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
The federal caseation court also conveyed the decision of the transitional government during its 102th ordinary meeting, which stated that following the implementation of the constitution, the decision shall continue to be implemented and shall be consistent with the principles of the constitution as understood from the council’s minutes (NEBE, HNA No. 207036, Federal Cassation Ct. of Ethiopia, 27 May 2021). This is why the federal constitution, which has been supplemented by the regional constitution, was created (NEBE, HNA No. 207036, Federal Cassation Ct. of Ethiopia, 27 May 2021). The FDRE constitutional council held an ordinary meeting on 24 Mar 2003, during which it endorsed and approved the regional council’s decision, and, as a result, the articles and principles of the regional constitution and the house of people representatives have been consistent with the articles and principles of the federal constitution (NEBE, HNA No. 207036, Federal Cassation Ct. of Ethiopia, 27 May 2021). The Federal Caseation Court strengthens its decision on the case by citing the federal constitution, for example, Article 5 (1) 3, 39 (2), 91 (1) and 2, which deals with the protection of the rights and identities of Ethiopian nations, nationalities, and peoples, including protection of language, culture, heritage, and identity, for which the government provides protection and guarantee (NEBE, HNA No. 207036, Federal Cassation Ct. of Ethiopia, 27 May 2021).
Furthermore, the Federal Caseation Court stated that the country has accepted international conventions such as civil and political rights of groups or individuals, conventions and declarations on social, cultural, and economic rights, and conventions and declarations on minority rights and interests. Articles 1 and 27 of the International Covenant on Civil and Political Rights, as well as the UN General Assembly decision on December 28, 1999, under Decision No. 47/137, have been addressed in relation to the rights and interests of nations, nationalities, religions, or minority groups, as well as protection of their identity (NEBE, HNA No. 207036, Federal Cassation Ct. of Ethiopia, 27 May 2021). In addition, we can learn from the experience of developed nations and democratic societies that such rights must be protected and guaranteed. The Harari people have benefited from such rights and benefits, and the language, culture, identity, and heritage of minority groups will be protected, as stated in the constitution. The purpose of establishing the HNA under a different legal framework is to realize and attend to the constitutional rights of the Harari people, as well as to make it easier for Harari people members to participate in the electoral process.
In general, when we look at the decisions of the Federal High Court and the Federal Cassation Court, we can see that the decisions are legal and appropriate. This is due to the fact that Article 50 (2) of the Harari regional state constitution clearly states that members of the Harari ethnic group living outside of Harari regional state are eligible to vote for the HNA. Furthermore, after deliberating on the matter, a committee appointed by the House of Peoples’ Representatives in 24 Mar 2003 to investigate the matter decided to keep the Harari people outside the Harari regional state for the HNA. This decision conveyed by the Federal High Court and the Federal Cassation Court has the potential to have a significant positive impact on the rights of Ethiopian minority groups. It truly breaks new ground for the millions of minority communities whose voting rights are still being denied by Ethiopia’s National Electoral Board.
9. Conclusion and recommendation
Ethiopia’s national minority protection situation has significantly improved since the adoption of a federal state structure, as various laws allowing national minorities to have more rights, such as establishing National Councils or using their mother tongues in the process of education or elsewhere, have been implemented. In addition to equal protection, the FDRE Constitution has protected collective rights for minorities, rights that are aimed at assisting minority groups in keeping and maintaining their identity, language, religion, and culture. The Harari regional state constitution and the FDRE constitution have acknowledged the need for the protection of collective rights of minority ethnic groups. However, it has become clear that additional measures may be required to better protect indigenous minorities’ rights from discrimination, promote their identity, and assist them in preserving their culture and traditions. As previously stated, this is due to the fact that the attempt by the NEBE to refuse voting rights to members of the Harari ethnic group living outside of the Harari regional state for HNA members in Ethiopia’s sixth election is a deliberate act aimed at violating indigenous minorities’ rights. Thus, affirmative action measures for members of minority groups are often required to close the gap that discriminatory policies, where they were used in the past, created between the majority and those belonging to minorities. As a result, strong and institutionalized affirmative action is often required not only against acts of the state, but also against discriminatory acts of other parties within the state. These measures may also be required to ensure the survival and continued development of the minority’s cultural, religious, and social identities.
In a nutshell, elections are the mechanisms through which citizen preferences are translated into political leadership in a democracy. To understand how democracy works in an ethnically divided society, it is necessary to understand how voters behave during elections in a variety of settings. In this regard, it is undeniable that the NEBE has inadvertently attempted to resist the rights of indigenous minority Hararis (who live in other parts of the country) to vote for HNA candidates. The basic reasons for the NEBE to do so have no legal justification and are challenged by the federal and regional constitutions, particularly by Harari regional state constitutional provisions explicitly addressing minorities and Hararis residing outside the Harari region to vote.
The federal cassation court’s final decisions were found to be correct, fair, and acceptable, as well as in accordance with the federal and regional constitutions.The federal and regional constitutions of the country played a prominent role in protecting the rights of minorities to vote. In relation to the decisions of the federal Supreme Court and the cassation court, both the Harari regional state constitution and the federal constitution played a significant role. In general, indigenous national minorities can easily participate or exercise their right to vote as long as the democratic rights of minorities to vote are adequately addressed in constitutions and the judiciary system functions freely and fairly.
Overall, the incident initiated by the NEBE could have led to unnecessary mass mobilizations, demonstrations, conflict, and bloodshed. However, the Harari regional government, the leaders, HNA, and the public managed the situation by taking the case to the courts to obtain justice and following legal procedures patiently.
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