declared if people define situations as real they
real in
their Consequences40 Social races indeed real even if biological race not.
Having in mind the above typology of minority groups it is time to look at the type o
minority groups the Ari people can be as such simple task to put a given
minority
group into its proper classification There is often a Problem in classifying the type of
minorities due to the existence of complexity of relation among minorities. Specific
ethnic group can and indeed do have ambivalent social relation with each other 41.They
can be allied racially but separated from each other in religion and nationality, as in the
case of many English Protestants and Irish Catholics. Or they may be similar in religious
identity and status but different in race and nationally as its is illustrated Arab and east
African Muslims. Again people may share the same nationally but different in race and
religious affiliation42.
38Supra note 6,208
39 ibid
40 ibid
41 ibid
20
44
Each
minority group enjoys necessary support and protection, including positive measures of
the state from which national minorities should benefit. This does not necessarily mean
identical treatment or every differentiation in treatment constituted discrimination, rather
it means treating those who are relatively in the same position in similar manner and treat
those on different position differently. In the provision of the FDRE Constitution which
deals with equality, that this right is given to for groups. However, if the rights to equality
of individuals who are members of minority groups are protected, we can say that the
minority groups are at equal footing with the majority. Even though the protection of
minorities is inspired by the principle of equality, it requires state to take positive
measures to create favorable conditions to make minorities express their characteristics
and to develop their culture, language, religion, traditions and customs.
2.3.2 The language right
Among the most crucial affairs that need special care in multi-ethnic state is language and
policy are mentioned first since unity should be preserved without compromising
diversity. There must be a communication and mutual understanding among the linguistic
groups by having at least one common language depending on the countrys economic,
42 ibid
43 FDRE constitution
44 ICCPR
21
social, cultural & political past, present realities and future aspiration. Linguistic rights
are part of fundamental rights, which constitute essential elements in the set for juts
enjoyment of ones civil, political, economic ,Linguistics community can only survive for
generations if and only if they are officially practiced within a particular territory, and if
their language is the language of opportunity in that territory(Will kymilka 2001,79) 45.
However, it is challenging to sustain such predominant status for a minority language,
particularly if newcomers to the minorities territories are able to be employed and work
in the majority language. In addition to its essential marking of identify, language serves
as depository of identity, culture, history and other traditions in effect of their identify that
is considered to be a precious resource (Aberra Degefa 2008, 56) 46. Therefore, language
expresses feelings, thoughts and other experiences and is thus intimately linked to the
distinct life process of particular groups which is broadly embodied in culture as culture
is embodied in language. (Assefa Fiseha 2010, 194)47 So, language is a key symbol for
ones group for self-expression, self-maintenance and self-determination.
2.3.4 The culture right
The convention on the protection and promotion of diverse cultural expression explained
the cultural diversity as one of the defining characteristics if humanity and knowledge the
cultural diversity among state and within state encourage different views on the
protection of ethnic groups. Accordingly, it clearly states cultural diversity can be
protected and promoted only if human rights and fundamental freedoms, such as freedom
of expression, information and communication, and the ability of individual to choose
cultural expressions are guaranteed (art1, UNESCO 2005).48 The promotion of minority
involves their culture that requires recognition and legal protection as the article 27 of the
45Kymilcka, Will (2001) Politics In the Vernacular; Nationalism,
Multiculturalism and citizen ship. USA; Oxford University press
46Degefa Aberra (2008) The scope right of National Minorities under the
Constitution of the FDRE A series on Ethiopia Constitutional Law Vol,1, Addis
Ababa University Press,P.56
47Assefa Fiseha (2010) Federalism and Accommodation of Diversity in
Ethiopia A Comparative Study (3rd edition). Nijmegen, Eclipse press
48 Art 1, of the UNESCO (2005) Convention on Protection and Proclamation
of Divers Cultural Expression of 20 October 2005.
22
ICCPR entitles them to the recognition and protection of their rights to enjoy their own
culture in community with other members of the country.
Dispersed minority groups the numbers of which are reasonably representative should
exercise their culture, language, tradition both at public and private affairs. Moreover, the
right to existence is the founding brick of rights of minorities as the existence of other
rights is necessary only when the group exists. Even the right to retain distinct identity
presupposes the right to existence so that the later constitutes the supreme right in the
hierarchy of rights of human beings be it individual and group right (Aberra Degefa
2000-54)51. Distinct identities of minorities such as linguistic, religious and cultural
identities can be a point of concern when the right to physical existence and preserve
separate they need guaranteed representation and power sharing in the socio-political
affairs.
23
52 Art6 of ICCPR
53 FDRE constitution
24
colors, language, religion, national and social origin, birth and other status.(Art 14 of
ICCPR)54 can be seen either from the angle of substantial or formal or both.
Self-determination is one of the most important rights of oppressed population groups
because of its multi-faces. It can be seen at the same time from political, economic, social
and cultural rights. The FDRE Constitution conferring the right to self-determination on
nations, can be understood as the right to autonomy (self government), the right to speak
their own language preserve their own culture, history, identity and to separate
institutions.(Art39&52 of FDRE )55.
The right to self-government as an element of the right to self-determination exists for all
nations, the makers of the FDRE Constitution (Art39 of FDRE) 56. It is limited selfdetermination in areas of political and economic affairs at sub-governmental level. Each
nation of Ethiopia has the right to full measure of self-government which consists of the
right to establish institutions of government in territory they inhabit and equitable
representation at both federal and state government level.(Art39(3)&(47-2)57. The FDRE
Constitution is unique in granting, theoretically, to all nations regardless of their
numerical size and political self consciousness to exercise the right to self-government. In
practice, there are various models applied in sense that while some nations managed to
establish their own home land regions others have established sub regional Autonomy by
establishing their own separate Zone or Woreda. The Ari ethnic group is the majority of
the zone they settled in different weredas but other ethnic groups less than Ari they have
Special wereda, special wereda is equal with zone administration in south nation
nationality region. Despite the vertical division of power between the federal government
and the units there are group of scholars arguing that the expenditure needs of units is by
far smaller than their revenue sources since most of the lucrative sources of revenue are
almost totally reserve to the federal government.
