Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions

Habib Jemal

doi:doi:10.11648/j.ijls.20210404.17

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Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions

Habib Jemal

Published in International Journal of Law and Society (Volume 4, Issue 4)

Received: 7 October 2021 Accepted: 22 November 2021 Published: 24 December 2021

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Abstract

Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.

Published in	International Journal of Law and Society (Volume 4, Issue 4)
DOI	10.11648/j.ijls.20210404.17
Page(s)	293-305
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

FDRE Constitution, Federal Government, Regional States, Inter-Regional Boundary Friction, House of Federation, and the Commission

References

[1]	E. Bulmer, "Federalism," International Institute for Democracy and Electoral Assistance, 2017.
[2]	A. Erbsen, "Horizontal Federalism; Vertical Federalism, Horizontal Federalism, and Legal Obstacle to State Marijuana Legislation Efforts," Minnesota Law Review, vol. 93, no. 493, 2008.
[3]	"Approaches to Resolving Territorial Conflicts Sources: Situations, Scenarios, and Suggestions," The Carter Center, Atlanta, 2010.
[4]	A. Kefle, "Federalism: Some Trends of Ethnic Conflicts and their Management in Ethiopia.," International Books, Utrecht, 2004.
[5]	T. Hagmann and M. M. Abdi, "Inter-ethnic violence in Ethiopia’s Somali Regional State, 2017–2018," Conflict Research Programme, 2020.
[6]	M. S. Frontires, "Displacement and humanitarian response in Ethiopia: challenges and dilemmas in complex crises," MSF, 08001 Barcelona, 2019.
[7]	A. A. Hunger, "Benishangul-Gumuz Region (Kemashi Zone) Multi-sectoral Rapid Assessment Report on Returnees/IDPs MAY 2019," 2019.
[8]	UNICEF, "Peace building, Education and Advocacy Programme (PBEA), Context Analysis Summary: Ethiopia," 2015.
[9]	UNICEF, "Situation Analysis of Children And Women: Benishangul-Gumuz Region," 2017.
[10]	IOM, "Displacement Tracking Matrix, Rapid Response Assessment Benishangul-Gumuz/East and West Wellega: Round 1: 8-16 Feb. 2019;" 2019.
[11]	OCHA, "Access Snapshot - East and West Wellega (Oromia), Kamashi (Benishangul Gumuz) As of 28 February 2020)," 2020.
[12]	S. Yusuf, Drivers of ethnic conflict in contemporary Ethiopia, The Institute for Security Studies monograph (202), 2019.
[13]	A. Adinewet, "Conditions of Human Rights in Ethiopia in the Aftermath of Political Reform," Northwestern Journal of Human Rights, vol. 19, no. 1, 2021.
[14]	The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, Negarit Gazeta 1st year, No. 1, Addis Ababa, 1995.
[15]	A. Fiseha, "Ethiopia's Experiment in Accommodating Diversity: 20 Years’ Balance Sheet," Regional & Federal Studies, vol. 22, no. 4, pp. 435-473, Assefa Fiseha (2012).
[16]	A. v. Bogdandy, "Doctrine of Principles European Integration: The New German Scholarship Jean Monnet Working Paper 9/03," Max Planck Institute for Comparative Public Law and International Law, Heidelberg, 2003.
[17]	L. Orgad, "The preamble in constitutional interpretation," International Journal of Constitutional Law, vol. 8, no. 4, p. 714–738, 2010.
[18]	T. J. Saunders, Ploto- The Laws 137–145, 424–429, 2005.
[19]	C. Schmitt, Constitutional Theory, Jeffrey Seitzer trans, 2008.
[20]	W. Blackstone, Commentaries on the Laws of England, 1765.
[21]	L. Besselink, "The Protection of Human Rights in Federal Systems - The Case of Ethiopia," in Draft Paper for the Law and Politics Panel of the XIV the International Conference of Ethiopian Studies, Addis Ababa, 2000.
[22]	U. Nations, Writer, The Post-2015 UN Development Agenda: Peace and Securty Thematic Think Piece. [Performance]. 2012.
[23]	Charity Butcher and Maia Carter Hallward, " Bridging the Gap between Human Rights and Peace: Analysis of NGOs and the United Nations Human Rights Council International Studies Perspectives 18," Kennesaw State Universitys, 2017.
[24]	I. f. E. a. Peace, "Research from the Institute for Economics and Peace (IEP)".
[25]	D. Gesellschaft, "Sector Programme “Peace and Security” Connecting Human Rights and Conflict Transformation Guidance for Development Practitioners," Internationale Zusammenarbeit (GIZ) GmbH, 2011.
[26]	Aïssata Athie and Youssef Mahmoud, " Human Rights and Sustaining Peace," International Peace Institute, New York, 2017.
[27]	Raffaele Marchetti and Nathalie Tocci, "Civil society, conflicts and the politicization of human rights," United Nations University, Tokeyo, 2011.
[28]	A. Degefa, "The Scope of Rights of National Minorities under the Constitution of the Federal Democratic Republic of Ethiopia," Addis Ababa University, Addis Ababa, 2005.
[29]	H. Tewfik, "Federalism in Ethiopia," in International Conference on Dynamics of Constitution Making in Nepal in Post-conflict Scenario January 15_17, 2010, Kathmandu, 2010.
[30]	Emily Pia and Thomas Diez, "Human rights discourses and conflict: Moving towards desecuritization, in Civil society, conflicts and the politicization of human rights," United Nations University Press, 2011.
[31]	L. Fuller, The Morality of Law, The Oxford Handbook of Classics in Contemporary Political Theory, Oxford University Press, 2015.
[32]	A. Tamirat, "The Police and Human Rights in Ethiopia," Abyssinia Law, (2015).
[33]	Proclamation for the Establishment of the Administrative Boundaries and Identity Question Commission, Addis Ababa, 2018.

