federalism and devolutiion in ethiopia final

FEDERALISM IN ETHIOPIA

ETHNIC DIVERSITY IN ETHIOPIA.• Ethiopia is known for its ethnic

diversity, with 84 different groups.

• The two major ethnic groups are

the Oromo and Amhara.

• Each group has its own language.

• The main religion practiced in

Ethiopia is Christianity.

• There are rumors that Ethiopia has

existed bout 3000 years ago.

Continued..

• In the last quarter of the 19th

century,

Ethiopia has evolved as a non-colonial

empire state, through conquest and

incorporation of adjoining kingdoms,

principalities and sultanates.

• Modern Ethiopian governments

attempted to forge cultural

homogenization through state

centralization and one-language policy

during most of the 20th century.

…..• Some of the 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), Ogadeni National

Liberation Front (ONLF).

EVOLUTION OF ETHNIC FEDERALISM

NATASHA NDUMBI

• National conference in July 1991.

• Transitional charter.

• The regional/national proclamation 7/1992

• 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.

• Adjacent nations, nationalities and

peoples.

• 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.

• 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

• The basic unit in the national/ regional self-government is the woreda self-government.

• The newly established self-governing units remained subordinate to, and financially dependent upon the central government throughout the transitional period.

• 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.

• 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.

• 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.

MAJOR CHALLENGES FACED BY

THE TRANSITIONAL

GOVERNMENT

1) Ethiopia was on the verge of state

collapse.

2) Hundreds of thousands of soldiers, police

and security officers were left jobless.

3) Eritrea achieved its de facto

independence from Ethiopia

4) The country was in economic shambles

5) Maintaining peace and order was difficult

because of the collapsed government

structure.

SOLUTIONS

a) First the government helped to establish peace and stability committees for the purpose of providing administrative and policing services.

b) 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.

c) 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.

d) 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.

e) Government adopted a stabilization and structural adjustment program, and investment proclamation No 15/1992, which aimed to eliminate restrictions on investment and bureaucratic bottlenecks.

• 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 1995 CONSTITUTION OF THE

FEDERAL DEMOCRATIC REPUBLIC OF

ETHIOPIA

• All levels of government except zones have a tripartite

structure:

1. an elected council,

2. an executive organ,

3. an independent judiciary.

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 Ethiopian 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.

Principle 2; Sovereignty of the NNP

the Preamble 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 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; EqualityEquality of all persons before the law; article 25.

All persons shall be equal before the law and shall be entitled to equalprotection of the law without any discrimination whatsoever. All personsshall be entitled to equal and adequate guarantees without distinctionof 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 fullrespect of individual and people’s fundamental freedoms and rights, tolive together on the basis of equality and without any sexual, religiousor 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; 41(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

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)

Devolution under the 1995

Constitution.

We the Nations, Nationalities

and People of the Federal

Democratic of Ethiopia

• It establishes a federal and state structure.

Each has its own legislative, executive and

judicial branch.

• 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

Federal Govt functions(Art 51)

• 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

State Govt functions (Art 52)

• Policies

• Education, culture and history

• Land laws

• Judicial authority

Matters of concurrent

competence

Federal Parliament

• Constituted of a maximum of 550 elected

members, 20 reserved for minority’s

• Legislates over labor law, criminal law and

commercial law.(art 55(1)

• Can summon and question federal officers

including prime minister

House of peoples representatives

• Each nation, nationality and people is represented by at least one member, and by one additional member for each one million of its population (art 61(2))..

• Competencies of the house are related to the need of preserving the constitutional compact between the regional state

• It interprets the Constitution, has authority to solve Constitutional disputes(Art 83(1) while being assisted by the Council of Constitutional Inquiry..

• Constitution Guardian

• Proportionately divides the revenue between federal and regional governments.

House of Federation

• 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 (Art 73(2))..

• 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..