54 ICCPR art14
55 FDRE constitution
56 ibid
57 ibid
25
26
The Ethiopian federation to some extent (at the beginning) was attempted to employ this
mechanism, although any new states are not organized yet as well as there is a wide gap
between constitutional provisions and actual practice. In the southern regional state case,
particularly the establishment of ethnic based zone or special Woreda administration
structure is interesting practices, though the actual practice of its autonomy is not such
visible except a few cases like Silite ethnic group.
2.8 Granting non-territorial (cultural autonomy)
This mechanism is based on a dissociation of autonomy and territory if it is not possible
to change existing borders or to create new territorial entities, ethnic minorities could be
granted a form of non-territorial or cultural autonomy.61 So, in areas where indigenous
ethnic groups are found to be territorially dispersed, different administrative hierarchy
should employ the notion of person based federalism or a non-territorial form of cultural
autonomy. Cultural and linguistic autonomy can be sought to these identities found
territorially dispersed, including those members of the homeland minority who have
moved elsewhere in the country, without necessarily taking a territorial autonomy in the
form of zones or woredas.62 Its aim is to strengthen the identity of a minority based on
language and culture. The claim is it supports political stability by providing nondominant groups with a mechanism that enables them to minimize the effects of their
position in the large society63. Here, the respective minority groups are empowered to
protect and practice their identities wherever they live including a territorial autonomy
while they may exercise it in their homeland. Minorities frequently find democratic
majority rule process to be extremely threatening. The danger is that majority will simply
use its power and then taken a way the rights of the majority.64 Minority rights are not
well addressed even the current minority protection schemes. The existence of a federal
61 ibid
62Yash Ghai,2002;cited in Assefa Fisseha 2012 Ethiopian experiment in
accommodating diversity;20years Balance sheet regional and federal
studies,p,457
63 See Assefa Fiseha 2012 ,p,457
64Accessed on January 10,2016 (http://WWW.colorado. Edu
conflict/peace/treatment).
27
28
29
30
31
deeply divided societies, which are grappling with the very definitions of their unity82.
For the reason that, it should be a sign of their interests, beliefs symbols, aspirations,
ideals so that finds out who are a given community, people of a regional state or at large a
nation, though, this can affect by the makers. Since the ancient Greek concept of the
demos already had several possible interpretations it could mean either the entire body,
the many the majority or the mob83.
Constitution making and constitutional choices are vital aspects of democratic
government; they are more than arid preparation of constitutional documents 84. To a
certain extent constitution making involves the embodiment of constitutional traditions of
the body politic in appropriate binding rules of the game that properly reflect the polity
model basis and socio-economic distribution of power 85. Constitutional choice involves
utilizing appropriate models that recognize the importance of institutional gin the lives of
humans, the significance of history and culture in shaping those institutions and
behavioral dimensions of the constitutional process in each case86. From the preceding
conceptual analysis, it is possible to sum up that there is a need for extensively achievable
devise and accomplishment of political system as to managing diversity. Therefore, it is
pertinent that the protection of minorities should be seen along with the accommodation
of ethno-linguistic diversity. In Ethiopia, so as to protect minority groups, this postulation
also includes the creation of regional state constitutions having the above perceptions as
background, at this instant it is vital to look at the federalism, democracy and managing
of diversity.
81 ibid
82 Ibid,p,10
83 ibid
84 Daniel J.Elazr, Constitutional-Making; Pre-eminently political Act,P.13
85 ibid
86 ibid
32
33
explore its main mechanisms and the debates around it. According to Watts, a federation
is made up of: Compound polities, combining strong constituent units of government and
a strong general government, each possessing powers delegated to it by the people
through a constitution, each empowered to deal directly with the citizens in the exercise
of its legislative, administrative, and taxing powers, and each directly elected and
accountable to its citizens (Watts, 2001:27)92. Federal ideas about balancing forces of
unity and identity if the center is too strong and swallows identity, then this will lead to
conflict and in turn becomes a danger for unity. On the other hand high domination by
constituent entities against the state may also allow the regional state to leave the
federation easily and thus becomes a threat to unity. Therefore, a wisely farmed
federation has to provide proper balance between these tensions. While identity has to be
properly accommodated hold the constituent unit together (Assefa Fiseha 2007, 112)93.
2.11.2 Federalism versus democracy
The diversities that exist in contemporary societies are themselves divers.(Watt,2008,43) 94
the diversity of diversities means that there can be no single or universal set of
strategies for the successful management of conflicts of diversity 95. Any set of
constitutional arrangements, institutional structure, public policies, and political practices
designed to manage or mitigate conflict must be rooted in a deep understanding of the
particular contexts in which differences appear96. Yes, it is without a solution to deny that
92 ibid
93Fiseha, Assefa, Federalism and the Accommodation of Diversity in Ethiopia:
AComparative study, Revised 2nd ed, Forum of Federation, 2007 .
34
one of that advantage of federalism is that it comes in so many shapes and sizes 97
assists to manage diversity. It has become almost common to address the problem of
relationship between federalism and democracy98. Democracy, basically, is majority rule
founded on the number of votes cast, each vote having equal weight, whereas federalism
when protecting territorial segments and its minorities implies equal or weighted
representation of uneven units99. A frequent blueprint to complement the two modes is
bicameralism government proposals have to be voted on in two houses one representing
the people, the other represents the member constituent units.
Given that democracy self-evidently implies one man one vote and majority principles,
as opposed to an equal status all cantons100 or the entire constituent units. However,
federalism and democracy can also be taken as constitutive principles of power control
for given political communities which have different values in the background, those of
diversity and equality, respectively101. For most ethnic groups and territorially structured
communities. Federalism has the advantages of being a provider of accommodation with
the potential to respond adequately to problems occurring in multicultural and
multilingual settings102.
