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INSTITUTE OF FEDERALISM AND LEGAL STUDIES

DEPARTMENT OF FEDERALISM AND LOCAL GOVERNMENT STUDIES

Minority Right Protection in the South Nation Nationality and


Peoples Regional State the Case of ARI Ethnic Group

By Andualem Girma
ID. NO ECSU 1400295

ADVISOR: - Assistance Professor ZERIHUN YEMER

A Thesis Submitted to Institute of Federalism and Legal Studies, Ethiopian Civil


Service University, In Partial Fulfillment of The Requirements for the Award of A
Masters Degree in (MA) In Department of Federalism and Local Government Studies

MAY, 2016
ADDIS ABABA, ETHIOPIA

Declaration
I Andualem Girma, registration no ECSU 1400295, do hereby declare that this thesis is
my original work and that it has not been submitted partially or fully by any other person
for an award of degree in any other university /institution.
NAME OF PARTICIPANT: Andualem Girma

Signature
Date

This thesis has been submitted for examination with any approval as university
supervisor.
NAME OF ADVISOR: ATO ZERIHUN YEMER Signature
Date

Approval
The under signed certify that they have read and herby recommend to Ethiopian civil
service university to accept the thesis submitted by Andualem Girma entitled Minority
Right Protection in South Nation Nationality and Peoples Regional Government the
Case of ARI Ethnic Group" in partial fulfillment of the requirements for the award of
masters degree in MA.

Name of Supervisor -------------------------------------------------------

Signature

----------Date -------------Name of Internal Examiner----------------------------------------------

Signature ---------Date

---------------Name of External Examiner ------------------------------------------------Signature ---------Date


---------------Name

of

Head

of

Department

----------------------------------------------Signature

-----------

Date----------------

List of Abbreviation
SNNPR

South Nation Nationality People Region

ICCPR

International Covenant On Civil and Political Right

FDRE

Federal Democratic Republic of Ethiopia

UNESCO

United Nation Educational Scientific, Cultural Organization

UNGA

United Nations General Assembly

BOFED

Bureau of Finance Economic Development

SEPDM

South Ethiopia People Democratic Movement

CON

Council of Nationalities

HOF

House of Federation

ECSA

Ethiopian Central Statistic Agency

Glossary
BABI

Chief of Ari

Fitawrari

a traditional military title meaning Commander of the Vanguard.

GODMI

Ritual Specialist

TSOYKI

information agent

Zis

village leaders

KEISI

commander

QANSA

socially respected and from the great majority of the Ari

Mana

craft workers the lower class of Ari

RAS

Higher rank of royal titles traditionally often equivalent to the rank of

duke
4

Gita Mana

black smith

Tilla Mana

potters

Acknowledgement
Firstly, I thank God and his Mom St. Mary for guiding me through out my academic and
social life without which accomplishment of this task would have been impossible.
I would like to express me heartily and happily thanks to my, advisor Asst, Professor
Zerihun Yimer for his tangible and important comments, insightful suggestions and
feedbacks without which this thesis would not have been fruitful.
I am thankful to South Ari wereda government morally and financially supported through
the period I wrote my thesis.
Special thanks to my mom W/ro, Roman Terefe I am very grateful to your continued
encouragement in my emotional and difficult times throughout my life. I would like to
say, my wife Ealsabet Sisay who gave me encouragement in the hard moments, while you
are living under stress. I always thank God for all the blessings He gave us in our lives,
specifically for our son Ellan. I also show my gratitude towards my informants in Gazer,
Debrestehay, Jinka, Hawassa and Addis Ababa for crucial role they played in the process
of collecting the data. At last but not least, I am indebted to all our family members as
well as my friends Frish, Walye, Muste, Abdu, Mesay, Yazew, Finot, Eyobe, Bedlu,
Dems,Tagay, Omo, Girma, Gebrea, Mulatu, Ashebr, Alex, Melkamu, Ato Ashenafi, Dr
Gebrea, Ato Kaydaki, Akal, W/ro Yeshihareg, Memru, Asfaw, Tesfu, Gizachew, Manekul,
Kibran and recently forgettable friends thank You for Your constructive influence in my
life.

CHAPTER ONE
1. Introduction
This research is will be conducted on the Minority right protection in Southern Nation
Nationalities and Peoples Regional State (SNNPR) the case of Ari ethnic group. The
Federal

political

system contributes

specially to multinational

societies, for

accommodation of diversity that was intended to reduce tension or conflict by allowing


and tolerating difference. In addition, the federal system of government allows sub
national and local governments to be flexible and innovation, to conduct experiments for
better democratic performances.
These system refers to the advocacy of multi tiered government combining unity and
diversity, accommodating, preserving and promoting distinct identities with in a larger
political union. R.Watts (1991)1 so that it gives groups the chance to administer them
selves and decide up on their own matters. It allows the minority groups to participate in
decision making process in both levels of government federalism paves the way for unity
to exist with in diversity.
Almost all States have one or more minority groups within their national territories,
groups distinguished by their own ethnic, linguistic, or religious identity that differs from
that of the majority population. Harmonious relations among minorities and between
minorities and majorities, as well as respect for each groups identity, are a great asset to
society. The term minority does not have a clear cut and fixed definition .it is defined by
many legal and sociological scholars and also in many international human rights
instruments.

1Watts,Ronald, New Federations Experiments in the Commonwealth, 1966

Blacks law dictionary defined the term as the smaller number of votes of a deliberation
assembly; opposed to majority; in context of constituents guarantee of equal protection
minority does not have merely numerical denotation but, refers to identifiable and
specially disadvantaged group.2
Ethiopia is a multi ethnic federal country that adopted federal system to accommodate
various ethno linguistic groups that exist in a country. Currently out of 85 ethno linguistic
groups that exist in a country. Currently out of 85 ethno linguistic group the 56 ethnic
groups lived in South nation, nationality and peoples regional state the region have 14
nationality zones and 4special weredas .
One of this is the South Omo zone, South Omo zone, located on the southern most border
of the country; it is the remotest not only in the country but also in the region (SNNPRS).
South Omo zone is the least studied area with 16 indigenous ethnic group and745,717
total populations however, they have not deliberately a power sharing in the regional
executive organ the practice is very contradict with the Federalism principle. The capital
of the zone was Jinka, is 750 km away from Addis Ababa. Distances are long and road
communication in the zone is extremely difficult, particularly during the rainy season
when riverbanks are over flowing, earth roads are impassable and bridges are submerged
or washed away. This is an area of tremendous diversity, with 16 different ethnic groups
(Arbore, Ari, Bacha, Benna, Beraile, Bodi, Dassenech, Dime, Gnangatom, Hamar, Kara,
Malle, Muguji, Mursi, Murule&Tsemay), who are primarily nomadic and semi nomadic
pastoralists. South Ari district-This is one of the 8 districts in South Omo Zone. It is the
nearest to the capital of the zone, Jinka. Capital of the woreda, Gazer, is 17 km away from
Jinka. The district has a total of 50 kebeles, and a total population of 246,579. The
distance of these kebeles from Jinka town ranges from 4 to 83 kms, with an average
distance of 37kms. Of all kebeles, only 24 (48%) are accessible by car using dry weather
roads. The other district was North Ari capital of the wereda was Gelila is 82 Km away
from Jinka with difficulty of transportation road and a total population of 87,028 In this
two woredas, there is one indigenous ethnic community called Ari with its own language
and culture. All the communities are settled farmers. , Ari is the majority of the zone
Birayle&Koygu is endanger in number.

The research mainly focused on the Ari ethnic group they lived in Debub and Semen Ari
weredas and in some Kebeles of Malea & Benatsemay weredas in south Omo zone. They
lived Out of South Omo zone in Ubadebretsehay, Gezeagofa, Gofazuria and Oydawereda
in Gamogofa zone.
2. Back ground of the Study
Federal political system contributes for the accommodation of diversity,
specially in multinational societies, that helps to reduce tension or conflict by
tolerating difference.
More over, the federal system of government allows the local governments to be flexible
and innovative and to conduct experiments for better democratic practices.
Federal system also refers to the advocacy of multi tiered government combining
unity and diversity, accommodating, preserving and promoting distinct identities with
in a larger political unit. (R.Watts, 1991)
So that it gives the groups the chance to administer themselves and give decisions on
matters affecting them.
It allows the minority groups to participate in decision making process at both levels
of governments.
3. Statement of the problem
In recent time, the issue of minorities representation in public and governmental
institution has become one of many serious Challenges in multi ethno-national, multi
ethnic linguistic and multi religious countries of the world. To alleviate these problems
many countries have designed various mechanisms that can be accommodation
minorities quest of recognition, equality and representation. Ethiopia is one of the multi
ethno national countries .however, most of its nations, nationalities and peoples had been
under extreme oppression and exclusion for a long period of time.
One of these the Ari ethnic also the disadvantaged and the least studied group they are the
victim of slavery during monarchial period and a bad relation with the Dergue
government.

Scholars such as Ernesta Cerulli(1956),3 Donald Levine (1974),4Harold

Fleming

(1973,1976), have little to say about Ari in their works. In addition, some of these studies
were primarily linguistic in nature. Massyoshi Shigeta wrote his Ph.D. dissertation and
published a couple of articles on enset cultivation practices of the Ari(Shigeta
1990;91)6,Alexander

Nati

wrote his Ph.D. dissertation and his known articles

MEMORY& THE HUMILATION OF MEN THE REVOLUTION IN Ari he wrote about


the relationship of the Ari and the monarchial and the Dergue regime. 7The known scholar
of Ari Dr.GebreYintiso wrote his M.A dissertation in social anthropology. Ari in south
western Ethiopia.8 He discussed the socio economy of the Ari. All of the above scholars
studied around Sida and Layda area. But, the Ari lived in nine different territorial
chiefdoms and they are not touch the Ari political and Democratic right. But, the
researcher shows the theoretical and conceptual framework of minority, diversity,
federalism, democracy, self-determination and local self government. As shall be
discussed in detail in the thesis the political system, societal governmental relation,
democracy and political right of the Ari with national and international perspective,
settlement, the relationship of different clans of Ari, power sharing and representation of
the Ari in the regional executive organs detailed discussed in the thesis.
4. The research has General Objectives

3Cerulli, Ernesta. 1956. Peoples of Southwest Ethiopia and Its Borderland. London: International

African Institute

4 Levine, D.N.1974. Greater Ethiopia.Chicago; university of Chicago.


5 Fleming,H.C.1973.Recent Research in Omotic Spesking Areas, in Proceeding of the First
United States Conference on Ethiopian Studies, H, Marcus(ed),pp.231-271.East Lansing; African
studies center, Michigan state university
6Shigeta, M.1990. Folk in-Situ conservation of Enset; towards the interpretation of indigenous
Agricultural science of the Ari, South west Ethiopia. African study Monographs,10(3) Kiyoto
7Remapping Ethiopia and after socialism Wendy James,
8Gebre Yintiso,1995 The Ari of South Western Ethiopia an Exploratory of Production Practices
Addis Ababa university press.

4.1Generalobjective
The overall objectives of the study is to examine the legal and practical
protection and prospects in insuring the Ari ethnic rights to represent in
the south nation ,nationality and peoples regional states institutions.
4.2 Specific objectives
To show representation of indigenous minority at the regional level institutions,
To examine aspects of intra ethnic and inter ethnic relationships.

To examine the socio-economic and political problems of the Ari ethnic group
To discover the possible institutions and legislations that safe guard the autonomy
and empowerment of the Ari people within the regional state.

5. Research Question

What are the challenges that Ari ethnic faced to ensure their right to representation
and active participation in the regional institutions i.e. in the legislature, executive,
civil service organization and constitutional interpretation commission?

What are the root causes of inequality of power sharing in the regional level?

How the existing power sharing inequality does affects the development?

To what extent leaders involves improving their representation in the regional level.

