External and Internal Secession in Ethiopia's Multinational Federation

The ethno-territorial nature of Ethiopian federalism finds its constitutional foundation in Article 39 of the Constitution. Article 39 grants a right to self-determination to all of Ethiopia's 'nations, 'nationalities' and 'peoples'. The right to self-determination as conceived by Article 39 is comprehensive and has both so-called internal (such as the right to territorial autonomy) and external dimensions (the right to secession). This article argues that these constitutional provisions display weaknesses and gaps since they affect the achievement of the constitutional objectives and involve serious risks for the rights of (persons belonging to) other ethnic groups. Although the right to self-determination is one of the fundamental constitutional principles, so is the respect for individual and group rights. Furthermore, the unity in diversity objective of the Constitution requires equilibrium between ethnic empowerment and human rights. The article therefore provides a number of legal recommendations to address these gaps and weaknesses.