Professional Documents
Culture Documents
FEBRUARY 2024
ASSOSA, ETHIOPA
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
TABLE CONTENTS
List of table …..............................................................................................................................VII
Chapter one: Introduction...............................................................................................................1
1.1. Background of the study.......................................................................................................1
1.2. Statement of the problem......................................................................................................4
1.3. Research Questions...............................................................................................................5
1.4 objective of the study.............................................................................................................5
1.5. Scope of the study.................................................................................................................5
1.6. Significance of the study.......................................................................................................5
1.7. Limitation of the Study.............................................................................................................6
1.8. Organization of the paper......................................................................................................6
CHAPTER TWO.............................................................................................................................7
2 .Review of related literature..........................................................................................................7
2.1 Introduction............................................................................................................................7
2.2 Concepts and definitions of federalism..................................................................................7
2.3 Concepts and Definitions of Human Rights...........................................................................8
2.4 Connection between Federalism and Human Rights Promotion and Protection.................11
2.5 Other Countries Experience of Federalism and Human Right Promotion and Protection...12
CHAPTER THREE.......................................................................................................................13
3. RESEARCH METHODOLOGY...............................................................................................14
3.1 Description of the study area................................................................................................14
3.2 Research design....................................................................................................................14
3.3 Data Sources............................................................................................................................14
3.4 The Study Target Population................................................................................................14
3.5 Sample Technique of the study............................................................................................14
3.6 Sample size...........................................................................................................................15
3.7 Instruments of Data Collection............................................................................................15
3.8. Data analysis.......................................................................................................................16
3.9. Ethical Considerations.........................................................................................................16
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
CHAPTER ONE:
INTRODUCTION
Page 1
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
The checks and balance inherent to a federal system can prevent a government from introducing
the type of sweeping and immediate reform that might be possible in a system of undivided
sovereignty. It is for this reason that Maddox has described federalism as applying a; Blake’’ on
social and economic change (C.van Der Beker, 2012). The researcher argued that federalism
increase peoples participation in decision making process by dividing the power to the lower
level of government and increase the way of living together
Especially in diversified societies and also decrease the influence of central government to
infringe human rights by establishing systems of checks and balance. So, federalism promotes
and protects human rights through using different mechanisms of human rights protection and
promotion.
Federalism, like any system of government organization is subject to being used in the
advancement of other governmental aims. The benefits attributed to federalism, then, must be
understood alongside the potential abuse of that system to achieve counterproductive ends.
Indeed, there is structural and systematic limitation to a system of federalism that presents
problems in its operation (Ibid).
The tension between rights enforcement and popular sovereignty, but there are others, perhaps
inherent to the operation of federalism in certain context. The problems of federalism can be
categorized as structural, systematic and substantive. Structural problems are boundary
Page 2
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
maintenance problems –when specific issues reserved to the local government, or when can the
national government articulate substantive rules (TeshaleTibebu, 1974). For supporters of rights,
then this vision of federalism rejects the fundamental pre supposition of human rights law, such
law attaches to the fact of human existence rather than to sovereignty (Ibid).
Systematic problems concern the respect and deference to be afforded common institutions in the
federal relationships. These problems operate against the general background of comity and
private international law. the problem is that , in the enforcement of nationally based public
values ,a system of federalism implies that there out to be deference to state enforcement
mechanisms and that effort ought to be taken to avoid in violating state substantive law (Alum
Habtu,2003). The substantive problems involve which rights exists and how they be defined. Part
of this conflict is familiar substantive national rights restricting government action presents a
direct conflict with state sovereignty and the exercise of state prerogatives (Ibid 14).
The presence of significant minority population presents potential problems for right
enforcement in federal units. In the American experience the problems of federalism have very
much been related to the large black American minority population in the country. States’ rights
and much talk of federalism is intimately bound to slavery. Until the second half of the twentieth
century the overarching majority of black American lives the 11 southern states where they were
concentrated in the ‘’black belts’’ and subjected to second class citizen ships. This puts efforts to
protect the rights of that minority indirect conflict with the federalism based power of the
nominal white majorities in those states (Charles T, 2011).
Federalism is a tool used to resist progressive social change. Where a large minority predominate
in a certain geographic area within a large state, the creation of sub-national unit might make
possible a national unit that would not be possible under a unitary form of government. The
greatest risk is muted where sub-national units would not especially viable standing alone (Ibid ).
Where minority groups are geographically concentrated but in no areas constitute a substantial
enough population to support viable sub-national units, federalism becomes dangerous in
different ways. In this circumstance, federalism is likely to be among the tools used to oppress
the minority population (Ibid).