6. Significance of the study


Besides the academic endeavor, the study is expected to serve the following practical
purposes.
1. This study expected to brought improvements in the power sharing in different
ethnic groups in SNNPR in general and in Ari ethnic group in particular.
2. The study provides feedbacks to the regional and local level executives,
legislatives, and judiciary organs regarding power sharing.
3. The study also used as benchmark for further study in similar area of
investigation.
Most developing countries plagued by all sorts of problems, such as absence of good
governance, in equality between ethnic groups, the quest of autonomy etc. . .In fact the
research focused on understanding about the Ari ethnic way of life and the power sharing
in the Regional executives.
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7. Research Methodology
Source of data
To conduct this research both secondary and primary data sources were
used. As such, relevant legal literatures, books, articles and journals were
used so as to conceptualize and to analyze the issues associated with
mechanisms of internal minorities protection.
Other legal documents such as international instruments, the FDRE Constitution,
the Constitution of Regional State of the South nation, nationality and peoples.
interviews and personal observations were the primary sources employed so as to
determine whether there was harmony or otherwise between the legal protections
envisaged and the practice.
Accordingly the researcher used qualitative research approach to conduct the
study.
Purposive sampling technique was employed to gather data from the
respondents.
Data were collected the employees and officials of different weredas that
the Ari they lived. from the South Omo zone officials, South nation
nationality and people region Civil Service bureau, Member of Parliament,
higher federal government official.

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CHAPTER TWO
The Conceptual and Theoretical Framework

2. Definition and type of minorities


2.1. Definition of minority
The existing international as well as domestic mechanisms are insufficient to look after
the right of minorities. The problem is to a certain extent emanating from the
characterization of minorities. As a result at present there is no conventional and
compulsory definition across the world for the term minority even through plentiful
attempts has been made to define it. The expression of minority right embodies two
separate concepts: the normal individual rights as functional to members of racial
accorded to minority groups. Linguistic or sexual minorities and the subsequent
combined right of anyone who is not part of a majority decision.(wikipidia,at
http://en.wikipidia.org)9 Lack of a clear definition implies that there are groups deprived
of minority status and as such states often can close the eyes to their problem.
When we attempt to define the term we come across the notion of the term to represent
generally group within a society that are characterized as having lower social status
possessing less power and prestige and exercising fewer rights than the dominant groups
of a society.10(Encyclopedia Americana volu19, p, 207) Various international documents
have tries to define the term minority. This trend began following the end of the Second
World War with the evolution of human right norms as well as the recognition of
individual human rights. To this effect the preamble to the UN charter has proclaimed
faith in fundamental human rights in the dignity and worth of human persons in the right
of men and women11(preamble of charter of UN). But this has not been clearly described
as the right of minority groups.
9 Accessed (wikipidia,at http://en.wikipidia.org
10encyclopedia Americana volu19,p,207)

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Later in 1966 the international covenant on civil and political rights (ICCPR) included
article 27 which related to persons are belonging to (ethnic, religious or linguistic
minorities.12(General assembly of ICCPR1966)But did not define the term minority.it also
stipulates that in those states in which ethnic religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right in community with the
other members of their groups to enjoy their own culture to profess their own religious or
to use their own language but it had not defined what the term minorities.
The term minority is also contingent up on place time rights or interests asserted and
relation with the majority in turn creates a problem to have universally accepted and
binding definition. However it is possible to mention some definitions that may serve as
indicates of whom minorities are. Among them the most widely accepted definition of
minority appears to be that proposed by Capotorti. He defines that a minority is a
groups numerically inferior to the rest of the population of a state in a non dominant
position, whose members being nationals of the state possess ethnic religious or
linguistic characteristics differing from those of the rest of the population and show if
only implicitly a sense of solidarity, directed towards preserving their culture, traditions,
religions or language13
This is the first valuable description that was provided by UN special reporter Francesco
Caportorti and has indisputably contributed to clarifying the problem of what criteria are
used to define a minority. Although these elements constitute important components to
characterize the term minority, it is not without shortcoming. To mention as an instance
one among the objective elements which are included in the definition of Capotorti is
numerical criterion.
Most federal systems have no clear minority rights protection regime under their
constitution. Under Ethiopian constitution rather than minorities proper, only the
nations, nationalities, and peoples (FDRE const, art39)14 of Ethiopia may be determined
11 UN charter
12General assembly of ICCPR1966
13Capotorti, F., Minorities, Encyclopedia of Public International Law, 1983.
14FDRE const, 1995

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as minorities. Such nation nationalities and peoples of Ethiopia are those groups of people
who satisfy two requirements under the constitution, those having common culture,
language, or religion and constituting identifiable territory under Art39 of FDRE
constitution. From the above discussion, it follows that there is a need for some definition
which is universally accepted to prevent abuse against minorities by the states. The
difficulty then is the nature of the problem to be addressed i.e. the issue of diversity, is
complex because it differs from country to country. Because of this problem that the
ICCPR while recognizing rights of minorities fails at the same time to define who
minorities are. Although it is true that many minority groups are indeed smaller than
those that dominant them, these are countless case throughout history of smaller groups
whose superior

weapons, cultural skill or more efficient organization enable to

manipulate and over power large groups(supra note at6,207). 15 In this scenario it is
possible to mention as an instance the history of South Africa that was occurred during
the apartheid period. Nonetheless, the numerical element also raises some other difficult
question. For example how much persons should be considered as a minority and eligible
to claim minority rights. However, some scholars suggested adopting a pragmatic
approach in this respect. (Kristin Henrard)16
Even though there is forwarding range of critiques this definition has been also attempted
to shed light on the difficulties of what criteria make up a minority.
Asbjorne Edie is also another scholar who tried to define the term minority. He defines
it as any group of person residing within a sovereign state which constitutes less than
half of the population of the national society

and whose members share common

characteristics of an ethic, religious or linguistic nature that distinguish them from the
rest of population(AberaDegefa 2008,27)17.

15supra note at6,207


16Kristin Hernard, Devising an Adequate System of Minority Protection: Individual Human
Rights,Minority Rights and the Right to Self-Determination, MartinusNijhoff, The Hague/Boston/London
2002,p.1

17Dagafa, Aberra, The Scope of Rights of National Minorities under the Constitution of Federal
Democratic Republic of Ethiopia, Series on Ethiopian Constitutional Law, Vol. 1,Addis AAU
Printing Press, Ababa University,2000.

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Eidess definition seems much broader than those given by caportorti and Deschenes as it
excludes the requirements of a desire for equality or for preservation of culture.
To sum up, Caportorti mainly focuses on two basic criteria that are the numerical
inferiority and political as well as economic non- dominancy of the group. Deschenes
criteria are also to some extent similar with Capotorti, but he added as an element that the
factor of quality in fact and in law. Eides approach in providing the definition of minority
is understandable and simple that is a people which account less than half of the
population of the national society.

2.2. Typology of minorities


There is no simple definitive typology of forms of ethno cultural diversity (Will
Kymilka and Wayne Norman 2000, 18)18. As an outcome in variety of literatures, scholars
categorize minorities in to different classifications. Along with other some are
characterize as an ethnic minorities, religious minorities, linguistic minorities national
minorities indigenous people and non nationals. Correspondingly, other also
acknowledged on the basses of race religion, nationality, and nation state nativity and
language. However there are some significant ways of distinguishing kinds of groups that
clarify our understanding of the political stakes in a great number of culturally diverse
states19 (ibid). Hence will kymlicka and Wayne normal provide that the subsequent list as
a rough and groundwork typology of minority groups, focusing on the sorts of ethno
cultural communities?
These are within national minorities stateless nations 20(ibid) and indigenous people
under the immigration minorities group with citizenship or have a right to become
citizens, immigrants without right of citizenship and refugees. Furthermore they provide
another category of minorities that within the religious groups isolationist and non
isolationist as well as under the sui generis groups the Africa Americans Roma (gypsies),
and the Russians in former soviet states. By and large, will kymlicka classified those
minority groups within four categories and ten sub categories. So as to put the appropriate
18Will Kymilka and Wayne Norman citizenship in culturally diverse societies; issues, context
and concepts, New york oxford press 2000,18
19 ibid
20 ibid

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categorization of the Ari people as a minority groups let us try to glance at these
descriptions.
a) Religious minority groups: it is another important ethnic type of dominant minority
relations in various society throughout history21

religious minority within the

meaning of the UN law refers to a group of persons who manifest profess religious
thoughts which differ from a state religion differs from the religion manifested by the
majority of a people which is in opposition to an atheistic behavior of the majority of
a population in particular if there is no complete freedom of religious tolerance in a
given country and if the members of the religious group want to uphold their
religion22. this has been true whether the groups are considered on the broad basis of
faith such as Christian, Muslim, and Hindu on the denominational suborders of faith
such as Roman Catholic

protestant and Eastern Orthodox or on the sectarian

refinements of denomination such as the innumerable varieties of protestant even


though the Ari people may not fall under such category the religious minority group
can be mentioned as one kind of

minority group. Regarding the non-isolationist

religious much more common are religious communities whose faith differs from
either the religion of the majority or the secular beliefs of the larger society and state
institutions.23 However this may not be pertinent directly to the issue hand rather it
facilitates the understanding of such sorting.
b) Linguistic minority groups: Language or mother tongue refers to the principal
language spoken in the home at the time of ones birth. 24in general a linguistic
minority is referred to as a group whose persons use a language in writing and or
orally in private and in public which differs from the use of the language in a given
territory and which is not considered the national language the aim of this group is
directed towards upholding and taking care of this language.(Assefa Fiseha 2006,83) 25
Conversely the Ari people are not merely identified by looking at their language As a
result it may not be possible to categorize them simply as linguistic minority.
21Supra note at 6,208
22Suprra note 12,26
23 ibid
24 Supra note 13,36

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c) National minority and Ethnic minority

Various scholars have used the terms

national minorities and ethnic minorities but have failed to define it There is often a
problem in defining concepts like ethnic identity ethnicity nationality and
nationalism.26 Like all other lack of clarity and authors as well as practioners have
used the min many different ways.27 it is striking to observe this fact not only at global
level but also in Ethiopian context nationality is a tribalistic group or a coalition of
tribes it has a sense of common historical origins and frequently develops a sense of
common destiny They also are sharing a number of cultural traits and intuitions
such as dress food and family patterns.
Aberra Dagafa stated that ethnic minority is a group having its own language culture or
history.28 whereas Ethnicity is a state of mind emanating from a feeling of separate
identity which in turn is based on shared cultural markers culture religion etc. nut more
importantly on the myth of common descent29 it is important to point out that the myth
of common descent is an essential characteristic of an ethnic group or ethnicity 30 more
over Assefa explained that the myth of common descent serves as a basis or in the
opposite case to include people who share the common decent but not the culture.
Nation on the other hand is more inclusive as it is supposed to be culturally or politically
defined.31Ethnic distinction may be readily discerned by an outsider observer due to
some form of cultural stuff32.Assefa stated as these markers move be yond with the
25AssefaFisehafederalism and the accommodation of diversity in Ethiopia.A
comparative study. Nijmegen/Netherlands; Wolf legal publisher 2006,83
26 ibid
27 ibid
28 Supra note 13,34
29 Supra note25,84
30 ibid
31ibid
32 ibid

17

group awareness of distinctiveness and these markers move beyond a mere means of
social distinction and became a basis from political mobilization ethnic distinctions are
transferred into ethnicity He as well provides as they are content to be called minorities if
their aspersions do not extend beyond special linguistic educational or regional autonomy.
On the other hand the distinction between the nation and the ethnic group is not all times
understandable Ethnicity generally refers to political expression of mobilized
collectivities seeking equity expressed in one way or another while nationalism basically
refers to a demand for independent statehood (Merara Gudina 2003, 30) 33 put differently
the consciousness of as ethnic group can transform from ethnicity to nationalism when
the group is led to demand the creation of a state of its own 34. Assefa also described that
when the political leaders of an ethnic group make demand to that effect the ethnic
movement by definition becomes a nationalist movement There and then ethnicity and
nationalism could mean one and the same thing 35 as it has been attempted to be elaborated
at the end of this sub-section more probable the Ari people are likely within the category
of the ethnic minority.
d) Indigenous people : Regarding the indigenous people to be considered as of minority
group Asbjorn Eide36 stipulated the following criteria They are descendants of a
people which lived in the region prior to the arrival of settlers coming in from the
outside settlers who since have become the dominant population. As an outcome they
have maintained a culture that is different in significant respects from that of the
dominant society when we attempt to examine them as a group they are in a lower
position within a given Country or Regional State in political as Well as economic
aspects However at least constitutionally there is no such categorization of minority
groups in Ethiopia.
e) Immigrant minorities Immigrant minorities are stipulated through the decision of
individuals and families to leave their original homeland and emigrate to another
33Merara Gudina Ethiopia competing ethnic nationalism and the quest for
democracy 1960-2000 Addis Ababa; chamber printing house 2003
34 ibid
35 Supra note25,84
36Supra note 13,39