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APA Style

Habib Jemal. (2021). Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions. International Journal of Law and Society, 4(4), 293-305. https://doi.org/10.11648/j.ijls.20210404.17

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ACS Style

Habib Jemal. Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions. Int. J. Law Soc. 2021, 4(4), 293-305. doi: 10.11648/j.ijls.20210404.17

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AMA Style

Habib Jemal. Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions. Int J Law Soc. 2021;4(4):293-305. doi: 10.11648/j.ijls.20210404.17

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@article{10.11648/j.ijls.20210404.17,
  author = {Habib Jemal},
  title = {Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {4},
  pages = {293-305},
  doi = {10.11648/j.ijls.20210404.17},
  url = {https://doi.org/10.11648/j.ijls.20210404.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210404.17},
  abstract = {Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.},
 year = {2021}
}

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TY  - JOUR
T1  - Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions
AU  - Habib Jemal
Y1  - 2021/12/24
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210404.17
DO  - 10.11648/j.ijls.20210404.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 293
EP  - 305
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210404.17
AB  - Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.
VL  - 4
IS  - 4
ER  -

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Author Information

Habib Jemal

Department of Law, Wollega University, Nekemte, Ethiopia

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Habib Jemal. (2021). Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions. International Journal of Law and Society, 4(4), 293-305. https://doi.org/10.11648/j.ijls.20210404.17

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ACS Style

Habib Jemal. Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions. Int. J. Law Soc. 2021, 4(4), 293-305. doi: 10.11648/j.ijls.20210404.17

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AMA Style

Habib Jemal. Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions. Int J Law Soc. 2021;4(4):293-305. doi: 10.11648/j.ijls.20210404.17

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@article{10.11648/j.ijls.20210404.17,
  author = {Habib Jemal},
  title = {Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {4},
  pages = {293-305},
  doi = {10.11648/j.ijls.20210404.17},
  url = {https://doi.org/10.11648/j.ijls.20210404.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210404.17},
  abstract = {Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions
AU  - Habib Jemal
Y1  - 2021/12/24
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210404.17
DO  - 10.11648/j.ijls.20210404.17
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 293
EP  - 305
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210404.17
AB  - Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.
VL  - 4
IS  - 4
ER  -

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