Protection of indigenous minority voting rights in the Ethiopian electoral system:
The case of Harari National Assembly
By Fathe Mahdi WOZIRaa† & Muluneh Kassa ERESSO b
5.2. Constitutional recognition of diversity
Constitutional recognition of diversity is one of the mechanisms for managing diversity in a multicultural state. The struggle of sub‒state ethnic groups for increased or improved recognition is inextricably linked to autonomy and representation (Stephen, 2004). Usually, scholars use this term to refer to the desire for constitutional recognition of a sub‒state national society’s language or other symbolic issues such as flags, anthems, or other totems (Stephen, 2004). In multinational states or federations, where linguistic cleavage is a major component, official bi‒or multi‒lingualism is actually a preferred tool to give minorities a platform to express their voice at the centre, and this type of policy can also increase minority representation in such institutions such as parliament, the courts, the army and the bureaucracy, as it facilitates advancement for linguistic minorities (Nicola & Lecours, 2008). In other words, recognition is inextricably linked to the alleged distinctiveness of the sub‒state national group, its behaviors, traditions, and traits that allow clearly identifying and distinguishing one sub‒state national group from the others. Taylor praises recognition in general because it shapes one’s identity. Consequently, [n]onrecognition or misrecognition can cause harm and be a form of oppression, imprisoning someone in a false, distorted, and reduced mode of being (Taylor, 1994, 25). Taylor considers due recognition to be a “vital human need” and, accordingly, he believes that misrecognition can inflict a severe wound, leaving victims with crippling self-hatred (Taylor, 1994, 26).
5.3. Representation in political institutions
The institutional design of regional states in Ethiopia is the main determinant factor for responding to the challenges of internal minorities and accommodating multi‒cultural societies at the local level (Yonatan, 2008). Therefore, an accommodative institutional setup of regional states guarantees the right to self‒administration and the right to take part in any administrative units, and the right to political participation of ethnic groups of the regional state (Yonatan, 2008). The institutional accommodation and fair representation of ethnic cleavages of the regional state can be used as the best indicator for inclusive political participation of the existing diversity in the region. In diverse states, the institutional response that suggests a state shift away from the nation‒state paradigm and toward a politics of recognition and accommodation is presented as a promising alternative (Yonatan, 2008). The acceptance of institutional measures that supplement and provide practical effect to the act of recognition is a corollary of the decision to adopt the principle of recognition (Yonatan, 2008). Policymakers and academics advocate a variety of institutional reforms that would allow multi‒ethnic states to accommodate ethnic demands without jeopardizing their political integrity (Yonatan, 2008). The institutional principles that embody core values and can respond to the needs of an ethnically diverse state through a carefully orchestrated pragmatic application (Yonatan, 2008).
In this context, representation refers to situations in which the ethnic diversity inherent in the regional state is reflected within regional and local institutions; in other words, the presence of representatives from various ethnic groups within regional and local institutions is enhanced. In this regard, enhancing the voice of each ethnic group in the regional state, so that the regional state is perceived as a compact of people rather than a single ethnic community. Hence, representation occurs in a variety of ways. Regional bureaucratic positions tailored to the region’s ethnic diversity could be created. It can also occur through the establishment of a regional chamber representing the interests of the region’s various cleavages, or through some form of representation within the region’s constitutional interpretation council.
6. The protection of minority rights under the FDRE constitution
Every nation, nationality, and people have equal rights, status, and recognition under the FDRE constitution. For instance, Article 39 of the FDRE constitution provides explicit recognition that “every nation, nationality, and people in Ethiopia has an unconditional right to self‒determination, including the right to secession. Every nation, nationality, and people in Ethiopia has the right to speak, to write, and to develop their own language; to express, develop, and promote their culture; and to preserve their history. Every nation, nationality and people in Ethiopia has the right to a full measure of self‒government which includes the right to establish institutions of government in the territory that it inhabits and to equitable representation in state and federal governments “(refer to Article 39 (1, 2 & 3) of the FDRE constitution).