Minority protection has to be understood merely as immanent to a democratic question 103.
If both federalism and democracy, when interpreted as constituting principles, are
principles of power control, the main problem can be summed up as follows can the
97 ibid
98Lidija R BastaFleiner and Thomas Fleiner,(eds),Federalism and Multiethnic
States The Case of Switzerland ,Lidja R BastaFleiner Minority and Legitimacy
of a Federal State; an Outsider Perception of the Swiss Model,P.94
99 Wolf Linder, Swiss Democracy; Possible Solutions to Conflict in
Multicultural Societies,198,P.159
100 Supra note at-101 P.94
101 ibid
102 Supra note at 3,P,21
103 Supra note at 101,P.38
35
equality of all citizens be understood in a way that permits also local i.e. group liberty? 104
So as to minority groups empowered to make decisions in line with the principle of
federal democracy. On the other hand, as managing of diversity is linked to the
establishment of federal arrangement, then it is important to see the relationship of
federalism and diversity.
2.11.3. Federalism and Diversity
The last ten years have witnessed a remarkable upsurge of interest in two topics amongst
political philosophers the right and status of ethno cultural minorities in multi-ethnic
societies (the minority rights-multiculturalism debate)105 and the virtues, practices, and
responsibilities of democratic citizenship (the citizenship-civic virtue debate). Emerging
democracies in Europe and elsewhere are currently attempting to design constitutions that
combine effective government, recognition of diversity within their populations, and
protection for rights106. Federalism and federal arrangements are among the options from
which they must choose in seeking to achieve these objectives107.
There are a range of strategies to manage diversity. Some scholars bring into play
inclusive criterias such as stability, constitutionalism, recognition, and social justice or
equality on the road to provide strategies for managing diversity. In some societies
repression, exclusion and marginalization, or assimilation have been used as line of
attack. At one extreme is repression, which has all too often the form of genocide and
forced ethnic cleansing108. Others have used an exclusion and marginalization, where
minority groups simply exist without meaningful participation in the economic or
political life of the larger society109. Similar to Ethiopia others also have preceded
104ibid
105 Supra note at 15,P1
106Ellits Katz and G. AlenTarr(eds),Federalism and Rights,1996 P.ix
107 Supra note at 34,P.94
108 Supra note at 97,P.57
109 ibid
36
assimilation that the dominant society puts strong pressure on minority cultural groups to
abandon their own values, beliefs, languages, and traditions and adopt those of full wider
society if they wish to be regarded as full citizens 110. Minority cultures and language will
be subordinated, sometimes by force, at other times by persuasion 111. The most part of
malfunction of managing diversities emanates from bearing in mind it as a saddle.
Diversities are not to be considered as a burden but as an asset that states can build on 112.
Diversity as a social reality, at all times existed; it becomes a trouble when the groups in
order to identify the underlying logic and social implications of minority rights claims
will kymlicka asserted that we need first to consider what shorts of groups exist within
the state. Different kinds of groups face very different kind of challenges finding their
place within the larger state, and therefore demand different kind of special
accommodations. To achieve minority right protection goal the essential elements are:
shared rule in law-making (constitution, legislation and eventually, executive) process
and regional self-rule (autonomy) including groups rights113. Different communities also
need to be able to faster their identities with regard to education, religion, communication
media, social network, etc.114. Diversity enriches politics, culture, legislation and the
judiciary115. They educate people to tolerance, flexibility and mutual respect. A polity that
builds on an accommodates diversity provides for more Justice and better guarantees of
human dignity because it respects the reality of the diversity of the human nature116.
110 ibid
111 ibid
112Watts, L.Ronald and Chattopahayay R eds. Building on and
accommodation of diversities,2008 Akhtar Majeed, Jonah Isawa
Elaigwu,Thoms Fleiner and Mahendra Prasad Singh, Building on an
Accommodating of Diversities,P.3
113 Supra note at,117,P.6
114 ibid
115 Ibid,P.6
116 ibid
37
The usual institutions for conflict management are the Judiciary, the legislature, the
constitution making power, and the executive and administrative institutions 117. These
traditional conflict management institutions will only be useful for conflict managements,
however, if they are able to recognize and respect the vital interest of the different
diversities118. Yet, managing diversity and federalism are interrelated nations as to
managing disagreements.
For the most part extensively accomplished political arrangement with respect managing
diversity is federalism. But where, as is not often the case, the groups are territorially
concentrated, and then federalism is the preferred strategy for successful management 119.
Federalism in deeply divided societies, those with territorially concentrated, selfconscious, politically mobilized minorities-or nations are likely to be more decentralized
than federations in societies that are more homogeneous, or whose minorities are
numerous and geographically dispersed120. This logic also serves to deal with the concern
of minorities that are brining into being within states; especially, in which intensely
diverse societies, those with territorially intense, self-conscious, politically mobilized
minorities.
CHAPTER THREE
117 Ibid,P.16
118 Ibid,P.17
119 Supra note at,97,P.64
120 ibid
38
or
village
leaders),tsoiki(information
agent)
and
Keisi
(commander)
(GebreYintiso the Ari of Southwestern Ethiopia 1995 p,19) 122territorial frontiers existed
between chiefdoms, though they changed from time to time depending on the military
strength of the warring polities .in comparison with other Ari chiefdoms the baka polity
was military stronger ,a fact which enabled the Baka to wage wars and annex the
territories of the neighboring Shangama chiefdom. The Baka also fought against the Male
people and annex territories.(Remapping Ethiopia, memory and the humiliation of Men;
Ari Alexander Natyp,61)123however, Oscar Neumann told us during the aggression time
121Alexander Bulatovich1892:69
122GebreYntiso. 1995. The Ari of Southwestern Ethiopia: An explanatorypractices. MA Thesis,
Department of Sociology and Social Anthropology, Addis Ababa University
123Remapping Ethiopia,memory and the humiliation of Men; Ari Alexander
Natyp,61
39
of The Male are not yet absolutely subjected by the Abyssinians. Here I found, for the
first time, bows and poisoned arrows, while in all the countries passed before the spear
and sword were the only arm Neumann, Oscar (1902)124. From the Somali Coast through
Southern Ethiopia to the Sudan The Geographical Journal, Vol. 20, no. 4, pp. 373-398s.)
