Toward Making a Proper Space for the Individual in the Ethiopian Constitution

Human Rights Review (2017)

Posted: 30 Aug 2017 Last revised: 31 Aug 2017

See all articles by Berihun Adugna Gebeye

Berihun Adugna Gebeye

Max Planck Institute for Comparative Public Law and International Law

Date Written: 2017

Abstract

A symbolic, normative, and institutional investigation of the 1995 Ethiopian Constitution reveals that the individual is displaced and locked in the periphery as much of the socio-economic and political ecology of the state is occupied by Nations, Nationalities and Peoples (NNPs). The Constitution presents and makes NNPs authors, sovereigns and constitutional adjudicators by adopting a corporate conception of group rights. As this corporate conception of group rights permeate and structure the organization of the Ethiopian state and government, the individual is relegated in the constitutional order. In order to make the transition to constitutional democracy sustainable, it is argued that the Constitution should accommodate and ensure individual autonomy by adopting a collective conception of group rights. This offers both the normative basis and institutional safeguards to strike a proper equilibrium between group rights and individual rights.

Suggested Citation

Gebeye, Berihun Adugna, Toward Making a Proper Space for the Individual in the Ethiopian Constitution (2017). Human Rights Review (2017), Available at SSRN: https://ssrn.com/abstract=3028635

Berihun Adugna Gebeye (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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