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ABSTRACT Ethiopias federal design has a number of anomalies interesting for comparative
federalism. The explicit right to secede provided to member states has become, however, real
political dynamite in the country. This article deals with this right, its constitutionalization, its
constitutional and ideological underpinnings, and its practical impacts on federal construction
in the country for the last two decades. It challenges the political expediency views on its
constitutionalization and argues that the inclusion of the right in the federal constitution is
motivated by ideological reasons. By having a look at the powers member states are provided
by this generous constitution, it reveals its staggering paradoxes. As far as the practical
impacts of the right are concerned, the hefty controversy the constitutionalization of the right
has continued creating in the country, the article argues, is a significant federal nuisance.
KEY WORDS:
Nuisance
Introduction
What perturbed most multinational states contemplating some form of federal design
to deal with problems of competing nationalisms is secessionism. Fears that federalism
would lead to truncation or dissolution of a state militate against federal construction or
reconstruction. Such fears, of course, could not be dismissed as mere nationalistic
apologies against federal adoption by political leaders and governments. It is now
almost a common knowledge that federalism is not a panacea to secessionism and
federations are not immune from secessionists. Despite the fact that it has those
most desired features that would inhibit secessionism, federalism has also secession-inducing factors (Erk and Anderson, 2009: 96), and even results.1 In some
cases, however, the compelling factors of federalism might outweigh the fear factors
in that multinational states that are being bedevilled by conflicts resulted from group
Correspondence Address: Tesfa Bihonegn, Department of Civics and Ethical Studies, Dilla University, Dilla,
Ethiopia 419. Email: tesfabihone@gmail.com
# 2014 Taylor & Francis
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claims for autonomy and even independence have limited alternatives otherwise available to them. Thus, as much as it is feared, federalism is also compelling under certain
circumstances. Perplexing then is how best to design the constitutional and institutional orders of particular federations in ways that could make them maximally
less prone to secessionism?
If federations are likely to face secessionist mobilizations and pleas, a question
raised, is it not wise for federal states to prepare themselves for the imminent and
the inevitable in the first place? In other words, why federations introduce an explicit
right to secede in their constitutions to entertain secessionist demands according to
established laws than the dangers of unregulated political behaviour? These are the
arguments and advices of some writers who saw counterintuitive strategic benefits
(Roach, 2007: 446) in an explicit constitutional right to secede. In particular, Daniel
Weinstock (2000, 2001) and Wayne Norman (1998, 1999, 2006) argue that a constitutional guarantee to secession in multinational states would have in practice opposite
effects than those destructive impacts for which they are usually attributed. Fears that
the right could be used by constituent states as a cheap bargain tool to secure unfair
advantages from the federal government by just threatening secession, both Norman
and Weinstock claim, would be diminished by putting significant procedural hurdles
towards its exercise as, for instance, a qualified two-thirds majority vote. Norman
(2006), for instance, proposed that precedence must be given to keep groups together
but in case of failure in the within solutions, an explicit right to secede, or Plan B
(Monahan and Bryant, 1996) is vital. Concurring with Weinstock (2000, 2001), he
wrote that such a right, in addition to avoiding the dangers of unregulated secessionist
behaviour, would actually reduce the likelihood of secessionism by raising high the
stakes of secession.
There exist, however, varied and significant obstacles against such propositions for
an explicit right to secede in multinational federations. The first is the morality and
legitimacy of a group or region severing from an existing sovereign state on which
polemical literature exists elsewhere.2 Second, a normative question peculiar to federalism is the federality of an explicit constitutional guarantee to secession: is it
federal for a federal state to provide for a legal right to secede to its member
states? Paraphrasing the question, does the autonomy federal states render to member
states extend to include a right of walking away from the federation to form their
own sovereign states? In this regard, Michael Burgess (2006), for instance, wrote, a
conventional wisdom has evolved in the mainstream literature which asserts that secession on the part of the constituent units of a federation is candidly incompatible with the
notion of federation qua federation (271). Some argue that the inclusion of an explicit
right to secede in state constitutions makes the union a confederation than a federation
(Duchacek, 1987: 207; Filippov, Ordeshook and Shvetsova, 2004: 107). Third, more of
utilitarian is the wisdom of incorporating an explicit right to secede in multinational
state constitutions. Detractors of a constitutionalized right to secede argue that such a
right would incur significant perils on democracy, constitutionalism and federal construction. They state that the right could be used perversely both by a national government and constituent regions, the first to emasculate the powers of regions in fear of
their eventual secession and the latter to secure unfair advantages from the federation
by threatening divorce (Sunstein, 1991, 2001; Baubock, 2000; Harbo, 2008). The arts
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rear end of the problemwith secession and the demand for recognitionrather than
to encourage domestic measures of interethnic accommodation (205).