125
One of the witness of the aggression of the Northern was a twenty year old
Englishman, H.S.H. Cavendish who, coming from Somalia, reached the mouth of the
Omo on 22 March 1897. He seems to have spent only two weeks in the area, during
which time he visited the Murle and Murutu. The account of his journey, which he
read to the Royal Geographical Society. interesting light on the national competitiveness
which lay behind the exploration of Africa in the 19th century, as much as it lay behind
the exploration of space in the twentieth Cavendish was in fact the last European traveller
to visit the lower Omo before it came under the control of Menelik, who sent two military
expeditions to the Omo delta, one coming from the west (Maji) side of the valley in early
1898 and the other from the east (Bako) side a year later. The first was led by RasWolda
Giyorgis (Bulatovitch 1900).126
The expansion to the peripheries entailed a spread of the northern system of peasant-lord
relationships to the newly incorporated areas. It creates a bad relationship between Ari
and the new administers. A fixed annual tribute was introduced and the power to
administrate and collect taxes was given to soldiers from the north (neftenya) who had a
prominent role in the conquest or local traditional elites (balabat) . In some areas,
primarily in the lowlands, the Emperor expropriated land and the peasants who
previously owned soil there had to buy it back from the state (Donham, D. And James, W.
1988.).127 In the early decade of the 20th century, the newly incorporated peoples were
chiefly administered by the nobility who helped to conquer the peoples and their lands.
Even if in the Christian kingdom nobilities possessed only the rights to collect tribute
124Neumann, Oscar (1902). From the Somali Coast through Southern Ethiopia to the Sudan
The Geographical Journal, Vol. 20, no. 4, pp. 373-398
125ibid
126Bulatovitch 1900
127Donham, D.And James, W. 1988. 'Southern marches of Ethiopia: essays in history and
social anthropology'. Cambridge: Cambridge University Press
40
from peasants, in the south they were given the land and the peoples they conquered
(Adhana, 1994).128 These governors paid fixed tribute to the emperor exploiting tradable
resources such as gold, ivory, coffee, slaves and civet musk in southwest and western
parts of the country. Remote areas of the empire thus became the hunting ground for slave
trade in the early decades of the 20th century. Indigenous peoples were also forced to pay
tribute such as livestock or honey and daily labor to governors and others court associated
officials, tribute collectors, soldiers and civilian settlers. Policies of land alienation and
settlement implemented among indigenous people made them landless and tenants for
decades to come. The governors established different garrison centers later emerged as
town / ketemma/ among the indigenous communities and administered the people,
usually appointing local people- powerful families in the area or ritual leaders- to
facilitate tribute and labor service (also referred as gebar labuor) (Blackhurst, Hector
(1980).129The earlier garrison Bako, at emerged as a significant administrative center in
the area. Bako is situated on a hillside, and as a matter of fact, most towns in southern
Ethiopia that grew from a garrison center are in hilly areas. The location of these
garrisons was strategic, i.e to control local peoples from higher places. Practice was
corresponded by stereotyping values, culture and identities of different peoples in south
(Bahru Zewde 1991.)130.The stereotyping produced different derogatory labels, which in
most cases had racial tone like Shanqilla referring to all black peoples in the south
remote parts of the country in contrast to light skinned colors of the conquers. In this
aspect, Oscar R. Neumann, during his journey via southern Ethiopia in 1902 wrote in
reference to parts of Omo lower valley Abyssinian... killed a lion, elephant, rhino,
giraffe, or buffalo, and even a poor shanqilla, that is to say, any of their large game. I may
here mention that the Abyssinians call shanqilla not only the tribe called Beni Shangul by
the Arabs, living on the Ethio-Sudanese borders, but all the Sudanese and black people
living in the countries around Lake Rudolf and near the Omo. That is, all dark-colored
128Adhana H. Adhana 1998. 'Tigray the birth of a nation within the Ethiopian polity'
129Blackhurst, Hector (1980). Ethnicity in Southern Ethiopia: The General
and the Particular Journal of the Clapham, Christopher (1975).
Centralization and Local Response in Southern Ethiopia African Affairs, Vol.
74, no 294.
130BahruZewde 1991. A history of modern Ethiopia: 1855-1974. London:
James Curry
41
people with the exception of the Somali and the Oromo (Neumann, 1902: 385-86). 131They
had the luck to kill one of the large pachyderms near a small hill, and called on their
patron saint, when suddenly the hill began to dance and sing, "Adoshebai, Adoshebai." So
they now look upon the plain as the home of this spirit. The spirit Adoshebai of the
Abyssinians combines the qualities of a devil and patron saint of the hunters. They call
upon Ado-shebai .(Neumann 1902; 386)
132
and the peoples of the Omo valley havent a value more than the hunting animals by the
conquerors, they recognized killing by dancing Adoshebay this is showing stereo typing
of the ethnic groups. A wide scale settlement continued for decades, and shaped the
construction of identities in south. Ari is one of the victims of stereotyping and domestic
slavery as Neumann said the conquerors called the people of the lower Omo valley by the
name of Shanqilla. Ari, was one of that ethnic groups. This bad relation continued for a
long period of time until the coming period of EPRDF. Alexander Naty in his book says
Ari families had to perform labor services for the solider settlers. When families failed to
pay tribute or to perform labor services, there members were taken as domestic slaves.
