1. Introduction
1.1. Background of the Study
We are witnessing a global surge in constitution-making. With nearly 200 national constitutions currently in force, more than half have been drafted or revised within the last 25 years. This wave of constitutional change has become a defining feature of modern democratic evolution
. In pursuit of democratic legitimacy often essential for international recognition and access to global political, financial, and trade networks new states and transformative regimes prioritize constitution drafting
| [21] | Hatchard, J., Ndulo, M., & Slinn, P. (2004). Constitutionalism and good governance in the Commonwealth: An Eastern and Southern African perspective. |
[21]
. Over recent decades, constitution-making and reform have surged, revealing a shift in how societies perceive their role and significance
| [24] | Marume, S., Jubenkanda, R. R., Namusi, C. W., & Madziyire, N. C. (2016). An analysis of essential elements of the state. International Journal of Engineering Science Invention, 5(3), 24-28. |
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. Some modern constitutions symbolize a break from past eras and the emergence of new social forces, such as in post-Soviet Eastern Europe. Others reflect pressures to democratize, stemming from dissatisfaction with or collapse of authoritarian systems as seen in Thailand, Brazil, Argentina, and Mozambique
| [20] | Johari, J. (2006). New comparative government: A concise study of domestic politics around the world. New Delhi: Lotus Press. |
[20]
. Constitutional reform has also frequently followed the resolution of long-standing internal conflicts, where stalemates led to negotiated settlements often with international mediation in places like South Africa, Northern Ireland, Afghanistan, Iraq, Bosnia and Herzegovina, and Sudan. In nearly all these instances, constitutions underscore democratic values, uphold constitutional governance, and include comprehensive bills of rights. Fundamentally, a constitution holds a unique status as a nation’s supreme legal framework, outlining political structures and defining relationships between governmental organs and citizens
| [20] | Johari, J. (2006). New comparative government: A concise study of domestic politics around the world. New Delhi: Lotus Press. |
[20]
.
A constitution is far more than a legal framework outlining governmental structures and roles it is a profound reflection of a nation’s identity
. It encapsulates the aspirations, ideals, and shared values that unify its people and restrain its rulers. Beyond shaping governance, it guides societal growth across generations
| [14] | Ghai, Y., & Cottrell, J. (2007). Constitution making and democratisation in Kenya (2000-2005). Democratisation, 14(1), 1-25. |
[14]
.
The global political landscape, constitutions serve as custodians of both internal coherence and external sovereignty acting as the lifeblood of state functionality
| [9] | Elkins, Z. (2009). The endurance of national constitutions. Cambridge University Press. |
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. They define the foundational rules that govern political engagement, promoting stability, justice, and progress
| [32] | Scheppele, K. L. (2008). A constitution between past and future. William & Mary Law Review, 49, 1377-1406. |
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. To thrive, modern states must establish enduring constitutional orders that foster development and combat systemic issues like poverty, disease, and inequality while upholding the rule of law and equal rights for all
| [29] | Paul, J. C. N. (2000). Ethnicity and the new constitutional orders of Ethiopia and Eritrea. In G. Andrews (Ed.), Autonomy and ethnicity: Negotiating competing claims in multi-ethnic states (pp. 189-209). Cambridge University Press. |
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. According to
| [19] | International IDEA. (2014). Rule of law and constitution building: The role of regional organizations (ISBN 978-91-87729-63-8). Printed in Sweden. |
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, countries that successfully uphold constitutional governance often lead in innovation, economic strength, cultural growth, and overall human welfare. In contrast, those that struggle to maintain constitutional order tend to fall short in achieving their full developmental promise. A democratic constitution goes beyond merely instituting democratic governance it must also emerge through an inclusive, democratic process
| [27] | Mugwanya, G. (2001). The legitimization of the constitution-making process in Uganda. In G. Hyden & D. Ventor (Eds.), Constitution making and democratization in Africa (pp. 162-176). African Institute of South Africa. |
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. This evolution affirms a moral imperative for public participation, rooted in democratic values and norms
. The demand for public participation in constitution-making stems from the conviction that shared authorship fosters a vital sense of ownership. Without this, citizens may struggle to grasp, uphold, or adhere to the principles of constitutional governance
| [4] | Bekalu, M. (2015). The move towards a developmental state in FDRE: The role of intergovernmental relation (IGR) for its implementation preserving the autonomy of regional states. |
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. From 1991 to 1995, Ethiopia encountered a significant chance to reimagine and redefine its national framework
| [13] | Getachew, B. (2019). Good governance with checks and balances in Ethiopia. International Center, Michigan State University. |
[13]
. This period culminated in the adoption of a new constitution by the Constitutional Assembly on December 8, 1994, which officially took effect in 1995 whether seen as a bold stride or a missed opportunity
| [37] | Ararssa, T. R. (2016). Ethiopia’s constitution: Fractured legitimacy & the urgency of constitutional transfiguration. Journal of African Constitutional Law, 24(3), 322-347. |
[37]
.
1.2. Statement of the Problem
As the supreme legal authority, the constitution establishes the foundational structure that governs how a state formulates and implements its laws and policies
| [20] | Johari, J. (2006). New comparative government: A concise study of domestic politics around the world. New Delhi: Lotus Press. |
[20]
. A constitution plays a fundamental role in maintaining political order by channelling political activity through structured institutions and widely accepted procedures
| [14] | Ghai, Y., & Cottrell, J. (2007). Constitution making and democratisation in Kenya (2000-2005). Democratisation, 14(1), 1-25. |
| [15] | Ghai, Y. (2005). A journey around constitutions: Reflections on contemporary constitutions. South African Law Journal, 122(4), 804-831. |
[14, 15]
. It serves as a benchmark for assessing the legitimacy of actions taken by both the state and private individuals. Beyond legal functions, it also carries ideological weight, promoting the core values it seeks to uphold. Establishing democracy through constitutional means is a complex task, especially as many modern conflicts centre on debates over state design making the constitution a focal point in national disputes
| [41] | Ghai, Y., & Galli, G. (2006). Constitution-building processes and democratization. International Institute for Democracy and Electoral Assistance. |
[41]
. So how does a constitution secure democratic ideals and practices?
