Abstract

The issues of minority rights have been given a significant concentration in the political discourses of today. In traditional literatures and policy packages, the issues have been given a special emphasis pertaining to the protection of minority rights. Since the end of the World War II, many international instruments are adopted, declarations are domesticated; Ethiopia is a case in point. After the downfall of the Dergue; Ethiopia has ratified international human rights instrument like International Covenant on Civil and Political Right (hereafter ICCPR), International Covenant on Economic, Social, and Cultural Rights (hereafter ICESCR) and African Charter on Human and Peoples’ Right (ACHPR) . As it is determined to follow ethnic based federal system under the existing Federal Democratic Republic of Ethiopia (FDRE) constitution that acknowledges unity within diversity. On the other hand, some studies revealed that the existing legal and institutional mechanisms of accommodation have practical gaps to effectuate the intention up to the grass roots. In lieu of this, the study explores the status of minority rights in the Tigray Regional State Constitution and its practical correlates on the Irob people in Eastern Tigray, and Kunama people in Western Tigray. In doing this, it takes a sample of three Tabias from two Weredas/ District in Kunama and the whole Wereda from Irob based on a purposive sampling technique. Consequently, the result of this study indicated that constitutionally, the Tigray National Regional State (TNRS) recognizes the existence of the Irob and Kunama people at least with the establishment of their local administration. Nevertheless, this notable achievement and the actual practice are not without limitation. Hence, ensuring of self-administration for the Irob people is simply the same as the other Werdas of Tigray; they are not treated as special Wereda to exercise their right. Given that constitutional recognition of minorities is not an end by itself; it needs to be supported by appropriate legal documents with its practical correlate of sustaining it, as it deemed required. However, there is no guaranteed special consideration for the representation of Irob and Kunama people in the Regional council and other Regional governmental institutions. Finally, the study suggests that the Tigray National Regional State should open legal and institutional rooms for the protection of minority rights that enable them to enjoy their rights and play roles in the existing federal system. Key words: Ethiopia, Tigray, Federal Constitution, Regional Constitution, minority rights.

Highlights

  • Article one of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE) depicts the establishment of the Federal Democratic Republic 1 (FDRE Constitution, 1995)

  • The existence of minorities has shown the importance of federalism in contributing to shared governance in a large political unit for certain common purpose and self-governance for the various smaller constituent units of government to be directly responsible for their own electorates (Watt, 2008)

  • The study deals with the protection of minority rights under the Constitution of Tigray National Regional State

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Summary

Yohannes Mamo

The study explores the status of minority rights in Tigray Regional State Constitution and its practical relationship with the Irob people in Eastern Tigray and Kunama people in Western Tigray. The result of this study indicates that constitutionally, Tigray National Regional State (TNRS) recognizes the existence of Irob and Kunama people at least by the establishment of their local administration units.

INTRODUCTION
THEORETICAL FRAMEWORKS OF MINORITIES
Trends of minority rights protection at international level
ESSENCE AND PRACTICE OF LOCAL GOVERNMENT IN TNRS
PROTECTION OF MINORITY RIGHTS UNDER THE FDRE AND TNRS CONSTITUTION
Representation of Irob and Kunama in the regional state apparatus
The Kunamas are Nilotic people scattered in Eritrea
The revised Constitution of the TNRS established the
Rights of minorities to use their language
CONCLUSION
Findings
Legal documents
Full Text
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