Human rights protection under the FDRE and the Oromia Constitutions: a comparative study

Abstract

This paper makes a comparative analysis of human rights protection as provided under the 1995 Federal Democratic Republic of Ethiopian Constitution (FDRE Constitution) and the 2001 Oromia Regional State Revised Constitution with its amendments (OromiaConstitution). Guided by the principle of a better protection of human rights under the state constitutions, it compares and contrasts the two constitutions in terms of recognized rights for the right holders, and the way the recognized rights are limited, derogated from, amended, and adjudicated. The overall comparison shows that although the two constitutions are largely similar as far as the protection of human rights is concerned, there are areas of differences resulting in less protection by restricting the rights, or better protection by expanding the rights under the Oromia Constitution than the minimum protection given under the FDRE Constitution. The departure by the Oromia Constitution to build on the minimum protection given under the FDRE Constitution is normal and acceptable. However, the departure with the effect of providing less protection for human rights cannot be justified under the existing international jurisprudence. The paper recommends revision of the Oromia Constitution to the extent it provides lesser protection of rights than the FDRE Constitution.

Keywords: A better protection of human rights, FDRE Constitution, Oromia Constitution