One-third of Ethiopia’s FDRE Constitution is devoted to human rights, illustrating its deep commitment to individual dignity and democratic values. It safeguards essential liberties such as the right to life, privacy, property, and protection from cruel treatment including humane conditions for those incarcerated (FDRE, 1995). Citizens are guaranteed equality, freedom of movement, honor, and protection regardless of ethnicity, religion, or race
. These rights play a crucial role in healing past injustices and advancing democratic aspirations, particularly in a multi-ethnic society
| [28] | Kassahun, M. (2018). The relationship between the federal and regional states’ constitutional review system in Ethiopia: The case of Oromia. Ethiopian Constitutional Law Review. |
[28]
. The Constitution also affirms political rights such as voting, candidacy, and freedom of expression, association, and press (FDRE Constitution, Articles 31 & 38). It extends beyond individual protections to recognize collective “group rights,” most notably in Article 39. This provision empowers communities to preserve their languages, cultures, and histories serving both as a form of justice and a pathway to inclusive governance
| [22] | Arriola, L. R. (2011). Countries at the crossroads 2011: Ethiopia. |
[22]
. Nevertheless how many these rights are implemented; is under questioned.
According to
| [34] | Shimelis, K. (2015). Democracy and good governance post-1991 in Ethiopia. International Journal of Political Science and Development, 3(4), 174-182. |
[34]
, Ethiopia’s political landscape prior to 1991 was marked by authoritarianism and passive citizen compliance with state power. The introduction of the FDRE Constitution in 1995 represented a significant shift, enshrining democratic principles and a Bill of Rights that promises freedom, equality, and social justice. This post-1991 legal framework, supported by subsequent laws and development programs, laid the foundation for democratization in Ethiopia. As in many African nations, Ethiopia’s constitutional transformation in the 1990s aimed to heal the wounds of previous regimes and bring stability amid political turbulence
| [13] | Getachew, B. (2019). Good governance with checks and balances in Ethiopia. International Center, Michigan State University. |
[13]
. However, despite being in place for over 27 years, the FDRE Constitution has not resolved many of the country’s underlying political risks some of which have worsened over time
| [28] | Kassahun, M. (2018). The relationship between the federal and regional states’ constitutional review system in Ethiopia: The case of Oromia. Ethiopian Constitutional Law Review. |
[28]
. History shows that constitutions don’t always serve democratic ends. Often, they have been tools of authoritarian control. In several countries, constitutional documents remain largely symbolic, lacking real influence or public trust
| [11] | Fombad, C. (2014). Constitution-building in Africa: The never-ending story of the making, unmaking, and remaking of constitutions. Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, South Africa. |
[11]
.
There are diverging scholarly opinions regarding Ethiopia's FDRE Constitution. Some critics assert that the Constitution itself is a source of ongoing political unrest, citing its failure to represent all nations, nationalities, and peoples of Ethiopia equitably. According to these voices, rather than fostering unity, the Constitution has exacerbated fragmentation and instability. Conversely, scholars like
| [37] | Ararssa, T. R. (2016). Ethiopia’s constitution: Fractured legitimacy & the urgency of constitutional transfiguration. Journal of African Constitutional Law, 24(3), 322-347. |
[37]
contend that the FDRE Constitution was fundamentally a peace-building accord, crafted to reimagine Ethiopia’s political future. They view it as a democratic blueprint a deliberate departure from historical oppression designed to usher in respect for human rights, equality, and the right to self-determination.
1.3. Significance of the Study
By examining the roles of FDRE constitution in democratisation process in Ethiopia and its limitation in Somali regional state the study could provide the following significances: First and for most, The study contributed to gives adequate information and fills the knowledge gap about the roles of the current FDRE constitution in democratisation process and its limitation in the region.
1.4. Research Questions
1. What are the roles of FDRE constitution in democratization process in Somali regional state?
2. Does the constitution answer the questions of Somali people?
3. What are the limitations of FDRE constitution in Somali regional state?
1.5. Objectives of the Study
1.5.1. General Objective
The general objective of the study is to analyse the role of constitution in democratization process and its limitation in Ethiopia: the case of Somali regional state.
1.5.2. Specific Objectives
To analyse the role of constitution in democratization process in Somali regional state.
To evaluate how much the constitution answered the question of people in Somali regional state.
To analyse the limitation of the constitution in Somali regional state.
2. Literature Review
2.1. Understanding Constitution
While its sense and meaning differs across centuries; the word constitution has ancient origin. In its ancient conception ‘constitution’ means a particular legislation the word used to distinguish such legislations from ancient customs
| [41] | Ghai, Y., & Galli, G. (2006). Constitution-building processes and democratization. International Institute for Democracy and Electoral Assistance. |
[41]
. But in its modern sense constitution mean a special type of legislation or a fundamental and supreme law. Constitution took its modern form around the end of 18
th c. following the adoption of USA and France constitutions. Thomas Paine (the famous political philosopher, who lived in time of adoption of USA and France constitutions around the end of the 18
th century) had argued that constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right. According to him, constitution is a thing antecedent to a government; and a government is only the creature of a constitution
| [35] | Sinani, B. (2014). A critical-legal overview of the concept of constitution as the highest legal-political act of the state in the light of constitutional-juridical doctrine. Constitutional Law Review. |
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.
