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The Imperative of Engaging Regional States for Enhanced Implementation of Human Rights Treaties in Ethiopia


Abstract

In a federal state structure, internal competence over some issues –regulated by international human rights treaties– is shared between ‘central’ and subnational governments. However, the federation (as a nation state) enjoys international legal personality, and it enters into international human rights treaties as a party to those treaties. Engaging subnational governments in the process of treaty making and its implementation is often considered as one of the mechanisms towards addressing gaps in implementation. This article examines the extent to which the engagement of regional states (in the making and implementation of international human rights) is regulated in the Ethiopian federal system. It relies on the relevant laws, literature, insights from other federal countries and some interviews. Even though the FDRE Constitution did not leave a space for regional states to engage in international human rights treaties, recent laws (on treaty making, intergovernmental relation and investment) embody legal and institutional frameworks which can enhance the implementation of international human rights treaties. However, some of the laws have gaps in implementation, while others are yet to be implemented. Moreover, the laws limit the scope of engagement only to ratified international human rights treaties. Extending the scope of engagement to domains such as soft human rights instruments adopted by Ethiopia and the Universal Periodic Review reports can make it more holistic. This requires a broader scope of engagement with due regard to the principles of intergovernmental relations and federalism.


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eISSN: 2309-902X
print ISSN: 1998-9881