Nurturing democratic unity

                                                                                                      Taye kebede

The FDRE government has setup a federal government system. The main unique feature of this system is the fact that it setup a federal government structure, organization and mechanism that is based on nation, nationalities and peoples’ right to self-determination. They have echoed in clear language that they have an objective of building a single political community that is based on rule of law and their free will to build a lasting peace, bring democracy and hasten economic and social growth.

And they have stated that they a firm belief on the need of respecting the basic individual and nation, nationalities rights, gender equality, and observance of religions and tradition without any prejudice to realize their objective. Of course the federal system has created  suitable institutional framework for Ethiopia’s nation, nationalities and people to self-administer their shared issues through their constitution; establish federal government administration; setting up governmental institutions that enables each of them to administer themselves; and get fair representation in regional and federal administrations.

As any countries that follow federal system, the constitution distribute, devolve power not only between the legislative, executive and judiciary branches, but between federal and regional administrations. The centralist administration employed by previous regimes had created grievance between Ethiopian and people while also posing a threat of disintegration.

But as the federal system that was employed for the past 25 years was created based on free will of the people, and bringing benefits that reaches the people at every level, it has created democratic unity and guaranteed peace. It can be said that the fact that it was possible to replace national oppression that was going on the watch of the centrist system and outlook with a political framework that nurtures democratic unity on a firm base is one of the main things brought by our country’s federal system. So, we should be respecting and protecting the constitution that has made this possible.

Here let us raise the question, ‘who is the owner of our constitution that made this federal system possible?’ The FDRE constitution is of Ethiopia’s nation, nationalities and people. And it is a document that these people enacted with their free will exercising their right t self-determination – 21 years ago. This is why – they pledge in the introductory part of the preamble by saying ‘We, the nations, nationalities and Peoples of Ethiopia'.

This is why they have declared that sovereignty resides in the nations, nationalities and peoples of Ethiopia on the article 8 of the constitution. This is why they have ensured the constitution is owned by the nation, nationalities and peoples’ of Ethiopia through the direct democratic participation they make through their elected officials.

They have the goal of building a single political community through their own free will and through rule of law. The fact that they accept their common fate by rectifying the unbalanced relationship they have inherited from their history, and that they believe building a single political economy is important to accelerate fair and rapid development is stated on the constitution.

To this end, they have made individual and group rights to be respected, ensure gender equality, and observance of religions and cultures without prejudice. The fact that Ethiopia is home to various nation, nationalities and people with their own individual and admirable culture, territories and modes of life have, by virtue of the fact that our country Ethiopia has been and still is our common home in which we have formed a common bond of relationships is clearly stipulated on the constitution.

It is also stipulated on the constitution that the source of power in the constitution is not the central government, but Ethiopia’s nation, nationalities and people. After having/ maintaining their own powers, they have given authority needed for shared issue to the central government. Here, it is important to understand that the FDRE constitution has its own special features. As the constitution is of the nation, nationalities and peoples, the constitution prohibits one from being submissive to the other by stating that the constitution cannot be amended by the sole decision of any government branch.

By representing regions through federal councils, it has involved them in federal shared decision. By giving the power to interpret the constitution to the house of federation, the constitution mechanizes a system where it is decided by the motion of a constitutional inquiry commission. As Ethiopia’s federalism is established upon multi-ethnic federalism, it guarantees and ensures that ethnicities have their own self-rule concerning their own issues, and joint administration for joint issues. The other unique feature of the constitution is the fact that it gives a federal political system that is based on the right to self-determination. It can be said that this is the fulcrum of the political system.

As a result, as per the FDRE constitution article 39 (1) 'Every nation, nationality or people in Ethiopia shall have the unrestricted right to self determination up to secession'. And as stated on the first two articles of the constitution, Ethiopia’s nation, nationalities and people agreed to setup a single political community by exercising their right to self-determination on their own free will.

Still, I think the question ‘who are the owners of the right to self-determination?’ should be raised. Article 39 (1) of the constitution stipulates that every nation, nationality or people in Ethiopia shall have the unrestricted right to self determination. And article 39 (5) denotes that the term "nation, nationality and people" shall mean a community having a common culture reflecting considerable uniformity or similarity of custom, a common language, belief in a common bond and identity, and a common consciousness the majority of whom live within a common territory.

Although on article 54 (2) and (3) the constitution denotes that minority nationalities and peoples deserve special representation in the FDRE house of peoples representatives, the right to self-determination will not be limited for being a minority. Thus, every nation, nationalities and people are the owners of this right. The right to self-determination is a concept that involves three main and integrated rights. One, every nation, nationalities and people of the country has the right to speak and write through their own language, express their traditions and cultures and strengthen and nurture their history.

Second, nation, nationalities and people of Ethiopia has the right to self-administration. As a result, not only does each nation, nationalities and people have the right to establish government institutions that will administer them on the landscape they settled in, they have also the right to get fair representation in the regional and federal administrations. Ethiopia’s nation, nationalities and people that live in various areas have the right by the constitution to get involved in government administration works either in federal or regional administration and power structures. The third thing that is integrated on the right to self-determination is the right to secede. I think it is clearly put in the introduction of the constitution in order to understand the reason why this right needed constitutional recognition. That is – it states that Ethiopia’s nation, nationalities and people decided to establish a single political community with their own free will, and the political community they will establish will be on their consent and free will of each nation, nationalities and people. Thus, it should be understood that the right to secede is a guarantee that heralds Ethiopia’s federal unity is based on the consent and free will of the people.

This ‘right to secede’ is not seen in a positive light by some. They oppose it by saying it ‘disintegrates the country’. However, as I have tried to mention it earlier, the right gives the chance for democratic unity for Ethiopia’s nation, nationalities and people to live in unity and consent. In order to create this democratic unity, the equality right of the people should be respected.

Thus, guarantees of equality between nation, nationalities and peoples’ languages, cultures, histories etc … have been respected as a result of the article. More than anything, they have got the chance to participate through the political administration, and they have been made to benefit from their involvement in the development activities which they have got the right to participate in it equally. I don’t think any nation, nationalities an people that got these rights will have a reason to secede from the federation. As they are the owners of the aforementioned rights, they will strengthen the federal system - and I don’t see how they will help disintegrate the system.

So, unless it is about longing for the previous centralist regimes, the people that say they have concerns on the article have no grounds to have those concerns as the realities on the ground do not show the threat of disintegration. Instead it shows the federal system is strengthening the concept of democratic unity. So, in my belief, the article can only be a guarantee of our unity and not of disintegration. Although the article gives the right to self-determination up to secession, I think the objective of the article is guaranteeing democratic unity that is based on free will in the country.