There are different models of constitutions; this classification of constitutions rest upon the relationship between the contents of the constitutional document and the fundamental character or form of the polity it is designed to serve
| [30] | Pierson, C. (2004). The modern state (2nd ed.). Routledge. |
[30]
. Based on this Elazar (1985) identified five models of constitution such as, the constitution as frame of government and protector of rights; the constitution as code; the constitution as revolutionary manifest; the constitution as (tempered) political ideal and the constitution as a modern adaptation of an ancient traditional constitution. In essence, most third world constitutions (which are political ideal) are designed to present and ideal picture of the institutional framework of the proper polity while simultaneously reflecting the charter of already rooted power systems and the details of rule by the current power-holder.
2.2. Democratization Process in Ethiopia
Following the collapse of the Derg regime and the conclusion of a devastating civil war, Ethiopia was gripped by a nationwide and international yearning for peace, democracy, and rule of law. Responding to this urgency, a peace and democracy conference was held on July 1, 1991, in line with the agreements reached at the U.S.-brokered London Peace Conference
| [25] | Merera, G. (2004). Ethiopia: Constraints to transition and democratization. In G. Nhema (Ed.), The quest for peace in Africa: Transformation, democracy, and public policy (pp. 234-257). OSSREA. |
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. The outcome of this historic gathering was the formulation of a Transitional Period Charter, effectively serving as an interim constitution. Under this charter, a Council of Representatives was created to lead the country until democratic elections could install a permanent government. The Transitional Period Charter of 1991 laid a foundational legal framework for Ethiopia’s journey toward democratization. It introduced progressive principles that reflected the country’s emerging commitment to liberal governance after years of conflict and authoritarian rule (Transitional Period Charter, 1991).
In line with its democratization vision, the Transitional Period Charter (TPC) of 1991 formally recognized the right to self-determination for Ethiopia’s nations, nationalities, and peoples. This right encompassed; the preservation and respect of cultural identity, Authority to govern their own affairs and the option to pursue independence, should these rights be violated or revoked (Transitional Period Charter, Article 2: a, b, & c). This pivotal principle was later entrenched as Article 39 in Ethiopia’s 1995 Constitution, providing a more detailed and permanent legal foundation for self-determination. According to
| [34] | Shimelis, K. (2015). Democracy and good governance post-1991 in Ethiopia. International Journal of Political Science and Development, 3(4), 174-182. |
[34]
, the democratization process following the adoption of the FDRE Constitution reflects both promise and tension. Although the Constitution aimed to advance equality, autonomy, and human rights, it also introduced challenges related to political fragmentation, interethnic relations, and constitutional interpretation issues that continue to shape Ethiopia’s democratic trajectory.
2.3. The Role of Constitution in Democracy
A constitution enjoys a special place in the life of any nation
. In political science, the non-existence of well-ordered society without state is one of the celebrated maxims; similarly it is to be believed that there can be no state without a constitution. In the 21
st century almost all states of the world have their own constitutions
| [20] | Johari, J. (2006). New comparative government: A concise study of domestic politics around the world. New Delhi: Lotus Press. |
[20]
. Constitutions serve as the foundational framework and principal guardian of the rule of law within a nation. They offer a structured blueprint for how lawful governance should operate, while simultaneously empowering and legitimizing the institutions responsible for upholding and enforcing legal norms and democratic principles
| [19] | International IDEA. (2014). Rule of law and constitution building: The role of regional organizations (ISBN 978-91-87729-63-8). Printed in Sweden. |
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.
A constitutional democracy is a political system where the people directly or indirectly shape governance through elections, and where all governing powers operate within boundaries established by a supreme constitutional framework
| [11] | Fombad, C. (2014). Constitution-building in Africa: The never-ending story of the making, unmaking, and remaking of constitutions. Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, South Africa. |
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. The constitution not only delineates the structure and limits of government authority but also derives its legitimacy from the people, who are its ultimate source
. As
| [43] | Zewiddu, M. (2016). The role of democracy, good governance, and rule of law to enhance sustainable development: The Ethiopian experience. Academia. |
[43]
highlights, this form of democracy contributes to global justice in two significant ways: It ensures a consistent and impartial application of the rule of law, preventing governance based on personal whims or unchecked power. It imposes constitutional constraints on majoritarian rule, safeguarding minority rights and preventing democratic tyranny
| [15] | Ghai, Y. (2005). A journey around constitutions: Reflections on contemporary constitutions. South African Law Journal, 122(4), 804-831. |
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. For justice to be universal there must be a global constitutional order a framework that enshrines and enforces human rights across nations. The FDRE Constitution explicitly guarantees political freedoms, including: The right to vote and stand for election, Freedom of association, Freedom of the press (FDRE Constitution Articles 31 and 38, 1995). Beyond these individual liberties, the Constitution also enshrines collective rights, especially under the renowned and often debated Article 39. This article outlines an extensive set of rights granted to Ethiopia’s various nations, nationalities, and peoples, such as:
1. The right to develop and use one’s language in writing and speech.
2. The freedom to preserve, promote, and express cultural heritage and historical identity.
3. The authority to establish self-governing institutions in the regions they inhabit.
4. The guarantee of fair representation at both federal and regional levels (FDRE Constitution, 1995.
The FDRE Constitution enshrines vital social and economic rights for Ethiopian citizens, particularly through Articles 41 and 43. Among these is the right to participate in national development, which includes being consulted on policies and projects that impact local communities. A cornerstone of Ethiopia’s constitutional human rights framework is its alignment with international legal standards: one All rights must be interpreted in accordance with the Universal Declaration of Human Rights (UDHR). Second International and regional human rights conventions ratified by Ethiopia are considered an integral part of the Constitution. To give practical effect to these rights, the Constitution mandates the creation of appropriate institutional mechanisms:
1. The House of Peoples’ Representatives (HPR) is tasked with establishing the National Human Rights Commission and the Ombudsman Institution.
2. These bodies are empowered to investigate human rights violations and maladministration, respectively. Although their establishment was delayed, both institutions were finally inaugurated in 2000, marking a significant step toward institutionalizing rights protection, democratic governance, and accountability in Ethiopia
.