Page 3
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
Ethiopia is characterized by great linguistic, cultural and religious diversity. It is a home for
more than eighty ethnic communities with different languages and cultures. Most of Ethiopia’s
ethnic communities predominantly live in their respective distinct geographical areas of
habitations. No one ethnic community in Ethiopia comprises majority of population of Ethiopia,
but there are relatively significant majority.
For more than two decades, Ethiopia has been a federal democratic republic. The constitution of
1995 declares Ethiopia as a federal polity with nine regional states and two administrative cities
that constitute the federation Ethnic federalism institutionalizes the self-rule and shared-rule of
Ethiopia’s territorial ethnic communities by guaranteeing their respective representation and
participation in government process It is viable constitutive means of democracy Aassosa is one
of administrative centers in South Nation Nationality and Peoples Regions (assosa) and separate
town and woreda in western Ethiopia. In the town different ethnicity live with harmony so,
federalism is accordingly 1995 FDRE constitution have a great opportunity to recognize and
promoting their language identity and culture in general Ethiopia as well as particularly assosa
town.
The federal arrangement in Ethiopia is not only aimed at enabling ethnic communities to
maintain and promote their distinctive, collective identities and particular forms of life. It also
directed at building political and economic communities for the promotion of their common
interest (Tewfik, 2010). This true in assosa town applied actually it is.
Compared to the previous regimes, the imperial and military, FDRE constitution incorporated
basic principles of human rights according to UDHR, ICCPR AND ICESCR(Valery,2004).All
human beings are born free and equal in dignity and right, they are endowed with reason and
conscience and should respect towards one another as spirit of brotherhoods’’ (art 1 of UDHR).
The overall process of governance of the two previous regimes i.e. the imperial and military
regimes does not contribute a lot forthe protection of human rights (world, report2013). Even
though they adopted some principles of human rights, they failed to show practically. there was
gross violation of human rights in the country. However, after the EPRDF government come to
power, it try to adopt different principles of Human Rights and fundamental freedoms according
Page 4
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
to UDHR, ICCPR and ICESCR and the governments’ states one-third of the provision of the
constitution about Human Rights promotions and protections, and drafted the principles of self-
rule and shared-rule to promote Human Rights and fundamental freedoms of the people. Even if
these principles are adopted and drafted in a good manner on paper, however, it left on the
papers. So that this paper tries to find out the nexuses between theories and practices of
constitutional provisions regarding Human Rights promotions and protections in assosa town.
The fact Ethiopian federalism is ethnic based federalism structure sometimes source of ethnicity
conflict in different part of Ethiopia. Beside federal structure is important for promoting and
protecting humans’ right generally in Ethiopia as well as in the study area. But, there are a
number of challenges encountered in the general effort to promote and protect human rights in
the country. Some of such setbacks include: political and social awareness of the public on
human rights, institutional capacity of the administrative and judicial tribunals, awareness and
lack of commitment on the part of some officials, lack of man power and skill in the level
required (CRPD, 2012). In the study area based on existing structure of government not
significantly promoted and protected human’s right. Therefore the researcher was by investigate
different data asses’ role and challenge of federalism in promoting and protecting humans right
in assosa town.
General objective of the study is to investigate the role and challenges of Federalism in
promoting and protecting humans Right in assosa town.
Page 5
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
The significance of the study had been explain the role and challenge of federalism in promoting
and protecting human rights for those who are unable to understand the relationship between
federalism and human rights and to explain in what condition federalism promotes and protects
human rights. On the other hand, to raise awareness, broaden the knowledge for students about
how federalism and human rights goes together. It also to increase the ability of those individual
who have little knowledge about the link between federalism and human rights in assosa town.
This paper is organized into three chapters. The first chapter deals about introduction and the
second chapter is all about review of related literature and theoretical framework, where as the
third chapter explain deals with research methodology.
Page 6
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
CHAPTER TWO
2. LITERATURE REVIEW
2.1 Introduction
This chapter tries to include federalism, human rights, types of human rights and experiences of
other states in promoting and protecting Human Rights .In the first section federalism, meaning
of federalism will be pointed out from various scholars point of view. The connection between
federalism and human right would be tried to explore. Experiences of other states would be
discussed. An attempt would be made to explain types of human rights based the time of their
appearance and incorporation into documents.
Generally, the purpose of this chapter is to provide a highlight on federalism and human right so
as to understand the Ethiopian federal system and the way in which it promote and protect
human rights.
