The legal protection of ‘non-indigenous’ minorities under Ethiopia's federal constitution : the case study of Benishangul Gumuz

Abstract

The protection of minorities has some kind of worldwide significance given the expanding number of international legal instruments related to the protection of Human rights. Apart from the overarching protective framework based on the universal respect for individual rights, international Human rights instruments has taken into account specific Rights and privileges to tackle the circumstances faced by minorities. Among the international Human rights instruments that establish a set of particular safeguards applicable to minority groups are the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities. These instruments safeguard the Rights of peoples who identify as members of national, ethnic, religious, or linguistic minorities, or any combination of these, to keep and develop the characters they choose to maintain. Minority Rights are protected internationally, however there are many limitations. The absence of a definition of minorities that is universally applicable and state actors fear that defending minority Rights could jeopardize the current socio-political system. These concerns contribute to the shortcomings in the international protection of minority rights. Domestic protection measures, in addition to the current international system of minority protection, are essential for addressing the unique Rights and interests of minorities and promoting social harmony at the national level. States all across the world do not, however, routinely acknowledge and afford their own national minorities a certain degree of protection. As a result, the dissertation examines the institutional and legislative safeguards for so-called non-indigenous minorities in Ethiopia, with a focus on Benishangul Gumuz Regional State (BGRS). In order to determine if BGRS is compatible with national (if any) and international Human rights frameworks, the dissertation attempts to assess the degree of institutional and legal protection afforded to these minority groups. The research specifically addresses the relationship between the institutional and legal framework of the BGRS and the regular abuses of rights—such as mass murder, forced relocation, and property and person injury—against non-indigenous minorities residing in the region.