The Ethiopian Human Rights Commission (EHRC) was founded with the core mandate of safeguarding the human rights guaranteed by the FDRE Constitution. As one of the state’s enforcement organs, its principal function is to advocate for and enhance public understanding and respect for human rights. This includes raising awareness about the nature and scope of those rights among Ethiopian citizens (FDRE Negarit Gazet, 2000). As emphasized by
| [26] | Mohammed, H. (2010). The Ethiopian federal system: The formative stage. Friedrich-Ebert-Stiftung, Addis Ababa, Ethiopia. |
| [34] | Shimelis, K. (2015). Democracy and good governance post-1991 in Ethiopia. International Journal of Political Science and Development, 3(4), 174-182. |
[26, 34]
, the EHRC is not just a reactive body it plays a proactive role in building national commitment to human rights, democracy, and accountability.
In a continued effort to bolster human rights, Ethiopia established the Institution of Ombudsman through Proclamation No. 211/2000. This body plays a critical role in upholding constitutional rights by addressing administrative injustices and bureaucratic abuse, and by offering citizens a clear avenue for lodging complaints when such violations occur (FDRE Negarit Gazet, 2000). Its mandate compels government entities to honor and implement the human rights provisions outlined in the FDRE Constitution and other relevant laws. The Ombudsman is empowered to investigate actions taken by ministries, departments, or their personnel making it particularly important for tackling workplace-based human rights violations.
2.4. Key Phases in Ethiopia’s Constitutional History
1931 Constitution (First Modern Constitution) Emperor Haile Selassie introduced this document to centralize authority and modernize governance. Inspired by Japan’s Meiji Constitution, it reinforced imperial power and laid the groundwork for Ethiopia's bureaucratic state.
1955 Revised Constitution expanded the rights of citizens and included symbolic gestures toward modernization, such as the introduction of a parliament. However, real power remained with the emperor, and political pluralism was virtually absent.
1987 PDRE Constitution under the Marxist Derg regime, Ethiopia adopted this constitution, declaring the country a socialist state. It introduced state ownership of land and centralized planning, but lacked legitimacy due to political repression and authoritarian rule
| [42] | Zewde, B. (2001). A history of modern Ethiopia: 1855-1991 (2nd ed.). Oxford University Press. |
[42]
.
1995 FDRE Constitution (Current) Instituted by the Ethiopian People's Revolutionary Democratic Front (EPRDF), it marked a major shift. Ethiopia became a federal republic based on ethnic lines. Key features include:
1. Recognition of over 80 ethnic groups.
2. Right of “nations, nationalities, and peoples” to self-determination, including secession.
3. Parliamentary democracy and fundamental human rights.
2.5. FDRE Constitution
Following the political upheaval of 1991, the Ethiopian People’s Revolutionary Democratic Front (EPRDF) initiated the drafting process for a new constitution, which culminated in its adoption by 1994
. The foundation for this constitutional transformation was laid during the transitional phase from 1991 to 1995, during which governance was temporarily regulated by the Transitional Period Charter a concise, provisional document comprised of fewer than 20 articles. Rather than a traditional constitution, the Charter functioned as a negotiated agreement among various ethno-nationalist liberation movements. These groups, having overthrown the previous regime through armed resistance, positioned themselves as “peace-loving and democratic forces”
| [37] | Ararssa, T. R. (2016). Ethiopia’s constitution: Fractured legitimacy & the urgency of constitutional transfiguration. Journal of African Constitutional Law, 24(3), 322-347. |
[37]
. This constitution introduced several changes on the political history of the state. As stated under the first paragraph of the preamble, the constitution is adopted for ‘
full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development’.
The process of making the constitution, the contents and contexts of the constitution are remaining debatable. The constitution making process for the government patronage groups was inclusive and participatory. Whereas, for many others the constitution making process was not inclusive and participatory. To this
| [29] | Paul, J. C. N. (2000). Ethnicity and the new constitutional orders of Ethiopia and Eritrea. In G. Andrews (Ed.), Autonomy and ethnicity: Negotiating competing claims in multi-ethnic states (pp. 189-209). Cambridge University Press. |
[29]
, stated that “
there was little meaningful public participatory debate, especially debate focused on devolution versus ethnic federalism, let alone sovereignty or self-determination, opposition parties withdrew. Instead of debating the content of the constitution, they denounced the legitimacy of the whole project” | [29] | Paul, J. C. N. (2000). Ethnicity and the new constitutional orders of Ethiopia and Eritrea. In G. Andrews (Ed.), Autonomy and ethnicity: Negotiating competing claims in multi-ethnic states (pp. 189-209). Cambridge University Press. |
Tsegaye
| [38] | Regassa, T. (2010). The making and legitimacy of the Ethiopian constitution: Towards bridging the gap between constitutional design and constitutional practice. Ethiopian Constitutional Law Review. |
[38]
also tried to indicate the disagreement on the constitution and say “there were times when it was said that the constitution is nothing more than the program of the party in power. As he stated the interview of old and retired TPLF members with the VOA Amharic…“that the constitution is nothing more than TPLF program”, this is a sentiment shared by many “opposition” politicians.
3. Research Methodology
3.1. Research Method
This study designed to examine the role of FDRE constitution in democratization process in Somali regional state. The qualitative research approach allows digging deep into context, meaning, subjective experience and other phenomena
| [6] | Creswell, J. W. (2012). Educational research: Planning, conducting, and evaluating quantitative and qualitative research (4th ed.). Boston: Library of Congress Cataloging-in-Publication. |
[6]
. Qualitative research by its nature is multi-dimensional which involves interpretation of a subject matter to the given context. As
| [7] | Creswell, J. (2007). Qualitative inquiry and research design: Choosing among five approaches. London: SAGE Publications. |
[7]
, mentioned that; qualitative research is an approach to be used for exploring and understanding the meaning individuals or groups ascribe to a social or human problem.