18

society often leaving their friends and relatives behind 37 This decision is typically
made for economic reasons although sometimes also for political reasons to move to
a free or more democratic country Under this immigrant minority group there are
also sub divisions called immigrant minority with citizenship or have a right to
become citizens and immigrants without citizenship as well as immigrant minorities
that considered as refugees.
According to Will Kymilcka the characteristics of immigrants without rights of
citizenship refers to those migrants who are never given opportunity to become citizens
either because they entered the country illegally or because they entered as students or
guest workers but were stayed their initial visas He also described those immigrants who
are with citizenship or

who have rights to become citizens that arrive under an

immigration policy which gives them the right to become citizens after a relatively short
period of time most of a time subject to minimal conditions in many parts of the world
most of the migrants today are refugees seeking asylum rather than voluntary immigrants
admitted under an immigration yet this may not be applicable straightforwardly to the
concern at hand rather it perceptive of such taxonomy.
f) Foreign born minority ; In some literatures they are also considering the so called
foreign born minorities This kind of minority appears in relation to the term
nativity is especially important in an immigrant receiving society such as the united
states As a result of the connection between early arrived and high status on the one
hand and between late arrived and low status on the other the lowest the other the
lowest nativity status in Americans of society is occupied by the foreign born of
first generation Native born Americans of foreign-born parents or of parents of
mixed nativity are commonly referred to as the second generation The African
Americans are not only because they were brought to America involuntarily as
slaves but also because they were prevented rather than encouraged from integrating
into the institutions of the majority culture
g) Non-

national minorities;

some authors also mention the non national

minorities as another classification of migrant workers refugees Non- nationals may


consist of a number of categories including migrant workers refugees and stateless
person Despite the

migrants and refugees which they are the majority a state

37Supra note 15,20

19

literally to call their own - exist in all parts of the world They find themselves
sharing states that are provided

by Capotori and Deschenes

non nationals

excluded from such minority category sui generis groups; Will Kymlika and Wayne
Norman also categorized a different group of minority

called Sui generis groups

Regarding This type of category of minority they mentioned as an instance that the
African Americans Roma gypsies and Russia in the former Soviet States They have
been stated that as any reference book on ethnic conflict makes it clear there are a
number of ethno cultural groups in the world that do not fit comfortably.
h) . Racial minority groups ;Another classification of minority group is called racial
minorities even though there is a controversy in its existence Actually physical
anthropological lines have been unable to discern clearly distinguishable races along
hereditary and biological lines38 nor have scientist been able to prove that cause-andeffect relationship exists between color head shape and other the racial traits on the
one hand and personality and culture on the other 39. (However, the American Social
psychologist W.I Thomas declared if people define situations as real they

real in

their Consequences40 Social races indeed real even if biological race not.
Having in mind the above typology of minority groups it is time to look at the type o
minority groups the Ari people can be as such simple task to put a given

minority

group into its proper classification There is often a Problem in classifying the type of
minorities due to the existence of complexity of relation among minorities. Specific
ethnic group can and indeed do have ambivalent social relation with each other 41.They
can be allied racially but separated from each other in religion and nationality, as in the
case of many English Protestants and Irish Catholics. Or they may be similar in religious
identity and status but different in race and nationally as its is illustrated Arab and east
African Muslims. Again people may share the same nationally but different in race and
religious affiliation42.
38Supra note 6,208
39 ibid
40 ibid
41 ibid

20

2.3 Core rights of Minority group


Minority people as groups are entitled to various rights to preserve their peculiar identify
such as linguistic, cultural and religious rights. Si in brief, the major groups rights
minority people may claim to recognize and preserve are discussed below:

2.3.1The Right to Equality


The right to equality is needed in multi-ethnic state so as to distribute ethno-nation justice
among ethnic groups beside among individuals. The FDRE Constitution assumes an
obligation to respect and promote the right of citizens and nations and rule of law.
(preamble,art25,art39 of FRDE)43Ethiopia has also ratified international instruments such
as ICCPR which bans unfounded discrimination on the basis of race, colors, language,
religion, national and social origin, birth and other status.(Art11 of ICCPR)

44

Each

minority group enjoys necessary support and protection, including positive measures of
the state from which national minorities should benefit. This does not necessarily mean
identical treatment or every differentiation in treatment constituted discrimination, rather
it means treating those who are relatively in the same position in similar manner and treat
those on different position differently. In the provision of the FDRE Constitution which
deals with equality, that this right is given to for groups. However, if the rights to equality
of individuals who are members of minority groups are protected, we can say that the
minority groups are at equal footing with the majority. Even though the protection of
minorities is inspired by the principle of equality, it requires state to take positive
measures to create favorable conditions to make minorities express their characteristics
and to develop their culture, language, religion, traditions and customs.
2.3.2 The language right
Among the most crucial affairs that need special care in multi-ethnic state is language and
policy are mentioned first since unity should be preserved without compromising
diversity. There must be a communication and mutual understanding among the linguistic
groups by having at least one common language depending on the countrys economic,
42 ibid
43 FDRE constitution
44 ICCPR

21

social, cultural & political past, present realities and future aspiration. Linguistic rights
are part of fundamental rights, which constitute essential elements in the set for juts
enjoyment of ones civil, political, economic ,Linguistics community can only survive for
generations if and only if they are officially practiced within a particular territory, and if
their language is the language of opportunity in that territory(Will kymilka 2001,79) 45.
However, it is challenging to sustain such predominant status for a minority language,
particularly if newcomers to the minorities territories are able to be employed and work
in the majority language. In addition to its essential marking of identify, language serves
as depository of identity, culture, history and other traditions in effect of their identify that
is considered to be a precious resource (Aberra Degefa 2008, 56) 46. Therefore, language
expresses feelings, thoughts and other experiences and is thus intimately linked to the
distinct life process of particular groups which is broadly embodied in culture as culture
is embodied in language. (Assefa Fiseha 2010, 194)47 So, language is a key symbol for
ones group for self-expression, self-maintenance and self-determination.
2.3.4 The culture right
The convention on the protection and promotion of diverse cultural expression explained
the cultural diversity as one of the defining characteristics if humanity and knowledge the
cultural diversity among state and within state encourage different views on the
protection of ethnic groups. Accordingly, it clearly states cultural diversity can be
protected and promoted only if human rights and fundamental freedoms, such as freedom
of expression, information and communication, and the ability of individual to choose
cultural expressions are guaranteed (art1, UNESCO 2005).48 The promotion of minority
involves their culture that requires recognition and legal protection as the article 27 of the
45Kymilcka, Will (2001) Politics In the Vernacular; Nationalism,
Multiculturalism and citizen ship. USA; Oxford University press
46Degefa Aberra (2008) The scope right of National Minorities under the
Constitution of the FDRE A series on Ethiopia Constitutional Law Vol,1, Addis
Ababa University Press,P.56
47Assefa Fiseha (2010) Federalism and Accommodation of Diversity in
Ethiopia A Comparative Study (3rd edition). Nijmegen, Eclipse press
48 Art 1, of the UNESCO (2005) Convention on Protection and Proclamation
of Divers Cultural Expression of 20 October 2005.

22

ICCPR entitles them to the recognition and protection of their rights to enjoy their own
culture in community with other members of the country.

2.4 The Protection of Minorities under the Existing International law


Art.27 of the ICCPR provides that persons belonging to a minority shall not be denied
the right, in community with the other members of their group, to enjoy their own culture,
to profess and practice their own religion or to use their own language. (ICCPR UNGA
Resolution 2200 December1966, Art.27).49 In multi-ethnic states the spirit of Art.27 can
be construed as accommodation of diversity without endangering national integrity
designing system in which forces of involuntary assimilation offset secessionist
sentiment. In fact, this provision encourages voluntary assimilation. But, the minority
phenomena are so diverse and complex. One author clearly stated that it is difficult to
recommend one representative and universally applicable protection scheme though
based on internationally accepted principles such as equality and non-discrimination
minorities are entitled to same rights with majorities. (Welhegama 2000- 156)
50

Dispersed minority groups the numbers of which are reasonably representative should

exercise their culture, language, tradition both at public and private affairs. Moreover, the
right to existence is the founding brick of rights of minorities as the existence of other
rights is necessary only when the group exists. Even the right to retain distinct identity
presupposes the right to existence so that the later constitutes the supreme right in the
hierarchy of rights of human beings be it individual and group right (Aberra Degefa
2000-54)51. Distinct identities of minorities such as linguistic, religious and cultural
identities can be a point of concern when the right to physical existence and preserve
separate they need guaranteed representation and power sharing in the socio-political
affairs.

49Art 27 of the International Covenant on Civil and Political Rights


(ICCPR),UNGA Resolution 2200 A(XX) of December 1966
50Welhegama,Gnanapala, Minorities' Claims: From Autonomy
toSecession,Ashgete,Aldershot,2000

51Dagafa, Aberra, The Scope of Rights of National Minorities under the


Constitution of Federal Democratic Republic of Ethiopia, Series on Ethiopian
Constitutional Law, Vol. 1,Addis AAU Printing Press, AbabaUniversity,2000 .

23

2.5 General Overview of Minority Groups under FDRE Constitution


The FDRE Constitution is unique in granting, theoretically, to all nations regardless of
their numerical size and political self consciousness to exercise the right to selfgovernment.
In practice, there are various models applied in sense that while some nations managed to
establish their own home land regions others have established sub regional Autonomy by
establishing their own separate Zone or Woreda. There are also ethnic groups who do not
have either regional, Zonal or Woreda level autonomy. Despite the vertical division of
power between the federal government and the units there are group of scholars arguing
that the expenditure needs of units is by far smaller than their revenue sources since most
of the lucrative sources of revenue are almost totally reserve to the federal government.
The FDRE Constitution has given ethno-national justice to those nationalities which were
The victims of national operation. Therefore, their existence, the right to difference,
participation and political power sharing as a group is invisible. In the next sections
minority rights under FDRE Constitution are briefly analyzed in a comparative
perspective. As it has been already dealt with all minority groups claim become
meaningless unless their physical, moral and cultural existence have got constitutional
protection. The right to existence both as an individual and as a group is a building brick
for every right to be claimed. That is why a number of authors consider the right to
existence as the supreme human right. As provided in ICCPR Art6 (1&2) 52 and the FDRE
art 14&15. Constitution the right to life is inviolable and inalienable. Physical or moral
extermination of minority groups are treated criminal acts under international law.
The right to equality is needed in multi-ethnic state so as to distribute ethno-national
justice among ethnic groups beside among individuals. The FDRE Constitution assumes
an obligation to respect and promote the right of citizens and nations and rule of law.
( Art,25 and 39 of FDRE Constitution)53.Ethiopia has also ratified international
instruments such as ICCPR which bans unfounded discrimination on the basis of race,

52 Art6 of ICCPR
53 FDRE constitution

24

colors, language, religion, national and social origin, birth and other status.(Art 14 of
ICCPR)54 can be seen either from the angle of substantial or formal or both.
Self-determination is one of the most important rights of oppressed population groups
because of its multi-faces. It can be seen at the same time from political, economic, social
and cultural rights. The FDRE Constitution conferring the right to self-determination on
nations, can be understood as the right to autonomy (self government), the right to speak
their own language preserve their own culture, history, identity and to separate
institutions.(Art39&52 of FDRE )55.
The right to self-government as an element of the right to self-determination exists for all
nations, the makers of the FDRE Constitution (Art39 of FDRE) 56. It is limited selfdetermination in areas of political and economic affairs at sub-governmental level. Each
nation of Ethiopia has the right to full measure of self-government which consists of the
right to establish institutions of government in territory they inhabit and equitable
representation at both federal and state government level.(Art39(3)&(47-2)57. The FDRE
Constitution is unique in granting, theoretically, to all nations regardless of their
numerical size and political self consciousness to exercise the right to self-government. In
practice, there are various models applied in sense that while some nations managed to
establish their own home land regions others have established sub regional Autonomy by
establishing their own separate Zone or Woreda. The Ari ethnic group is the majority of
the zone they settled in different weredas but other ethnic groups less than Ari they have
Special wereda, special wereda is equal with zone administration in south nation
nationality region. Despite the vertical division of power between the federal government
and the units there are group of scholars arguing that the expenditure needs of units is by
far smaller than their revenue sources since most of the lucrative sources of revenue are
almost totally reserve to the federal government.