Similarly, many individuals were enslaved through a practice known as lebasha.
(Alexander Naty 1974-59).133The Ari got temporary relieve from these landlords when
Italian forces controlled the area. during this time Ari local chiefdoms Babi Diksi Urki
and Babi Gerebabs Diksi fought with the Italian aggressor force and Italians defeated by
the Ari return back and they concurred the Ari land after one year this is the un told
history of the Ari. During war time the Ari robbed by bandit and Italians. After the
liberation of Ethiopia BabiDiksiUrki received kegnazmach, BabiGerebabsDiksirecived
the title of Grazmach from the Ethiopian Emperor HailesillsieI. (Ari neqash3 Andualem
Girma, GebreYintiso page)134 .
42
CHAPTER FOUR
4.1 Recognition of rights of minorities and participatory rights
Human rights are implemented based on the equality principles and thus belong to
everyone and are applicable uniformly. Then minority rights protection scheme is an
additional right for specific group of persons who are determined as ethnic minority.
While non discrimination principles in international and national legal documents are
there to avoid discrimination .i.e. different treatment which is committed most of the time
against minorities, minority rights protection is introduced to preserve differences
(identities)135.
Minority rights are permanent and inherent rights of minorities to preserve their identity.
Such rights should not also be taken as special benefits for the minority group. They
rather are inherent rights for those groups to preserve and enjoy it identity (language,
culture, and religion like what the majority enjoys.
Full realization of minority right is possible only through accommodation of the minority
group in the political process.136A mere existence of principles of federalism on paper
135 Accessed January 23http://WWW ohchr.org/documents/publication/fact
sheet)
136 Ibid
43
44
mana childrens gained a chance to attend higher education currently some local leaders
from the mana however, there is big gap between Qansa and mana. The manas are
spatially segregated, economically disadvantaged, politically disempowered, socially
excluded and culturally subordinated. These dimensions of discrimination are starkly
manifested in every aspect of daily life.
Particularly to describe the social system in the south and southwestern part of the
country, where the social exclusion of these groups is more institutionalized than in the
rest of Ethiopia (Freeman and Pankhurst, 2001)141.
4.3 Intra, inter relationship of Ari and the quest of Autonomy
The Ari people live in South Omo and Gamogofa zone adjacent areas, which are
combined hillsides, highlands and lowlands around Jinka, Bako, Tolta, Shangama, Gelila,
Uba,Biyo, Berka, Mester and in the northern part of Gelila. The total number of
population of North and South Ari wereda is 333,607 about according to south Omo zone
BOFED total population of the zone was 745,717 the two wereda population cover
44.7% of the population of the zone. The Debub Omo zone is ethnically very divers
without any group constituting the majority of the zonal population. 142 Literally, the term
Ari refers indigenous or people who created the first referring to the Ari people not
came from other place.143.
Male,Gofa,Basketa, Dime, Mursi, Bodi, Kara, and Banna. Ari is closely related to Banna
because a large number of words are shared by both languages. Thus the Ari have a
strong feeling of relatedness to Dime, Kara, Hamar, and Banna. (Gebre 1995,38) 144The
141Pankhurst, Alula(2001) Dimension and Conceptions of Marginalization in
Freeman Dena and Pankhurst, Alula(eds) Living on the edge ; marginalized
minorities of Craft workers and hunters in South Ethiopia, Addis Ababa
university.
142 Christophe Vander Beken, Unity in Diversity. Federalism as a Mechanism
to Accommodate Ethnic diversity; the Case of Ethiopia, Muenster 2012
143AndualemGirma South Ari Wereda annual magazine image printing
press,2014,P.34
144GebreYntiso. 1995. The Ari of Southwestern Ethiopia: An explanatory
practices. MA Thesis, Department of Sociology and Social Anthropology,
Addis Ababa University
45
long history of marriage relationships between the Ari, on the one hand, and the
Banna,Dime,Basketa, and Gofa, on the other. Moreover, the Ari recently have began to
intermarry with Kara and Male. The relationship Ari with Mursi and Bodi is characterized
by hostility. Around the Ari Mursi Bodi border has been suffering from continues
encroachment by the pastorals that Mursi and Bodi. During mediation between Ari and
Mursi in to 2014 the researcher also one of the member on the side of Ari. The Ari ethnic
predominantly agriculturalist living in permanent villages and they are a supplier cereals
for the pastoralist and they have a good relationship with the majority. The Aris interethnic relationships is not so strong because of in the past government of Ethiopia, the Ari
ethnic group were administered in different administration zone due to this case, the
psychological set up of the Ari not seems strong. That means for unification case they are
not strong like other ethnic groups the South Ari government teach childrens by their
mother tongue but, the North Ari government refuse to teach the mother tongue by the
difference of dialect. Continuously the Seyki Ari asked the right of autonomy but, the rest
Ari wereda not support the Seykis. Most of the time cooperation between the Ari clans
and chiefdoms are poor. (Andualem, interview with Gebrea, 2015,13) 145 The Ari with
resident of the towns also a good and familiar relationship. But, recently according to my
informant in some government officials of the weredas expressed the feeling of narrow
nationalism but, this feeling not represent that all government officials of the Ari. During
my interview time with the former head of SEPDM (EPRDF) office of South Ari wereda
Ato Demisie Lalsi he told me the feeling of narrow nationalism in south Ari wereda some
government officials. (Andualem 2015, 7)146 however, the degree of the problem is not
more exaggerated if we compared to other areas of Ethiopia. Sometimes ethnic groups
struggle for their constitutional right of government and other ethnic groups not seen as a
healthy question and generalized as narrow nationalism one of the best example are the
Seyki Ari case the highland areas west of the shengamas kebele which administratively
belongs to the Gamogofa zone, The indigenous people here are farmers like North and
South Ari weredas the Seyki Ari have a similar linguistically and in aspects of culture
they are Aris but, they are under Gamogofa zone Ubadebrestehay wereda the wereda have
145 Interview with Dr. GebreaYintiso for south Ari wereda Annual magazine,
May 2015,P.13
146Andualem Girma South Ari wereda annual magazine, Image Printing
Press,P.7
46
17 kebeles out of this 12 kebeles resident the Ari but, they havent teach their childrens
by Ariaaf
the
wereda
officials
refuse
the
question
(Andualem
Girma
2015)147linguistically they are differ that Gofa. The Seyki Ari asked that the Zone
government to recognized Seyki Ari as indigenous ethnic of Gamogofa.