3.2. Research Design
Research design is the structured plan that brings together the various elements of a study in a coherent and methodical manner, ensuring that the investigation effectively tackles the central research question. Case study design entails a detailed and in-depth examination of a specific individual, group, or institution with the goal of producing a comprehensive and accurate understanding of the selected case
| [12] | Geoffry Marczyk, D., Dematteo, D., & Festinger, D. (2005). Essentials of research design and methodology. Hoboken, NJ: John Wiley & Sons, Inc. |
[12]
. This methodological approach is particularly valuable for generating deeper insights and for building generalizable concepts by merging established theoretical frameworks with fresh empirical evidence
| [7] | Creswell, J. (2007). Qualitative inquiry and research design: Choosing among five approaches. London: SAGE Publications. |
[7]
. Accordingly, to explore the research objectives related to the influence of the FDRE Constitution on Ethiopia’s democratization process, the case study design was deemed appropriate and employed by the researchers to uncover nuanced perspectives on the subject.
3.3. Sampling Techniques
Sampling represents a critical component of any research design
| [10] | Flick, U. (2007). Designing qualitative research. London: SAGE Publications. |
[10]
. In the context of purposive sampling, researchers deliberately choose participants and research sites based on their relevance to the central phenomenon under investigation
| [7] | Creswell, J. (2007). Qualitative inquiry and research design: Choosing among five approaches. London: SAGE Publications. |
[7]
. This selection hinges on the criterion of information richness, ensuring that those chosen can offer meaningful insights into the research problem. The rationale behind employing purposive sampling lies in its capacity to yield comprehensive data through the inclusion of knowledgeable and directly involved individuals. Its inherent flexibility and openness make it particularly well-suited to loosely structured designs and manageable in exploratory studies
| [10] | Flick, U. (2007). Designing qualitative research. London: SAGE Publications. |
[10]
. Accordingly, the researchers opted for purposive sampling, identifying participants who were most qualified to provide nuanced and relevant information aligned with the objectives of the study
| [7] | Creswell, J. (2007). Qualitative inquiry and research design: Choosing among five approaches. London: SAGE Publications. |
[7]
.
3.4. Tools of Data Collection
To carry out the planned objectives of this study, the researchers used different data-gathering instruments depending on their useful or helpful situations. Based on the research objectives, both primary and secondary data sources used in the study. Different scholars stated that “Multiple data collection strategies are more advantageous than single data collection strategy in a research work”. Hence Primary data collected through the use of semi structured interview and FGD those who are concerned. The secondary sources gathered from the relevant literature, books, journal articles, published and unpublished materials, conference papers, and etc.
3.4.1. In-depth Interview
The in-depth interview gives the researcher a first-hand account of the research question at hand
| [8] | Dressel, B. (2011). Strengthening governance through constitutional reform. The Governance Brief, 13, 1-7. |
[8]
. In-depth interviews the researchers prepared semi-structure open ended questions and collet the data from the individual’s by purposive sampling strategy.
3.4.2. Focus Group Discussion (FGD)
The study involved a focus group of six participants, all of whom are faculty members from the Department of Political Science and International Relations at Kabri Dahar University. These individuals were purposefully selected based on their willingness to participate, as well as their expertise and familiarity with the subject matter. To facilitate the collection of rich empirical data, the researchers cultivated an environment that encouraged open dialogue and assured participants that they could share their insights without reservation. Consequently, a Focus Group Discussion (FGD) was employed to obtain diverse perspectives on the role of the FDRE Constitution in Ethiopia’s democratization process, with particular emphasis on its limitations within the Somali Regional State.
3.4.3. Document Analysis
Document analysis constitutes a structured method for reviewing and evaluating both printed and digital. As with other qualitative research techniques, this approach involves systematically examining and interpreting textual data to derive meaning, deepen understanding, and build empirical insights. In this study, the researchers assessed a range of published and unpublished sources-including books, journals, and articles selected for their relevance and reliability in addressing the research objectives.
3.5. Method of Data Analysis
In qualitative research, data analysis is a continuous process that begins the moment data is collected
| [7] | Creswell, J. (2007). Qualitative inquiry and research design: Choosing among five approaches. London: SAGE Publications. |
[7]
. Researchers are empowered to independently interpret the data to achieve the study’s goals and to prepare findings for scholarly use. Among the various qualitative techniques, thematic analysis stands out as a method for uncovering, examining, and reporting recurring patterns within the data
| [6] | Creswell, J. W. (2012). Educational research: Planning, conducting, and evaluating quantitative and qualitative research (4th ed.). Boston: Library of Congress Cataloging-in-Publication. |
[6]
. This approach involves identifying and coding segments of text or visual data that reflect common ideas, allowing researchers to organize content into thematic categories.
In this study, thematic analysis was employed to interpret and clarify the research findings in alignment with its objectives. Primary data were sorted and analyzed according to thematic categories that mirrored the research aims. Additionally, secondary sources including academic articles, books, newspapers, and journals were reviewed, identified, and synthesized to reinforce and broaden the analytical insights.
3.6. Ethical Consideration
The researchers adhered to universally recognized ethical standards throughout the study. They demonstrated respect for the dignity of all participants; ensuring individuals were not merely used as tools to fulfil research objectives. A key ethical practice involved formally acknowledging both the participants and the authors whose work contributed to the research. Gratitude was expressed for their involvement and intellectual input. Furthermore, the researchers upheld a strong stance against plagiarism, taking thorough measures to maintain academic integrity and ensure that the study aligned with but did not replicate the work of others.