54 ICCPR art14
55 FDRE constitution
56 ibid
57 ibid

25

2.6 Mechanisms of minoritys protection in the Federation


In a federal political system, especially in multi-cultural/ethnic based federation, it is
viable to develop different mechanisms that have a capacity to reduce the gap between
ethnic groups or majority tyranny over the minority. This goal would be achieved through
the incorporation of minority groups into the national polity by creating an institutional
framework for the cooperation of ethnic groups at the federal level and leads to large
interethnic solidarity and affinity for the federal state 58. The most common technique here
is the guaranteed representation of the diverse ethnic groups in second chamber of the
regional and federal parliament, in the regard59. The representation of minority ethnic
group at different administrative hierarchy may bear life when it is combined with a
certain minority veto (minorities are provided special right or certain veto to decide their
interest). Beyond these federations may employ so many mechanisms to ensure the
enjoyment of minority rights without threatening majority rights. Among these some of
the crucial are briefly discussed s follows.
2.7. Granting territorial autonomy
Borders of existing regional state could be adjusted or new regional states or long
governments would be creating for ethnic groups that do not have their own territory
administration, yet. For instance, in Switzerland, the creation of a new canton Jura in
1975 the split of canton Bern was a typical example. In India too, the establishment of
new state has been used to achieve better overlap between ethnic group and territory 60.
This basic addresses the concerns of the indigenous groups by providing them self-rule
autonomic their own territory where they had been settled and the then; it only has
meaning actually exercised independently without unnecessary interferences in this
technique marking identities simultaneously.

58Christophe Vanderbeiken 2012, Unity in Diversity. Federalism as a


Mechanism to Accommodate Ethnic Diversity; the Case of Ethiopia, P.48
59 ibid
60Johanne Poirere (2008) subtheme paper; autonomy and diversity in
R.L.WATTS and R CHATTOPADHEYA eds unity in diversity-learning from each
other vol.1 Building on and Accommodating diversities, forum of
federation,viva book(37)44

26

The Ethiopian federation to some extent (at the beginning) was attempted to employ this
mechanism, although any new states are not organized yet as well as there is a wide gap
between constitutional provisions and actual practice. In the southern regional state case,
particularly the establishment of ethnic based zone or special Woreda administration
structure is interesting practices, though the actual practice of its autonomy is not such
visible except a few cases like Silite ethnic group.
2.8 Granting non-territorial (cultural autonomy)
This mechanism is based on a dissociation of autonomy and territory if it is not possible
to change existing borders or to create new territorial entities, ethnic minorities could be
granted a form of non-territorial or cultural autonomy.61 So, in areas where indigenous
ethnic groups are found to be territorially dispersed, different administrative hierarchy
should employ the notion of person based federalism or a non-territorial form of cultural
autonomy. Cultural and linguistic autonomy can be sought to these identities found
territorially dispersed, including those members of the homeland minority who have
moved elsewhere in the country, without necessarily taking a territorial autonomy in the
form of zones or woredas.62 Its aim is to strengthen the identity of a minority based on
language and culture. The claim is it supports political stability by providing nondominant groups with a mechanism that enables them to minimize the effects of their
position in the large society63. Here, the respective minority groups are empowered to
protect and practice their identities wherever they live including a territorial autonomy
while they may exercise it in their homeland. Minorities frequently find democratic
majority rule process to be extremely threatening. The danger is that majority will simply
use its power and then taken a way the rights of the majority.64 Minority rights are not
well addressed even the current minority protection schemes. The existence of a federal
61 ibid
62Yash Ghai,2002;cited in Assefa Fisseha 2012 Ethiopian experiment in
accommodating diversity;20years Balance sheet regional and federal
studies,p,457
63 See Assefa Fiseha 2012 ,p,457
64Accessed on January 10,2016 (http://WWW.colorado. Edu
conflict/peace/treatment).

27

system is more suitable to accommodate minorities in the political atmosphere there by to


ensure respect of identities. But, the mere fact that there is a federal system doesnt mean
that minority rights are properly recognized and protected. Here, it has to be noted that
minority rights protection is not about equal political participation between persons
belonging to the minority and the majority.it rather is a right in addition to equality and
other human rights (Human right general committee 23, art27, 1994) 65, and it is about
preservation of identity of the minority group.
Minority right protection cannot be realized easily unless the minority group is provided
with participatory rights in the political process. Thus accommodation of such minority
group through participatory rights (in addition to granting of minority rights) (Robert F
Williams 2004, p42)66.

2.9 Power sharing


It requires that the concerned minorities themselves are sufficiently involved within
decision making processes that affect their interests. Consequently, ethnic minorities must
have the right to participate in different political decisions. UN declaration ensures this as
persons belong to minority groups have the right to participate effectively in decisions on
the national and, where appropriate, regional level concerning the minority to which they
belong or the regions in which they live, in a manner not incompatible with national
legislation.67 In principle the federal and regional state institutions at all levels should
reflect the diversity on the ground, albeit tilted in favor of the indigenous ethnic groups.
In particular, the establishment of second chambers in these regional states can play a
crucial role in balancing the interests of both locally dominant groups and non-indigenous
minorities. In addition, the idea or rotating the regional state presidents office among the
key contenders every fixed period of time is also crucial to reduce the fear of domination
of one group over others. However, this mechanism is not yet actually practiced in
Ethiopian federation through it is relevant.
65 Human Right Committee general comment 23,art27,1994,UN,HRI
66Robert F Williams, Josef Marko and Allan Tarr, Federalism, sub national
constitutions, and minority rights, west port, Connecticut, London 2004,p42
67 UN declaration on the Rights of persons belonging to National or Ethnic,
Linguistic minorities of 1992

28

To conclude, the federal political system is the advocacy of multi-tiered government


combining the elements if the shared-rule (representation of diverse group) and regional
self-rule (autonomy of diverse groups). It is based on the presumed value and validity of
balancing unity and diversity, which means accommodating, preserving and promoting
distinct identities within a large political union. So, to ensure effective and efficient
protection of minority group rights, it is preferable to adopt and there by actually practice
carefully framed federal political system that are appropriate for ones state while
employing some alternative mechanisms of protections like granting terraria autonomy or
local self-governance for territorially concentrated minority groups; granting nonterritorial/cultural autonomy for territorially dispersed minority nationality, and equitable
power sharing in legislative, executive, judiciary, civil service etc.; at all tiers of
governments without expense of the majority or relative majority groups.

2.10 Self-determination as protection of Minorities


Art 39 (1-3)68 of the FDRE constitution provides that every Nation, nationality and people
in Ethiopia has unconditional right to self-determination, including the right to secession.
Under this article one can identify three forms of the right to self-determination; namely,
the right to self-government, the right to equitable representation and the right to culture
identify69. The FDRE constitution departs from the language of liberal individualism by
placing the collection right of Nation, nationalities and peoples to self-determination at
the fore front of its human rights discourse70.
Self-determination has been one of the most important driving forces in the new
international community71. Its ideological origins render it a multifaceted but also an
extremely ambiguous concept. Lenin was the first to insist to the international
community, that the right to self-determination be established as a general criterion for

68 Art39(5)of FDRE constitution


69 Abadir Mohamed, The human rights of the FDRE constitution in light of
the Theoretical Foundations of Human Rights,2008,p,74
70 Ibid,p,90
71 Antonio Casses,Self Determination of Peoples; A legal Reappraisal,p.1

29

the liberation of peoples72. To be sure, before him self-determination had been


championed at the political level by a number of conventions originating from various
leftist parties and in 1913 Stalin had written a detailed pamphlet on the matter a pamphlet,
it should be stressed ignored by socialist scholars and to which instead, a learned
commentator rights drew attentions same years ago73.
Looking at the various soviet declarations from that era, one is forced to conclude that
Lenin and other soviet political leader envisioned self-determination as having three
components74. First, it could be invoked by ethnic or national groups intent on deciding
their own destiny freely. Second, it was a principle to be applied during the aftermath of
military conflicts between sovereign states, for the allocation territories to one or another
power. Thirdly, it was an anti-colonial postulate designed to lead to the liberation of all
colonial countries.
At the same time as Lenin was championship self-determination with an eye towards a
worldwide socialist revolution, US president Woodrow Wilson was developing his own
thoughts on the subject75. While the Leninist conception was of course based on socialist
political philosophy, Wilsonian self-determination originated from typically western
democracy. For Wilson, self-determination basically consisted of the right of peoples to
choose their government freely. Thus, Wilson substantially advocated a fourth potential
formulation of self-determination not considered by Lenin that the principles required
that peoples of each state he granted right freely to select state authorities and political
leaders.
The right is often divided in to two aspects external and internal self-determination 76.
External self-determination was applied most frequently to colonial situation as it
concerns directly the territory of a state-its division, enlargement or change and the states
72 Ibid,p,14
73 ibid
74 Ibid,p,16
75Ibid,p,13
76 Hazel Fox(ed)Robert Mccorquodle, self-determination; A Human Rights
Approach, 1994. P,863

30

consequent international (external) relations with other states. This application of


external self-determination is seen in the three main methods for exercising the right of
self-determination mentioned in general assembly Resolution 1541 (xv) emergence as a
sovereign independent state free association with an independent state; or integration with
an independent state.
The internal aspect of the right concerns the right of peoples within a state to choose
their political status, the extent of their political participation and the form of their
government, i.e. a states internal relations are affected 77. The exercise of this right can
take a variety of forms, from autonomy over most polities and laws in a region or part of
state.
Self-determination too could and should be seen as all rounded rights of the minority
groups. According to such observation, every national groups and the entire such minority
groups have to be granted a package of constitutional rights normally within their
regional states. This package includes self-government rights, special representation
rights and right to culture preservation78. Self-government rights embrace powers as well
as an autonomy that permit members of national groups to direct their culture and
extensive parts of their lives within its skeleton. Representation rights are rights
guarantying the group a fair share in the government and in the symbols of the state
cultural preservation rights are auxiliary rights and other means for protecting the ability
of the group and its members to shape their culture independently and live their lives
within it79.
Designing and accommodating of this package of constitutional rights set in motion with
its creation and linked with constitutional making. We live in an era of constitution
making80. Many of these constitutions begin with some s version of the four famous
words we the people of81. The we issue is particularly problematic in the context of
77Ibid,p,864
78Chaim Gans, The Limits of Nationalism,2003,p,83
79 Ibid,p,84
80 Hana Learner, The People of the constitution;constitutionMaking,Legitimacy,Identity,2004,p.2

31

deeply divided societies, which are grappling with the very definitions of their unity82.
For the reason that, it should be a sign of their interests, beliefs symbols, aspirations,
ideals so that finds out who are a given community, people of a regional state or at large a
nation, though, this can affect by the makers. Since the ancient Greek concept of the
demos already had several possible interpretations it could mean either the entire body,
the many the majority or the mob83.
Constitution making and constitutional choices are vital aspects of democratic
government; they are more than arid preparation of constitutional documents 84. To a
certain extent constitution making involves the embodiment of constitutional traditions of
the body politic in appropriate binding rules of the game that properly reflect the polity
model basis and socio-economic distribution of power 85. Constitutional choice involves
utilizing appropriate models that recognize the importance of institutional gin the lives of
humans, the significance of history and culture in shaping those institutions and
behavioral dimensions of the constitutional process in each case86. From the preceding
conceptual analysis, it is possible to sum up that there is a need for extensively achievable
devise and accomplishment of political system as to managing diversity. Therefore, it is
pertinent that the protection of minorities should be seen along with the accommodation
of ethno-linguistic diversity. In Ethiopia, so as to protect minority groups, this postulation
also includes the creation of regional state constitutions having the above perceptions as
background, at this instant it is vital to look at the federalism, democracy and managing
of diversity.

