1 This historical background is based on Van der Beken, CUnity in Diversity – Federalism as a Mechanism to Accommodate Ethnic Diversity: The Case of Ethiopia (2012, Lit Verlag).Google Scholar

2 The right to self-determination included in art 39 of the Ethiopian Federal Constitution is very comprehensive, and includes language and cultural rights, political representation rights, the right to territorial self-rule and even secession.

3 The nine regions are listed in id, art 47(1).

4 Summary and Statistical Report of the 2007 Population and Housing Census (2008, FDRE Population Census Commission).Google Scholar

5 Ethiopian Federal Constitution, art 47(2)–(3).

6 This term is borrowed from GA Tarr who uses it to measure the discretion available to constituent units (of federations) in designing their constitutional arrangements: GA Tarr “Explaining sub-national constitutional space” (2011) 115/4 Penn State Law 1133 at 1134.

7 This section is based on the data included in Van der Beken Unity in Diversity, above at note 1 at 17.

8 Yonatan Tesfaye Fessha and C Van der Beken “Ethnic federalism and internal minorities: The legal protection of internal minorities in Ethiopia” (2013) 21/1 African Journal of International and Comparative Law 32 at 35.

9 Resettlement refers to the forceful relocation of people from the northern highlands to more fertile and sparsely populated areas, officially justified by the need to tackle problems of famine and food insecurity.

10 The data about population number and ethnic diversity can be found in the 2007 Census, above at note 4.

11 Kefale, Asnake “Federalism and autonomy conflicts in the Benishangul-Gumuz Region, Ethiopia” in Brems, E and Van der Beken, C (eds) Federalism and the Protection of Human Rights in Ethiopia (2008, Lit Verlag)Google Scholar 180 at 183.

12 Feyissa, Dereje “The experience of Gambella Regional State” in Turton, D (ed) Ethnic Federalism: The Ethiopian Experience in Comparative Perspective (2006, James Currey)Google Scholar 208 at 212.

13 Tsegaye Regassa “State constitutions in federal Ethiopia: A preliminary observation”, available at: <http://camlaw.rutgers.edu/statecon/subpapers/regassa.pdf> (last accessed 10 May 2013).

14 Id “Sub-national constitutions in Ethiopia: Towards entrenching constitutionalism at state level” (2009) 3/1Mizan Law Review 33Google Scholar at 52.

15 Based on information in Van der Beken Unity in Diversity, above at note 1.

16 Art 2(1) of the Oromia Constitution stipulates that Oromia Region is the “uninterrupted territory inhabited by the people of the Oromo Nation and other peoples”. A similar provision is included in art 2 of the Somali Constitution.

17 Similar provisions are included in arts 9 and 39 of the Somali Constitution.

18 The Benishangul-Gumuz Constitution, art 2 and the Gambella Constitution, art 47(1).

19 The ethnic-territorial approach and its ramifications are discussed in: Van der Beken, C “Ethiopian constitutions and the accommodation of ethnic diversity: The limits of the territorial approach” in Regassa, Tsegaye (ed) Issues of Federalism in Ethiopia: Towards an Inventory (2009, Addis Ababa University Press)Google Scholar 217; and C Van der Beken “Minority protection in Ethiopia: Unravelling and improving ethnic federalism” (2010) Recht in Afrika 243.

20 The Federal Constitution, art 25.

21 Id, art 31.

22 Id, art 32.

23 Id, art 38.

24 Id, arts 9(1)–(2) and 13(1).

25 The Tigray Constitution, art 39.

26 Art 39 of the Amhara Constitution reserves the right to self-determination for the indigenous Amhara and for the indigenous minority groups of Oromo, Agew Himra and Awi.

27 The Benishangul-Gumuz Constitution, art 39.

28 Art 50(5) of the Federal Constitution stipulates that a state council has the power to draft, adopt and amend the state constitution. Similarly, art 52(2.b) grants the regional states the power to enact a state constitution.