There has been much scholarly debate about the definition of federalism. However generally
speaking, the term federalism has been used both as normative and descriptive categories for a
certain political institution. In other words, federalism used basically as descriptive or normative
term and refers to multi-tiered government combining element of shared-rule and self-rule in the
presumed combining unity and diversity (Watt, 2008).Federalism is a system of government in
which power is divided between a central authority and constituent political units(Haughtiness
miff in,2011).A Union of states under central government distinct from that of the separate
states, who retain certain individual powers under the central government(Ec and Ism is,2008). A
form of government in which power is held partly by central authority and partly by a number of
regional or state governments (Diagram Group, 2008).
Federalism is a system in which political power is divided between a central government and
smaller units called state or province (World book, 2001). To understand the concept of
federalism in a modern sense it’s important to look the definitions provided by different scholars
Page 7
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
In federation, there are at least two levels of governments (federal and regional) each attributed
with substantive decision making in certain areas (self-rule). Additionally, the federal units are
involved in the decision making at the federal level through representation in a second chamber
of parliament (shared-rule) (UN department of political affairs).
Boundary of territorial entities can be drawn either create territorial entities with ethnically,
linguistically homogeneous population (ethnic federalism) or they can give precedence to other
criteria like geography, demography etc...(Territorial federalism)(Ibid)
2.2.4 Federal state can be created by aggregation or devolution
Independent state come together and aggregate into one federal state (aggregation) and unitary
state introduce federalism by determining federal units and introducing self-rule and shared-
rule(devolution) (Ibid). Raffishness also define federalism as the coming together of semi-
autonomous units for some goal (Assefa, 2007).Federalism also refers to the union of separate
state in which power is divided and shared between a strong union government and strong state
government (Tsegaye, 2009). The researcher tried to explain the link between federalism and
human rights as the following since federalism is about the self-rule and shared-rule and human
rights are those rights each person entitles to simply he or she is a human being. So, federalism
has a great role in promoting and protecting human rights.
Federalism protects human rights against violation of human rights by third parties and promote
by using different institutional mechanisms. The obligation to promote requires a state to adopt
appropriate legislative, administrative, budgetary, judicial promotional and other measures. In
Ethiopia both primary and secondary institutions are responsible for promoting and protecting
human rights. The primary institutions are legislative, executive and judiciary and the secondary
institutions are Ethiopian human rights commission and institution of ombudsman. Ethiopian
Page 8
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
human rights commission is an institution whose promotional tasks appear larger than its
protection task.
This generation of subjective rights is the generation of civil and political rights acquired through
the force of writing and arms (Vasile, 2009).
Once time passed and ideas and concepts of state were developed, political power, right and
freedom, appeared a fight against monarch absolutism, struggle which will be successful, success
expressed by documents with legal as
Through these documents a constitutional nature, were established early forms of limitation of
absolute power in the sense that
There were established safeguard against the introduction of taxes by the king without the
approval of parliament.
Page 9
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
Also have established safeguard against arrest of person had confiscation of assets
without observance procedure of courts.
There were support and declared the freedom of speech, that freedom of thought and the
right to petition.
There were stated principles of individualism, starting from the idea expressed by the
French declaration of human and citizen’s rights in 1789 as the purpose of each political
association is keeping natural and indefeasible human rights (Ibid).
The French declaration of human and citizens’ rights from 1789 contained two new ideas:
1. The new idea that man as an individual benefits of ‘’natural rights, inalienable and sacred’’
including liberty and equality
2. The second idea is that the ‘’purpose of all political association is the preservation of the
natural and indefeasible rights of man’’ (art.2 of the declaration). There are two categories of
rights which the declaration of human and citizens’ rights from 1789 is referring as:
Page 10
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
These rights represents the first generation of subjective rights, and more precisely those rights
that refer to personal autonomy of the individual and the rights that enable citizens participation
in power in a society where ‘’the exercise of natural rights of each man has no limits, than those
which ensure for the other members of society the same rights (Ibid)
At regional level in Europe, there were created legal inclines for protecting these rights: the
system of council of Europe and of European convection of human rights and additional protocol
of this convention (Ibid).
