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Thriving human rights vis-a-vis blooming federalism
Fekadu W.
Democracy is one of the universal core values and principles of the United Nations. Respect for human rights, fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage are essential elements of democracy. These values are embodied in the Universal Declaration of Human Rights (UDHR) and further clarified in the International Covenant on Civil and Political Rights (ICCPR) which enshrines a host of political rights and civil liberties underpinning meaningful democracies.
The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and subsequent human rights instruments covering group rights are equally essential for democracy, as they ensure an equitable distribution of wealth, and equality, equity in respect to access to civil and political rights.
The universality of human rights is constantly challenged by particular interests, for example, by states which claim the priority of their sovereignty or alleged democratic decisions over the universality of human rights or by the private sector which claims self-regulating approaches and uses this to define its sphere of influence within certain limits. These challenges are part of the political and legal dimension of human rights, and as a consequence of the moral dimension of human rights as well.
Democracy and human rights are tightly correlated. Democracy itself embraces essential roles of human rights as its fundamental frame of reference. In this regard, democratic opinion-building and decision-making processes have to respect human rights in the access to them, implementation and in their conclusions.
In the case of Ethiopia, the preamble of the Federal Constitution, which reflects the object and purpose of the Constitution and the legislative intention of the framers, begins with: We, the Nations, Nationalities and Peoples of Ethiopia: strongly committed, on full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, bringing democratic order and advancing our economic and social development.
This kind of comprehensive framing has helped the nations, nationalities and peoples of Ethiopia live together on the basis of equality, fraternity (and sorority) without any color, sex, religion or cultural discrimination
The aspirations stipulated in the preamble include the guarantee of freedom, equal rights, and self-determination of all peoples; ensuring peace and stability and hammering out sources of potential conflicts, redressing regional prejudices and safeguarding the rights of citizens through elected, accountable government, and rebuilding the country and restructuring the state.
Interestingly, laws enshrined the Ethiopian Constitution and other subordinate laws have a vested premium interest in human rights. This is manifested in their direct reference to Art. 1 of the UDHR which states that, individual human rights are respected fully and without any limitation, whatsoever.
In accordance with the aspiration of the human rights, Art. 39 stipulated in the Constitution recognize the right of Nations, Nationalities and Peoples to unconditional self-determination. It also guarantees their right to preserve their identity, culture, history and language and self-administration with fair and proper representation in the center, among others, up to the alternative of independence when the above mentioned rights are “denied’’.
One of the distinguishing characteristics of the FDRE Constitution from its predecessors is its due regard to internationally recognized human rights norms. For instance, the fundamental declaration stipulated in Art. 10 of same supreme law articulates, “Human rights and freedoms, emanating from the nature of mankind are inviolable and inalienable: Human and democratic rights of citizens and peoples shall be respected’’. One can thus, readily observe that the long lists in the catalog of the rights set out in Chapter three of the Constitution are reaffirmation of this Declaration.
Similarly, the whole of Chapter three, constituting 1/3 of the Constitution, is devoted to human rights and this is classic evidence to nation’s preoccupation with protection of human rights. In addition, expressly or implicitly, there are several illustrations in the various Articles of the Constitution that prove the significance of decreeing human rights norms; sizeable volume of the Constitution is devoted to human rights that decree equality at the Federal State and Regional level (despite challenges that may encounter any country due to profound diversity and pluralism).
Furthermore, as an indispensable instrument to help respect human rights, the mandate given to the HPR to establish a Human Rights commission and the office of the Ombudsman, and to make federal intervention in the states on the ground of rights violations, the textual fact that the policy objectives (especially the political; economic, socio-cultural and environmental ones as propounded in the Arts. 88-92) tilt toward rights protection.
These decrees of human rights envision the fulfillment of rights as subjects of continuous concern, including the need to take extra-caution for rights in the exercise of emergency (or suspension) powers of the Executive and the need for extra-care in the amendment of human rights provisions of the constitution; testifies the Constitution’s outstanding concern for human rights, thereby reinforcing the importance of rights as one of the basic principles of the contemporary constitutional order.
Human right is built significantly on the basic premise that nations cannot treat their subjects as they please. However, allegations of infringement of human rights, including the lack of due process of law, interference in the judiciary, mass imprisonment, persecuting political parties, torture and intimidation of individuals is often surfacing and propagating by foreign media outlets.
But, these mere allegations and unfounded claims are emanating from a lack of understanding of the Constitution and the manner how the nation is implementing it. Indeed, some problems are occurring due to lack of sufficiently skilled human power, finance, infrastructural organization, and lack of regular follow up by the executive and the judiciary; draw backs in the enforcement of human rights in the federal and regional states in the desired level; the actual exercise of these rights does not prosper to the desired level and it opens many fissures to doomsayers, critics and debases that so many times chided Ethiopia (still excoriating nation and playing on it ) regarding its human rights protection both in the federal and regional governments.
Despite these allegations, thanks to federalism, many who felt that they had been renounced by their birthplace are now persuaded not to renounce Ethiopia but instead joining together to form a legitimate political order for peaceful co-existence and mutual benefit. Since its implementation, federalism has served wider public aims; it enabled to respect and flourish human rights and strengthen democratic values and practices and nurture the culture of peace, the rule of law, secularism, free press, free associations and competition in the sphere of politics.
Unlike the waffling and bravado of NGOs at home and abroad, human rights law is operating with respect to such matters as free speech and conscience; the practice of religion; health care, education, and shelter; social and cultural rights, among others. It has also been invoked to fight discrimination and other disadvantages suffered by racial minorities, women, children, migrants and the disabled, among others.
Federalism is counting on as a means to thrive the future of Ethiopia, harmonized with thriving human right and nurturing cultural pluralism. Due to the implementation of workable federalism and the exercise of enjoyable human rights, the wider political community is manifesting political cohesion and solidarity stemming from freedom, equality and diversity of constituent parts. Political cohesion and solidarity resting on the autonomy and integrity of the diverse parts has, in turn, galvanized the populace into concerted action to find freedom from hunger and poverty.
The culture of democracy is budding in Ethiopia. Besides, the relationship between democracy, federalism and human rights is multifaceted. In view of this, awareness enhancing training should be continuously offered to citizens and law enforcement organs, including police force and judges; awareness booster education enables to widen the knowledge of all stakeholders, help them recognize human right laws as part and parcel of democracy and federalism and enforce them properly.
Education of human rights and federalism is a must have and not an option in today’s diverse society, where human rights and federalism enable to live in peaceful coexistence with respect to human dignity and with tolerance across the boundaries of traditions, cultures, religions, world views and opinions; where human rights empower individuals to participate in a democratic opinion-building and decision-making process and protect the rights of minorities from decisions of the majority.
The principle of human rights is the bedrock and the backbone of the political, social, cultural, economic and environmental policy objectives of Ethiopian government. The aspiration to promote human rights vis-a-vis the burgeoning of federalism is prime interest and a core value of Ethiopian Constitution. Accordingly, the nation will resolutely continue enriching both assets in a tightly integrated manner.
The Nation believes federalism and human rights are interwoven to the level one becoming non-functional without the other. In the context of Ethiopia being the melting pot of people and home of multicultural societies, federalism is the best means for accommodating diversity and human rights, without one affecting the other and bulldozing its existence. In today’s multi-national constituent states, striving to respect human rights and strengthening federalism is an everlasting assignment that surely is growing with time and the nation is striding amid this long-sought growth.