29 Id, art 50(4).

30 Ibid.

31 The Afar Constitution, art 43(1).

32 Ibid.

33 Amhara National Regional State Argoba Nationality Woreda Establishment Proc No 130/2006 (18 April 2006) Zikre Hig.

34 Id, art 10(2.1) and (2).

35 The Amhara Constitution, art 73.

36 Id, art 73(2).

37 Id, art 74(3.a).

38 Id, art 74(3.b).

39 The Benishangul Gumuz Regional State Council of Nationalities and their Offices Organization, Powers and Functions and Internal Working Procedure Determination Proc No 73/2008 (1 November 2008) Lissane Hig Gazeta.

40 Information provided to the author by masters students at Ethiopian Civil Service University (on file with the author).

41 The Gambella Constitution, art 77(1).

42 Id, art 47(3).

43 <http://www.snnprs.gov.et/nations.html> (last accessed 16 January 2013).

44 Special woreda are generally established for smaller and territorially strongly concentrated ethnic groups.

45 The Southern Region Constitution, art 81(3.a) and (b).

46 Id, art 91(3.d).

47 Id, art 81(3.c).

48 The Tigray Constitution, art 74(2.a).

49 Id, art 74(2.g).

50 As per art 5(3) of the Federal Constitution, all regions have the power to determine their working language.

51 Assen, Mohammed Dejen “The use of mother tongue in education: The case of Afaan Oromo in Oromo nationality zone of Amhara National Regional State” in Habtu, Alem (ed) Ethiopian Federalism – Principle, Process and Practice (2010, Addis Ababa University Press)Google Scholar 140 at 140.

52 Van der Beken Unity in Diversity, above at note 1 at 281.

53 The Amhara Constitution, art 74(1); the Benishangul-Gumuz Constitution, art 75(1); and the Gambella Constitution, art 78(1).

54 The Southern Region Constitution, art 81(1).

55 Data for Gambella Region were provided to the author by Omot Ojullu and are included in his LLM thesis: Ojullu, OmotThe Status and Powers of Nationality Zones in Gambella Peoples' Regional State (2012, Ethiopian Civil Service University)Google Scholar. Data for Southern Region are included in Van der Beken, C “Ethiopia: Constitutional protection of ethnic minorities at the regional level” (2007) 20 Afrika Focus 105.CrossRefGoogle Scholar

56 The Amhara constitution, art 79(1); the Benishangul-Gumuz constitution, art 80(1); the Gambella Constitution, art 83(1); and the Southern Region Constitution, art 81(3.e).

57 The Amhara Constitution, art 74(3.f); the Benishangul-Gumuz Constitution, art 75(3.f); the Gambella Constitution, art 78(3.f); and the Southern Region Constitution, art 87(2.c).

58 Henrard, K “‘Participation’, ‘representation’ and ‘autonomy’ in the Lund recommendations and their reflections in the supervision of the FCNM [Framework Convention for the Protection of National Minorities] and several human rights conventions” (2005) 12 International Journal on Minority and Group Rights 133CrossRefGoogle Scholar at 139.

59 The Amhara Constitution, art 74(3.g).

60 The Gambella Constitution, art 78(3.g); and the Benishangul-Gumuz Constitution, art 75(3.g).

61 The Southern Region Constitution, art 85(8).

62 The Amhara Constitution, art 74(3.h); the Benishangul-Gumuz Constitution, art 75(3.h); the Gambella Constitution, art 78(3.h); and the Southern Region Constitution, art 81(3.h).

63 The Amhara constitution, arts 77(2) and 80(2); the Benishangul-Gumuz Constitution, arts 78(2) and 81(2); the Gambella Constitution, arts 81(2) and 84(2); and the Southern Region Constitution, arts 84(1) and 87(2).

64 Ayenew, Meheret “A rapid assessment of woreda decentralization in Ethiopia” in Assefa, Taye and Gebre-Egziabher, Tegegne (eds) Decentralization in Ethiopia (2007, Forum for Social Studies)Google Scholar 69 at 89.