81 ibid
82 Ibid,p,10
83 ibid
84 Daniel J.Elazr, Constitutional-Making; Pre-eminently political Act,P.13
85 ibid
86 ibid

32

2.11. Federalism, Democracy and Managing of Diversity


2.11.1. Federalism; an over view
There is no universally accepted definition for the term federalism .however to make a
proper analysis of theoretical and pragmatic aspects of federal system. It is better to start
with the question what is federalism? Each federal system has its own unique nature
which is shaped by long historical, political, social and economic factors. Thus, finding a
single definition for this term seems impossible. Federalism is a general term that refers
to the advocacy of multi-tier government, which combines elements of shared rule and
regional self-rule. It aims to achieve both unity and diversity by accommodating,
preserving and promoting distinct identities within a larger political system (Watts, 2001;
24)87. However, within the general federal principle there can be different federal political
systems, which combine elements of shared rule and regional self- rule through the
constituent units (Elazar, 1987, 7-8)88. Therefore, federal political systems include a
spectrum of more specific non-unitary forms of political systems, including federations,
confederations, consociational polities, unions, and leagues (Elazar, 1987:6-8) 89. All the
political systems include aspects of the federal principle compared to the unitary state,
which is a single source of political authority. Federal political systems may emerge from
an agreement by two or more independent political entities to acquire common political
structures, such as the United States and Canadian federations. Or it may result from the
federalization of a unitary state, like the recent constitutional change in Spain, Ethiopia
and Iraq (Watts, 2008)90. The federation of a unitary state may be based on territorial,
cultural, linguistic or other divisions that the unitary state intends to resolve (Watts,
2001:76)91. As the concern of this thesis is mainly with federations, it may be relevant to
define what a federation refers to, in order to understand its main characteristics and
87Watts, R.L. (2001) Models of Power Sharing, International Social Science
Journal, 53(167) 23-32.
88Elazar, Daniel, Exploring Federalism (Tuscaloosa, Al: University of Alabama
Press, 1987.
89ibid
90Watts, L.Ronald and Chattopahayay R eds. Building on and
accommodation of diversities, New Delhi; Viva Books Private limited,2008

33

explore its main mechanisms and the debates around it. According to Watts, a federation
is made up of: Compound polities, combining strong constituent units of government and
a strong general government, each possessing powers delegated to it by the people
through a constitution, each empowered to deal directly with the citizens in the exercise
of its legislative, administrative, and taxing powers, and each directly elected and
accountable to its citizens (Watts, 2001:27)92. Federal ideas about balancing forces of
unity and identity if the center is too strong and swallows identity, then this will lead to
conflict and in turn becomes a danger for unity. On the other hand high domination by
constituent entities against the state may also allow the regional state to leave the
federation easily and thus becomes a threat to unity. Therefore, a wisely farmed
federation has to provide proper balance between these tensions. While identity has to be
properly accommodated hold the constituent unit together (Assefa Fiseha 2007, 112)93.
2.11.2 Federalism versus democracy
The diversities that exist in contemporary societies are themselves divers.(Watt,2008,43) 94
the diversity of diversities means that there can be no single or universal set of
strategies for the successful management of conflicts of diversity 95. Any set of
constitutional arrangements, institutional structure, public policies, and political practices
designed to manage or mitigate conflict must be rooted in a deep understanding of the
particular contexts in which differences appear96. Yes, it is without a solution to deny that

91Watts, R.L. (2001) Models of Power Sharing, International Social Science

Journal, 53(167) 23-32.

92 ibid
93Fiseha, Assefa, Federalism and the Accommodation of Diversity in Ethiopia:
AComparative study, Revised 2nd ed, Forum of Federation, 2007 .

94Watts,L.Ronald and Chattopahayay R eds. Building on and accommodation


of diversities, New Delhi; Viva Books Private limited,2008
95 ibid
96 ibid

34

one of that advantage of federalism is that it comes in so many shapes and sizes 97
assists to manage diversity. It has become almost common to address the problem of
relationship between federalism and democracy98. Democracy, basically, is majority rule
founded on the number of votes cast, each vote having equal weight, whereas federalism
when protecting territorial segments and its minorities implies equal or weighted
representation of uneven units99. A frequent blueprint to complement the two modes is
bicameralism government proposals have to be voted on in two houses one representing
the people, the other represents the member constituent units.
Given that democracy self-evidently implies one man one vote and majority principles,
as opposed to an equal status all cantons100 or the entire constituent units. However,
federalism and democracy can also be taken as constitutive principles of power control
for given political communities which have different values in the background, those of
diversity and equality, respectively101. For most ethnic groups and territorially structured
communities. Federalism has the advantages of being a provider of accommodation with
the potential to respond adequately to problems occurring in multicultural and
multilingual settings102.
Minority protection has to be understood merely as immanent to a democratic question 103.
If both federalism and democracy, when interpreted as constituting principles, are
principles of power control, the main problem can be summed up as follows can the
97 ibid
98Lidija R BastaFleiner and Thomas Fleiner,(eds),Federalism and Multiethnic
States The Case of Switzerland ,Lidja R BastaFleiner Minority and Legitimacy
of a Federal State; an Outsider Perception of the Swiss Model,P.94
99 Wolf Linder, Swiss Democracy; Possible Solutions to Conflict in
Multicultural Societies,198,P.159
100 Supra note at-101 P.94
101 ibid
102 Supra note at 3,P,21
103 Supra note at 101,P.38

35

equality of all citizens be understood in a way that permits also local i.e. group liberty? 104
So as to minority groups empowered to make decisions in line with the principle of
federal democracy. On the other hand, as managing of diversity is linked to the
establishment of federal arrangement, then it is important to see the relationship of
federalism and diversity.
2.11.3. Federalism and Diversity
The last ten years have witnessed a remarkable upsurge of interest in two topics amongst
political philosophers the right and status of ethno cultural minorities in multi-ethnic
societies (the minority rights-multiculturalism debate)105 and the virtues, practices, and
responsibilities of democratic citizenship (the citizenship-civic virtue debate). Emerging
democracies in Europe and elsewhere are currently attempting to design constitutions that
combine effective government, recognition of diversity within their populations, and
protection for rights106. Federalism and federal arrangements are among the options from
which they must choose in seeking to achieve these objectives107.
There are a range of strategies to manage diversity. Some scholars bring into play
inclusive criterias such as stability, constitutionalism, recognition, and social justice or
equality on the road to provide strategies for managing diversity. In some societies
repression, exclusion and marginalization, or assimilation have been used as line of
attack. At one extreme is repression, which has all too often the form of genocide and
forced ethnic cleansing108. Others have used an exclusion and marginalization, where
minority groups simply exist without meaningful participation in the economic or
political life of the larger society109. Similar to Ethiopia others also have preceded
104ibid
105 Supra note at 15,P1
106Ellits Katz and G. AlenTarr(eds),Federalism and Rights,1996 P.ix
107 Supra note at 34,P.94
108 Supra note at 97,P.57

109 ibid

36

assimilation that the dominant society puts strong pressure on minority cultural groups to
abandon their own values, beliefs, languages, and traditions and adopt those of full wider
society if they wish to be regarded as full citizens 110. Minority cultures and language will
be subordinated, sometimes by force, at other times by persuasion 111. The most part of
malfunction of managing diversities emanates from bearing in mind it as a saddle.
Diversities are not to be considered as a burden but as an asset that states can build on 112.
Diversity as a social reality, at all times existed; it becomes a trouble when the groups in
order to identify the underlying logic and social implications of minority rights claims
will kymlicka asserted that we need first to consider what shorts of groups exist within
the state. Different kinds of groups face very different kind of challenges finding their
place within the larger state, and therefore demand different kind of special
accommodations. To achieve minority right protection goal the essential elements are:
shared rule in law-making (constitution, legislation and eventually, executive) process
and regional self-rule (autonomy) including groups rights113. Different communities also
need to be able to faster their identities with regard to education, religion, communication
media, social network, etc.114. Diversity enriches politics, culture, legislation and the
judiciary115. They educate people to tolerance, flexibility and mutual respect. A polity that
builds on an accommodates diversity provides for more Justice and better guarantees of
human dignity because it respects the reality of the diversity of the human nature116.

110 ibid
111 ibid
112Watts, L.Ronald and Chattopahayay R eds. Building on and
accommodation of diversities,2008 Akhtar Majeed, Jonah Isawa
Elaigwu,Thoms Fleiner and Mahendra Prasad Singh, Building on an
Accommodating of Diversities,P.3
113 Supra note at,117,P.6
114 ibid
115 Ibid,P.6
116 ibid

37

The usual institutions for conflict management are the Judiciary, the legislature, the
constitution making power, and the executive and administrative institutions 117. These
traditional conflict management institutions will only be useful for conflict managements,
however, if they are able to recognize and respect the vital interest of the different
diversities118. Yet, managing diversity and federalism are interrelated nations as to
managing disagreements.
For the most part extensively accomplished political arrangement with respect managing
diversity is federalism. But where, as is not often the case, the groups are territorially
concentrated, and then federalism is the preferred strategy for successful management 119.
Federalism in deeply divided societies, those with territorially concentrated, selfconscious, politically mobilized minorities-or nations are likely to be more decentralized
than federations in societies that are more homogeneous, or whose minorities are
numerous and geographically dispersed120. This logic also serves to deal with the concern
of minorities that are brining into being within states; especially, in which intensely
diverse societies, those with territorially intense, self-conscious, politically mobilized
minorities.

CHAPTER THREE
117 Ibid,P.16
118 Ibid,P.17
119 Supra note at,97,P.64
120 ibid

38

3. General back ground of the Ari Ethnic group


The process of state building did not spur off again until the reign of Menelik II (18891913). Menelik expanded his rule from the central highland regions to the south and east
of the country and established the borders of Ethiopia that we find today, a country
including more than eighty different ethnic groups. He defeated powerful traditional
kingdoms; some of them had been not been under the rule of the central highlanders
before, such as the Oromo, the Wolaita, the Sidama, the Gurage and the Kafa. After the
submission of Kafa under the RasWolde Giorgis force Ftawrari Damte invaded the
territory of Ari. these force used modern guns the Ari not peacefully submitted to
conquerors they fought under ritual war leaders called Babi but, they are not resist 1000
trained and used modern guns soldiers of the Fitawrari Damte forces.(Alexander
Bulatovich 1892:69)121 .According to custom, Ari land divided in to nine independent
territorial subdivisions(localities)each with its own hereditary (political, economic ,and
religious)leader called Babi. Prior to the incorporation of this part of the country in to the
Ethiopian empire, each locality was a self -contained unit with no political authority over
others. The nine sub divisions are Baka(Bako),Shangma(Shengama), Sida(Sido),Beya,
(Bio),Woba(Wubhamer),Gayil(Gelila),Bargida(Bergeda),Seyki(Argen/ Debrestehay),and
Kure. Terms in brackets are those used by out siders. In each of these localities the
traditional power structure involved the Babi(Chief),his Godmi (ritual specialist),Zis
(Ganna

or

village

leaders),tsoiki(information

agent)

and

Keisi

(commander)

(GebreYintiso the Ari of Southwestern Ethiopia 1995 p,19) 122territorial frontiers existed
between chiefdoms, though they changed from time to time depending on the military
strength of the warring polities .in comparison with other Ari chiefdoms the baka polity
was military stronger ,a fact which enabled the Baka to wage wars and annex the
territories of the neighboring Shangama chiefdom. The Baka also fought against the Male
people and annex territories.(Remapping Ethiopia, memory and the humiliation of Men;
Ari Alexander Natyp,61)123however, Oscar Neumann told us during the aggression time
121Alexander Bulatovich1892:69
122GebreYntiso. 1995. The Ari of Southwestern Ethiopia: An explanatorypractices. MA Thesis,
Department of Sociology and Social Anthropology, Addis Ababa University
123Remapping Ethiopia,memory and the humiliation of Men; Ari Alexander
Natyp,61

39

of The Male are not yet absolutely subjected by the Abyssinians. Here I found, for the
first time, bows and poisoned arrows, while in all the countries passed before the spear
and sword were the only arm Neumann, Oscar (1902)124. From the Somali Coast through
Southern Ethiopia to the Sudan The Geographical Journal, Vol. 20, no. 4, pp. 373-398s.)
125

One of the witness of the aggression of the Northern was a twenty year old

Englishman, H.S.H. Cavendish who, coming from Somalia, reached the mouth of the
Omo on 22 March 1897. He seems to have spent only two weeks in the area, during
which time he visited the Murle and Murutu. The account of his journey, which he
read to the Royal Geographical Society. interesting light on the national competitiveness
which lay behind the exploration of Africa in the 19th century, as much as it lay behind
the exploration of space in the twentieth Cavendish was in fact the last European traveller
to visit the lower Omo before it came under the control of Menelik, who sent two military
expeditions to the Omo delta, one coming from the west (Maji) side of the valley in early
1898 and the other from the east (Bako) side a year later. The first was led by RasWolda
Giyorgis (Bulatovitch 1900).126
The expansion to the peripheries entailed a spread of the northern system of peasant-lord
relationships to the newly incorporated areas. It creates a bad relationship between Ari
and the new administers. A fixed annual tribute was introduced and the power to
administrate and collect taxes was given to soldiers from the north (neftenya) who had a
prominent role in the conquest or local traditional elites (balabat) . In some areas,
primarily in the lowlands, the Emperor expropriated land and the peasants who
previously owned soil there had to buy it back from the state (Donham, D. And James, W.
1988.).127 In the early decade of the 20th century, the newly incorporated peoples were
chiefly administered by the nobility who helped to conquer the peoples and their lands.
Even if in the Christian kingdom nobilities possessed only the rights to collect tribute
124Neumann, Oscar (1902). From the Somali Coast through Southern Ethiopia to the Sudan
The Geographical Journal, Vol. 20, no. 4, pp. 373-398
125ibid
126Bulatovitch 1900
127Donham, D.And James, W. 1988. 'Southern marches of Ethiopia: essays in history and
social anthropology'. Cambridge: Cambridge University Press

