Browsing by Author "Fessha, Yonatan"
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Item Addressing the limits of autonomy: Origin, organization and purpose of horizontal intergovernmental forums in three federations(Centro Studi sul Federalismo, 2020) Fessha, YonatanHorizontal intergovernmental forums that bring together the constituent units of a federation are increasingly common. This article examines the origin, organization and purpose of the premium horizontal intergovernmental forums in Kenya, Spain and Canada. The constitutional origin of institutions of horizontal intergovernmental relations is uncommon. The experience of the three political forums confirm the view that institutionalization of intergovernmental relations may not be a necessary condition for effective intergovernmental relations. Yet, in countries with no history of multilevel governance or a culture of cross-boundary interaction, institutionalization might give horizontal intergovernmental relation the prompt it needs.Item Federation among unequals. A country study of constitutional asymmetry in Ethiopia(Palgrave MacMillan, 2019) Fessha, Yonatan; Bezabih, BiniyamAlthough some level of political asymmetry is unavoidable in any federal arrangement, the problem of an Ethiopian federation affected by glaring political asymmetry remains unexplored. The aim of this chapter is to examine whether the political asymmetry that characterizes the federation is translated into constitutional asymmetry and affects the working of the federation. It seeks to unravel the repercussion of the unbalanced nature of the existing ethnically defined states on the federation as a whole, ramifications that, this chapter argues, have not fully come into effect because of a ruling party that has effectively equalized the unequal subnational entities. This, the paper concludes, is set to change as competitive politics replaces the political space that is currently characterized by ‘one-party dominance’, or even when the balance of power within the ruling party goes under major reconfiguration, as seems to be happening these days. The chapter commences the discussion by providing a historical background of the federal system. It then moves to identify the political asymmetrical features of the Ethiopian federal system. The chapter further detects constitutional asymmetry and investigates the potential and actual implications of the asymmetry for the functioning of the federation. This is followed by a discussion that explores the link between multinationalism and the asymmetry that characterizes the Ethiopian federation. The chapter then explores whether the federal system has put in place mechanisms that can help to moderate the effects of the asymmetry before it concludes the discussion.Item Female genital mutilation as a human rights issue : examining the law against female genital mutilation in Tanzania(University of the Western Cape, 2012) Yusuf, Camilla; Fessha, YonatanItem Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital(Nomos Verlagsgesellschaft, 2020) Fessha, YonatanSome call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. Those who opt to refer the capital as Finfinnee claim that the capital belongs to the Oromo. Those that stick to the official name, Addis Ababa, reject the language of ownership. But this is not merely a fight over history. It is a constitutional politics that has gripped the federation. The debate over the Ethiopian capital brings to fore the question about the place of capital cities in multi-ethnic federations. Using the Ethiopian capital as a case study, this article investigates how capital cities can manage the tension between the accommodation of diverse communities and the indigeneity argument that is often used as a basis to claim ownership. The article argues that the mediation of tensions can be best addressed through the framework of intergovernmental cooperation.Item The law and politics of internal secession: The Ethiopian experience in comparative perspective(Palgrave Macmillan, Cham, 2021) Fessha, Yonatan; Ayele, ZemelakAlthough secession has been the subject of much scholarly work, the focus has largely been on the external dimension of secession, the decision of a territory to leave an existing state and establish itself as independent state. Little attention has been provided to the less radical solution of internal secession, the right of a community or territory to secede from a subnational unit and establish its own unit. The Ethiopian constitution is probably the only constitution that provides for internal secession as a constitutional right. It also provides for a procedure according to which the right to internal secession can be exercised. Focusing on the Ethiopian experience, this chapter discusses the law and politics of internal secession in a comparative perspective. It examines the grounds that may justify internal secession and the procedure that must govern a request for internal secession.Item Mobility and ethnic federalism in Ethiopia(Addis Ababa University, 2019) Dessalegn, Beza; Fessha, YonatanEthiopia’s federal dispensation, ushered under the 1995 Constitution, guarantees ethnic groups – constitutionally termed as “nations, nationalities and peoples” – a wide array of self-rule rights. The Constitution also provides for a number of individual rights, including the free movement of citizens within the country. In a federal setup where subnational and local boundaries are constructed along ethno-linguistic lines, the mobility of individuals presents both opportunities and challenges. While the free movement of citizens provides unique opportunities including fighting stereotypes, facilitating inter-cultural exchange, and reinforcing cultural bonds, it has also the potential to create tension with members of the host community that perceive mobility of individuals as a threat against their constitutionally recognized self-rule rights. This paper examines how the Ethiopian federal setup, without adequate legal framework, is struggling to address these competing demands and, as a result, has probably undermined both citizenship and ethnic rights.Item Status quo report on intergovernmental relations regarding local government(Community Law Centre, University of the Western Cape, 2006) Steytler, Nicolas; Fessha, Yonatan; Kirkby, CoelLocal government in South Africa is a unique experiment in intergovernmental relations. Guided by the constitutional principle of co-operative government, the provinces, and district and local municipalities must work together to achieve their, often overlapping, goals. Key for local government is the delivery of basic services, such as water and housing, enshrined in the Bill of Rights. These government actors must coordinate common policies, programmes and delivery with each other. Since municipalities were created in 2000, a myriad of informal channels and forums have developed to align and inform each actor of the others’ desires and needs. Five years later, the current state of intergovernmental relations is fraught with confusion and misunderstanding. The Intergovernmental Relation Framework Act (IRFA) came into effect on 15 August 2005. This Act formalizes the relations between (and within) the three spheres of government. Many of the proposed forums already exist in name or practice, or both. The IRFA’s ultimate goal is to enhance intergovernmental co-operation, which is a necessary precondition of realizing the goals of the Constitution: especially the effective delivery of basic human rights. The object of this study is to canvas the evolution of intergovernmental structures, both provincial-local and intra-local, up to the date the IRFA was enacted. By analyzing the powers and function of these forums and how they have worked in practice, we will create a comprehensive picture of intergovernmental relations in South Africa. This study will serve as a benchmark against which to measure the success of the IRFA, in particular its nascent forums and their legislated activities. The report further establishes a set of criteria to evaluate the success (or failure) of IRFA forums in achieving the goals of cooperative governance.Item Subnational constitutionalism in Ethiopia : Constitutional déjà vu(Routledge, 2021) Fessha, YonatanThis chapter provides a concise account of the nature, scope and relevance of state constitutions in Ethiopia. The major armed forces that challenged state policy were the Eritrean liberation fronts that launched armed struggle when Emperor Haile Selassie dissolved the United Nations-sponsored federation with Eritrea and incorporated the latter as one of its other deconcentrated provinces. The outcome is a federation that is composed of nine states that are by and large demarcated along ethnic lines. The federal constitution allows each state to adopt and execute its own constitution. The federal constitution, according to article 9 of the Constitution, is the supreme law of the land. Any law, including a law enacted by state governments, that is incompatible with the federal constitution is rendered ineffective. The ample constitutional space that the states inhabit promises an environment in which the state constitutions are dynamic and relevant.