Ethiopia has great
ethnic diversity with 84 ethnic groupsTwelve
of these ethnic groups have a population of half a million or more, out of a
population of 53 million in 1994. The two major ethnic groups (the Oromo and
the Amhara) constitute over 62 percent of the population. The third largest
ethnic group, the Tigray, has been the politically dominant ethnic group since
1991, but comprises only 6 percent of the population. In
1994, four other ethnic groups, namely, Somali, Gurage, Sidama, and Welaita,
had a population of over one million; five ethnic groups (Afar, Hadiya, Gamo,
Gedeo, and Keffa) had populations between 599,000 and 1,000,000. Fourteen
ethnic groups had populations between 100,000 and 500,000, while twenty-eight
ethnic groups had a population of between 10,000 and 100,000. Twenty-three
ethnic groups had a population of less than 10,000.
It is to be noted that for the most part each group had its own language.
The religious
composition of the population is as follows: Christian (61.7 %), Muslim (32.8
%), Traditional
(4.6 %), others (0.9 %), and Not Stated (0.1 %). Orthodox Christians constitute
50.6 %, Protestants constitute 10.2 %, and Catholics comprise 0.9 % of the
total population.
State formation is a
source of bitter contention on one hand Pan
Ethiopian Nationalists claim that the state has existed some 3000 years
ago, forging a distinct national identity that has successfully countered
ethnic and regional challenges. The assimilation of periphery cultures into the
Amhara/Tigray core culture made the creation of the Ethiopian nation state possible.
On the other hand ethno-nationalist groups such as the
Oromo Liberation Front claim that Abyssinia colonized roughly half the
territories and peoples to form a colonial empire-state in the last quarter of
the 19 the century. From the ethno-nationalist vantage point, Ethiopia is a
colonial empire that needs to undergo decolonization where "ethno-national"
colonies become independent states. Its image is one of Ethiopia as a colonial-state.
A better version would
be that Ethiopia evolved as a non-colonial empire state, through conquest and
incorporation of adjoining kingdoms, principalities and sultanates. The declared
objective of the framers of ethnic federalism was to transform the empire-state
into a democratic state of ethnic pluralism in order to ensure that no ethnic
community would find it necessary or desirable to secede.
Modern Ethiopian
governments attempted to forge cultural homogenization through state
centralization and one-language policy during most of the 20th century.
In the span of a century, three forms of ethnic social engineering have been
attempted in Ethiopia. 1st was by Emperor Menelik (1889-1913), he attempted to create a unitary state on the
basis of cultural assimilation, using Amharic as the sole language of instruction
and public discourse and Abyssinian Orthodox Christian culture as the core
culture of Ethiopian national identity. It failed.
2nd attempt (1974-91)
was by the military government’s attempt to retain a unitary state and address
the "national question" within the framework of Marxism-Leninism. It
set up the Institute for the Study of Nationalities in 1983. Based on the
Institute's recommendations, the military regime created twenty-four
administrative regions and five autonomous regions within the unitary form of
state, but no devolution of authority was discernible. It also went on a
campaign against ethno-national groups. In the last decade of its rule, ethnic based
opposition organizations had intensified their assault on the military
government and ethnic nationalism became a major factor in the demise of the
centralizing military regime.
The 3rd is
from 1991 to present, the Ethiopians People Revolutionary Democratic Front’s
government attempt at maintaining the Ethiopian state on the basis of ethnic
federalism as well as cultural, language and political autonomy at regional and
sub-regional levels.
Some of these
ethno-nationalist groups are Tigray Peoples Liberation Front (TPLF), Oromo Liberation
Front (OLF), and Afar Liberation Front (ALF); minor organizations included
Islamic Oromo Liberation Front (IOLF), Western Somali Liberation Front (WSLF), and
Ogadeni National Liberation Front (ONLF). After the collapse of the military
junta they wanted to forge together because secession was not a viable option
at the moment. At the same time, however, a secession provision had to be made
a part of the compact, if only to justify the sacrifices they had called upon
their mobilized constituents to make during long years of struggle. It is
likely that at least one or perhaps more ethno-nationalist movement would not have
joined a federal arrangement if secession were not constitutionally recognized.
EVOLUTION OF ETHNIC
FEDERALISM
The Ethiopian People’s Revolutionary
Democratic Front-spearheaded multiethnic coalition convened a national
conference in July 1991, and quickly established the Transitional Government of
Ethiopia (TGE) under a transitional charter. The charter
declared that “freedom, equal rights and self-determination of all peoples
shall be the governing principle of political, economic and social life.” It
proclaimed fundamental individual human rights and freedoms. It guaranteed the
right of each nation, nationality and people of Ethiopia to self-determination.