40

from peasants, in the south they were given the land and the peoples they conquered
(Adhana, 1994).128 These governors paid fixed tribute to the emperor exploiting tradable
resources such as gold, ivory, coffee, slaves and civet musk in southwest and western
parts of the country. Remote areas of the empire thus became the hunting ground for slave
trade in the early decades of the 20th century. Indigenous peoples were also forced to pay
tribute such as livestock or honey and daily labor to governors and others court associated
officials, tribute collectors, soldiers and civilian settlers. Policies of land alienation and
settlement implemented among indigenous people made them landless and tenants for
decades to come. The governors established different garrison centers later emerged as
town / ketemma/ among the indigenous communities and administered the people,
usually appointing local people- powerful families in the area or ritual leaders- to
facilitate tribute and labor service (also referred as gebar labuor) (Blackhurst, Hector
(1980).129The earlier garrison Bako, at emerged as a significant administrative center in
the area. Bako is situated on a hillside, and as a matter of fact, most towns in southern
Ethiopia that grew from a garrison center are in hilly areas. The location of these
garrisons was strategic, i.e to control local peoples from higher places. Practice was
corresponded by stereotyping values, culture and identities of different peoples in south
(Bahru Zewde 1991.)130.The stereotyping produced different derogatory labels, which in
most cases had racial tone like Shanqilla referring to all black peoples in the south
remote parts of the country in contrast to light skinned colors of the conquers. In this
aspect, Oscar R. Neumann, during his journey via southern Ethiopia in 1902 wrote in
reference to parts of Omo lower valley Abyssinian... killed a lion, elephant, rhino,
giraffe, or buffalo, and even a poor shanqilla, that is to say, any of their large game. I may
here mention that the Abyssinians call shanqilla not only the tribe called Beni Shangul by
the Arabs, living on the Ethio-Sudanese borders, but all the Sudanese and black people
living in the countries around Lake Rudolf and near the Omo. That is, all dark-colored
128Adhana H. Adhana 1998. 'Tigray the birth of a nation within the Ethiopian polity'
129Blackhurst, Hector (1980). Ethnicity in Southern Ethiopia: The General
and the Particular Journal of the Clapham, Christopher (1975).
Centralization and Local Response in Southern Ethiopia African Affairs, Vol.
74, no 294.
130BahruZewde 1991. A history of modern Ethiopia: 1855-1974. London:
James Curry

41

people with the exception of the Somali and the Oromo (Neumann, 1902: 385-86). 131They
had the luck to kill one of the large pachyderms near a small hill, and called on their
patron saint, when suddenly the hill began to dance and sing, "Adoshebai, Adoshebai." So
they now look upon the plain as the home of this spirit. The spirit Adoshebai of the
Abyssinians combines the qualities of a devil and patron saint of the hunters. They call
upon Ado-shebai .(Neumann 1902; 386)

132

during this time killing a man is very simple

and the peoples of the Omo valley havent a value more than the hunting animals by the
conquerors, they recognized killing by dancing Adoshebay this is showing stereo typing
of the ethnic groups. A wide scale settlement continued for decades, and shaped the
construction of identities in south. Ari is one of the victims of stereotyping and domestic
slavery as Neumann said the conquerors called the people of the lower Omo valley by the
name of Shanqilla. Ari, was one of that ethnic groups. This bad relation continued for a
long period of time until the coming period of EPRDF. Alexander Naty in his book says
Ari families had to perform labor services for the solider settlers. When families failed to
pay tribute or to perform labor services, there members were taken as domestic slaves.
Similarly, many individuals were enslaved through a practice known as lebasha.
(Alexander Naty 1974-59).133The Ari got temporary relieve from these landlords when
Italian forces controlled the area. during this time Ari local chiefdoms Babi Diksi Urki
and Babi Gerebabs Diksi fought with the Italian aggressor force and Italians defeated by
the Ari return back and they concurred the Ari land after one year this is the un told
history of the Ari. During war time the Ari robbed by bandit and Italians. After the
liberation of Ethiopia BabiDiksiUrki received kegnazmach, BabiGerebabsDiksirecived
the title of Grazmach from the Ethiopian Emperor HailesillsieI. (Ari neqash3 Andualem
Girma, GebreYintiso page)134 .

131Neumann, Oscar (1902). From the Somali Coast through Southern


Ethiopia to the Sudan The Geographical Journal, Vol. 20, no. 4, pp. 373-398
132 ibid
133Remapping Ethiopia 1974, 59Donham, D. And James, W.AddisAbaba printing press
134Andualemgirma Aeriniqash3 2015 sari annual magazine

42

CHAPTER FOUR
4.1 Recognition of rights of minorities and participatory rights
Human rights are implemented based on the equality principles and thus belong to
everyone and are applicable uniformly. Then minority rights protection scheme is an
additional right for specific group of persons who are determined as ethnic minority.
While non discrimination principles in international and national legal documents are
there to avoid discrimination .i.e. different treatment which is committed most of the time
against minorities, minority rights protection is introduced to preserve differences
(identities)135.
Minority rights are permanent and inherent rights of minorities to preserve their identity.
Such rights should not also be taken as special benefits for the minority group. They
rather are inherent rights for those groups to preserve and enjoy it identity (language,
culture, and religion like what the majority enjoys.
Full realization of minority right is possible only through accommodation of the minority
group in the political process.136A mere existence of principles of federalism on paper
135 Accessed January 23http://WWW ohchr.org/documents/publication/fact
sheet)
136 Ibid

43

doesnt solve problems of plural society. Practical accommodation of diversity is


necessary to build lasting unity. Federalism is a means of understanding to reconcile
clashing groups and thus political accommodation and mutual understanding among the
diver society is an essential element in every federation.
As Watts clearly explained it in his book, every federal system has two public purpose: 137
namely to ensure self rule through constitutional division of political power and to
achieve unity at the same time through shared federal institutions by working together on
areas of con joint interest(Watts 1999,83)138.
4.2 Minorities with in minority
Throughout Ethiopia there are numbers of marginalized minority groups who are defined
by occupation. In the Ari community occupationally there are two categories Qansa and
Mana .Qansa the dominant farming population socially respected and from the great
majority. The Mana of craft workers by giving them specialized workers who produce
different items has such a low status that many of them are still considered to be the lower
status. Between Qansa and Mana they do not enter each others house, they do not eat
together, no marriage takes place between them, they do not drink local beer together and
they exhibit very limited interaction and relations in social ritual, and other cultural
affairs by their surrounding majorities. (Gebrea 1995, 35 139). Between Manas have
different hierarchies.
Gasi Mana (now a days agriculturalist), Tilla Mana/daman/ donger man (potters), faaka
mana/ gita mana (black smith). (Zenalisan 2013)140. The Gasi manas look down on the
remaining two, while potters despise black smiths. However, they all are looked down on
and despised by the qansa. The faka mana and tilla mana extremely marginalized groups.
Now a day through the spread of Christian Missionary opened new schools that some
137Ibid
138Watts,L. Ronald, The spending Power in Federal Systems; A Comparative
Study. Queens university; Kingston Ontario,1999
139GebreYntiso. 1995. The Ari of Southwestern Ethiopia: An explanatory practices.
MA Thesis, Department of Sociology and Social Anthropology, Addis Ababa University

140ZenaLissan Academy of Ethiopian Languages and Cultures Vol,XXII ,


Number 1 May 2013

44

mana childrens gained a chance to attend higher education currently some local leaders
from the mana however, there is big gap between Qansa and mana. The manas are
spatially segregated, economically disadvantaged, politically disempowered, socially
excluded and culturally subordinated. These dimensions of discrimination are starkly
manifested in every aspect of daily life.
Particularly to describe the social system in the south and southwestern part of the
country, where the social exclusion of these groups is more institutionalized than in the
rest of Ethiopia (Freeman and Pankhurst, 2001)141.
4.3 Intra, inter relationship of Ari and the quest of Autonomy
The Ari people live in South Omo and Gamogofa zone adjacent areas, which are
combined hillsides, highlands and lowlands around Jinka, Bako, Tolta, Shangama, Gelila,
Uba,Biyo, Berka, Mester and in the northern part of Gelila. The total number of
population of North and South Ari wereda is 333,607 about according to south Omo zone
BOFED total population of the zone was 745,717 the two wereda population cover
44.7% of the population of the zone. The Debub Omo zone is ethnically very divers
without any group constituting the majority of the zonal population. 142 Literally, the term
Ari refers indigenous or people who created the first referring to the Ari people not
came from other place.143.

Ari is bounded by seven different ethnic groups namely

Male,Gofa,Basketa, Dime, Mursi, Bodi, Kara, and Banna. Ari is closely related to Banna
because a large number of words are shared by both languages. Thus the Ari have a
strong feeling of relatedness to Dime, Kara, Hamar, and Banna. (Gebre 1995,38) 144The
141Pankhurst, Alula(2001) Dimension and Conceptions of Marginalization in
Freeman Dena and Pankhurst, Alula(eds) Living on the edge ; marginalized
minorities of Craft workers and hunters in South Ethiopia, Addis Ababa
university.
142 Christophe Vander Beken, Unity in Diversity. Federalism as a Mechanism
to Accommodate Ethnic diversity; the Case of Ethiopia, Muenster 2012
143AndualemGirma South Ari Wereda annual magazine image printing
press,2014,P.34
144GebreYntiso. 1995. The Ari of Southwestern Ethiopia: An explanatory
practices. MA Thesis, Department of Sociology and Social Anthropology,
Addis Ababa University

45

long history of marriage relationships between the Ari, on the one hand, and the
Banna,Dime,Basketa, and Gofa, on the other. Moreover, the Ari recently have began to
intermarry with Kara and Male. The relationship Ari with Mursi and Bodi is characterized
by hostility. Around the Ari Mursi Bodi border has been suffering from continues
encroachment by the pastorals that Mursi and Bodi. During mediation between Ari and
Mursi in to 2014 the researcher also one of the member on the side of Ari. The Ari ethnic
predominantly agriculturalist living in permanent villages and they are a supplier cereals
for the pastoralist and they have a good relationship with the majority. The Aris interethnic relationships is not so strong because of in the past government of Ethiopia, the Ari
ethnic group were administered in different administration zone due to this case, the
psychological set up of the Ari not seems strong. That means for unification case they are
not strong like other ethnic groups the South Ari government teach childrens by their
mother tongue but, the North Ari government refuse to teach the mother tongue by the
difference of dialect. Continuously the Seyki Ari asked the right of autonomy but, the rest
Ari wereda not support the Seykis. Most of the time cooperation between the Ari clans
and chiefdoms are poor. (Andualem, interview with Gebrea, 2015,13) 145 The Ari with
resident of the towns also a good and familiar relationship. But, recently according to my
informant in some government officials of the weredas expressed the feeling of narrow
nationalism but, this feeling not represent that all government officials of the Ari. During
my interview time with the former head of SEPDM (EPRDF) office of South Ari wereda
Ato Demisie Lalsi he told me the feeling of narrow nationalism in south Ari wereda some
government officials. (Andualem 2015, 7)146 however, the degree of the problem is not
more exaggerated if we compared to other areas of Ethiopia. Sometimes ethnic groups
struggle for their constitutional right of government and other ethnic groups not seen as a
healthy question and generalized as narrow nationalism one of the best example are the
Seyki Ari case the highland areas west of the shengamas kebele which administratively
belongs to the Gamogofa zone, The indigenous people here are farmers like North and
South Ari weredas the Seyki Ari have a similar linguistically and in aspects of culture
they are Aris but, they are under Gamogofa zone Ubadebrestehay wereda the wereda have
145 Interview with Dr. GebreaYintiso for south Ari wereda Annual magazine,
May 2015,P.13
146Andualem Girma South Ari wereda annual magazine, Image Printing
Press,P.7

46

17 kebeles out of this 12 kebeles resident the Ari but, they havent teach their childrens
by Ariaaf

the

wereda

officials

refuse

the

question

(Andualem

Girma

2015)147linguistically they are differ that Gofa. The Seyki Ari asked that the Zone
government to recognized Seyki Ari as indigenous ethnic of Gamogofa.
The Gamogofa zone not interested to recognize the Ari as indigenous ethnic group of the
zone like Gamo, Gofa, Zeysea, Gidicho and Oyda.By the response of the Zone
government the Seyki Aris developed the sense of stop living together with Gofa. The
quest for autonomy appeared as a surprise to the delegate who came to verify the Seyki
Ari identity. As my informant noted, The Seyki Ari elites wrote letters to the regional and
federal governments including the Office of the Prime Minister and the House of
Federation request their own woreda. But, the quest was note appreciated by the
government especially from the government of the region and Gamogofa zone the leaders
of the quest also imprisoned from three month up to three years. According to my
informants, the people wanted live within their own wereda or with Ari weredas.
4.4 Experience of power sharing in Belgium
Belgium became independent from the Netherlands after a nationalist revolution in 1830.
Occupied and devastated during both world wars.