Also addressed by the article are the practical impacts of the explicit constitutional
guarantee to secession on realizing the Federal Democratic Republic of Ethiopia, a
polity envisaged by article 2 of the same constitution. Corollary to this are the empirical corroborations the explicit right to secede in Ethiopia would offer to the wider
debate on the merits and flaws of such a right in multinational states and federal construction. The importance of such enquiry lies in the fact that Ethiopia is now the only
state that incorporates an explicit general right to secede in its constitution. Though
such a right does exist in the 1983 St Kitts and Nevis constitution, the right applies
only to Nevis and not to those within Kitts (also known as Christopher).6 The exit
law in the European Union needs not to be matched here for the EU, being an association of sovereigns, is more confederal than federal. While few constitutions allowed a
right to secede in the past (for instance, the 1977 Soviet constitution), the contemporary
trend in most constitutions ranges from prohibition of secession by affirming the indivisibility of the state to silence on the matter. In Canada, though the constitution contains no explicit right to secede, the Supreme Court Reference on Quebec Secession in
1998 established a kind of quasi-constitutional right of secession. 7 In fact, there is
recently a growing acceptance on the legitimacy of secessionist mobilization in the
West albeit without explicit constitutional regulations on the matter.8 What makes
the Ethiopian case different is the explicit provision of the right in the constitution,
or as Will Kymlica (2006) observed, the way the very idea is explicitly deduced
from first principles [constitutional order], rather than implicitly evolving out of piecemeal democratic negotiations (55). Thus, looking for the possible impacts of this
unusual constitutional arrangement in Ethiopia on its endeavours to multinational
state building and federal construction is worthy.
As much as the importance of the respective enquiry, however, there exist significant constraints that obscure attempts to unravel fully the impacts of the right in the
countrys federal construction for the last two decades. A major obstacle is that Ethiopia is not yet a federation in the substantial sense of the term and its de jure federalism
suffers from severe deficiencies of operational federalism. Here it will be sufficient to
consider the freedom of secessionists in western federations that have no such explicit
right but the criminalization and silencing of them in Ethiopia, the very country that
declared a right to secede a basic group constitutional right. Though Ethiopia exceptionally introduced a right to secede, it maintained the rule of game with secessionists
by African regimesbrute force. Thus, the imponderables are significant. In spite of
this, as I am going to explain and argue, the impact of the right that can possibly be
deciphered so far is the political dynamite the right has continued creating in the
country ever since its constitutionalizationa significant problem which I refer to
as federal nuisance in the endeavours of the country for federal construction. In
fact, the hefty controversy the right created in the country echoes one of Sunsteins
arguments against a constitutionalized right to secedethe necessity of taking
certain issues off the political agenda using constitutionalism to reduce the power
of highly controversial questions to create factionalism, instability, impulsiveness,
chaos, stalemate, collective action problems, myopia, strategic behavior, or hostilities
(1991: 642, 2001: 101).
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that had played roles in the making of the transitional charter. Nevertheless, it is this
right to self-determination of independence in article 2 of the transitional charter
that came to be incorporated as right to self-determination, including the right to
secession in article 39 of the federal constitution adopted in December 1994 and inaugurated in August 1995. The continuity between the transitional charter, co-authored
by others, particularly the OLF associated with a secessionist agenda,15 and the federal
constitution, dominantly authored by the ruling coalition, in guaranteeing a secession
right need not misinform our understanding on the actual champions of the right, or the
appropriate explanation for its constitutionalization.