The regional/national
proclamation 7/1992 was to give effect to the nations, nationalities and
peoples self-determination and to ensure the preservation and promotion of the
languages, culture and histories. The proclamation established fourteen
national/regional self-governments and identified the ethnic community
inhabiting each of the regions with the exception of that of the capital city.[6]
Adjacent nations,
nationalities and peoples set up necessary intermediate units of
self-government between the woreda
and the regional levels.[7]
Accordingly five regions (regions7, 8, 9, 10, and 11) entered into an agreement
to form a single southern self-governing unit wherein each ethno-linguistic community
would retain its own local self-government and be represented at the regional
level.
These national/regional
self-governments were vested with legislative, executive and judicial powers
within their geographic areas in all matters not expressly assigned to the
central government.[8]
The stipulated matters in the jurisdiction of the central government included
matters of defense, foreign policy, fiscal and economic policy, citizenship,
declaration of state of emergency etc. The regional self –governments enjoyed
broad powers in matters of language, culture, education, health, police and
security, social and economic development activities. They were also to
establish their own courts with jurisdiction to decide any dispute in their
respective regions with the exception of those assigned to the courts of the
central government. The structure of the regional governments was:
- A
council
- Executive
committee
- Judicial
administration office
- Public
prosecution office
- Audit
and control office
- Police
and security office
- Service
and development committee[9]
The basic unit in the
national/ regional self-government is the woreda
self-government. The woreda self-government
entities have functional organs such as the council, executive committee,
judicial administrative organ etc.
The newly established
self-governing units remained subordinate to, and financially dependent upon
the central government throughout the transitional period. The self-governing
units not only lacked constitutional legitimacy but were also made subordinate
to the central government.
The transitional period
was significant not only because the century old-centralized and unitary state
system that Ethiopia had experienced was legally de-constructed, but also
because the process of charting and implementing the structural framework was
introduced for reorganizing and reconstructing the Ethiopian state on the basis
of ensuring equality of the ethno-linguistic communities.
The effects of the
charter and Proclamation No 7/1992 and No 33/1992 were significant for the
devolution of state power in Ethiopia. They marked the first stage of building
regional and local self-governments. The right to self-determination not only
was recognized but also was put into operation in such a way that the people
could constitute self-governments of their own within their respective
geographic areas.
The establishment of a
full-fledged federal system whereby the federal and regional governments are
each, within their respective constitutionally allocated spheres, sovereign and
independent, was delayed until the second stage of the devolution process,
which culminated with the adoption of the new constitution.
During the transitional
period, the transitional government established the constitutional Drafting Commission
and the subsequent process leading to the adoption of the 1995 constitution.
The Commission involved two interlinked phases, a civic education phase and a
public consultation phase. During the civil education phase, the government
used state media to disseminate information on the role of the constitution in
building a democratic system and the basic concepts of constitution and
constitutional law, and the constitutional process to educate the people.
During the consultation phase, the commission published and presented to the
public a series of questions and issues regarding the constitution and the
public was consulted and their response to the questions invited. This was
mainly done through public assemblies.
MAJOR CHALLENGES FACED
BY THE TRANSITIONAL GOVERNMENT
- Ethiopia
was on the verge of state collapse. Even though the Ethiopia People’s
Revolutionary Democratic Front (EPRDF) played a role in spearheading the
armed struggle against dictatorship, there were also more 17 rebel groups
that fought the dictatorship and succeeded in controlling several parts of
the country
- Hundreds
of thousands of soldiers, police and security officers were left jobless.
- Eritrea
achieved its de facto
independence from Ethiopia
- The
country was in economic shambles with an import cover of only about one
week and or external debt of more than four billion U.S Dollars in 1991.[10]
- Maintaining
peace and order was difficult because of the collapsed government
structure. The existence and spread of a huge number of ex-soldiers,
security and police officers throughout the country, the proliferation of
small arms and ammunitions into the hands of the civilians, and refusal by
the Oromo Liberation Front (OLF) to garrison its forces.
SOLUTIONS
- First
the government helped to establish peace and stability committees for the
purpose of providing administrative and policing services. These
committees not only filled the administrative vacuum that was created as a
result of the collapse of governmental structures at the local level, but
also secured a sense of peace and stability within their respective
communities.
- Pursuant
to proclamation No 8/1992, the transitional government accepted and
deployed the EPRDF army to serve as the Ethiopian Defense Force, and set
up a system of policing for the transitional period. The proclamation
provided the legal framework for the establishment of the police forces
for the purpose of maintaining peace and order in each of the national
regional self-governments. It made the police forces accountable to their
respective national/regional self-government.
- With
regard to ex-soldiers, security officers, and other operatives of the
military regime, the proclamation provided for the disarmament and
encampment of the members of the former military regimes political party
(known as ‘Workers Party of Ethiopia’), military, security and other
operatives.
- With
regard to the ‘armies of other organizations’, the proclamation required
the encampment of each of the armies of these organizations in designated
areas, and provided that the central transitional government would cover
their expenditures for education,
training and other necessary logistical expenses.