4. Discussions and Analysis
4.1. The Role of FDRE Constitution in Democratization Process in Somali Regional State
The FDRE (Federal Democratic Republic of Ethiopia) Constitution plays a significant role in the democratization process in the Somali Regional State of Ethiopia. The constitution and democracy have strong relationships. Constitution has a vital important for democratization process in once country in addition to being a national document the supreme law of the country the FDRE constitution has its own contribution (K). The constitution, as the supreme legal foundation, establishes the guiding framework for the formulation and implementation of state laws and policies. In the context of Ethiopia’s Somali Region, the Federal Democratic Republic of Ethiopia (FDRE) Constitution plays a crucial role in promoting the orderly functioning of the political system. Moreover, it provides a mechanism for resolving conflicts and disputes that naturally arise within the political sphere. The legitimacy of both governmental and private actions is assessed based on the standards and principles enshrined in the constitutional provisions (K). In addition to its legal and structural functions, a constitution serves an ideological purpose by embedding the core values it aims to promote. In Ethiopia’s case, this includes the formal acknowledgment and elevation of ethnic diversity. Historically marginalized ethnic groups were empowered through their transformation into semi-autonomous sub-national entities. This evolution led to the adoption of a written constitution that envisions a federal, secular, democratic republic grounded in human rights, composed of ethno-national units that are equal in status and sovereignty.
The FDRE constitution has the significant role for political institution building, human rights institution and a democratic transformation. It building the following institution such as; establishment of election board, human rights commission and Ombudsman institution (K). The National Election Board of Ethiopia (NEBE) was founded under Proclamation No. 64/1992 with the primary mandate of facilitating the formation of governments through elections that are free, fair, and impartial, in line with constitutional provisions (NEBE, 2015). As an autonomous and legally recognized institution, the Board operates independently to oversee electoral processes. Its establishment represents a foundational element in advancing the country’s democratization efforts. Another notable aspect of the FDRE Constitution is its commitment to safeguarding human rights within the newly formed federal political framework (FGD). The Ethiopian Human Rights Commission (EHRC) is an independent federal institution established under Article 55(14) of the FDRE Constitution through Proclamation No. 210/2000, and later amended by Proclamation No. 1224/2000. Mandated as Ethiopia’s national human rights institution, the EHRC operates under the oversight of Parliament, with the core responsibility of promoting and safeguarding human rights as well as investigating violations across the country. At the regional level, the Commission has actively engaged in rights protection efforts within the Somali Regional State, operating through its dedicated branch office located in Jigjiga (K).
The Federal Democratic Republic of Ethiopia (FDRE) Constitution places significant emphasis on human rights, dedicating approximately one-third of its provisions to the protection and promotion of fundamental freedoms. Among the core rights enshrined are the rights to life, property, and privacy, along with safeguards against inhumane treatment particularly for individuals in custody, including those serving prison sentences (FDRE, 1995). The Constitution also upholds the rights of minority groups, with particular attention to those residing in the Somali Regional State. It explicitly prohibits discrimination on the grounds of ethnicity, religion, language, or other identifiers, thereby ensuring equal treatment and fostering inclusivity and social cohesion within Ethiopia's diverse societal framework.
One of the defining features of the Federal Democratic Republic of Ethiopia (FDRE) Constitution is its emphasis on decentralizing power. The Constitution embraces a framework of decentralization designed to acknowledge and honor the country’s rich cultural, ethnic, and linguistic diversity. This commitment was formally institutionalized in the 1995 FDRE Constitution, particularly through Articles 39 and 55. The adoption of this constitutional order marked a transformative shift toward a decentralized governance model one that promotes local autonomy, encourages institutional development, and fosters peaceful coexistence among Ethiopia’s diverse ethnic communities (K). That means the regional states have the right to self-rule, they are autonomous. All powers not given expressly to the Federal Government alone, or concurrently to the Federal Government and the States are reserved to the States. The FDRE Constitution recognizes the right to self-administration and self-government for regional states, including the Somali Regional State (FDRE, 1995). This allows the Somali region peoples to have a degree of autonomy in managing their own affairs, including political, economic, and cultural matters. The Constitution provides for the establishment of regional governments and the election of regional representatives, enabling the Somali people to participate in decision-making processes that affect their region (K).
The 1995 Constitution marked a pivotal shift in Ethiopia’s governance structure by introducing a new institutional framework centred on the formal decentralization of previously centralized authority. This shift led to multiple stages of enhanced devolution, beginning with the transfer of power to regional states and extending further to Woreda-level administrations reflecting the broader adoption of a federal system. As a result, the Somali Regional State has seen significant autonomy in shaping and implementing economic policies and development initiatives, with authority shifting notably from the federal centre to the regional level. According to key informants, Article 39 of the Constitution holds profound significance for the people of the Somali Region, as it guarantees all Nations, Nationalities, and Peoples the unconditional right to self-determination; including the right to secession an essential element of the Constitution’s ethnically based federal design. And also the constitution declare that Every Nation, Nationality and People in Ethiopia has the right to speak, to write and to develop its own language; to express, to develop and to promote its culture; and to preserve its history (FDRE constitution, 1995). Consequently, the Somali people possess the constitutional right to freely speak, write, and cultivate their own language. They are empowered to express, preserve, and promote their cultural heritage and historical identity. Additionally, they are entitled to a full measure of self-governance, which encompasses the authority to establish governmental institutions within their territorial domain and to ensure fair and equitable representation (FGD). The Constitution promotes genuine self-governance, particularly at the local administrative level. This commitment encouraged the federal government to initiate further devolution of authority to Woreda administrations. As a result, the continued expansion of decentralization has positioned Woredas as pivotal centres for socio-economic development and resource-based autonomy. This framework enhances meaningful local participation in democratic processes and strengthens grassroots engagement. Ultimately, the right to self-rule has played a crucial role in advancing the democratization process at the community level (FGD). The FDRE Constitution promotes representation and inclusivity in the Somali Regional State. It recognizes the diversity of Ethiopia's population, including ethnic and linguistic diversity, and ensures that all citizens, regardless of their background, have the right to participate in the political process. The Constitution guarantees the right to vote and stand for public office, allowing the Somali people to elect their representatives and have a voice in the regional government (K).
