Recent Experiences in South Africa and Ethiopia to Accommodate Cultural Diversity: A Regained Interest in the Right of Self-Determination

Journal of African Law, Vol. 44, pp. 17-51, 2000

36 Pages Posted: 17 Dec 2011 Last revised: 12 Nov 2012

See all articles by Kristin Henrard

Kristin Henrard

Erasmus School of Law

Stefaan Smis

University of Westminster

Date Written: December 15, 2011

Abstract

This article examines the right to self-determination and the various constitutional mechanisms that can be used to accommodate cultural diversity. Using the South African and Ethiopian constitutions as case-studies, it concludes that it is possible to respect the principle of equality and the right to identity of "population groups" in a way which will pre-empt calls for external self-determination, and it suggests that the mechanisms used in these two countries may serve as a model elsewhere in Africa and beyond.

Suggested Citation

Henrard, Kristin A. M. and Smis, Stefaan, Recent Experiences in South Africa and Ethiopia to Accommodate Cultural Diversity: A Regained Interest in the Right of Self-Determination (December 15, 2011). Journal of African Law, Vol. 44, pp. 17-51, 2000, Available at SSRN: https://ssrn.com/abstract=1972998

Kristin A. M. Henrard (Contact Author)

Erasmus School of Law ( email )

Burgemeester Oudlaan 100
Rotterdam, 3000 DR
Netherlands
0031104081806 (Phone)

HOME PAGE: http://www.frg.eur.nl/english/

Stefaan Smis

University of Westminster ( email )

309 Regent Street
London, W1R 8AL
United Kingdom

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