- Government
adopted a stabilization and structural adjustment program, and investment
proclamation No 15/1992, which aimed to eliminate restrictions on
investment and bureaucratic bottlenecks.[11]
In order to address the
scarcity of skilled personnel in all regional states, and to build the capacity
of both the federal and regional governments, the Ethiopian Civil Service
College (ECSC) was established as an autonomous higher education institution in
1995.
THE FOUR MAIN PRINCIPLES OF FEDERALISM AND
DEVOLUTION IN ETHIOPIA
Principle 1: Right to self determination
- The
Nations, Nationalities and peoples (henceforth referred to as NNP) have
the unconditional right to self-determination.
- This is
found in the Preamble of the constitution which states that; Strongly
committed, in full and free exercise of our right to self-determination,
to building a political community founded on the rule of law and capable
of ensuring a lasting peace, guaranteeing a democratic order, and
advancing our economic and social development;
- Article
39(1) of the Ethiopian constitution states that: Every nation, nationality
or people in Ethiopia shall have the unrestricted right to self-determination
up to secession.
- The
constitution promotes the principle of self-determination among NNP that
would allow them to exercise their rights on local, regional and federal
level without any ambiguity.
Principle 2; Sovereignty of the NNP
- Strongly
committed, in full and free exercise of our right to self-determination,
to building a political community founded on the rule of law and capable
of ensuring a lasting peace, guaranteeing a democratic order, and
advancing our economic and social development;
- Article 8
of the Ethiopian constitution states that ;( 1.) Sovereignty resides in
the nations, nationalities and peoples of Ethiopia. (2.) This Constitution
is an expression of their sovereignty. (3.) Sovereignty shall be expressed
through the peoples' representatives, elected by them in accordance with
this Constitution, and through their direct democratic participation.
- Lastly,
article 39(3.) Every nation, nationality or people in Ethiopia shall have
the unrestricted right to administer itself; and this shall include the
right to establish government institutions within the territory it inhabits
and the right to fair representation in the federal and state governments.
Principle
3; Equality
- Equality of
all persons before the law; article 25. All persons shall be equal before
the law and shall be entitled to equal protection of the law without any
discrimination whatsoever. All persons shall be entitled to equal and
adequate guarantees without distinction of any kind such as race, nation,
nationality, colour, sex, language, religion, political or social origin,
property, birth or other status.
- Discrimination
prohibited; (Preamble) Firmly convinced that the fulfillment of this
objective requires full respect of individual and people’s fundamental
freedoms and rights, to live together on the basis of equality and without
any sexual, religious or cultural discrimination;
- Special
notion to equal rights of women; article 7. Provisions of this
Constitution set out in the masculine gender shall also apply to the
feminine gender. (article 35(1) ) Women shall have equal rights with men
in the enjoyment of the rights and protections guaranteed by this
Constitution to all Ethiopians.
- Equal
rights to services; article 41(3.) Every Ethiopian citizen shall have the
right to equal access to social services run with state funds.
- Equal
statues of religions; (2) The national emblem on the flag shall reflect
the hope of the Nations, Nationalities, Peoples as well as religious
communities of Ethiopia to live together in equality and unity
Principle
4: Equity
·
refers to development –
·
special assistance to previously least
advantaged NNP (such as the women (article 7) )
·
every individual having the right to the
same services
These four principles are determining factors for
Ethiopian federalism and decentralization to district level
The Ethiopian polity consists of nine regional
states which;
1. Follow
ethnic settlement patterns
2. Are
not completely correspondent regarding their ethnicity
3. Under
the Ethiopian constitution have been assigned mandates under article 52
4. Enjoy
the freedom of self-governance
5. Finance
their mandates through levying taxes such as income taxes, land use fees and
taxes of state-owned companies. (article 97)
The Constitution starts with the succinct words ‘We the nations, nationalities
and peoples of Ethiopia’. The constitution grants every ethno-territorial
community the unlimited right to self-determinationincluding
and up to secession and this right cannot be limited even in national
emergencies.
The constitution
establishes a federal and democratic state structure composed of two distinct
entities, the federal state and the regional (member) states.Each
has its own legislative, executive and judicial structure with different
functions and concurrent ones. Functions of the federal government include; administering
national bank, Transport system and telecommunication services linking states,
foreign policy, set standard and criteria for public services like health,
utilization and conservation of land, protect and defend constitution etc.
Functions of the state
include state administration, enact state laws, administer land according to
federal laws, establish state police force, execute social, economic and
development policies, levy and collect taxes etc.
