Abstract
In line with the tradition of other dual federations, the Constitution of Ethiopia makes local government the competence of state governments. It, however, mandates state governments not only to create local government but also to adequately empower them. Both federal and state governments are obliged to promote and support self-rule at all levels. The story of an empowered and autonomous local government does not, however, fully emerge owing to the broad legislative and policy powers the federal government. It is not also clear if local government in Ethiopia would have fared better under a more local government friendly constitution. As this chapter reveals, the challenges—that local governments in Ethiopia are facing—have their roots beyond constitutional design. Local government is operating under a dominant party system that has turned lower levels of governments, including local government, into implementing agents of the national government. The key to the empowerment of local government, thus, lies beyond tinkering with the constitutional design.
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Notes
- 1.
Markakis (1974). The Decree brought unprecedented levels of centralization in the history of the country.
- 2.
- 3.
See: Art-6 and schedule A and B of Proclamation 74/1945.
- 4.
Art. 3(2) of the Proclamation 74/1945.
- 5.
- 6.
Ayele (2014a).
- 7.
This was an organ of the central government entrusted with the powers to exercise general supervision over all appointed officials and was responsible for matters related to provincial and local administrations.
- 8.
UN-Habitat (2002), p. 87.
- 9.
Art. 11[1-4] of the Proclamation No. 74/1945.
- 10.
Art. 11(5) of the Proclamation No. 75/1945.
- 11.
Art. 3(2) of the Proclamation No. 74/1945.
- 12.
UN-Habitat (2002), p. 86.
- 13.
UN-Habitat (2002), p. 88.
- 14.
UN-Habitat (2002), p. 88.
- 15.
Proclamation No. 31/1975.
- 16.
Proclamation No. 47/1975.
- 17.
Mandefro (2007).
- 18.
Ayele (2014a).
- 19.
Dickovick and Gebre-Egziabher (2010).
- 20.
Mandefro (2007).
- 21.
Art 50(1) of the FDRE Constitution. The Constitution also delineates the powers and functions of each level of government. Article 51 lists the exclusive powers of the federal government, while Article 52 assigns a number of exclusive competencies to the regional states. The financial powers—revenue, taxation and expenditure—are provided from article 94 through 100.
- 22.
Art. 46 (1) of the FDRE Constitution. The nine member States of the FDRE are: Tigray, Afar Amhara, Oromia, Somali, Benishangual Gumz, Southern Nations, Nationalities and Peoples, Gambella, and Harari.
- 23.
Article 46 (2) of the FDRE Constitution.
- 24.
Reporter (2015).
- 25.
Ayele (2014a), pp. 129–132.
- 26.
Ayele and Fessha (2012). The imperatives of establishing self-rule at the lower level is also clear from Art. 88(1) of the Constitution states that government, ‘guided by democratic principles […], shall promote and support the People’s self-rule at all levels’.
- 27.
Birhanu (2015).
- 28.
Harar regional state is composed of regional state and Kebele only.
- 29.
Ayele and Fessha (2012).
- 30.
Art. 47(2) of the FDRE Constitution (1995) recognizes the right to secession from a region. It provides that ethnic communities within the existing regions have the right to establish their own regional state. In 2018, six nationality zone councils in the SNNPR resolved to secede from the state; what remains is to hold referenda to determine whether the relevant communities support the resolution. Nationality Zones and Special Woredas in SNNP, Benishangual Gumuz and Gambela are established along ethnic lines and to address ethnic self-rule. In Benishangual Gumuz and Gambella, for example, the zonal governments are established for exercising the rights to ethnic group self-rule.
- 31.
Art. 50 (1 and 8) of the FDRE Constitution.
- 32.
Constitution, article 51(2).
- 33.
Constitution, article 51(3).
- 34.
See: UN-Habitat (2002).
- 35.
Federal Constitution, Art. 52(2(e)).
- 36.
Federal constitution, Art. 52 (1).
- 37.
Constitution, Arts 51 and 52.
- 38.
Ayele (2014a).
- 39.
Ayele (2014a). During the first decade (1991–2001), EPRDF’s principal focus was on ‘rural development’ through Agriculture led Industrialization (ADLI); and there was therefore lack of emphasis on urban local governments during this first decade. This was cause of the ruling party, EPRDF’s claim to the rural root and political constituencies from the same, and the overwhelming revenue amounting to 54% of GDP was from rural areas by then. The development policy discourse for emerging economies in 1990s focused on reducing rural poverty which believed to have happened because of the urban biased development policy.
- 40.
Ayele (2014b).
- 41.
Birhanu (2015), p. 62.
- 42.
- 43.
Ibid.
- 44.
Ayele and Fiseha (2017), p. 248.
- 45.
Ayele and Fessha (2012).
- 46.
Garcia and Rajkumar (2008), p. 66.
- 47.
Ayele and Nigussie (2019).
- 48.
Ayele (2014b).
- 49.
Ayele and Steytler (2018).
- 50.
Debela and Sima (2018).
- 51.
Garcia and Rajkumar (2008).
- 52.
This happened to the Sheko-Mejenger Woreda in the Southern nations, nationalities, and peoples regional state (SNNPRS). When Shako-Mejenger Democratic Unity Party, an ethnic-based opposition party won the 2000 local elections, the SNNPRS’s ruling party, the Southern Ethiopia Democratic Movement, refused to transfer block grants to Sheko-Mejenger Woreda. See: Yilmaz and Venugopal (2008).
- 53.
Ayele and Steytler (2018).
- 54.
Ayele (2014a).
- 55.
See: Art. 46(1) of Dire Dawa city Administration Charter Proclamation No. 416/2004; Art. 55(1), and Addis Ababa City Administration Revised Charter Proclamation No. 361/2003.
- 56.
See: Art. 51(7) of the FDRE Constitution.
- 57.
Debela and Sima (2018).
- 58.
Debela and Sima (2018).
- 59.
Clapham (2017), p. 2.
- 60.
Ayele (2014a).
- 61.
Ayele and Fiseha (2017), p. 250.
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Fessha, Y.T., Debela, K.W. (2023). Autonomy of Local Government in Ethiopia. In: Nicolini, M., Valdesalici, A. (eds) Local Governance in Multi-Layered Systems. Ius Gentium: Comparative Perspectives on Law and Justice, vol 108. Springer, Cham. https://doi.org/10.1007/978-3-031-41792-4_18
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