In the category of socio-economic and cultural rights we can identify these categories of rights:
Right to work
Freedom of association
The right to education or learning
The right to insurance for sickness, old age and disability (social
insurance) (Ibid)
These rights come from positive law, as well as from international law (international covenant on
economic, social and cultural). This dedication has not the same coverage, as in the case of first
generation rights, as consecration requires significant effort from the state and so, it is
appropriate to everyone’s prosper. This right, against the first generation of rights requires
institutional support from the state, the first generation of rights can be exercised independently
and singularly. The state must intervene through legislation to create an institutional system that
allows the exercise, for example, of the right to education or retirement. it is estimated that if the
first generation of rights form ‘’free status’’ , social economic rights are related to the ‘’social
status’’ of the individual. In the system of rights that belong to the second generation and
Page 11
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
protected by the European convention of human rights, additional protocols to this convention
and the European social charter includes
In this category we can identify the so called ‘’solidarity rights’’, rights which cannot be exerted
only by an individual, but only collectively like:
These rights have a positive consecration, generally in humanitarian law. The rights in this
category cannot be exerted individually, but only groups or collectives of people. This generation
of rights requires not only the need to create institutional support by the state, but, as in the case
of second generation of rights, they need to restrict the first generation of rights, through a so
called ‘’positive discrimination’’ in the sense that these rights, like rights of any minority, require
a limitation of first generation of rights (Ibid).
2.4 Connection between Federalism and Human Rights Promotion and Protection
The relation between federalism and protection of human right federation the strict sense but in
all compound states that consist of two level of governance each having substantial powers and
enjoying true autonomy in relation to the each level of government can take positive as well as
negative measure in respect to human right negative, in exercising out power in ways that
restrict the benefit of right positive, in so far as each level of government is able to adopted
constitutional and legislative instruments aimed at protecting the enjoyment of right thus, we
shall examine in enter effects that federalism has on the protection of right and freedoms, where
Page 12
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
we shall see that the division of power that characterises federalism has mostly albeit not only
beneficial consequence for the protection of the right of individual and minority; and the effects
of protecting right and freedoms through a national bill of right and judicial review for the
balance of power in a federation as we shall see, judicial review by federal court under a national
constitutional instrument can lied to more centralization of powers as well as to more legal
standardization, both impinging on the values of federalism.
Different forms of government have different impact on the protection of the rights of the
persons and groups within government’s jurisdiction. Forms of government can contribute to
violence and disintegration or to peace and progress, federalism like other forms of government
structure, has underlying assumptions about the nature and character of government which then
shape its political objectives.
The researcher believes it is worth asking whether the political objectives of federalism serve to
promote or undermine the protection of rights. As emerging democracies are attempting to draft
constitution that combines effective government, recognition of cultural and religious diversity
within their populations and protection of individual and group rights, federalism and other type
of federal arrangements are among the options from which those new nations can choose. The
researcher believe protection of rights, which is increasingly associated in the international
community with the establishment and cultivation of democratic institutions and values will
improve.
2.5 Other Countries Experience of Federalism and Human Right Promotion and Protection
Under this section federalism and human promotion and protection experiences of Nigeria,
Switzerland and Belgium are examined. Those countries are selected based on similarities with
Ethiopia interim's of diversity. Nigeria is developing African country which has experienced two
types of federalism (Ethnic and Geographic) with in half century and it might have something
improvement erudition to Ethiopia. Switzerland has said to experienced one of the world’s
successful federal system in accommodating diversity. Belgium has unique form of federal
system that has two federal structures (geographic and ethnic) at the time. Belgium and
Ethiopian federal system are similar with regard to their transformation from unitary to federal
system, hence their experience are relevant to Ethiopia.
Page 13
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
Human rights in Nigeria are protected under the most current constitution of 1991.Nigeria has
made serious improvements in human rights under this constitution although human rights have
always enjoyed some measure of recognition and protection in Nigeria, even in traditional
societies that existed prior to the advent of colonialism, the scope of this rights and the extent of
their enjoyment has always been limited(World report,2015).As the primary mandate for the
implementation of human rights lies with states, it is advocated that government should embark
on necessary constitutional and institutional reforms in order to achieve the goal of human rights.
Specifically, all necessary legislative, judicial and administrative measures should be taken in
order to prevent, prohibit and eradicate all anti human rights legislation, policies and practices
(H.stein, 1948).
Switzerland is signatory to all relevant human rights instruments. It is also depository state of the
Geneva conventions and the place where several human rights related NGO's were established or
Headquarters, including the Red Cross, the United Nations Human Rights Council, of which
Switzerland is member and which it was instrumental in establishing, has its seat in Geneva.
Respect for human right and the promotion of democracy is also one of the five official policy
goals of Switzerland (2015, report on Switzerland human rights).