After four amendment of the

constitution, the current political system of Belgium is so evolved and innovative. It


shares power among different sectors of the society thus reducing possibility of social
conflict. Belgium has recognized the existence of regional differences and cultural
diversities.
Belgium accommodated the interests of its two main ethnic groups i.e. Dutch and French
by formulating a power sharing arrangement that gave both an equal opportunity in the
working of the government. The Belgians realized that the only way of securing the
countrys political stability and unity was by giving both the communities an equal
representation in the government. In this manner, feelings of

resentment towards the

other community were not at lower to flourish in Belgium. The power sharing
arrangement in Belgium, although complex has been running smoothly over the years.
The constitution of Belgium prescribes that the number of French speaking and Dutch
speaking ministers should be equal in central government. Brussels
government

have a separate

which has both communities representation equally. Other than state and

147 ibid

47

central government they made new form of government called community government
which has powers regarding cultural, educational, and language related issues. All the
communities of Belgium, minor or major enjoy equal rights everywhere in the society.
-

They adopted a policy of power sharing

They gave equal powers to all communities minor or major doesnt matter.

It solved all the disputes.

Belgium and Ethiopia are Federal democratic countries having divers social set ups. Yet,
both took completely different approaches when it came to power sharing of power.
4.5 Participation of Equitable Representation and Power sharing
Federalism by itself is not an end to protection of minority rights. Every nation,
nationality and people of Ethiopia has the right to equitable representation and this is
guaranteed under Art.39 of the FDRE constitution and Art, 39 of the SNNPR constitution.
Legitimacy or representativeness of the federal legislatures both the House of People
Representative and the House of Federation is the first basic element which has to be
satisfied in a federal system. It is through laws made by the federal legislature that
practical functioning of federal system regarding common areas of interest is realized.
Thus, as long as the federal legislature lacks legitimacy or is not a genuine representative
of different groups within the federation, the federal system cannot function in a stable
and efficient manner.
Minority groups needs to partake in socio-economic and political affairs. They need
special representation in different government organs.
4.6. The Legislative Branch
4.6.1. The state council
The first constitution of SNNPR national Regional State was made in 1995 recognizing
three major organs of the region which were the state council, administration and the
judiciary. (Art 8, 1995 SNNPR const.)148 The president was serving as chief executive
and speaker of the state council. Latter on when the 1995 constitution of the region was
revised with the purpose of incorporating the principles of separation of powers, check
and balance and accountability separate speaker of the state council has been put in place.
148 Article 8 SNNPR Constitution

48

(Preamble of SNNPR constitution)149 The House of People Representative is the supreme


political organ of the region which comprises representatives of the people of the region
as a whole from different electoral districts. An individual citizen of Ethiopia and resident
of the region are legible to be elected without Discrimination on the basics of sex, color,
language, ethnic, religion, political affiliation, property and others are prohibited.(Art38
of SNNPR)150 as a whole, in SNNPR ethnic minority groups rarely succeed in having
representatives in the region. Moreover, considering the vulnerability of ethnic minority
groups in the region the constitution says nothing as to the guaranteed representation of
ethnic minorities. Article 46(1) of the Southern Constitution designates the legislative
organ the State Council as the highest authority in the state members of the house
represents political parties in the case of Ari. In the federal level Ato Ashenafi Gaemi and
w/ro Marta Rejmdaki represented the leading party EPRDF/SEPDM/ from South and
North Ari weredas. In the House of Federation Ari ethnic group represented by Ato
Alemayehu Bawdi the present head of South Omo zone.. The constitutional revision of
2001 has profoundly reformed the regional parliament. In fact, a second chamber was
added to the regional parliament council of nationalities. The Ari ethnic group also
represented by different individuals. Hence, today the parliament of the Southern region
comprises two chambers. However, the members of these two houses are par timer.
4.5.2. The Council of Nationalities
As indicated, the second chamber of the regional parliament was created in the context of
the2001 constitutional revision. The analysis of the relevant constitutional and legal
provisions shows that the Council of Nationalities (CON), as far as its composition and
competences are concerned, is strongly inspired by the model of the federal House of the
Federation (HOF).Article 58(1)151 of the Southern Nation, Nationality, People Region
Constitution states that the CON is composed of representatives of the nations,
nationalities and peoples. This means that each nation, nationality or people of the
Southern Nation Nationality and Peoples region have a right to be represented in the
second chamber of the parliament. Article 58(2)152 adds that each ethnic group has a right
to one additional representation for each one million of its members.
149 Preamble of SNNPR Constitution
150 Article 38 of SNNPR Constitution
151 Article 58 of SNNPR constitution

49

4.7. The Executive Branch


The regional administrative council and the president constitute the highest executive
organ of the region. It is constituted form the president, vice president, Bureau heads, the
president office and others under the leadership of the president. Art 64 of SNNPR
constitution As far as accommodation of ethnic minorities in administration is concerned
nothing is provided in the constitution of SNNPR. In fact, at the Federal level as a matter
of practice there is proportional power sharing at the top executive authority. On the other
hand, in SNNPR, no regard is made to ethnic back ground of a person to be appointed
except his loyalty to the party program. Questioning the ethnic identity or discrimination
on the basis of ethnic identity subjects a member of the party to punishment. If we seen
the institutional representation of SNNPR, only in the region executives level have 459
seats of appointment including TVET, colleges, FM radio stations, Agencies and
authority institutions. But, most of the indigenous ethnic group is not beneficiary, some
ethnic groups are more beneficiary from the appointment system the researcher is
member of from one of the beneficiary group. If we seen institutional representation of
SNNPR--Table 1 Institutional representation of ethnic group in SNNPR.
Sn
Ethnic group
Gender
Male
Female
1
Amhara
11
2
2
Aari
2
1
3
Bench
7
1
4
Burji
3
0
5
Chara
1
0
6
Dawro
14
2
7
Derashe
2
0
8
Gamo
12
4
9
Gedeo
10
4
10
Gofa
15
1
11
Guraghe
49
10
12
Hadia
34
1
13
Halaba
4
1
14
Kaficho
19
2
15
Kambata
10
3
16
Kebena
3
0
17
Konso
2
0
18
Konta
2
0
19
Kore
7
0
20
Male
3
0
152 ibid

50

Total
13
3
8
3
1
16
2
16
14
16
59
35
5
21
13
3
2
2
7
3

21
22
23
24
25
26
27
28
29
30
31
32
33

Mareko
Nao
Oromo
Oyida
Shekicho
Sidama
Silte
Tambaro3
Tigre
Wolayta
Yem
Zeyse
Not stated
Total

1
2
7
1
9
73
21
3
4
68
5
1
3
408

1
0
0
0
2
4
3
0
2
6
1
0
0
51

2
2
7
1
11
77
24
3
6
74
6
1
3
459

Source SNNPR bureau of civil service


The experiences of the Ari people of past governance, which appear repeatedly in their
current grievances. In the initial period of the conquests from the north many individuals,
were enslaved by the conquerors, leading to a significant decline in population.
(Alexander Naty, 60)153endured heavy burdens of gebar labor. They were virtually
reduced into tenants until the 1974 land reform. Their general experience during imperial
regime the gebar system was established, in which Ari families were assigned to imperial
solider-settlers (nefetennya). Besides paying an annual tribute (in cash as well as in kind)
when families failed to pay tribute or to perform labor services, their members were taken
as domestic slaves.154The relationship of Ari and the Derg also bad the consolidation of
the state beginning in the late 1970s and early 1980s led to the imposition of Villagization
and military conscription, and a system of taxation that affected the Ari people 155.
According to my informant The Ari people were further isolated and marginalized from
modernization programs by the past governments that means the absence of government
institutions, including social services like road transport, schools, health service, clean
water, hydro electric power, telecommunication service contributed the absence of spread

153 Alexander Naty article in the Book of Remapping Ethiopia and after
socialism Wendy James, James Curey printing, Addis Ababa printing
press,P60
154 ibid
155ibid

51

of education and modernization of the Zone. Thus, current grievances of the Ari people
partly get its expression from the past.
4.8. Representation in the local government
The Southern Proclamation No. 51/2002 of 19 August 2002 grants cities, which comply
with criteria determined by the regional executive council, an important degree of
autonomy. These cities are administered according to the Council-Mayor system whereby
the Council determines policy and takes the important decisions and the Mayor performs
the executive functions. The members of the City Council are directly elected by the
citizens of the city. The members of the Council elect the mayor. This development offers
groups who are in a minority in Zonal terms but may have a numerical majority in the
city important guarantees of representation and self-administration. In this Proclamation,
we again notice the great care shown for the protection of the endogenous groups. Ethnic
groups endogenous to a particular city enjoy a specific legal protection. The endogenous
group that can be a minority in the city is assured of 30% of the seats in the City Council.
Moreover, the law stipulates that the Mayor must also be elected from the representatives
of the endogenous group. By taking these measures, the law attempts to assuage the fears
of endogenous groups about losing control over 'their' city. That these fears are very real
was illustrated by the serious riots in Awassa, the Southern regional capital, in May 2002.
These riots, which caused the deaths of many people, resulted from the fear of the Sidama
people that they would lose influence in 'their' city.156
During the time of data collection i have seen the Jinka mayor how to elect the member of
the Jinka mayor council. That around Jinka city Kebeles like Arkisha, sinegal, Kure,
Kaysa, Bako, Baystmal, Geza not taken the seats in opposed to this different weredas
taken this 30% seats like Male, Benatsemay, south Ariweredas. This weredas havent
adjacent boundary with Jinka city except south Ariwereda. However, that the
proclamation gave the seat for the surround Kebeles it shows absence of awareness of the
political leaders and fear of the lowlanders weredas losing influence in Jinka city.
Because, if the Ari controlled the seat of Jinka Mayor that the Male and other totally loss
their influence.
4.8. Quote of the Respondent
Quote 1: Farmer from Seyki male
156 Christophe Vanderbeiken 2013

52

...you know our relation. We are known by unity. We are One Ari we have one
language, similar culture e,we eat together, we go to the same market. But,
the government was not interested to live together. Our elite asked for our
identity the regional and the federal government. But, they are arrested Now
am also feared to speak about this our zone is Arbaminch it is far more than
700 km. but Jinka is near for us we are Ari but, we lived under Gofa in South
Ari wereda childrens learn by Ariaaf ,they have a traditional dress we
havent .
Quote 2: Political leader of the Zone male
. . . We are the same family th at the Seyki also Arians but they are under
Gamogofazone. During different political meetings we met with
Ubadebrestehay political leaders. They said why the Ari political leaders
forgets us we are Ari why not struggle for us? According to my informant
some of the Ubadebrestehay political leaders from the Ari ethnic group but we
fear to rise this idea because the right question politicized by the opposite
group.
Quote 3: Political leader of the Zone male:
...there are people who are they beneficiary from the past governmental
system of Ethiopians. By, the advantage of their topography that means
distance from the center. They have access of education they have educated
human resource during the transition period easily they controlled the
power. After that they pulled each other. The other main point is the
absence of representation of Ari in the regional executive was the absence
of unity between different wereda s political leaders of the Aris. We are not
cooperating each other and our struggle also weak. We raised this
question in different political forum but, the result was not good.
Quote 4: Officers of Zone (female)
..No i cant believe it, Ari not sharing political power in the regional level; we have
three political leaders in the regional level. but, out of these officials in the name of
region two officials serve in our zone two or three ethnic group controlled the
executive organ they struggle to strong their ethnic representation our political
leader not speak about fair distribution of power. Because, they fear for themselves
nobody talked about it.
Quote 5, political leader of wereda male
...how federalism has been implemented? We are marginalized the region
executive organ controlled by some dominant ethnic group the political leaders
pulled their groups to control the power. . . totally no political appointment is
not based on education, if you see the majority of political leaders of our
region their education back ground is not differ from us. Know, thanks to God
we have educated political leaders they have 10 up to 20 years service of
leadership. But, they are not appointed in the regional level because we havent
a supporter in the regional level. There is no fair representation of ethnic
group more beneficiary from the federal system is some dominant group in
SNNPR.

