What type of federalism should South Sudan adopt and why?Posted: 12 January, 2022 Filed under: Joseph Geng Akech | Tags: Administrative Areas, constitution, constitution building process, ethnic federalism, federalism, governance, governance framework, International IDEA, International Institute for Democracy and Electoral Assistance, Ministry of Federal Affairs of the Revitalised Transitional Government of National Unity, Republic of South Sudan, Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan, Revitalised Transitional Government of National Unity, RTGoNU, South Sudan, territorial federalism 1 Comment
Author: Joseph Geng Akech
South Sudanese human rights lawyer and PhD candidate, University of Pretoria, South Africa
This article spotlights existing debates under the on-going constitutional design process on the type of federalism South Sudan should adopt. It is a debate with varying and potentially divisive perspectives. Dominant proposals in these debates are territorial and ethnic federalism. I join this debate with an open mind, and I therefore try to refrain from taking sides. This article thus tries to bring to fore, the underlying arguments in both perspectives and makes three recommendations to break the impasse. The first option is to conduct a referendum for the public to decide while the second calls for a scientific comparative study on performances of both territorial and ethnic federalism. The third calls for open and transparent public debates on the type of federalism South Sudan should adopt.
Addis Ababa’s City Sovereignty threatened by the new Draft Criminal Procedure and Evidence Law of EthiopiaPosted: 14 July, 2021 Filed under: Marew Abebe | Tags: Addis Ababa, criminal procedure, Draft Criminal Procedure, Ethiopia, Ethiopian Federal Constitution, Evidence Law, Federal Architecture, Federal Constitution, federalism, Government Sovereignty, mono-ethnic group, Oromia, Oromia Regional State, Political Ecology, Sovereignty Leave a comment
Author: Marew Abebe
Lecturer of Federalism at Debark University, Debark, Ethiopia
This is a commentary on Article 25(3) of the Draft Criminal Procedure and Evidence Law (the Draft Law), which the Attorney General of the Federal Democratic Republic of Ethiopia distributed to stakeholders to solicit feedback. Article 25(3) of the Draft Law empowers courts of the state of Oromia (one of the ten regional states of Ethiopia) to exercise jurisdiction over some criminal matters that arise in one of the two self-administered city governments of Ethiopia, the capital city of the country Addis Ababa. This commentary explores whether Article 25(3) of the Draft Law is (in)compatible with the Ethiopian Federal Constitution, and concludes that granting jurisdiction to the courts of the state of Oromia over some cases arising in Addis Ababa is unconstitutional. The provision, if not omitted from the final version of the Draft Law, will pose great challenges to the Ethiopian federation.