According international observers, human rights in Belgium are generally respected and the law
and judiciary provided effectively means of addressing individual instances of abuse. Capital
punishment in Belgium is fully abolished and prohibition on the death penalty included in the
Belgium constitution .Belgium was a founding member of European Union and the Council of
Page 14
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
The responsibility for the respect, the protection and the implementation of human rights
primarily rests with the state. The promotion and protection of human rights is priority for
Belgium, both at the national level and in the relations with other countries. Some priority
themes in the area of human rights as highlighted by Belgium are: The abolishing of the death
penalty, the protection of women, children, and defenders of human rights and so on
(WWW.ochre.org)
Page 15
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
CHAPTER THREE
3. RESEARCH METHODOLOGY
Assosa is a town and the administrative center of the assosa Zone for the north-western Nations,
Nationalities and Peoples' Region (assosa), of Ethiopia. Geographically assosa town lies 37°
34ʹ31" E to and 10ʹ04"N. The town is located on the main road from Addis Ababa to ambo with
a distance of 99 km from the country capital Addis Ababa. This town lies in a latitude and
longitude of 10°04′N 34°41′E and an elevation between 1570m (5150ft).
Regarding the research design the researcher would use both qualitative and quantitative types of
research design. Under qualitative design it was help to identify and describe the role and
challenge of federalism in promoting and protecting human’s rights in assosa town. The
researcher would be use qualitative research approach to elaborate the collected data through
descriptive data analysis and the researcher use quantitative approach because the study is
somewhat descriptive in its nature and the data processing would be percentage.
The study would be targeted assosa own administration employee or officials and the residents of
the town. Because official of assosa town administration has more knowledge about the role and
challenge of federalism in the promoting and protecting humans rights in assosa town
administration and residents of the town.
Page 16
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
In this study purposive sampling technique was applied. Purposive sampling is types of non-
probability sampling technic and the researcher choose the sample based who think appropriate
for their study. When this sampling technic applied in limited number of population beside this
sample of research are public servants. Purposive sampling is important in order to obtain
relevant information from skilled and knowledgeable respondents.
According to Lothario C, R. (2004, p.152), sampling is the selection of some part of an aggregate
study population. In other words, it is the process of acquiring information about a whole
population by investigating only a part of it. It is used to save time and money and is less
expensive than a census study can produces the outcomes at a relatively faster speed.
In assosa e town there are 35,925 female and 35,795 male populations respectively. The total
population in assosa town is 69,720, based on 2022 census. In the town there are permanent and
contract employees 584 female employees and 1029 male employees respect the total is1613
employees in the town. The total employees are 219, from those the researcher was selected 24
key respondents from the town by using interview and questionnaire because to get detailed
information about the role and challenge of federalism in promoting and protecting of human
rights in assosa town administration. Because the population is very large in this case the
research would be takes sample rather than census. The researcher would be used to distribute
questionnaire by simple random sample.
Data collection plays a decisive role in the statistical analysis. In research, there are different
methods to gather the necessary information, all of which fall into two categories, i.e., primary
and secondary data. The primary data is the data which is collected for the first time by the
researcher directly, whereas the secondary data is the data which is already collected or produced
by the others (Oluwatosin Victor, 2017, p. 2).
Page 17
THE PRACTICE OF FEDERALISM IN PROMOTING AND PRTOTECTING HUMAN RIGHT IN ASSOSA TOWN
3.7.1 Questionnaire
Questionnaire is the most important approach through which the primary data can be gathered
from the respondents. It is quite popular and being adopted by the private individuals, research
workers, private and public organizations and even by the governments. The questionnaire is
comprise of a number of questions printed or typed in a definite order on a form or set of forms
(Lothario, 2004, p.100). Hence, questionnaires were organized into open and close-ended
structure. In order to minimize the difficulties which the respondents may feel in understanding
of the questions, clarification was given to the respondents by the researcher.
3.7.2 Interview
In the study, to select key informants, the researcher was employed purposive sampling since it
involves the identification of who are the major stakeholders; who are involved in designing,
giving, receiving, or administering the program or public service being evaluated, which might
otherwise be affected by it (Plays T., 2008, p. 697-8).
The researcher would be used descriptive analyzing methods. Both qualitative and quantitative
data used to interpret and to analysis this finding. Qualitative methods would be used to interpret
data processed and analyze by applying narration and description form. The analysis was carried
out by selecting the central ideas of the document by organizing as topics and sub topics, and
quantitative was also used analyzed data by using table, percentages, and frequencies.
Before collecting the data, the researcher explained to the respondents about the objective of the
study and how the findings of the study would help themselves and the country at large. During
the collection of data, there was some ethical issues that get considerations such as care for the
confidentiality, avoidance of coercion, patience and respecting for the culture and personality of
the respondents and writing their name is optional in order to save their privacy and this
contributes for acquiring more accurate information as the respondents feel free while giving
their opinions.
Page 18