During his ever first state visit to Europe, Prime Minister Dr. Abiy Ahmed told Ethiopians and foreigners of Ethiopian origin that the tasks of improving the constitution including Article 39 shall be carried out with the consent of the general public in a democratic and constitutional manner.
Article 39, which talks about the Rights of Nations, Nationalities, and Peoples of Ethiopia, in its sub article one stated that “Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.” For Addis Ababa University, Law School Associate Professor Dr. Dereje Zeleke, the FDRE Constitution, along with TPLF and EPRDF’s movement has its roots in the 1960s student revolution, Marxist Leninist movement as ‘Predetermined course of history’ to the revolution, he, therefore, says the concept of nation, nationality and people has been taken from Marxist Leninist assumption of history of social development, but stipulated in the constitution in a very vague and unrelated way.
Again he says the original concept had provided the right to the nations, nationalities and peoples in its true sense, “Not to create million sovereign states, but if their fate is repression under capitalist imperial regime , they will get seceded to end that regime, and after that they will come back for eternal union under socialist ideology,” he adds, but this is not the case of Ethiopia.
As to him, while the leadership of EPRDF is neither socialist nor communist, it is problematic to stick to socialist relic concepts out of their framework, in that the definition of the concepts in article and in Marxist theory contradicts and irreconcilable with the Ethiopia’s fact on the ground.
Entirely agreeing with Dr. Dereje’s ideas on the vagueness of the Article ,Tewodros Mebratu, who is Lecturer at Addis Ababa and Admas Universities, points out two basic questions that show the Ineffectiveness of the article 39.
Firstly, he questions the benchmark of FDRE’s constitution, there is no other constitution that grants secession as a right. The supreme goal of democratic constitution is to realize strong nation with the upholding of fundamental democratic principles. In this sense, Tewodros argues that “Giving a right to secession could not guarantee freedom, but democracy would be guaranteed, because nobody wants to be out, if his rights and interests are entertained in the national system.”
Countering both Dr Dereje and Tewodros ,University of Axum Department of History and Anthropology Lecture Girmay Halefom says the issue should not be the provision of secession as a right, because it is an unavoidable in absence of people’s right fulfillment. For him, the article is very much relevant in that it also contains other important rights to use mother tongue and freedom of expression and develop one’s own culture, with the right to self-determination up to secession.
He, therefore says: “The article guarantees the freedom of the nation’s nationalities and peoples of Ethiopia, to decide upon their destiny and it guarantees their right. The major concerns should be protecting and fulfilling their rights politically, economically and socially as well. If so I believe there is no one that wants to be seceded.”
But Tewodros, secondly questions that: “The article is not clear for whom it grants secession. Is that a Nation, Nationality or the people that can claim secession?” And also he underlines that it is not feasible to the status quo of Ethiopia.
For Dereje, the right of nation, nationalities and peoples self determination to secession is essentially a negation of the very foundation in which democracy can be exercised.
He also argues that allowing people to enjoy democracy , human rights and freedom, is possible only under a safeguarded sovereign nation system.
Girmay still argues : “Ethiopia is a country of various nations, nationalities and peoples .In other words, it is a museum of over 80 ethnic groups, therefore it is important to have such article in the constitution in its fullest sense.”
Moreover ,Tewodros noted that, the presence of such article in the constitution is one of the right by itself motivates the question of Secession, saying; “In a democratic system, there are different instruments that groups can use to influence the system or their government to be responsive to their right, than leaving the nation, thus no democratic country give the right to secession to its constituencies.” He also urges that, it should be known that the peoples of Ethiopia, in the first place they come together to create one nation and to live together.
Dr. Dereje also says when people have found secession necessary, no earthly force could stop them from being seceded. As to him, it is unjustifiable to provide secession as a right for Ethiopians and it is not necessary.
Having ethnic based federal system and premature democratic system make very survival of the nation dangerous . Therefore, Dr. Dereje and Tewodros suggest that it is better to consider the amendment of the article in line with the ongoing reform, in order to avoid permanent problematic solutions for temporary dissatisfaction.
BY YOSEF KETEMA
