Resolving the Constitutional Silence in Ethiopia Concerning the Power to Investigate and Prosecute Crimes that violate International Human Rights

Abstract

Ethiopia's Constitution does not specify which level of government is responsible for investigating and prosecuting crimes that violate international human rights (CVIHR) within the regional states. The need to resolve this constitutional silence had not arisen until recently, as the regional states had been carrying out these tasks despite not being expressly required to do so. Regional states were unlikely to contest this arrangement, even if they were not constitutionally obligated to undertake these tasks, given that government power at both federal and regional state levels was controlled by a single party –the Ethiopian People’s Revolutionary Democratic Front (EPRDF). However, following the end of the EPRDF’s one-party rule in 2018, some regional states promptly declined to investigate and prosecute CVIHR. The situation demonstrated the relevance of determining whether regional states are responsible under the Constitution for carrying out these functions. The constitutional silence, if left unresolved, has far-reaching ramifications. Among others, it creates difficulties in ensuring accountability for failures to address human rights violations. It also leads to violations of individuals’ right to an effective remedy, which, in turn, engages Ethiopia’s international responsibility. Based on doctrinal research to analyse primary and secondary sources, this article assesses which level of government is responsible for investigating and prosecuting CVIHR within the regional states. It also examines the rationale and mechanisms available to resolve the constitutional silence and identifies the most appropriate approach to pursue.