Interdependent matters:
1st the federal state formulates and implements the overall policies
and strategies of development whereas the regional states deal with specific
policies and strategies. 2nd in matters of education, health,
cultures and history the federal state sets the national standards and basic
policy criteria while the regional states are the conduits for the protection
and promotion of the languages, cultures and histories of their respective
constituent ethnic communities. 3rd while land laws are enacted by
the federal state, the administration of land is left to the regional states.4th
the judicial authority of the federal high court and First-instance courts is
delegated to the state supreme courts and high courts respectively.
As self-determining
ethno-territorial polities, the component states are imminently entitled to use
and promote their respective languages, cultures and histories.
Federal Parliament: It
is composed of two assemblies that are different in functions except in matters
that fall under their concurrent competence. These are the House of Federation
and The House of Peoples Representatives.
House of Peoples
Representatives: Constituted of representatives elected by the people for a
term of five years, the maximum number of members is 550 of which at least 20
seats are reserved for minority nationalities and people. It
is the legislative organ of the federal state. It has powers to legislate in
all matters assigned by the constitution to federal jurisdiction;
it legislates on labor law, criminal law and commercial law. It has the power
to call and question the prime minister and other federal officials. It can
also investigate the conduct of the executive. With the request of one-third of
its members it can also discuss any matter pertaining to the powers of the
executive and take measures it deems necessary
House of Federation: Each
nation, nationality and people is represented by at least one member, and by
one additional member for each one million of its population. The members of the house of Federation are
elected for a term of five years by the State Councils, and have the choice of
electing their representatives themselves or organizing elections in their
respective state territories to have the representatives directly elected by
people. Competencies of this House are related with the need to preserve the
constitutional compact between the regional states of Ethiopia. It was created
to maintain and develop their consensual relationships on the basis of equality
and respect for their respective diversity while realizing their commitment to
uphold the Constitution.
It interprets the Constitution, has authority to solve Constitutional disputes
while being assisted by the Council of Constitutional Inquiry,
which also investigate Constitutional dispute but can only make recommendations
to the House. It is the ultimate guardian of the Constitutional compact of the
peoples of Ethiopia; it also proportionately divides the revenue between
federal and regional governments.
Federal Executive: The political
party or coalition of political parties that has the greatest number of seats
in the House of Peoples Representatives assumes the power of the federal state;
the
executive is made up of the Prime Minister and the Council of Ministers. They exercise
the highest executive powers of the Federal state.While
the prime minister is elected from among members of the House of Peoples Representatives,
the members of the Council of Ministers are selected by the prime minister and
appointed by the House of Peoples Representatives. Both are responsible to the
House of Peoples Representatives.The
council of ministers is also responsible to the Prime Minister.
Real executive power lies with the Prime minister the president is just a
ceremonial president.
JUDICIAL BRANCH
Federal Courts
The 1995 Constitution
declares the independence of the judicial branch and articulates the structure
and powers of the courts.
The federal courts were
established by Proclamation 25/1996, and consist of the Federal Supreme Court,
the Federal High Courts, and the Federal First Instance Courts. These courts
have original and appellate jurisdiction over cases arising under federal law, and
in other specified instances.
Most are located in
Addis Ababa and Dire Dawa
The Federal Supreme
Court includes a cassation bench with the power to review and overturn
decisions issued by lower federal courts and State Supreme Courts containing
fundamental errors of law.
Each court has a civil,
criminal, and labor division with a presiding judge and two other judges in
each division.
Federal courts have
jurisdiction over cases arising under the Constitution, federal laws,
international treaties, and particular parties and places identified in federal
law. Federal jurisdiction also includes major criminal matters and specific
types of civil disputes. Federal courts apply federal laws, international
treaties, and relevant state laws unless they are in conflict with federal or
international laws. Issues of constitutional interpretation cannot be decided
by the courts, and must be referred to the Council of Constitutional Inquiry.
STATE COURTS
The Constitution directs the creation of three levels of state courts: the
State Supreme Court (which also incorporates a cassation bench to review
fundamental errors of state law), High Courts (or the Zonal Courts), and First
Instance Courts (or the Woreda
Courts)[28]
State Supreme Courts
sit in the capital cities and have final judicial authority over matters of
state law and jurisdiction; they can also exercise the jurisdiction of the
Federal High Court if none exists in that state[29].
Under the Derg regime, the Ethiopian judicial
system was unitary and the country was divided into 14 areas in which the High
Courts would sit. Decentralization has created many more districts (woredas), as well as the many levels of
state and lower courts.
Although not referenced
in the Constitution, some states have established Social Courts (aka Kebele Courts)[30]
that handle small claims and minor disputes. These Social Courts are created
and recognized under state law, are parts of the official judicial system, and
operate at the kebele level. Some
situations state law stipulates that cases must be brought first to the Social
Courts, although appeals can be made to the First Instance (Woreda) Courts. Non-professional judges who are either elected or
nominated within the local community generally staff kebele courts. Social Courts are the source of legal redress for
the vast majority of Ethiopian issues.