53

Quote, 6, Male, political leader of South Ari wereda


.no am not agree during the previous government Ari is the victim and
oppressed group in this government also we havent political power sharing in
the executive organ this is the influence of the previous government The right to
equality is needed in multi-ethnic state so as to distribute ethno-nation justice
among ethnic groups beside among individuals.
During my interview time my respondent not more interested to talk about politics
including governmental officials they are not interested to least their name because of, the
fearing of their party punishment. However, I saw similar degrees of emotions and
feelings expressed by the different respondent. Some respondent expressing anger
towards regional government specially the dominant group. They agreed strongly power
sharing in the region not managed by principle simply they follow traditional method am
also agree with my respondent that SPDM/EPRDF practiced above two decades
traditionally appointment of Officials.
Whereas the fundamental assumption of Ethiopian federalism is rectifying historical
injustice by the means of empowering endogenous people who are territorially defined.
My case also highlights the importance to recognize minorities participation and equal
representation in the executive and redress historical imbalances which are all important
to peaceful interactions and identification of individuals and collectives. Even if each of
the South Nation Nationality and people regional government ethnic groups were
differently affected and responded differently to past administrators appointed from
outside the fact that they were all exposed to dominant forces. Different ethnic groups
have different cultures and hostile historical relationships, can coexist if the system
recognizes their identity and, in particular, if the institutions of governance are able to
manage the difference and treat according to their back experience and grievances. In
case of this power sharing of the executive also need a legal background.

54

CHAPTER FIVE
Finding, Conclusion and Recommendations
5.1 Findings
- There is no formal model for power sharing in SNNPR
-Lack of awareness on the side of Political leaders on the issues of Federalism.
-Absence of awareness of the people to ask their rights
-Government officials also not struggle their right for fearing punishment of their party
on the name of narrow nationalism
- Newly emerging ethnic-based elite group has become a significant political player. The
emergence of ethnic-based elite groups creates a wider space for ethnic based
competition over resources, power and recognition competition between the ethnic-based
elite groups can challenge and undermine the legitimacy of the federal system.
-Lack of minority rights protection also remains a problem of the Ethiopian federal
constitution and the process of federalism. The rights of the people who have become
minorities due to the federal arrangement have not been protected either by the federal or
regional constitutions
-The dominance of minorities continued from the Past Related to this is the lack of
genuine democratic participation has its own limitation to practice constitutional right of
minorities.
-The questions this research set out to answer Here, I argued that there are some problems
in the relationship between the current federal structure and the historic trajectories of the
Ethiopian state. The Ethiopian state became unitary and gave priority to building an
55

Ethiopian identity more than a hundred years ago. This practice influenced the current
government participate remotest area ethnic group in the power sharing of the executive
organ. Lack of minority rights protection also remains a problem of the Ethiopian federal
constitution and the process of federalism. The rights of the people who have become
minorities due to the federal arrangement have not been protected either by the federal or
regional constitutions.

5.2 Recommendation
To ensure effective and efficient protection of minority group rights, it is preferable to
adopt and there by actually practice carefully framed federal political system that are
appropriate for ones state while employing some alternative mechanisms of protections
like granting territorial autonomy or local self-governance for territorially concentrated
minority groups granting non-territorial/cultural autonomy for territorially dispersed
minority nationality, and equitable power sharing in legislative, executive, judiciary, civil
service etc. at all tiers of governments without expense of the majority or relative
majority groups.
-In the regional state of SNNPR recognizes the existence of internal ethnic minorities, it
needs to get constitutional or legal base.
-The case of elite groups, they are not a threat by itself, it can be a source of stability if
relationships between the elite groups of different ethnic group from different zone
guided towards partnership and co-operation.
There should be team sprit among the political leaders from different ethnic groups to
work in cooperation for the common good of the society at large.
The regional government should establish effective IGR between and/or among zones
and special woredas.
Creating awareness for the governmental officials on the importance of Federalism
through long and short term training,
All the concerned government organs should strive to create informed society so as to
enable them to question their legally guaranteed rights and to live in harmony with each
other.
The regional government should realize the implementation of affirmative actions for
the disadvantaged groups including the group under study as provided per law.

56

5.3. Conclusion
To conclude the first chapter of the thesis has analyzed the introduction part, objective of
the study, methodology of the research.
.the second chapter of the thesis has analyzed theoretical concepts of minority the issue of
minorities is highly contested, the definition given by Francesco Capotorti, a definition
which is considered better by most scholars, could be help full to protect all categories of
minority groups. Once minority groups are identified, the rights given to them should
enable them to avoid despotism by the dominant group. But, minority rights should not be
the degree that a minority group can destabilize the political system.* In terms of
numerical size no one ethnic group that constitutes even fifty percent in Ethiopia as the
largest ethnic group, Oromo only constitutes 37 % of the total population of the country.
Hence, all nations and nationalities and peoples of Ethiopia deserve minority protection at
the national level. Despite the main concern of Art.27 of ICCPR to guarantee universal
respect for individual human rights, there is a strong argument that minority groups at any
level of government are entitled to exercise those rights enshrined under this provision as
most of them are exercisable by groups. Though Art. 25 of the FDRE Constitution has
greater importance to ban exclusion on the basis of ethnicity, religion, race, language,
culture and other unfounded contingencies, its contribution to group specific rights of
dispersed ethnic minority groups is not satisfactory.
Chapter three of the thesis has addressed general back ground of Ari ethnic group issue
of minorities with in the minority that the Mana extremely marginalized group of Ari

57

ethnic group, and discussed inter and intra ethnic relation of the Ari, how they loss the
psychological unity by the imperial and military government. The quest of autonomy of
the Seyki Ari for the federal and Regional government, strongly i commented here still
this clan one of the Oppressed group during this time Road transport, electricity, Health
center, clean water, Mobile net work not addressed really the area still very back ward
and forgettable area. They are under Gamogofa zone they have not non-territorial right to
use their mother tongue language Ariaaf for academic purpose, to develop their culture
like other Ari chiefdoms finally the Seyki elite rise the question of autonomy but the elite
under custody. In this Chapter the thesis detailed discussed the un justice power sharing
of SNNPR executive equal representation of state does not mean equal protection of
divers groups. Majority groups in each state can dominate minorities.. Lack of minority
rights protection also remains a problem of the Ethiopian federal constitution and the
process of federalism. The rights of the people who have become minorities due to the
federal arrangement have not been protected either by the federal or regional
constitutions. Related to this is the lack of genuine democratic participation though it is a
constitutional right of citizens. In this chapter the thesis analyzed Federalism and
protection of minority right, through there is no universal definition for the term
Federalism. Thus, constitutionally guaranteed division of power between the center and
the constituent units.
Most of the people of the South were enslaved, denied of their resources and reduced to
tenancy, exposed to racial stereotypes, forced to serve in the monarchial and military
government, without equal entitlement as citizen of a political community. They
constitute a minority within minorities, are little associated. They are hence weak
competitors with other relatively dominant groups regarding social relationships and
governance built on personal relationship. Related to this is the lack of genuine
democratic participation though it is a constitutional right of citizens. Different ethnic
groups have different cultures and hostile historical relationships, can coexist if the
system recognizes their identity and, in particular, if the institutions of governance are
able to manage the difference and treat according to their back experience and grievances
the federal political system is the advocacy of multi-tiered government combining the
elements if the shared-rule (representation of diverse group) and regional self-rule
(autonomy of diverse groups). It is based on the presumed value and validity of balancing
unity and diversity, which means accommodating, preserving and promoting distinct

58

identities within a large political union. Minority ethnic groups need to have proportional
representation in the Regional executive and in the Regional Council. Federalization of
the nation-state, which included recognition of regional self-rule and equal participation
of ethnic groups in federal shared institutions, most of the time by the absence of fair
power sharing meant civil war, had to be happened, in order to maintain, or re-establish,
the integrity of the country.
Finally I want to say since the practice in the regional state of SNNPR recognizes the
existence of internal ethnic minorities, it needs to get constitutional base. Minority ethnic
groups need to have proportional representation in the Regional executive and in the
Regional Council.

Informants

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Appendix 2
I would like to express my sincere appreciation for your generous time and honest,
prompt response. The information required is to enable me complete masters studies of
Federalism and Local governance at Ethiopian Civil Service University.
The objective of the interview is to examine the Ari ethnic group power sharing at the
regional executive organ. The result of the interview will be utilized only for academic
purpose. Further more, the information will not be disclosed in names to any other party.
Thus your cooperation is highly needed to conduct this study.

1. Could you believe In Our Federalism system that the Ari ethnic group shared the
power properly at the Federal and regional Executive organ?
2. If your response is no what is the reasons that Ari not shared the Power?
3. The past Monarchial and Military government have an impact on this Federal political
system?
4.Do you believe the absence of power sharing have influence on the development of the
country?

64

5. To create better Federalism system what is the responsibility of government to manage


diversity?
6. Finally the Ari ethnic to share a significant power in the Federal and Regional level
what

is

the

role

of

Ari

ethnic

government

officials?

Thank You!

1.
?
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------2..
?---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------3.
?------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

65

-------------------------------------4.
?----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------5.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------6.
?,-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

66

67

68

Table of Contents
Title

Pages

CHAPTER ONE.................................................................................................................1
1.Introduction......................................................................................................................6
2.General back ground of the study..................................Error! Bookmark not defined.
3.Statement of the problem.................................................................................................7
4. Objective of the study.....................................................................................................9
4.1. Generally the present research have general objective................................................9
5. Specific objectives..........................................................................................................9
6.Research Question.........................................................................................................10
7. Significance of the study...............................................................................................10
8. Research Methodology.................................................................................................10
CHAPTER TWO..............................................................................................................11
The Conceptual and Theoretical Framework....................................................................11
2. Definition and type of minorities..................................................................................11
2.1. Definition of minority................................................................................................11
2.2. Typology of minorities...............................................................................................14
2.3 Core rights of Minority group.....................................................................................19
2.3.1The Right to Equality................................................................................................19
2.3.2 The language right...................................................................................................20
2.3.4 The culture right.......................................................................................................21
2.4 The Protection of Minorities under the Existing International law............................21
2.5 General Overview of Minority Groups under FDRE Constitution.............................22
2.6 Mechanisms of minoritys protection in the Federation.............................................24
2.7. Granting territorial autonomy....................................................................................24
2.8 Granting non-territorial (cultural autonomy)..............................................................25

69

2.9 Power sharing..............................................................................................................26


2.10 Self-determination as protection of Minorities.........................................................27
2.11.Federalism, Democracy and Managing of Diversity................................................30
2.11.1. Federalism; an over view......................................................................................30
2.11.2 Federalism versus democracy................................................................................31
2.11.3. Federalism and Diversity......................................................................................32

CHAPTER THREE...........................................................................................................34
3.1 Recognition of rights of minorities and participatory rights.......................................38
3.2 Minorities with in minority.........................................................................................39
3.3 Intra, inter relationship of Aari and the quest of Autonomy.......................................40
3.4.

Participation ofEquitable Representation and Power sharing............................42

3.5. The Legislative Branch..............................................................................................43


3.5.1. The state council.....................................................................................................43
3.5.2. The Council of Nationalities...................................................................................44
3.6.The Executive Branch.................................................................................................44
3.7. Representation in the local government.....................................................................47
3.8. Quote of the respondent.............................................................................................47
CHAPTER FOUR.............................................................................................................49
4.Conclusion and Recommendations................................................................................50
Bibliography

70

71