BY ABDUREZAK MOHAMMED
The House of Federation (HoF) of the Federal Democratic Republic of Ethiopia (FDRE) is constitutionally mandated to interpret the constitution, organize the council of constitutional inquiry and pass decision in accordance with the constitution on issues relating to the rights of nations, nationalities, and peoples to self-determination.
The body is also responsible in resolving disputes among different state and determines the division of revenues derived from joint federal and state tax sources and approves the subsidies that the federal government may provide to the states.
Despite these important tasks, the House however has been criticized for failing to carry out its constitutional mandates as expected.
The responsibilities of the House of Federation are stated briefly in the Constitution of the FDRE and consolidation of the House of the Federation and the definition of its powers and responsibilities proclamation No. 251/2001, said Kidane Deyasa, law lecturer at Assosa University.
In his previous interview with The Ethiopian Herald, Kidane stated that the House is responsible to find solutions to dispute or misunderstandings that may arise between states, but it did not fulfill its responsibilities efficiently.
“As we all know, in the past years, there had been inter-state disputes at different time. But the House was not fulfilling its role properly in fining solution to the problems; Party affiliation and lack of neutrality and others are ascribable to the poor performances.”
He further noted that there is also overlapping of roles as the members of the House are also members of the council of regional states. There was also party influence. Because of this, the decisions of the members of the House were not neutral.
But the House argues that there have been some improvements over the past few years and saying various reforms are underway to build its capacity and discharge its mandates properly. The House has done a lot of work this year [2013 fiscal year], said Public Relation Director of the House of Federation Terefe Bedada. He also added that major national decisions are also made by the House.
In his interview with The Ethiopian Herald, Terefe stated that according to article 62 (9) of the Constitution of the Federal Democratic Republic of Ethiopia, the House of Federation has the power to order the federal government to intervene if any state violates the constitution and endangers the constitutional order.
He further noted that as the House of Federation is mandated to serve as the guardian of the constitution and the federal system, the House ordered the federal government to intervene into the Tigray regional state and restore the constitutional order, following the TPLF’s (Tigray People’s Liberation Front) attempt to endanger the federal system. The federal government has the duty to protect and defend the constitutional order of the country, as to him.
Interpreting vague articles of the Constitution those need explanation and are submitted to the House by the pertinent body is one of the major constitutional mandates of the House. In terms of interpreting the constitution, various works have been done in 2013 fiscal year by involving scholars and conducting series discussions, according to him.
Terefe indicated that there was no clear law in the country that regulates the way in which states interrelate with states and the federal government. “But, the proclamation was approved months ago and now the proclamation is in implementation.”
He also said that budget subsidy formula has been developed to ensure equitable distribution of wealth throughout the country. Various proclamations, rules, and regulations that need to be improved have been amended.
He further reported that the Secretariat of the House is also under reform to enable the Secretariat to discharge its constitutional responsibilities effectively. The Secretariat has also made research in collaboration with Addis Ababa University and the findings of the research will be applied soon. The study will create an institutional framework.
Regarding image building, the House has conducted many activities particularly in terms sharing experiences of Ethiopia’s federal system to countries that use the same administration system, he stated.
As to him, extensive work has been done from the federal to the lower echelons of government to ensure the participation and benefit of youth and women.
The Ethiopian Herald learnt that a draft proclamation defining the powers and functions of the House of Federation of the Federal Democratic Republic of Ethiopia is on the table of the Legal, Justice, and Democracy Affairs Standing Committee of the House of Peoples’ Representatives for inspection and is expected to be approved by the House soon.
It was learnt that the House, in its 6th year 3rd special meeting, after hot debate, referred the draft proclamation this past week to the aforesaid standing committee for further scrutiny.
Presenting the amended draft proclamation to the parliament, Speaker of the House of Peoples’ Representatives Tagesse Chaffo lately stated that the proclamation is necessary to fill implementation gaps and gaps related to the prevailing law as well as to cope up with new developments.
He also said that the amendment of the existing proclamation has become necessary to clearly stipulate and specify the fundamental powers and responsibilities of the House of Federation so that it shall successfully execute its functions.
It was also revealed that the amendment of the proclamation has become very important, whereas the execution of powers and functions of the House of Federation given to it by the Constitution contributes to guaranteeing the supremacy of the Constitution, constitutionalism, ensuring lasting peace and democracy as well as to building one economic and political community.
Members of the parliament during the session also referred a draft proclamation to amend the establishment of the Secretariat of the House of Federation to the Legal, Justice, and Democracy Affairs Standing Committee of the House of Peoples’ Representatives for further scrutiny.
The Draft Proclamation stresses the need to re-establish the Secretariat of the House of Federation so as to make the House vibrant enough to carry out the powers, duties, and responsibilities vested to it by the Constitution and enable the House Speaker to lead administrative activities of the House of Federation vested to him under Article 66(2) of the Constitution in an integrated manner.
The proclamation also explains that the amendment of the proclamation has become necessary to re-establish the Secretariat in such a way to give efficient and effective services to the House and House Speaker with a view to enable these bodies discharge their responsibilities effectively, having proper organizational structure and sufficient manpower.
The amendment of the proclamation has also become necessary to fulfill the gaps in the organization structure and operation of the Secretariat so that the House can carry out its mandates effectively, according to the draft proclamation.
The Ethiopian Herald June 27/2021