One such assumption is attributing the constitutionalization of the right to the
states acquiescence to Eritreas de facto independence won in 1991 and formalized
in a referendum endorsed by the peace and democracy conference in 1993. Given
the endorsement seconded to the Eritrean cause, preventing a similar entitlement to
groups in the rump state, it is argued, was logically a blatant deployment of double
standards (Andreas, 2003: 158).16 Accordingly, depriving a constitutional right to
secede in the rump state after blessing the secession of Eritrea was considered as a contradiction. Another is attributing the constitutionalization of the right to the secessionist movements, particularly the OLF, which had allegedly requested the inclusion of
the right as a prerequisite to their participation in the transitional process. Accordingly,
the right had come to be included in the transitional charter as a psychological sop
(Vaughan and Tronvoll, 2003: 86) to ingratiate secessionists (Alemu, 2005: 326 and
327; Assefa, 2007: 235). The ruling partys argument on the needs for the inclusion
of the right in both the transitional charter and the federal constitution concurs with
such views. Guaranteeing a right to secession, EPRDF claimed, had been unavoidable
in light of the secessionist agenda many armed ethno-regional groups had been promoting. Accommodating these groups in a federal structure, the ruling party argued, had
been impossible without a constitutional guarantee to secession that would allow
these groups purse their interests peacefully. Denying so, accordingly, would have
rather led to the continuation of the war these groups had been waging against the
centre.17
With no need for delving into other issues, a simple comparison between the right
to independence in the transitional charter, which could be better associated with such
claims, and the right to secession in the federal constitution reveals how such political
expediency views on the constitutionalization of the right are at best flimsy. In other
words, the manner in which the federal constitution asserted the right to secession
does not give credence to such assumptions. The right, not relegated rather revitalized
in the federal constitution, does not seem something one made as a placatory provision.
While the right to independence in the transitional charter had a substantive requirement or conditionality attached to it, the right to secession in the federal constitution
is reinvigorated and become unconditional. Unlike the transitional charter that provided a right to independence with a suffix reading, when the concerned nation/
nationality and people is convinced that the above rights [internal self-determination
rights] are denied, abridged, or abrogated, the right to secede in the federal constitution is without a shred of conditionality attached to it. The Amharic (Amharic is
the working language of the federal government and a considerable number of
member states) version of the article which has, of course, a final legal authority
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of the federal parliament, House of Federation, which is constituted by the representatives of these Nations, Nationalities, and Peoples of the country. Such confederal
inclinations of the federal constitution are asserted by different writers with strong
words. Cohen (1995), for instance, wrote that even if the federal constitution labels
the new country as a federal state, it is in fact based on a constitutional system more
akin to confederation, an innovative form that looks like federalism but appears
closer to an international treaty among ethnic groups having the power to secede
(157 and 158). In a similar fashion, Britezeke (1995) argues that the formal provisions
in the constitution seem an international treaty such as the Treaty of Rome (33).
Vaughan and Tronvoll (2003), on the other hand, depict the constitutional pronouncements as providing for a radically devolved confederation (84).
The explicit right to secede guaranteed in the federal constitution can be construed
as an affirmation that nations and nationalities of the country have come together as
sovereigns and their togetherness in the federation is constitutionally with their
sovereignty unscathed and remaining exclusively at their disposal. Thus, nations
and nationalities can invoke their sovereignty and walk away from the federation
whenever they wish to. Startling as it is, the federal constitution ended disproportionately in making a collection of sovereigns, as confederations do elsewhere, in its
very first attempt at federalizing a historic state that had been troubled by a series of
ethno-national insurgencies vying for different forms of autonomy. A state which
had been unitary with profuse centralization of power and resource in prior, Ethiopia,
has become an exception that blessed, in the words of Edward Freeman (quoted in
Burgess, 2006: 271), a provision for its own dissolution in its first federal undertaking to manage its diversity.