The Gamogofa zone not interested to recognize the Ari as indigenous ethnic group of the
zone like Gamo, Gofa, Zeysea, Gidicho and Oyda.By the response of the Zone
government the Seyki Aris developed the sense of stop living together with Gofa. The
quest for autonomy appeared as a surprise to the delegate who came to verify the Seyki
Ari identity. As my informant noted, The Seyki Ari elites wrote letters to the regional and
federal governments including the Office of the Prime Minister and the House of
Federation request their own woreda. But, the quest was note appreciated by the
government especially from the government of the region and Gamogofa zone the leaders
of the quest also imprisoned from three month up to three years. According to my
informants, the people wanted live within their own wereda or with Ari weredas.
4.4 Experience of power sharing in Belgium
Belgium became independent from the Netherlands after a nationalist revolution in 1830.
Occupied and devastated during both world wars.
other community were not at lower to flourish in Belgium. The power sharing
arrangement in Belgium, although complex has been running smoothly over the years.
The constitution of Belgium prescribes that the number of French speaking and Dutch
speaking ministers should be equal in central government. Brussels
government
have a separate
which has both communities representation equally. Other than state and
147 ibid
47
central government they made new form of government called community government
which has powers regarding cultural, educational, and language related issues. All the
communities of Belgium, minor or major enjoy equal rights everywhere in the society.
-
They gave equal powers to all communities minor or major doesnt matter.
Belgium and Ethiopia are Federal democratic countries having divers social set ups. Yet,
both took completely different approaches when it came to power sharing of power.
4.5 Participation of Equitable Representation and Power sharing
Federalism by itself is not an end to protection of minority rights. Every nation,
nationality and people of Ethiopia has the right to equitable representation and this is
guaranteed under Art.39 of the FDRE constitution and Art, 39 of the SNNPR constitution.
Legitimacy or representativeness of the federal legislatures both the House of People
Representative and the House of Federation is the first basic element which has to be
satisfied in a federal system. It is through laws made by the federal legislature that
practical functioning of federal system regarding common areas of interest is realized.
Thus, as long as the federal legislature lacks legitimacy or is not a genuine representative
of different groups within the federation, the federal system cannot function in a stable
and efficient manner.
Minority groups needs to partake in socio-economic and political affairs. They need
special representation in different government organs.
4.6. The Legislative Branch
4.6.1. The state council
The first constitution of SNNPR national Regional State was made in 1995 recognizing
three major organs of the region which were the state council, administration and the
judiciary. (Art 8, 1995 SNNPR const.)148 The president was serving as chief executive
and speaker of the state council. Latter on when the 1995 constitution of the region was
revised with the purpose of incorporating the principles of separation of powers, check
and balance and accountability separate speaker of the state council has been put in place.
148 Article 8 SNNPR Constitution
48
49
50
Total
13
3
8
3
1
16
2
16
14
16
59
35
5
21
13
3
2
2
7
3
21
22
23
24
25
26
27
28
29
30
31
32
33
Mareko
Nao
Oromo
Oyida
Shekicho
Sidama
Silte
Tambaro3
Tigre
Wolayta
Yem
Zeyse
Not stated
Total
1
2
7
1
9
73
21
3
4
68
5
1
3
408
1
0
0
0
2
4
3
0
2
6
1
0
0
51
2
2
7
1
11
77
24
3
6
74
6
1
3
459
153 Alexander Naty article in the Book of Remapping Ethiopia and after
socialism Wendy James, James Curey printing, Addis Ababa printing
press,P60
154 ibid
155ibid
51
of education and modernization of the Zone. Thus, current grievances of the Ari people
partly get its expression from the past.
4.8. Representation in the local government
The Southern Proclamation No. 51/2002 of 19 August 2002 grants cities, which comply
with criteria determined by the regional executive council, an important degree of
autonomy. These cities are administered according to the Council-Mayor system whereby
the Council determines policy and takes the important decisions and the Mayor performs
the executive functions. The members of the City Council are directly elected by the
citizens of the city. The members of the Council elect the mayor. This development offers
groups who are in a minority in Zonal terms but may have a numerical majority in the
city important guarantees of representation and self-administration. In this Proclamation,
we again notice the great care shown for the protection of the endogenous groups. Ethnic
groups endogenous to a particular city enjoy a specific legal protection. The endogenous
group that can be a minority in the city is assured of 30% of the seats in the City Council.
Moreover, the law stipulates that the Mayor must also be elected from the representatives
of the endogenous group. By taking these measures, the law attempts to assuage the fears
of endogenous groups about losing control over 'their' city. That these fears are very real
was illustrated by the serious riots in Awassa, the Southern regional capital, in May 2002.
These riots, which caused the deaths of many people, resulted from the fear of the Sidama
people that they would lose influence in 'their' city.156
During the time of data collection i have seen the Jinka mayor how to elect the member of
the Jinka mayor council. That around Jinka city Kebeles like Arkisha, sinegal, Kure,
Kaysa, Bako, Baystmal, Geza not taken the seats in opposed to this different weredas
taken this 30% seats like Male, Benatsemay, south Ariweredas. This weredas havent
adjacent boundary with Jinka city except south Ariwereda. However, that the
proclamation gave the seat for the surround Kebeles it shows absence of awareness of the
political leaders and fear of the lowlanders weredas losing influence in Jinka city.