The researchers conclude that the FDRE Constitution plays a crucial role in the democratization process in the Somali Regional State by promoting autonomy, representation, protection of minority rights, decentralization, and peaceful conflict resolution. It provides the legal and institutional framework for democratic governance in the region, allowing the Somali people to participate in decision-making processes and shape the development of their region.
4.2. How Much FDRE Constitution Answered the Questions of Somali People
The FDRE (Federal Democratic Republic of Ethiopia) Constitution, as the supreme law of the land, aims to address the needs and aspirations of all Ethiopian citizens, including the Somali people. While it provides a framework for democratic governance and the protection of fundamental rights and freedoms, the extent to which it fully answers the specific questions and concerns of the Somali people can vary.
Furthermore, the FDRE Constitution includes provisions that protect minority rights, ensuring that the rights of ethnic minorities within the Somali Regional State are respected and that they have the opportunity to participate in the political process and be represented in regional institutions. The FDRE constitution is the supreme law of Ethiopia, and it grants the right to self-determination, including secession, to all nations, nationalities, and peoples of Ethiopia. However, this right is constrained by both legal and practical challenges, especially in the Somali regional state, which is one of the most ethnically diverse and conflict-prone regions in the country (FGD). The FDRE Constitution includes provisions that address the concerns of the Somali people to some extent (K). One of the key provisions is Article 39, which recognizes the rights of nations, nationalities, and peoples to self-administration, including the right to secession. This provision aims to safeguard the rights and interests of the Somali people and other ethnic groups in Ethiopia. The constitution grants extensive self-government and self-administration to the regional states, but it also reserves some important functions and duties to the federal government, such as defence, foreign affairs, currency, and taxation
| [5] | Belay, T. S., & Belay, H. S. (2019). The procedure for the creation of new regional states under the FDRE constitution: Some overlooked issues. Mizan Law Review, 13(1), 91-122. |
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. However, the division of power and resources between the two levels of government is not clear and equitable, and the federal government often interferes in the affairs of the regional states, or neglects their needs and demands
| [17] | Gutema, S. (2015). The right to self-determination: Its scopes, faces, and constraints of its enforcement under the FDRE constitution, Ethiopia. International Journal of Constitutional Law, 12(2), 89-110. |
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The constitution guarantees a range of civil, political, economic, social, and cultural rights to all citizens, and establishes a federal system of courts, including a constitutional court, to ensure the respect and enforcement of these rights
| [5] | Belay, T. S., & Belay, H. S. (2019). The procedure for the creation of new regional states under the FDRE constitution: Some overlooked issues. Mizan Law Review, 13(1), 91-122. |
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. However, the reality is that the human rights situation in the Somali regional state is dismal, and the judicial system is weak and politicized. The federal and regional governments have been accused of committing serious human rights violations, such as arbitrary arrests, torture, extrajudicial killings, and displacement, against their opponents and critics, and the constitutional court has not been able to effectively review and adjudicate constitutional disputes and complaints (K).
Additionally, regional constitutions have been established that delegate significant political and economic powers to regions, allowing for greater self-governance
| [3] | Bayu, T. B. (2022). Is federalism the source of ethnic identity-based conflict in Ethiopia? Insight on Africa, 14(1), 104-125. |
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. These regional powers have provided the Somali people with a degree of autonomy and control over their regional affairs. The FDRE Constitution recognizes the diversity of Ethiopia's population, including the Somali people, and guarantees the right to self-determination, which allows regional states to have a degree of autonomy in managing their affairs. This recognition of regional autonomy provides an avenue for the Somali people to address their specific needs and concerns within the framework of the constitution (FGD). Furthermore, the FDRE Constitution acknowledges the importance of cultural and linguistic diversity. It recognizes the Somali language as an official language in the Somali Regional State, ensuring that the Somali people can use their language in official communications and public services. This recognition helps to preserve and promote the cultural identity of the Somali people (K). Some may argue that the constitution has provided a legal framework and a political opportunity for the Somali region people to exercise their right to self-determination and to participate in the federal system. Others may contend that the constitution has failed to address the historical grievances and the current challenges of the Somali region people, and that it has been violated and manipulated by the federal and regional governments (FGD). Ultimately, the success of the constitution depends on how it is implemented and interpreted in practice and how it is accepted and respected by the people
| [18] | Hagmann, T., & Khalif, M. H. (2008). State and politics in Ethiopia's Somali region since 1991. Bildhaan: An International Journal of Somali Studies, 6(1), 6-29. |
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and
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However, the FDRE Constitution may not fully address all the specific questions and concerns of every individual or community. The implementation and interpretation of the constitution, as well as the effectiveness of governance structures, play a crucial role in ensuring that the needs and aspirations of the Somali people, and all Ethiopian citizens, are adequately addressed. The extent to which the FDRE Constitution has addressed the specific questions and concerns of the Somali people may vary. Some scholars argue that further amendments may be necessary to address the challenges and aspirations of different ethnic groups, including the Somali people.
4.3. The Limitations of FDRE Constitution
The Constitution of the Federal Democratic Republic of Ethiopia (FDRE) stands as the nation’s highest legal authority, establishing a federal governance structure composed of nine regional states and two chartered city administrations. It enshrines the right to self-determination including the possibility of secession for all Nations, Nationalities, and Peoples of Ethiopia. Despite its progressive framework, the Constitution encounters notable challenges in both implementation and interpretation. These issues are especially pronounced in the Somali Regional State, a region characterized by its ethnic diversity and recurrent socio-political tensions (FGD).