With regard to the modalities of the right, despite the right is explicitly provided in
the federal constitution, there exist a significant ambiguity regarding the actual bearers
that are entitled to secede. This is because the right to secede in the constitution is
granted expressly not to member states of the federation but indiscriminately to individual nations, nationalities and peoples of the country. Remember that not all of
these groups have a state of their own and only five of them have states designated
in their names and which they overwhelmingly populated. Others do not have states,
which they individually own, or states conferred upon them and bearing their
names. They are either minorities in majority states or equals in the states they
jointly own and govern. The ambiguity here is that whether all nations, nationalities
and peoples of the country, or only those who have states designated on their names
individually, are actually entitled to the right to secede? This ambiguity in the constitutional statement has led one to state that the problem of defining the entities that are
entitled to exercise the right to secede makes the constitutional procedures of secession
vague (Asnake, 2003: 265). Given the right to separation nations, nationalities and
peoples in majority regions or those in heterogeneous states are granted in the constitution, which entitled them with a right to form their own states, the assertion that no
people can initiate the process for secession without first becoming a state (Fasil,
1997: 159) seems cogent. What is more, secession as the ultimate quest is to be
espoused and entertained normatively after the highest prize the constitution conferred
upon the diverse groups of the country, autonomous state in case of Ethiopia, is first
secured. Thus, it seems convincing that nations and nationalities are expected to
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to represent the needs of particular groups in the country.25 Thus, the federalization of
the country that followed the year 1991 comes to take the facade of coming-together
federalism in which (prior) independent states were coming together to form a new
state. This was, however, circumstantial brought by the demise of the national government with which ethno-national organizations would have to bargain. Practically,
however, the federal constitution is an attempt to federalize a historic state that had
emerged in all its present territorial possessions at least a century ago.26 Though it
was undertaken exclusively by those ethno-national organizations that had rather
been struggling against it, together a national government absent in the negotiation
leading to the federation, the federalization of the country was a reconfiguration of
an existing state into autonomous states that were non-existent in prior, not prior independent states joining together to form a new state.
In such states, as Ethiopia, the essence of federalism is managing ethno-regional
cleavages threatening a unitary state and its very survival as an integrated entity. Federalism in this regard is an option, as one aptly stated, for the bedroom separation
approach as a bargained resort to prevent outright divorce (Ryan, 1995: 395). It is
essentially an undertaking to preserve the territorial integrity of unitary states that
came to be crippled by the forces of sub-state nationalism by granting constitutionally
entrenched autonomy to constituent groups. Political and cultural autonomy the states
render through some form of federal design is essentially a trade-off between marriage
and divorce by the states with their diverse groups. Thus, autonomy seconded by the
states need to provide moral reasons for the diverse groups to uphold the territorial
integrity of the states, as Rainer Baubock (2000: 379) rightly argued, and for the
states a moral ground to sanctify their territorial integrity. In other words, federalism
in such states needs to provide for a win-win solution in which groups secure autonomous units while states maintain their existence as integrated entities. The incorporation of an explicit right to secede in these federations makes the federalism a win-lose
solution in which groups achieve both but the states secure none. Hence, constitutionalizing an explicit right to secede in these federations is a function creep against
one of the very purposes federalism is supposed to accomplishpreservation of territorial integrity from degenerating into smaller entities by subsuming them, through
constitutionally entrenched autonomy, within and under one bigger entity. It is inconsistent for such states that came to adopt some kind of federal design (Ethiopia, of
course, for the very first time) to prevent dismemberment, however, to contain a constitutional provision allowing so. Doing so in such states, as Ethiopia did, is none other
than a perversion of federalism.
What is more perverse for Ethiopia is the sheer weight and centrality the right to
secede acquires in the federal constitution. In fact, as described in the previous
section, this cardinal character of the right in the federal constitution disputes with
the political expediency views on the constitutionalization of the right. The clear confederal contemplations inherent in the preamble of the constitution from which the
right is deduced, the declaration that nations, nationalities, and peoples are sovereign (article 8), the inclusion of the right in chapter three of the constitution which
provides for fundamental rights and freedoms, the simple majority vote referendum
the right required from secessionist groups (article 39(4)) than a qualified two-thirds as
in the case of St Kitts and Nevis, the fact that the right is not even subject to suspension
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This is where the paradoxical nature of the explicit right to secede in the federal
constitution appears. A constitution, which entitled members of the federation an explicit right to walk away from the federation unconditionally, fails to ensure them from
sharing power at the centre and have stakes in the decisions of the federal government
affecting their interests and the federation they jointly formed. In other words, the constitution moved exceptionally further and allowed an explicit right to secede to
member states but it also retreated from a core principle of federalism, which federations commonly and necessarily employ, and left member states almost powerless at
the centre by establishing for a non-legislative second chamber. Depriving them
from exercising such a day-to-day right, which is benign and axiomatic, but promising
a right that they would exercise only in exceptional circumstances, which is threatening
and contentious, is not only a federal paradox; it is also a mockery to the forces whose
names and interests have been passionately invoked in defence of the constitutional
right to secede.