Because, if the Ari controlled the seat of Jinka Mayor that the Male and other totally loss
their influence.
4.8. Quote of the Respondent
Quote 1: Farmer from Seyki male
156 Christophe Vanderbeiken 2013
52
...you know our relation. We are known by unity. We are One Ari we have one
language, similar culture e,we eat together, we go to the same market. But,
the government was not interested to live together. Our elite asked for our
identity the regional and the federal government. But, they are arrested Now
am also feared to speak about this our zone is Arbaminch it is far more than
700 km. but Jinka is near for us we are Ari but, we lived under Gofa in South
Ari wereda childrens learn by Ariaaf ,they have a traditional dress we
havent .
Quote 2: Political leader of the Zone male
. . . We are the same family th at the Seyki also Arians but they are under
Gamogofazone. During different political meetings we met with
Ubadebrestehay political leaders. They said why the Ari political leaders
forgets us we are Ari why not struggle for us? According to my informant
some of the Ubadebrestehay political leaders from the Ari ethnic group but we
fear to rise this idea because the right question politicized by the opposite
group.
Quote 3: Political leader of the Zone male:
...there are people who are they beneficiary from the past governmental
system of Ethiopians. By, the advantage of their topography that means
distance from the center. They have access of education they have educated
human resource during the transition period easily they controlled the
power. After that they pulled each other. The other main point is the
absence of representation of Ari in the regional executive was the absence
of unity between different wereda s political leaders of the Aris. We are not
cooperating each other and our struggle also weak. We raised this
question in different political forum but, the result was not good.
Quote 4: Officers of Zone (female)
..No i cant believe it, Ari not sharing political power in the regional level; we have
three political leaders in the regional level. but, out of these officials in the name of
region two officials serve in our zone two or three ethnic group controlled the
executive organ they struggle to strong their ethnic representation our political
leader not speak about fair distribution of power. Because, they fear for themselves
nobody talked about it.
Quote 5, political leader of wereda male
...how federalism has been implemented? We are marginalized the region
executive organ controlled by some dominant ethnic group the political leaders
pulled their groups to control the power. . . totally no political appointment is
not based on education, if you see the majority of political leaders of our
region their education back ground is not differ from us. Know, thanks to God
we have educated political leaders they have 10 up to 20 years service of
leadership. But, they are not appointed in the regional level because we havent
a supporter in the regional level. There is no fair representation of ethnic
group more beneficiary from the federal system is some dominant group in
SNNPR.
53
54
CHAPTER FIVE
Finding, Conclusion and Recommendations
5.1 Findings
- There is no formal model for power sharing in SNNPR
-Lack of awareness on the side of Political leaders on the issues of Federalism.
-Absence of awareness of the people to ask their rights
-Government officials also not struggle their right for fearing punishment of their party
on the name of narrow nationalism
- Newly emerging ethnic-based elite group has become a significant political player. The
emergence of ethnic-based elite groups creates a wider space for ethnic based
competition over resources, power and recognition competition between the ethnic-based
elite groups can challenge and undermine the legitimacy of the federal system.
-Lack of minority rights protection also remains a problem of the Ethiopian federal
constitution and the process of federalism. The rights of the people who have become
minorities due to the federal arrangement have not been protected either by the federal or
regional constitutions
-The dominance of minorities continued from the Past Related to this is the lack of
genuine democratic participation has its own limitation to practice constitutional right of
minorities.
-The questions this research set out to answer Here, I argued that there are some problems
in the relationship between the current federal structure and the historic trajectories of the
Ethiopian state. The Ethiopian state became unitary and gave priority to building an
55
Ethiopian identity more than a hundred years ago. This practice influenced the current
government participate remotest area ethnic group in the power sharing of the executive
organ. Lack of minority rights protection also remains a problem of the Ethiopian federal
constitution and the process of federalism. The rights of the people who have become
minorities due to the federal arrangement have not been protected either by the federal or
regional constitutions.
5.2 Recommendation
To ensure effective and efficient protection of minority group rights, it is preferable to
adopt and there by actually practice carefully framed federal political system that are
appropriate for ones state while employing some alternative mechanisms of protections
like granting territorial autonomy or local self-governance for territorially concentrated
minority groups granting non-territorial/cultural autonomy for territorially dispersed
minority nationality, and equitable power sharing in legislative, executive, judiciary, civil
service etc. at all tiers of governments without expense of the majority or relative
majority groups.
-In the regional state of SNNPR recognizes the existence of internal ethnic minorities, it
needs to get constitutional or legal base.
-The case of elite groups, they are not a threat by itself, it can be a source of stability if
relationships between the elite groups of different ethnic group from different zone
guided towards partnership and co-operation.
There should be team sprit among the political leaders from different ethnic groups to
work in cooperation for the common good of the society at large.
The regional government should establish effective IGR between and/or among zones
and special woredas.
Creating awareness for the governmental officials on the importance of Federalism
through long and short term training,
All the concerned government organs should strive to create informed society so as to
enable them to question their legally guaranteed rights and to live in harmony with each
other.
The regional government should realize the implementation of affirmative actions for
the disadvantaged groups including the group under study as provided per law.
56
5.3. Conclusion
To conclude the first chapter of the thesis has analyzed the introduction part, objective of
the study, methodology of the research.
.the second chapter of the thesis has analyzed theoretical concepts of minority the issue of
minorities is highly contested, the definition given by Francesco Capotorti, a definition
which is considered better by most scholars, could be help full to protect all categories of
minority groups. Once minority groups are identified, the rights given to them should
enable them to avoid despotism by the dominant group. But, minority rights should not be
the degree that a minority group can destabilize the political system.* In terms of
numerical size no one ethnic group that constitutes even fifty percent in Ethiopia as the
largest ethnic group, Oromo only constitutes 37 % of the total population of the country.