MUNICIPAL CITY COURTS
The Addis Ababa City
Charter creates two levels of City Courts exercising municipal jurisdiction
First Instance and Appellate Courts[31].
There is no Supreme
Court in the municipal system, although a cassation bench is included within
the Appellate Court. Cassation review of Appellate Court decisions can be
brought before the Federal Supreme Court, which also decides jurisdictional
conflicts between the city and federal courts.
The Addis Ababa City
Charter allows the operation of Kebele
Social Courts (more than 200 kebeles exist
in Addis Ababa) to hear petty criminal offenses and civil disputes up to 5,000
birr (approximately USD$580)
The City Charter also
confers judicial powers on the following entities: the Labor Relations Board,
the Civil Service Tribunal, the Tax Appeals Commission, and the Urban Land
Clearance Matters Appeals Commission.
Dire Dawa does not yet
have a formal municipal court system independent of the federal courts. Social
Courts operate at the kebele level,
but their legal authority is unclear and no appellate courts currently exist.
OTHER COURTS
The Constitution of
Ethiopia permits the adjudication of disputes relating to personal and family
matters in accordance with religious or customary laws, but only with the
consent of all parties[32].
Sharia Courts, applying
Islamic laws, are the only religious courts that have been officially
established in states, districts, and municipal districts. Sharia Courts apply
only Islamic laws and have their own appellate system. They are, however,
required to follow the procedural rules of ordinary courts and receive their
budgets from the Federal Judicial Administration Commission. Parties must
voluntarily submit to the jurisdiction of these courts, or the dispute should
be redirected to ordinary justice.
Customary/Traditional
Courts are not yet widely established by law, despite their constitutional
recognition. Unlike social courts, customary courts are only recognized, not
created, by law. The authority of these courts stems from tradition and local
customs. These courts have evolved from traditional arbitration committees or
elder councils, which do not have legal authority, but carry moral force and
still operate widely as primary decision-makers in rural areas throughout
Ethiopia. It appears that people often submit disputes to these courts when
they do not have adequate evidence to support a case before an official court.
KEY MEASURES TAKEN TO
ENTRENCH THE PROCESS OF DEVOLUTION
The process of
devolution of power in Ethiopia has been supported and facilitated by a number
of crucial national and regional economic and development strategies, policies
and programs. These include the Agricultural Development Led Industrialization
(ADLI) Strategy, the Sustainable Development and Poverty Reduction Program
(SDRP), the Capacity Building Strategy, the Woreda
(district) Level Decentralization Program
and the Civil Service Reform Programme (C.S.R.P).
·
Agricultural
Development Led Industrialization
It has been in place
since 1995, it’s a long time development program aimed at empowerment and to
eradicate poverty. More than 85% of Ethiopia survives on subsistence production
thus this program allocates a crucial role to agriculture in economic
development.
This program’s distinct
features include: distinctive features include: commercialization of
smallholder agriculture through product diversification; a shift to
higher-value crops; promotion of niche high-value export crops; support for the
development of large-scale commercial agriculture; effective integration of
farmers into domestic and external markets; and tailoring interventions to
address the specific needs of the country’s varied agro-ecological zones.
·
Sustainable
Development and Poverty Reduction Program
The objectives of this policy focus on
sustainable growth and poverty reduction while maintaining a macro-economic
stability within a decentralized democratic setting, its key areas include;
Agriculture, empowering the private sector, rapid export growth through production
of high value agricultural products, major investment in education and
deepening as well as strengthening the decentralization process to shift decision-making
closer to the grass-roots.
As a result of this
there has been significant progress in the public sector, for example primary
school enrolment has risen to over 91 per cent, infant mortality has fallen
from 123 per cent in 1990 to 77 per cent by the end of 2005, and access to
clean water had more than doubled from 19 per cent to 52.4 per cent by the end
of 2006/07.
·
National
Capacity Building Strategy
Its main aim is to
bring about sustainable development while strengthening democracy, it
establishes the ministry of capacity
whose main aims are; studying and identifying capacity building gaps, following
up on the design and implementation of programs, launching systems for
monitoring the reform programs, creating programs for capacity building and
ensuring their proper implementation
etc. Ethiopia’s capacity building strategy aims at creating a systematic combination
of human resources, working systems and institutions that should enable the
country to achieve its development objectives.
·
Woreda (district) Level Decentralization
Program
This is a sub program
of Ethiopia’s capacity building strategy. It aims to deepen the process of devolution
by empowering the lower tiers of the regional governments, the woreda administrative units. The
implementation of the program required that regional constitutions be amended –
constitutions that provided the legal framework for not only the devolution of
decision-making powers and functions but also for the transfer of financial and
human resources from regional states and zonal administrative units to the woredas.