Apart from such paradoxes that exist in the principles of the federal constitution, de
jure federalism, practical realities in Ethiopias de facto federalism reveal that the right to
secede is the unfaithful promise the ruling coalition made to the diverse groups of the
country. Though the ruling party is a champion of the right to secede, it is against its
exercise or operational observance. Its commitment to the realization of Eritrean independence was, however, evident and the alliance it had with the EPLF during the war
against Colonel Mengistus regime was not a simple strategic co-operation made
against a common enemy. The TPLF had long recognized Eritrea, similar to the creed
of the EPLF, as a colony under Ethiopia that did deserve unconditional right to independence. It was this recognition by the TPLF that had in fact served as strong glue for
the alliance between the TPLF and the EPLF during the war against the Marxist regime
of Colonel Mengistu (Young, 1996: 53; Andreas, 2003: 158). Apart from Eritrea,
however, the ruling is against secessionist demands from other groups. With no interest
for its operationalization, the ruling seems to have been overtaken by the symbolic significances of the right. Thus, while it damns nationalist parties which are opposed to the
explicit constitutional guarantee to secession as chauvinists, it also incriminates movements that assert it as narrow nationalists. What is more, though the right to secede in
the federal constitution was presumably to deal with secessionist movements peacefully
and to avoid in the country similar horrors as the one occurred during the protracted
armed struggle for Eritrean independence, the country maintained the military tradition
of its predecessor, the Marxist regime of Mengistu, in its response to secessionist movements. Though the explicit right to secede that would allow secessionists to pursue their
objectives peacefully exists in the federal constitution, secessionists in Ethiopia are in
exile and in the jungles, not at home and in the parliament. For a state as Ethiopia in
which constitutionalism (not constitutions), rule of law (not rule by law) and doing in
the interests of the people (not speaking in their names) hardly exist, this, though
painful, is a common political reality.
A Federal NuisanceDynamite over the Right to Secede in Ethiopia
Almost two decades have elapsed since the adoption of the federal constitution in
Ethiopia. Do the federal experiences of Ethiopia with a constitutional guarantee to
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effected through the constitutional channel. Though the Soviet constitution granted a
secession right, it had no procedures for its exercise (Sunstein, 1991: 645; Buchanan,
1991: 127; Cassese, 1995: 264). Such a provision was adopted in 1990 when things
came to surface. The law set cumbersome and complicated procedures and requirements to be followed by a seceding republic. The law required securing a two-thirds
majority vote in a popular referendum to be held no sooner than six months and no
later than nine months after a plea for secession. The seceding of the state, after a positive vote in a referendum, would be materialized not only after a five-year transition
period but also following a confirmation vote to be carried out after the end of the transition period and which needs to be confirmed by a two-thirds majority vote in favour
of secession (Cassese, 1995: 265). However, the law was not applied and the dissolution of the federation was superseded by the speed of events at the centre.
As it is well established, the collapse of the Soviet federation, though constitutional
and institutional designs might have played roles, was primarily political: lack of constitutionalism or operational unitarism under principal federalism. Ethiopias federation, it can be argued, would not be revitalized because of a right to secede, as the
ruling pontificates; it would not be dismembered simply because it allowed a right
to do so, as the opposition threatens. The fears against an explicit right to secede in
multinational state constitutions are not simply for it will encourage secessionism.
Secessionism is not merely a matter of constitutional regulation. It is a complex
issue with different socio-cultural, historical and political factors together with exogenous forces facilitating for or militating against it.32 Ethiopia, with a history of long statehood and enormous cultural interaction and integration among its diverse groups, is
not such a strongly divided state to be disintegrated at ease.
A conspicuous impact of the right to secede in the constitution on federal construction in the country for the last two decades is, however, the dynamite it has continued
creating along Ethiopias political spectrum, a significant trouble I prefer to refer as
federal nuisance. No constitutional provision has been a colossal debate in Ethiopian
contemporary political life than the explicit right to secede. The right had been contentious when it was first contemplated during the Ethiopian Student Movement in the
1960s and, after the downfall of the Marxist regime of Colonel Mengistu, legally guaranteed first in the transitional charter in July 1991 and then in the federal constitution.