Federal Executive

The Judiciary

• Article 78 establishes the Federal

supreme court

• The Federal High court and first Instance

courts are established by the House of

People’s Representatives by a 2/3rd

majority vote. The jurisdiction of this courts

are delegated to the State Courts.

• Article 78 (4) there shall be no

establishment of special or ad hoc courts.

• Article 34(5) the House of People’s

Representatives and State Councils can

establish or give official recognition to

religious and customary courts

The structures

Federal Supreme Court

Federal High court and First Instance courts

State Supreme Court

State High Court (zonal courts)

First Instance Court(Woreda courts)

Municipal Courts

First Instance courts

Appellate Courts

Other courts

Sharia courts

Customary courts

KEY MEASURES

TAKEN TO ENTRENCH

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

47

Agricultural Development Led

Industrialization

• Since 1995

• Eradicate poverty

• 85% people live on subsistence.

48

DisTINCT FEATURES

• commercialization of smallholder agriculture through product diversification;

• a shift to higher-value crops

• promotion of niche higher-value export crops

49

Sustainable Development and

Poverty Reduction Program

•Sustainable poverty reduction while maintaining a macro economic stability within decentralized democratic setting

•Key areas;

• Agriculture

• Empowering the private sector

• Rapid export growth through production of high value agricultural products

• Major investment in education

• Deepening as well as strengthening the decentralization process to shift decision-making closer to the grass-roots

50

Successes

• Primary school enrollment up by 91%

• Infant mortality has fallen from 123 per cent in 1990 to 77 per cent by the end of 2005

• Access to clean water had more than doubled from 19 per cent to 52.4 per cent by the end of 2006/07

51

National Capacity Building

Strategy

• Sustainable development while strengthening democracy, it establishes the ministry of capacity;

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

52

Woreda (district) Level

Decentralization Program..

• Deepen the process of devolution by empowering the lower tiers of the regional governments, the woredaadministrative units.

• Required local constitutions to be ammended to empower the woreda’sadministratively …

• 1st phase limited to 4 states.(Oromia,S.N.N.P.R, Tigray,Amhara)

• Involved reassignment of civil employees and block grants

53

Civil service reform program..

• In depth evaluation of civil service

• Revealed serious H.R problems

• 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.

54

• Key Areas;

• expenditure control

• H.R management

• Executive management systems

• Service delivery

• Ethics

55

Successess

• New civil service law

• A code of ethics

• A financial management proclamation

• Complaints handling procedures

• Service delivery policy.

56

SUCCESSES OF FEDERALISM

• 1. Development in the Education sector

• Federalism resulted in a 100% increase of

children attending primary school between

1974 and 1986

• By 2011, primary schools were available in

every kebele.

• 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

• 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

• 2. 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

• 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

3.) 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

• 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.

• 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.

• Health service coverage increased from

52% in 2001 to 65% in 2005 which marked

the end of the Program period.

• The put special effort into dealing with

HIV/AIDS within the population.

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%

• 4. 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.

• 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.

• According to the Government of Ethiopia, it has spent

over 600 billion birr (USD $50 billion, €30 billion) in

infrastructure since 1990.

• 5. Water and Sanitation

• 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.

Failures Of Ethnic Federalism in

Africa.

• 1.) Unsupported Liberal democracy- the

lack of a democratic political culture in

Ethiopia.

• 2.) Lack 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.

• Poor Federal Institutional Setting -

inadequate accommodation of cultural and

regional identities. The consolidation of an

irregular arrangement which privileged the

federal government with excessive power.

• Lack of Identity accommodation- the

government of Ethiopia is reluctant to

accommodate more cultural and regional

identities.

Prospects

Dominant ethnic parties within

EPRDF openly tolerate competing

political parties in their regional areas

• EPRDF to agree to other ethnic or multi-

ethnic parties to join membership in

coalition

• Concentration on the four building blocks

Minimizing dependency on

foreign aid

• Iram Concludes with a table