The first phase of the
implementation of the program was limited to four regional states: Amhara
state, Oromia state, Southern Nations/Nationalities and Peoples’ Region
(SNNPR), and Tigray. The two main instruments deployed to implement the program
were the introduction of the Block Grant system and the reassignment of public
employees to woredas. Block grants
are transfers from regional states to woreda
administrative units according to predetermined formulae and with minimal
conditionality. The providing of the block grants has allowed the woreda governments to implement their
administrative and development plans without undue interference from the higher-level
administrative tier of the regional governments. Redeployment of public
employees from regions and zones to woredas
has also contributed to creating an enabling environment for effective,
equitable and efficient service delivery.
·
Civil
Service Reform Program
In 1994, the Prime
minister established a task force that undertook an in-depth evaluation of the
management and administrative practices of the civil service; it was done both
at the regional and central governments. This revealed serious management
problems in finance, human resources and public service delivery.
The CSRP aims at building a fair, transparent,
efficient, effective, and ethical civil service. It seeks to realize these
objectives by creating enabling legislation, developing operating systems and
training staff in the following five areas: 1) expenditure control and
management with a focus on accounting, auditing, budgeting, procurement and
cash management.
2) Human resource
management (HRM) with a focus on information systems, HRM professionals
development, job classification and grading, HR planning, recruitment,
selection and transfer.
3) Executive management
systems with a focus on building the capacity of staff of federal and regional
governments to undertake planning, management and performance evaluation, strengthening
of delegation and accountability of line ministries.
4) Service delivery and
quality service with a focus on the development of best practices and the establishment
of complaint and redress mechanisms.
5) Ethics, with a focus
on developing a code of conduct, strengthening capacity of mass media, and
ethics education.
First phase took place
in 1996 to 2000 whereby the fruits were the promulgation of a new civil service
law, a code of ethics, a financial management proclamation, complaints handling
procedures and a service delivery policy.
Second Phase was from
2000-2010 with the launch of the comprehensive National Capacity Building
Program (NCBP) by the federal government. Significant progress has been made in
areas of service delivery, budget and accounting systems, tax systems, human
resources and executive management systems.
However these phases haven’t addressed the problem of capacity building.
THE
IMPLICATIONS OF FEDERALISM ON SOCIO-ECONOMIC CONDITIONS IN ETHIOPIA
SUCCESSES
OF FEDERALISM
- Development in the
Education sector
- The
Derg regime was the first to
attempt broadening education. This resulting in a 100% increase of
children attending primary school between 1974 and 1986. This however had
its disadvantages which forced the children to walk for long distances in
order to attend school. This was because education was available in an
assemblage of significant sizes.
- By
2011, 96.4% of the younger children were enrolled in primary education.
This was because primary schools were available in every kebele. In 1995 only 41.8% enrolled
in primary school
- Article
41 requires the provision of equal access to social services and obliges
the government to allocate ever increasing resources to provide health,
education and other social services.
- The
government has set up the Education Sector Development Plan (ESDP) in
order to improve access and quality. The plan is currently in its fourth
phase now.
- The
plan;
1.)
Guides the implementation of the mandate
to set out standards and to establish policy criteria
2.)
Sets criteria regarding all levels of education
from kindergarten to university education
3.)
Aligns the programme phases (phase 1-4)
with the government’s general development plans
4.)
Addresses challenges that occurred
during the previous programmes.
- During
the years 2000-2005 is when there was the highest increment in growth of
enrolments. In between these years is when decentralization took place.
- The
number of primary schools has tripled within 15 years from almost 9 670 to
28, 349 schools in 2010, of which almost 10,000 were built between 2005 and
2010.
- The
use of the mother tongue as the medium of instruction in primary
education. Every child has the constitutional right to mother tongue
education.
- Decentralization
benefited the disadvantaged districts, contributing to the increase in
rural enrolment rates
- Agriculture
Some of the proposed
measures in the agricultural sector were taken into consideration during the
transition to federalism. This was done under a program called the Extension
package program. A few of these measures included;
·
Expansion of the borrowers’ coverage of
micro financing institutions
·
Establishment of an institute for
diploma- level training of extension agents and expand agricultural education
training.
·
Measures for the improved functioning of
markets for agricultural inputs and outputs.
·
Agricultural research, water harvesting
and small – scale irrigation
There were only 32,000 farmers when the
package was introduced in 1994 – 1999. By 2000 – 2001, the number rose to 4
million farmers, and is expected to increase to 6 million by the end of the
program.
Agriculture accounted for 46.3% of GDP, 83.9%
of exports, and 80% of the labor force in 2006/2007, compared to 44.9%, 76.9%
and 80% in 2002/2003. Agriculture remains the Ethiopian economy's most
important sector.
- Health services
Health Extension Package is a new
initiative which is an innovative community-based health care delivery system.