As dynamite as ever, the right remains the most embattled constitutional guarantee in
Ethiopian politics after it has become a constitutional order, impeccably debated
among politicians with considerable passion and vigour. The ruling coalition,
EPRDF, defends the right as an example of unrestricted federal democracy vital to
forge real unity in the country out of the free will of constituents, replacing the
fake unity the state had historically amassed through fiat and force. On the other
hand, nationalist parties rebuked the right as an act of blessing disintegration,
making the sacred unity of Africas oldest independent state apprehensively
negotiable.
For the heft of the political sensibility it raises, the dynamite the explicit right to
secede has created in the country might not be so surprising. There are, however,
additional factors that compounded the political controversies over the right to
secede in Ethiopia. One is the countrys acquiescence to Eritrean independence. Ethiopia has become, indeed, the first and, until the recent formation of sovereign South
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allegedly for pursuing violence. Though the OLF has a considerable support among
educated members of the Oromo, its secessionist agenda represented only the interests
of a section of the Oromo elites. Oromo parties in conventional politics, including the
OPDO (Oromo Peoples Democratic Organization), a member of the ruling coalition
governing the Oromia region, and those in the opposition are not consonant with the
secessionist agenda of the OLF. Many have increasingly criticized the wisdom of
secession for a larger group together with the practical difficulties of divorce for a hinterland. (For such critics, see, for instance, Merera, 2003: 100 105.) Even within the
OLF, disputes over its traditional secessionist agenda have been increasingly intensified and the actual division of the Front into two groups is now reportedly crystallizing,
one insisting on a sovereign state and the other for a democratic accommodation where
the Oromos could have a proper place that would commensurate to their demographic strength.34
As far as the Somalis in Ethiopia are concerned, historical appeals for joining conationals in a Greater Somalia that had been sponsored by the government in Mogadishu shortly after the decolonization of Somalia in 1960 and propounded by such
organizations as the Western Somalia Liberation Front (WSLF), seems now increasingly unattractive. The ONLFs agenda for a sovereign state of Ogaden, the Somali
regional state, contemporarily represented this shift from sheer irredentism to conventional secessionism. Established in 1986, the ONLF pursue the establishment of a
sovereign state of Ogadenia as its political agenda. In the 21 June 1992 district
and regional elections, it won and controlled the government of Region 5, presently
the Somali kilil. It came to fall apart with the ruling party when in June 1993 it
voted for independence in the regional council it dominated. The ruling party
responded swiftly by imprisoning leaders of the ONLF and by helping the formation
of a rival party, the ESDL (Ethiopian Somali Democratic League), the party that
won the 1995 regional election. In June 1998, the ESDL merged with a section of
the ONLF to form a new partySomali Peoples Democratic Party (SPDP), the
party that has been administering the region since the 2000 regional election. A
section of the ONLF, however, withdrew and returned to armed struggle. Outlawed
since then, it, like the OLF, has recently been labelled by the federal government as
terrorist.35
At any rate, the dynamite in Ethiopias contemporary politics created by the constitutionalization of the right to secede has been enormous. Forces in this dynamite
along the countrys political spectrum can be seen in three groups: anti-constitutional
guarantee to secession groups (opponents of the constitutionalization of the right), proconstitutional guarantee to secession groups and pro-operational right to secession
groups. The first are those that reprimand the right to secede explicitly granted in
the federal constitution and urge for its rescission. They include not only nationalist
(multi-ethnic) parties but also the different ethno-regional organizations in the
country.36 In fact, all opposition parties currently active in conventional politics,
despite the different views they hold regarding the federal system, are critics of the
right (Aalen, 2002: 45). The second are those that argue on the need for the constitutional right to secede as a testimony to the free union nations and nationalities of
the country have entered in the federation. Under present circumstances, only the
ruling party belongs to this group. The third are those that demand the
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Acknowledgements
I am thankful to my colleagues at Dilla University (Dr. Temesgen Nigus, Dr. Asrat
Seme (now in Hawassa University), Anteneh Melu, Tasew Tadesse, Tewodrose
Bogale, Dr. Badege Fekadu, and Dr. Abdu Mohammed) for reading the first draft
of the article and providing valuable suggestions. My thanks are also to the two
anonymous reviewers of the journal.
