Grotius and Gadaa: Rethinking Article 39 of the Ethiopian Constitution Through Indigenous and International Legal Lenses
By: Habtamu Nini Abino,
Abstract
This article explores the conceptual tension and synergy between Hugo Grotius’s foundational principles of international law and the Oromo Gadaa system of indigenous governance in the context of Article 39 of the Ethiopian Constitution, which grants nations, nationalities, and peoples the right to self-determination up to secession. By analysing the philosophical underpinnings of both traditions, the article argues that a deeper synthesis of global legal norms and African indigenous values could inform a more coherent and just framework for federalism, unity, and peaceful coexistence in Ethiopia.
1. Introduction
Ethiopia's constitutional framework, particularly Article 39, has long been the subject of intense debate. It provides a legal basis for ethnic self-determination, including the right to secede. While this clause was designed to resolve Ethiopia’s historic “nationalities question,” its application has contributed to political fragmentation and conflict.
This article situates Article 39 within two intellectual traditions:
- The natural law and sovereignty doctrine of Hugo Grotius, founder of modern international law.
- The indigenous democratic ethics of the Gadaa system—the traditional Oromo governance system.
Together, these frameworks offer rich, if underexplored, tools for rethinking federalism, justice, and legitimacy in Ethiopia.
2. Hugo Grotius and the Legal Foundation of Sovereignty
A Dutch jurist, Hugo Grotius (1583–1645), articulated the first coherent theory of international law in his seminal work De Jure Belli ac Pacis (On the Law of War and Peace). He argued that:
- All nations and peoples are subject to natural law, a universal moral order grounded in human reason.
- Sovereign states are equal but morally obligated to uphold peace, justice, and freedom of navigation.
- War is only justified in defence of rights; otherwise, peace is the default human condition.
Though Grotius did not explicitly endorse secession, his framework accommodates the right to resist unjust authority, a precursor to modern doctrines of self-determination.
3. The Gadaa System: Indigenous Ethics and Democratic Governance
The Gadaa system is a traditional socio-political order of the Oromo people, structured by age-sets and time-based leadership cycles. It is founded on core principles such as:
- Safuu – the moral code of proper conduct and spiritual balance.
- Nagaa – peace, harmony, and conflict resolution through dialogue.
- Araara – reconciliation over retaliation.
- Odaa – the sacred assembly where collective decisions are made.
Unlike the modern state system, Gadaa does not view sovereignty as state-centred, but rather people-centred, exercised by consensus through public deliberation.
4. Article 39: Between Legal Right and Political Reality
Article 39 of the 1995 FDRE Constitution states:
“Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.”
This clause was introduced in a post-civil war context to recognise the rights of historically oppressed groups. However, its implications have been contentious:
- Positive: Recognition of ethnic identity, local governance, and cultural autonomy.
- Negative: Legalised fragmentation, inter-ethnic conflict, and state instability.
Modern Ethiopian politics often invokes Article 39 as a political weapon rather than a tool for justice and inclusion.
5. Grotius, Gadaa, and the Ethics of Self-Determination
5.1 Grotius: Moral Limits on Sovereignty
Grotius maintained that even sovereign actors must respect universal justice. Therefore, secession or rebellion must serve justice, not ambition. Inspired by his ideas, modern international law recognises secession only in extreme cases like colonialism or genocide.
5.2 Gadaa: Moral Community over Political Exit
In contrast, the Gadaa system views collective unity as sacred. Decisions such as separation or rebellion must undergo public debate, ethical review (via Safuu), and consensus. The Gadaa principle of Nagaa would discourage any group from breaking away unless all peaceful remedies have been exhausted.
5.3 Shared Principles
| Principle | Grotius | Gadaa |
|---|---|---|
| Justice must guide legal action | ✔️ | ✔️ |
| Peace preferred over conflict | ✔️ | ✔️ |
| Legitimacy comes from moral and public accountability | ✔️ | ✔️ |
| Unilateral actions are morally questionable | ✔️ | ✔️ |
6. Toward a Reinterpretation of Article 39
To reconcile the letter of Article 39 with both Grotius’s legal ethics and Gadaa’s indigenous wisdom, Ethiopia must:
-
Reframe self-determination as a process, not a threat.
Emphasise democratic negotiation, not forced exit. -
Require moral and communal justification for secession.
Use mechanisms like public deliberation and independent review to legitimise claims. -
Prioritise reconciliation and institutional reform.
Create space for peaceful political dissent, equitable representation, and intergroup trust. -
Recognise indigenous systems like Gadaa as legal resources.
Integrate customary law in national governance, especially in conflict mediation.
7. Conclusion
Grotius and Gadaa provide essential moral foundations for evaluating the legitimacy of self-determination and secession. While Ethiopia’s Article 39 gives nations legal rights, it lacks the ethical safeguards envisioned by Western and African legal traditions. To move forward, Ethiopia must root its federalism in law and justice, dialogue, and shared moral responsibility.
References
- Grotius, H. (1625). De Jure Belli ac Pacis.
- FDRE Constitution, 1995.
- Asmerom Legesse. (2000). Oromo Democracy: An Indigenous African Political System.
- United Nations Charter, 1945.
- African Union Constitutive Act, Article 4(h).
No comments:
Post a Comment