65 Ayele, Zemelak “Local government in Ethiopia: Still an apparatus of control?” (2011) 15 Law, Democracy and Development 1CrossRefGoogle Scholar at 13.

66 The data on the ethnic composition of local governments are divulged from the 2007 Census, above at note 4.

67 Vaughan, S “Responses to ethnic federalism in Ethiopia's Southern Region” in Turton (ed) Ethnic FederalismGoogle Scholar, above at note 12, 181 at 189–94.

68 Information provided to the author by masters students at Ethiopian Civil Service University (on file with the author) and in Regassa “Sub-national constitutions in Ethiopia”, above at note 14 at 63–64.

69 Consider the reform of the regional ruling South Ethiopian Peoples' Democratic Front in 2003. In September 2003, the 20 ethnic-based elements of this party, a member of the EPRDF, were merged into one new political party: the South Ethiopian Peoples' Democratic Movement. In effect this downsized the importance of ethnicity in political organizations; see Walta Information Center “20 SEPDF member parties merge” (16 September 2003) (on file with the author) and Van der Beken Unity in Diversity, above at note 1 at 285.

70 Interview by the author with Yaregal Aysheshim, former president of Benishangul-Gumuz Region (Assosa, 2 March 2005).

71 Above at note 39.

72 A Lijphart “Consociation and federation: Conceptual and empirical links” (1979) Canadian Journal of Political Science 499 at 500.

73 Dereje Feyissa “Making sense of the conflict situation in the Gambella Region in national terms” (paper presented at the 16th International Conference of Ethiopian Studies, Trondheim, 2–7 July 2007).

74 Data provided to the author by Omot Ojullu and included in Ojullu The Status and Powers of Nationality Zones, above at note 55 at 55.

75 Fessha and Van der Beken “Ethnic federalism and internal minorities”, above at note 8 at 47.

76 For example Southern Region's Proclamation to Provide for the Revised Cities: Proc No 103/2006 (27 November 2006) Debub Negarit Gazeta; Oromia Region's Proclamation Issued to Amend Proc No 65 of 2003, the Urban Local Government Administration of Oromia National Regional State: Proc No 116/2006 (12 July 2006) Megeleta Oromia; and The Benishangul Gumuz Regional State Urban Centers Establishment, Organization and Definition of their Powers and Duties Proc No 69/2007 (January 2008) Lissane Hig Gazeta.

77 This is not the case in Oromia Region where the mayor of the largest cities is appointed by the regional president; see Proc No 116/2006, id at art 2(6).

78 For instance, Proc No 116/2006, id stipulates in art 2(4): “When the number of Oromo residents in 1st and 2nd grade city is found minor or undersized, the administrative council of the National Regional Self Government may notice the number of Oromo people against other people and reserve 50% of the seats in the city council.” A similar provision, guaranteeing up to 55% of the city council seats to indigenous ethnic groups is included in art 10(5) of Proc No 69/2007 (above at note 76). The city proclamations furthermore guarantee that the mayor also belongs to the indigenous group. Art 21(1) of Proc No 103/2006 (above at note 76) for instance stipulates that where “a certain percentage of the seats of [the city council] are reserved for the indigenous nations / nationalities one of the representatives of such nations / nationalities … shall be elected Mayor”. Proc No 116/2006 attempts to achieve the same result by making the mayor an appointee of the regional president.

79 Electoral Law of Ethiopia Amendment Proc No 532/2007 (25 June 2007) Federal Negarit Gazeta.

80 The Gambella Constitution, art 47(3) stipulates: “Each Nationality Zone shall respect the rights of Minority Nationalities and Peoples to self-rule of their own Kebele and such rights include the right to direct representation in the Regional and Zonal Council”. Similarly, art 3(7) of Benishangul-Gumuz Proc No 73/2008, above at note 39, states: “The representation of other peoples in the Councils organized under sub art (2) herein above [the Nationality Council] shall be given special consideration.”