Notes
1
There are various materials on the relationship between federalism and secession. See, among others,
Kymlicka (1998, 2005) and Erk and Anderson (2010).
2
There are multiple resources on the theories of secession and debates over it. See, for instance, Moore
(1998), Lehning (1998), Macedo and Buchanan (2003), Dahlitz (2003), Buchanan (2004) and Kohen
(2006).
3
Though Buchanan is a champion of a remedial only rights theory in international law, he is less optimistic to the incorporation of an explicit right to secede in state constitutions.
4
See, for instance, Ryan (1995) and Horowitz (1998, 2003).
5
This is how the federal constitution designated the diverse groups of the country. Article 39(5) defined
them indiscriminately as a group of people who have or share a large measure of common culture or
similar customs, mutual intelligibility of language, belief in common or related identities, a common
psychological make-up, and who inhabit an identifiable, predominantly a contiguous territory.
6
Article 113 of the constitution provided: The Nevis Island Legislature may provide that the island of
Nevis shall cease to be federated with the island of Saint Christopher. The secession of Nevis would
be effected if it is first supported by two-third majority vote by its Assembly and then by a similar twothird majority vote in a popular referendum.
7
On such issues, see Monahan and Bryant (1996), Kreptul (2003), Norman (2006) and Aronovitch
(2006).
8
In such federations, parties with secessionist agenda are free to compete in elections and propagate
their claims. Though they do not include an explicit right to secede in their constitutions, federations
in the West are increasing accepting the legitimacy of secessionist referenda. See Kymlicka (2004:
144175, 2005: 107 126).
9
The party is a coalition of four ethnic/regional parties: TPLF (Tigray Peoples Liberation Front),
ANDM (Amhara National Democratic Movement), OPDO (Oromo Peoples Democratic Organization) and SEPDM (Southern Ethiopia Peoples Democratic Movement). It has been in power formally
since 21 August 1995.
10
More than 20 ethno-regional organizations had participated in the conference to oversee the countrys
transition to democracy and federalism. However, the number of participants increasingly sagged as
time went on, since many, including the OLF, withdrew from the transitional government established
by the conference following disputes with the ruling coalition. For the conference and the transitional
process, see Vaughan (1994), Lyons (1996) and Vestal (1996).
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11
This is because five of these regional states merged to form one Southern Nations, Nationalities, and
Peoples Regional State (SNNPRs), the most diversified of all the member states in the federation.
12
All numbers are according to the 2007 population and housing census of Ethiopia. Accordingly, the
population size of the nine kilils is as follows: Tigray (4,314,456), Afra (1,411,092), Amhara
(17,214,056), Oromia (27,158,471), Somali (4,439,147), SNNP (15,042,531), Benishangul-Gumuz
(670,847), Gambella (306,916) and Harari (183,344).
13
The dominance of one group in these core regions is as follows: Tigray (96.55% are Tigray), Amhara
(91.48% are Amharas), Afar (90.03% are Afars), Oromia (87.80% are Oromos) and Somali (97.20%
are Somalis).
14
For member state constitutions and their governments, see Tsegaye (2009).
15
Next to the ruling coalition, the OLF was the major player in the making of the transitional charter. For
the roles the OLF had played during the transitional period, see Leenco (1998, 1999) and Vaughan
(1994, 2003).
16
In a similar fashion, Brietzke (1995: 27) claimed that the right was constitutionalized only to add justification for the independence of Eritrea [without the intent of applying it equally to other parts of the
country].
17
See Ethiopian Ministry of Information (2002: 2641).
18
The Amharic version reads, be manchewem huneta and yalemnem gedeb [in all circumstances and
without any restriction].
19
Article 39, sub-articles 1 and 2 of the federal constitution described it as encompassing a right to a full
measure of self-government by the diverse groups of the country in their territories; the right to speak,
write and develop their languages; the right to express, develop and promote their culture; and the right
to preserve their histories.
20
All provisions under chapter three of the constitution, fundamental rights and freedoms, will be
amended under such stringent procedures. Other provisions will be amended if they are supported
by two-thirds majority vote in a joint session of the federal parliament, House of Peoples Representatives and House of Federation, plus a majority vote approval by at least two-thirds of the member state
councils (Article 105(2)).
