The Proclamation of special interest should address

By Betru Dibaba

In a country where federalism is opted,  a given legal policy matter  may be percieved by all states, or by group of  states or by one state. Accordingly, one can divide states' interest into three; universal, categorical, and special [particularistic] interest. Space will not allow a full flegde analysis of the first two types. I focus only  on special [particularistic] interest.

In special state interest, legislation  affects a single state only or same  legislation may have differential effects on states. It is percieved either by a single state or by different states in different ways. A single state percieves an interest vis-a-vis the federal government that it shares with no other state[s].

The concept of special interest entered the  Ethiopian legal regime in 1992, in Transitional peroid. A Proclamation enacted to establish fourtheen National Regional Self-governments,  proclamation number 7/1992, Article 3(4) reads:

The special interests and political rights of the Oromo over Region Thirteen [Harari] and Region Fourtheen [Addis Ababa] are reserved. These Regions shall be accountable to the Central Transitional Government and  the relations of these Self-governments with the Central Transitional Government shall be prescribed in detail by special law.

Article 49(5) of the FDRE Constitution articulates:

The special interest of the State of Oromia in Addis Ababa, regarding provision of social services or utilization of natural resources and other similar matters, as well as joint administrative matters arising from the location of Addis Ababa within the State of Oromia, shall be respected. Particulars shall be determined by law.

Pursuant to the second proviso of the same Article,  the coming [law] proclamation should address the followings:

⃣. Provision of social services፡

Access to housing, education, health, water, transport, other matters needed for achieving adequate living standards constitute social services.

⃣. Utilization of natural resources፡

Water, forest, mineras, stones, and everything else natural are natural resources. However, one may note that there is hardly any natural resources that the City offers to Oromia. The City itself is dependent on the natural resources of Oromia, out of the City.

⃣. Joint administrative matters፡

Administration is a practical management and direction of the executive department and its agencies. In effect, it involves and starts from  representation in the Council and Administration of the City. The word 'joint' is important as it impresses fifty fifty per adminstration.

⃣. Other similar matters፡

The phrase, 'other similar matters' have no objectivity. Two lines of interpretations can be accorded.
The narrow line of interpretation argues other similar matters is meant to show matters  that are immediate to those expressly mentioned. Accordingly, it includes land administration, free access to infrastructures, buildings, halls, industry, naming of the City and sub cities, security matters, participation on policy matters concerning matters affecting interests, and the like.
The second line of argument is broad. It includes automatic representation without election or permanent allocation of a percentage of seats of Addis Ababa City Council, addition of Afaan Oromo as working language of the City, levy and collect revenues and taxes, and the like.

⃣.  Addis Ababa as part of Oromia vs independent City:

During the Transitional Period, as established by 'proclamation' {not proclamation in strict sense} number 1/1991, Addis Ababa was a City State, proclamation number 7/1992, Article 3(1). This proclamation is repealed by the Federal Constitution, proclamation number 1/1995, by which Addis Ababa is omitted to be City State, by default of Article 47(1).

The Constitution spells out that Residents of Addis Ababa have full measure of self government, and shall be represented in the House of Peoples' Representative, Article 49(2 and 4). These two Sub-articles give an impression that Addis Ababa is an independent City. It is by the same impression the Charters of the City are proclaimed, establishing the City as independent Chartered City Administration,   proclamations number 87/1997 and 361/2003.  

Further, Article 49(3) of the Constitution renders the Administration of the City responsible to the Federal Government. The Federal Government, hence, has interest over the City in this regard.

The same Constitution emphasizes the location of Addis Ababa is [with] in  Oromia. In line with this scenario, Article 2(1) of the Revised Constitution of Oromia, proclamation number 46/2001,  defines Oromia as an '... uninterrupted territory...' The quoted phrase is intended to convey Oromia as landmass, the territory of which is connected from one point to the next without being interrupted. It, in effect, claims Addis Ababa as part and parcel of the State or City within the State.

The proclamation is expected to entertain and harmonize the status of the City as self government City while determining the special interest of Oromia as the location of the City is within the State.

⃣.   Intergovernmental relations:

Federalism inevitably implies intergovernmental relations.  Leave alone the existence of the interests of Federal Government and Oromia, which are two different governments in the Ethiopian Federation,  over Addis Ababa, the recognition of special interest of Oromia in the City Administration, joint administration in particular, necessitates the existence of intergovernmental relations.

The recognition of special interest of Oromia despite the City has full measure of self government and the responsibility of the City to the  Federal Government entails the tripartite interrelations, Article 49(2,3 and 5).

The proclamation should ascertain this trinity and establish a channeling institution among them.

⃣.  Spillover effects:

Spill over effects are externalities those are not directly evolved in something. In one way or another, the recognition of special interest is a due acknowledgement of the existence of [negative] spill over effect.

Among different studies, a study conducted by Action Professionals Association for the People, aka APAP, indicated downstream users of rivers flowing out of Addis Ababa face health problems, environmental pollution and other  human suffering due to the pollution by liquid and solid products of industries and garbages of dwellers of the City, APAP, press release, 20/12/2005. Hence, it seems, the Constitution is trying to disseminate  the message that the spillover effect can only be redressed if and only if the special interest is recognized.

The proclamation, while determining the special interest, should address the scheme of redressing the spillover effects in particular.

The Constitution is general in general and Article 49(5) is general in particular. As the Constitution has these things to accomplish, the determining proclamation should address the same in detail.   Failing in short of these, the proclamation does not fully and duly serve the purpose of the Constitution.

Source: https://m.facebook.com/story.php?story_fbid=1445180082214568&id=100001677709492