Its main objective is to;
·
Improve access and equity through kebele based health services
·
Focus on sustained preventive health
actions and increased awareness on issues dealing with heath
·
Focus on women/mothers health at kebele level
Implementation began in
2002-2003 using the existing primary workers. As years went by, new units of
health workers were trained. 75% of the trained workers consisted of females,
who are deployed utmost two in each kebele and are accountable to health
centers in their areas. This resulted to
an increase of life expectancy to 54 years for male and 55.4 years for females.
There was a decrease in under-five mortality rate to 101/1000 by the year 2010.
Women’s health was also impacted as MMR (Measles Mumps and Rubella) has
declined to 590/100,000.
In terms of
physical health facilities, the improvements have been the construction of
additional 3,135 New Health Posts reaching 2899 in 2003. The number of
hospitals increased from 87 in 1996 to 126 in 2003. There have also been
significant increases in the availability of health workers of all professional
categories among which the increase in number of nurses and heath officers have
been most remarkable.
Devolution led to an
increase to access of health services. Health service coverage increased from
52% in 2001 to 65% in 2005 which marked the end of the Program period.
To deal with HIV/AIDS,
the federal government approved a comprehensive HIV/AIDS policy in 1998 with
the overall objectives of guiding the implementation of successful programs to
prevent the spread of the disease, decreasing the vulnerability of individuals
and communities, caring for those living with the disease, and reducing the
adverse socio-economic consequences of the epidemic. So far they achieved to;
- Reduce
the level of transmission of the disease
- Strengthen
the secretariat offices at the regional, zonal and woreda levels to be
able to provide appropriate treatment for STDs and extend support to
people living with HIV/AIDS
- Define
work programs to facilitate the functioning of woreda councils
- Increase
the number of clinics providing voluntary counseling and testing
- Reduce
the level of HIV transmission by 25%
- Roads
The federal government
set up the Road Sector Development Program which aimed at upgrading and
rehabilitating the existing road network. As a result of this program, as of
2002 Ethiopia has a total of 33,297 km of road, both paved and gravel. This is
at both federal and regional levels. The share of federally managed roads in
good quality improved from 14% in 1995 to 31% in 2002 and to 89% in 2009. The
road density increased from 21km per 1000km2 in 1995 to 889km in 2009. The
Ethiopian Roads Authority and China Communications Construction Consultancy are
presently building a new six-lane expressway between Addis Ababa and Adama
(Nazaret). The expressway will be 80 km long and will shorten the Addis to
Adama distance by 20 km. To build this expressway will cost Ethiopia US$350
million. The expressway will be completed in 2014. According to the Government
of Ethiopia, it has spent over 600 billion birr (USD $50 billion, €30 billion)
in infrastructure since 1990.
- Water and
Sanitation
The National Water
Resources Management Policy of Ethiopia set its objectives to enhance and
promote efforts towards an efficient, equitable and optimum utilization of the
available water resources and contribute to the country’s socioeconomic
development.
During 2002 – 2005
water supply coverage of urban, rural and country level reached 82.5%, 31.4%
and 39.4% respectively. With respect to urban sewerage, coverage increased
annually by 3.5% from 7%. Access to clean water doubled from 19% to 52.4% by
the year 2007.
THE FAILURES OF FEDERALISM
1.) Unsupported Liberal
democracy
Federalism in Ethiopia
failed not only because of the reluctance of the Ethiopian elites to adopt its
principles, but also because it did not gain critical popular support. This is
intimately linked to the lack of a democratic political culture in Ethiopia.
Most analysis claims that the failure of federalism in such context was to be
expected unless the center democratized. However the government indicated no
such intention. Thus, the legal and administrative systems provided little (if
any) means to redress the grievances of disenfranchised groups. The heavy
handed state rule hindered the socialization of federalist principles among the
population.
2.) Lack of Capacity
Since the commencement
of devolution, one of the most difficult challenges faced has been that of
capacity. Both federal and regional governments suffer from serious lack of
education and skilled personnel, lack of financial and material resources and
inadequate technological facilities. Regional governments have limited taxing
power from which to finance their constitutionally allocated functions and
services, and hence, they are still heavily dependent on federal transfers.
Regional and woreda administrative
institutions and organizations have been created with new and expanded
mandates, while provision of sufficient numbers of staff has been inadequate.
Transfers of available staff from federal to regional and later to woreda level have weakened already strained
institutions and particularly affected primary service delivery in health and
education. There is a huge need for capacity building to retain skilled staff
in more remote locations.
3.) Poor Federal
Institutional Setting
Ethiopia suffered a
weak and flawed institutional design. This weakness consists in a number of
constitutional deficiencies and in the inadequate accommodation of cultural and
regional identities. One of the constitutional deficiencies would include the
consolidation of an irregular arrangement which privileged the federal
government with excessive power. The federal government under the constitution
is granted with excess power in that what they delegate to the regional
government is not as major. This leads to slow development, time wastage and
lack of development in some regional areas. There was no point of devolution if
the federal state still attained excess power and the final say.