21
For such conceptions of the right to self-determination in Marxist-Leninist thought and the gaps
between principle and practice, see Connor (1984).
22
The Ethiopian Student Movement had played the leading role in the instigation of the 1974 revolution
that ousted Emperor Hailesillasie from power. For a general history of the movement, see a seminal
book by Balsvick (2005). For the ideological importance and influence of the movement on Ethiopian
contemporary politics, see Vaughan (2003).
23
See, Ethiopian Ministry of Information (2002: 2641).
24
This is Proclamation No.251/2001 issued on 6 July as Consolidation of the House of Federation and
the Definition of its Powers and Responsibilities.
25
After the war, the Workers Party of Ethiopia (WPE), the ruling party of Colonel Mengistu, was banned
and most of its leaders were imprisoned for charges of genocide. However, Colonel Mengistu had
fled to Zimbabwe shortly before EPRDFs capture of the capital and still resides there.
26
Ethiopia is one of the oldest states in the world with a history of long statehood. However, the modern
state of Ethiopia, with all its existing territorial confines, only came about following the territorial
expansions of Emperor Minelik II in the late nineteenth century from central Shewa to the south,
east and west.
27
Core-nationality regional states that are overwhelmingly dominated by one group proclaimed the
language of the dominant group as a working language. In heterogeneous states, however, a different
arrangement was made. In the regional states of Gambella, Benishangul-Gumuz and SNNPR,
Amharic, the working language of the federal government commonly shared by the diverse groups
in the regions, is adopted as a working language. Harari regional state, on the other hand, adopted
both Harari and Oromiffa equally as its working languages.
28
On this and African political parties, see, for instance, Salih (2003). On Ethiopian political parties, see
Kassahun (2003).
29
Some writers argue that the concentration of fiscal powers at the center would rather induce secessionism. See, for instance, Abbink (1997) and Andreas (2003).
30
The House of Federation is entrusted to interpret the constitution; to decide on issues of exercising the
right to self-determination and secession by the nations, nationalities and peoples of the country; to
resolve border disputes between member states; etc. See article 62 of the federal constitution.
31
Article 72 of the 1977 Soviet constitution provided: Each Union Republic shall retain the right freely
to secede from the USSR.
32
On secessionism and factors involved in it, see, among others, Bartkus (2004) and Hale (2008)
33
One of the founding members of the TPLF and its one time leader, Berihe Aregawi, who withdrew
from the Front before its capture of power, stated that it was only a few among the leading
members of the Front who had formulated the secession agenda. When the agenda was announced,
it encountered severe opposition amongst members of the Front and was soon dropped. He also
stated the criticism of the EPLF as vital in the shelving of the agenda (2008:195200). Even
after the shelving of the secession agenda, the goal of the TPLF was not clearly determined and
could result in anything from autonomy, federation, confederation, up to and including independence (Aalen, 2002: 39; Asnake, 2003: 259). For this and a general history of the TPLF, see also
Young (1997).
34
For the history of Oromo nationalism and the OLF, see, for instance, Baxter, Hultin and Triuulzi
(1996), Assefa (1998) and Pausewang (2009).
35
For these and other federal developments in the Somali regional state, see, among others, Markakis
(1996, 2011), Samatar (2004) and Hagmann (2005). For problems of security and military activities
of the ONLF in the regional state of Somali, see ICG (2013).
36
These, among many, include Ethiopian Democratic Party (EDP), Unity for Justice and Democracy
(UJD), Coalition for Unity and Democracy (CUD), Oromo National Congress (ONC), All Ethiopia
Unity Organization (AEUO), Afar Revolutionary Democratic Unity Front (ARDUF), Southern Ethiopian Peoples Democratic Alliance (SEPDE) and All Amhara Peoples Organization (AAPO).
37
It is known to the ruling party that critics of the right to secede come not only from those who are
generally opposed to it and its policies but also amongst its members and supporters. See Ethiopian
Ministry of Information (2002: 2641).
38
The May 2005 general parliamentarian election in Ethiopia, although it ended in bloody disputes over
its final result between the ruling EPRDF and the main contender CUD, was the first most open electoral contest in Ethiopia following the federalization of the country. On the election, see, among others,
Harbeson (2005) and Aalen and Tronvoll (2009).
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