A key limitation of the Federal Democratic Republic of Ethiopia (FDRE) Constitution lies in its limited implementation. Although the 1995 Constitution formally affirms citizens' right to private property ownership, it places restrictions on land ownership by designating rural and urban land as collective property of the nation's ethnic groups, thereby prohibiting its sale. While the Constitution guarantees access to land for farmers and pastoralist communities, these rights remain inadequately enforced. In lieu of land privatization an approach advocated by some international donors and domestic stakeholders the government has launched expansive registration and certification initiatives aimed at enhancing land tenure security and facilitating informal transfers in rural areas. Additionally, efforts have been made to decentralize and simplify land transfer procedures to strengthen local governance over land-related matters. The judicial system, however, lacks both the capacity to properly enforce property rights and the resources to resist corruption (K).
Although the 1995 Constitution formally outlines the principle of separation of powers assigning the judiciary a pivotal role in impartially resolving disputes, upholding the rule of law, and limiting governmental overreach the practical balance among the three branches of government has proven problematic
| [39] | Regassa, T. (2004). State constitutions in federal Ethiopia: A preliminary observation. Bellagio Conference Summary, March 22-27, 2004. |
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. In particular, the legislative branch has attempted to curtail judicial authority by transferring certain legal responsibilities to quasi-judicial entities housed within the executive. This structural shift has weakened the independence of the judiciary, which has also struggled to effectively hold the executive accountable and ensure that its actions remain within constitutional boundaries (K). The prevailing assessment suggests that Ethiopia’s judiciary has yet to fully articulate its institutional role, properly interpret the doctrine of separation of powers, or establish itself as a robust mechanism for the enforcement of human rights
| [2] | Aman, S. G. (2014). Compatibility of state constitutions with the FDRE constitution: The case of Oromiya and Benishangul-Gumuz regional states. Ethiopian Constitutional Law Series. |
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. Compounding these institutional challenges is the rigidity of the Federal Democratic Republic of Ethiopia (FDRE) Constitution, which renders the amendment process highly complex. Several provisions within the Constitution remain deeply contentious including the unconditional right to self-determination and secession for Nations, Nationalities, and Peoples; the state’s ownership of land; and the ethnically-based federal structure of governance. These issues were central not only to the drafting process but also remain at the core of on-going constitutional debates, contributing to the difficulty in initiating and executing constitutional reform (FGD).
Lack of clear and consistent criteria for the creation and recognition of new regional states, the constitution allows for the formation of new states based on the demand of the people concerned, but it does not specify the procedures, conditions, and mechanisms for doing so
| [33] | Seifu, S. T. (2015). A comparative analysis of the state constitution of Tigray in light of the FDRE constitution and Amhara state constitution. Ethiopian Constitutional Law Journal. |
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. This creates ambiguity and confusion, and may lead to disputes and conflicts among different ethnic groups and regions
| [5] | Belay, T. S., & Belay, H. S. (2019). The procedure for the creation of new regional states under the FDRE constitution: Some overlooked issues. Mizan Law Review, 13(1), 91-122. |
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and
| [36] | Haile, T. (2020). State formation under the FDRE constitution: A comparative study (Unpublished thesis). |
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. For example, the Somali regional state has been claiming the right to incorporate some parts of the neighboring Oromia and Afar regions, which are inhabited by ethnic Somalis, into its territory. However, the Oromo and Afar people have resisted this claim, and the federal government has not resolved the issue
| [1] | Abebe, A. (2011). Limiting limitations of human rights under the FDRE and regional constitutions (4th ed.). Ethiopian Constitutional Law Series. |
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The imbalance and inconsistency of power and resources between the federal and regional governments, the constitution grants extensive autonomy and authority to the regional states, but it also reserves some important powers and functions to the federal government, such as defense, foreign affairs, currency, and taxation. However, the division of power and resources between the two levels of government is not clear and equitable, and the federal government often interferes in the affairs of the regional states, or neglects their needs and demands
| [5] | Belay, T. S., & Belay, H. S. (2019). The procedure for the creation of new regional states under the FDRE constitution: Some overlooked issues. Mizan Law Review, 13(1), 91-122. |
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. For example, the Somali regional state has been suffering from chronic underdevelopment, poverty, and insecurity, and has accused the federal government of marginalizing and discriminating against its people.
The absence of effective and independent institutions and mechanisms for the protection and promotion of human rights and the rule of law, the constitution guarantees a range of civil, political, economic, social, and cultural rights to all citizens, and establishes a federal system of courts, including a constitutional court, to ensure the respect and enforcement of these rights. However, the reality is that the human rights situation in Ethiopia, and especially in the Somali regional state, is dismal, and the judicial system is weak and politicized (FGD). The federal and regional governments have been accused of committing serious human rights violations, such as arbitrary arrests, torture, extrajudicial killings, and displacement, against their opponents and critics, and the constitutional court has not been able to effectively review and adjudicate constitutional disputes and complaints
| [2] | Aman, S. G. (2014). Compatibility of state constitutions with the FDRE constitution: The case of Oromiya and Benishangul-Gumuz regional states. Ethiopian Constitutional Law Series. |
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. Incomplete decentralization, while the FDRE Constitution promotes decentralization, the full implementation of local governance structures in the Somali Regional State face challenges. Limited administrative capacity, insufficient resources, and varying degrees of commitment to decentralization can hinder the effective establishment and functioning of local governments, impacting community involvement in decision-making (FGD).
Another limitation of FDRE constitution is the ethnicization of politics, which has led to ethnic antagonisms and tensions within the regional states, including the Somali Regional State
| [5] | Belay, T. S., & Belay, H. S. (2019). The procedure for the creation of new regional states under the FDRE constitution: Some overlooked issues. Mizan Law Review, 13(1), 91-122. |
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. The emphasis on ethnic identity in the federal structure has brought about challenges and potential conflicts among different ethnic groups. This can hinder the smooth operation of democratic processes and inclusive governance. These are some of the limitations of the FDRE constitution in the Somali regional state, which pose significant challenges for the stability, democracy, and development of the country. However, these limitations are not insurmountable, and they can be addressed and overcome through dialogue, reform, and cooperation among the federal and regional governments, and the various ethnic groups and civil society actors in Ethiopia.
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