4.) Lack of Identity
Accommodation
The Ethiopian
government was reluctant to create and institutional framework that would
accommodate regional and cultural identities. Ethiopia never implemented any
meaningful program of decentralization. The institutional mechanisms through
which regional claims could reach the central government were notably weak and,
in general, were treated as administrative units to be controlled with minimal
concessions.
The state was dominated
by Amhara ethnic group, whereas most other groups especially those in southern
Ethiopia were relegated to a subordinate status both in political and economic
terms. Although the Amhara culture was open to anyone speaking Amharic and
professing Orthodoxy, the predominantly Amhara state- elites actively
implemented policies of Amharization, especially through education. Amharic
became the official language in Ethiopia whereas all other languages were
banned from the public sphere. This was justified through ‘the need to
establish a national identity’. Thus, the central government began imposing an
overarching ‘state’ identity over the numerous ethno cultural groups. This of
course led to a lot of conflict and rivalry among the cultural groups with some
feeling too superior and the rest left disregarded.
Future Prospects for
Devolution in Ethiopia
In order for federalism
to positively benefit Ethiopia and every part of it is if the following
prospects were to be implemented;
·
Dominant
ethnic parties within EPRDF openly tolerate competing political parties in their
regional areas. In previous events, dominant parties
would not agree to have other political parties compete against them. Although
elections would be held, the dominant parties would always win through means of
violence and intimidation. Opposition was not tolerated.
·
EPRDF
to agree to other ethnic or multiethnic parties to join membership in its
coalition. Other multiethnic parties including the
Afar, Somali and the Harari, Benishangul- Gumuz should be allowed to become
members of the EPRDF and this should be done based on an equitable footing or
proportional basis.
·
Minimizing
dependency on foreign aid. Ethiopia must improve its position
in international trade and gain from trading by ensuring rapid and sustainable
economic growth and constantly improving the level of its technology and
capital accumulation. This helps mitigate dependency on foreign aid in the long
term.
·
Concentration
on the four building blocks. Viewed in conjunction
with the political process, the economic strategy will be effective in terms of
development and poverty reduction. Given poverty reduction will continue to be
the core of the agenda of the country’s development, the strategy is built on
four pillars, i.e., Agricultural development led industrialization, justice
system and civil service reform, decentralization and empowerment and lastly
capacity building in public and private sectors. This approach is believed to
be effective in a fight against poverty and to ensure sustainable development.
·
EPRDF
to transform to one national party of citizens.
EPRDF is currently a coalition of ethnic parties which causes a great advantage
to the dominating ethnic parties and a disadvantage to the minority parties
The success of this
experiment of ethnic federalism is contingent on the ruling party’s willingness
and capacity to disengage itself from democratic centralism, and instead extend
and deepen the democratization process.
BIBLIOGRAPHY
Charters/Conventions/Treaties
1.
Transitional Period Charter of Ethiopia
1991
2.
Constitution of the Federal Republic of
Ethiopia
National
laws
3.
Proclamations
Journals/Articles
4. Eshetu
Chole and Mekonen Manyasewal, the
macroeconomic performance of the Ethiopian economy 1974-1990
5. Theodore
M. Vestal, Ethiopia: A Post-Cold War
African State (Westport, CT: Praeger, 1999), an ethicized attempt at
democratization.
6. H.
Tewfik, Transition to Federalism: The
Ethiopian Experience 2007.
7. Ethiopia:
Progress Towards Achieving the Millennium Development Goals: Successes,
Challenges and Prospects, Ministry of Finance and Economic Development, Federal
Democratic Republic of Ethiopia, September 2008, Addis Ababa, Ethiopia,
8. M.
Garcia, Achieving Better Service Delivery
Through Decentralization in Ethiopia, World Bank Working pp. 4,pg 37.
(2008) A.H.R.D.D Press.
10. Zahorik,
Jan. 2011. Ethnicity and Nationalism in
Ethiopia: Some Recent Reflections. The Annual of Language & Politics
and Politics of Identity, Vol. V. p. 91- 108.
11. M.
Taddaru. Devolution of Power in Ethiopia:
The Legal and Political Aspects, 2008,Oxford Press
Reports
1. FDRE
Central Statistical Authority, the 1994 Population and Housing Census of
Ethiopia: Results at Country Level Volume II Analytical Report. (Addis Ababa:
CSA, June 1999).
2. Minutes
of the Constitutional Assembly, (Amharic Version), Hidar 21, 1987 E.C.
Internet
Websites
1.
http://unpan1.un.org/intradoc/groups/public/documents/un-dpadm/unpan040825.pdf
Accessed on 11/9/2014
2.
http://webapps01.un.org/nvp/indpolicy.action?id=124
Accessed on 11/9/2014