Furthermore, the preamble and Article 8 of the FDRE constitution also make a commitment to protect the legitimate interests of the Ethiopian nation, nationalities and peoples. The constitution’s preamble declares that: ‘We, the Nations, Nationalities and Peoples of Ethiopia: 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’ (refer the preamble of FDRE constitution). The preamble commits to making adequate provisions to protect Ethiopia’s legitimate interests of nations, nationalities, and peoples. A reading of the constitution’s preamble reveals the drafters’ enthusiasm to recognize the existence of diverse ethnic, linguistic, and cultural groups in Ethiopia: One phrase in particular stands out: ‘…full respect of individual and people’ fundamental freedoms and rights, live together on the basis of equality’ and without any sexual, religious or cultural discrimination’. Similarly, Article 25 of FDRE constitution states that “all persons are equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, language, religion….”According to Article 8 of the FDRE constitution, “All sovereign power resides in the Nations, Nationalities, and Peoples of Ethiopia” and the constitution is an expression of their sovereignty. In addition to this, Article 47 (2) of FDRE constitution recognized that nations, nationalities and peoples within the States enumerated in sub‒Article 1 of this article have the right to establish, at any time, their own States (Article 47 (1) of FDRE constitution). On this basis, one could argue that the FDRE constitution refers to various ethnic
groups as “nations, nationalities, and peoples.”
In contrast, the constitution makes no distinction between ethnic groups in terms of minority and majority. The constitution does not define the terms minority and majority in terms of ethnic group. However, without making a clear distinction, Article 54 (2) and (3) of the FDRE constitution attempt to describe the special representation of minority nationalities and people in the House of People’s Representatives. In this context, Article 54 (2) and (3), for example, specifically stated that “members of the House shall be elected from candidates in each electoral district by a plurality of the votes cast. Provisions shall be made by law for special representation for minority Nationalities and Peoples. Members of the House, on the basis of population and special representation of minority Nationalities and Peoples, shall not exceed 550; of these, minority Nationalities and Peoples shall have at least 20 seats. Particulars shall be determined by law”. The term “minority nationalities and peoples” appears in the FDRE constitution (refer, for example, Article 54 (2) and (3)), but no clear description of who constitutes a minority nationality or people in Ethiopia.
However, Article 13 of Proclamation No. 1162/2019, on the other hand, addressed the issue of constituencies. The following was stated in Article 13 (b, c, and d) of this Proclamation regarding minority representation in the House of Peoples’ Representatives. Article 13 (b) of this Proclamation, for example, states that “the country shall have one representative per constituency to be elected to the House of Peoples’ Representatives, where the total number of constituencies shall not exceed 550; and the constituencies shall be determined on the basis of population and the number of minority nationalities and peoples with special representation.” Except in the case of constituencies for the representation of minority nationalities and peoples, the population of the constituencies must be comparable, with the highest average population deviation between constituencies not exceeding 15%.” In addition, Article 13 (c & d) of the same Proclamation declared that “there shall be constituencies for the representation of minority nationalities and peoples whose number is not less than 20 and which are deemed to require special representation in accordance with Article 54 of the Constitution.” Minority nationalities deemed to require special representation shall be determined by the House of Federation based on predetermined criteria.”
It is also true that the meaning of minority nationalities and people adopted by the drafters of the FDRE constitution is not clear. The FDRE constitution, as well as any other formal written laws and regulations, did not provide a comprehensive and concise definition of a minority nationality or people in contemporary Ethiopia. Thus, an examination of the above‒mentioned definitional considerations of which nation, nationalities, and people constitute a minority reveals the concept’s ambiguity in the country. Nonetheless, in order to provide minority nationalities and peoples with a voice in the House of Peoples Representatives, Article 54 (2) and (3) of the FDRE constitution reserved twenty seats for minority nationalities and peoples. Minority groups with a population of at least 20 people have the right to have a representative in the House of People’s Representatives, where one Member of Parliament currently represents 100,000 people. In this context, the representation of Harari people in the House of Peoples Representatives has been executed based on Article 54 (2) and (3) of the FDRE constitution. In addition to this, FDRE constitution clearly recognized that each nation, nationality and people shall be represented in the House of the Federation by at least one member (refer to Article 61(2) of FDRE constitution). We can conclude from this constitutional provision that numerically smaller ethnic groups have guaranteed representation in the House of Federation. The reason is that the constitution stipulates that each nation, nationality, and people have at least one representative in the House of Federation. Thus, the Harari ethnic group has had one seat in the Federal House of Federation since the country’s federal state structure was established.