Hence, all nations and nationalities and peoples of Ethiopia deserve minority protection at
the national level. Despite the main concern of Art.27 of ICCPR to guarantee universal
respect for individual human rights, there is a strong argument that minority groups at any
level of government are entitled to exercise those rights enshrined under this provision as
most of them are exercisable by groups. Though Art. 25 of the FDRE Constitution has
greater importance to ban exclusion on the basis of ethnicity, religion, race, language,
culture and other unfounded contingencies, its contribution to group specific rights of
dispersed ethnic minority groups is not satisfactory.
Chapter three of the thesis has addressed general back ground of Ari ethnic group issue
of minorities with in the minority that the Mana extremely marginalized group of Ari
57
ethnic group, and discussed inter and intra ethnic relation of the Ari, how they loss the
psychological unity by the imperial and military government. The quest of autonomy of
the Seyki Ari for the federal and Regional government, strongly i commented here still
this clan one of the Oppressed group during this time Road transport, electricity, Health
center, clean water, Mobile net work not addressed really the area still very back ward
and forgettable area. They are under Gamogofa zone they have not non-territorial right to
use their mother tongue language Ariaaf for academic purpose, to develop their culture
like other Ari chiefdoms finally the Seyki elite rise the question of autonomy but the elite
under custody. In this Chapter the thesis detailed discussed the un justice power sharing
of SNNPR executive equal representation of state does not mean equal protection of
divers groups. Majority groups in each state can dominate minorities.. Lack of minority
rights protection also remains a problem of the Ethiopian federal constitution and the
process of federalism. The rights of the people who have become minorities due to the
federal arrangement have not been protected either by the federal or regional
constitutions. Related to this is the lack of genuine democratic participation though it is a
constitutional right of citizens. In this chapter the thesis analyzed Federalism and
protection of minority right, through there is no universal definition for the term
Federalism. Thus, constitutionally guaranteed division of power between the center and
the constituent units.
Most of the people of the South were enslaved, denied of their resources and reduced to
tenancy, exposed to racial stereotypes, forced to serve in the monarchial and military
government, without equal entitlement as citizen of a political community. They
constitute a minority within minorities, are little associated. They are hence weak
competitors with other relatively dominant groups regarding social relationships and
governance built on personal relationship. Related to this is the lack of genuine
democratic participation though it is a constitutional right of citizens. Different ethnic
groups have different cultures and hostile historical relationships, can coexist if the
system recognizes their identity and, in particular, if the institutions of governance are
able to manage the difference and treat according to their back experience and grievances
the federal political system is the advocacy of multi-tiered government combining the
elements if the shared-rule (representation of diverse group) and regional self-rule
(autonomy of diverse groups). It is based on the presumed value and validity of balancing
unity and diversity, which means accommodating, preserving and promoting distinct
58
identities within a large political union. Minority ethnic groups need to have proportional
representation in the Regional executive and in the Regional Council. Federalization of
the nation-state, which included recognition of regional self-rule and equal participation
of ethnic groups in federal shared institutions, most of the time by the absence of fair
power sharing meant civil war, had to be happened, in order to maintain, or re-establish,
the integrity of the country.
Finally I want to say since the practice in the regional state of SNNPR recognizes the
existence of internal ethnic minorities, it needs to get constitutional base. Minority ethnic
groups need to have proportional representation in the Regional executive and in the
Regional Council.
Informants
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Appendix 2
I would like to express my sincere appreciation for your generous time and honest,
prompt response. The information required is to enable me complete masters studies of
Federalism and Local governance at Ethiopian Civil Service University.
The objective of the interview is to examine the Ari ethnic group power sharing at the
regional executive organ. The result of the interview will be utilized only for academic
purpose. Further more, the information will not be disclosed in names to any other party.
Thus your cooperation is highly needed to conduct this study.
1. Could you believe In Our Federalism system that the Ari ethnic group shared the
power properly at the Federal and regional Executive organ?
2. If your response is no what is the reasons that Ari not shared the Power?
3. The past Monarchial and Military government have an impact on this Federal political
system?
4.Do you believe the absence of power sharing have influence on the development of the
country?
64
is
the
role
of
Ari
ethnic
government
officials?
Thank You!
1.
?
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------2..
?---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------3.
?------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
65
-------------------------------------4.
?----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------5.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------6.
?,-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
66
67
68
Table of Contents
Title
Pages
CHAPTER ONE.................................................................................................................1
1.Introduction......................................................................................................................6
2.General back ground of the study..................................Error! Bookmark not defined.
3.Statement of the problem.................................................................................................7
4. Objective of the study.....................................................................................................9
4.1. Generally the present research have general objective................................................9
5. Specific objectives..........................................................................................................9
6.Research Question.........................................................................................................10
7. Significance of the study...............................................................................................10
8. Research Methodology.................................................................................................10
CHAPTER TWO..............................................................................................................11
The Conceptual and Theoretical Framework....................................................................11
2. Definition and type of minorities..................................................................................11
2.1. Definition of minority................................................................................................11
2.2. Typology of minorities...............................................................................................14
2.3 Core rights of Minority group.....................................................................................19
2.3.1The Right to Equality................................................................................................19
2.3.2 The language right...................................................................................................20
2.3.4 The culture right.......................................................................................................21
2.4 The Protection of Minorities under the Existing International law............................21
2.5 General Overview of Minority Groups under FDRE Constitution.............................22
2.6 Mechanisms of minoritys protection in the Federation.............................................24
2.7. Granting territorial autonomy....................................................................................24
2.8 Granting non-territorial (cultural autonomy)..............................................................25
69
CHAPTER THREE...........................................................................................................34
3.1 Recognition of rights of minorities and participatory rights.......................................38
3.2 Minorities with in minority.........................................................................................39
3.3 Intra, inter relationship of Aari and the quest of Autonomy.......................................40
3.4.
70
71