Subnational Constitutional Interpretation and Protection of Human Rights in Ethiopian Federation The Case of Oromia

Abstract

It is widely accepted that a federal state structure promotes protection of human rights due to its defining features, such as possibility of offering liberal constitutional interpretation at the subnational level. This article examines to what extent the protection of human rights is expanded in Oromia through liberal constitutional interpretation in the Ethiopian federal system. Methodologically, it relies on doctrinal analysis of the federal and the Oromia constitutions, relevant laws, insights from other countries (mainly, the USA, Switzerland, Spain, and Bosnia and Herzegovina), constitutional decisions, and limited interviews. The article concludes that expanding the protection of human rights through liberal constitutional interpretation in Oromia is not promising as the body entrusted with the task, the Constitutional Interpretation Commission is not impartial and lacks the necessary resources. In addition to this, its scope of review is limited to ex post, and its relationship with the federal constitutional interpretation body, the House of Federation is not well-regulated. Hence, the article recommends the implementation of constitutional and extra-constitutional reforms, which are essential to realize expanded protection of human rights in Oromia through liberal constitutional interpretation.