Taking Ethno-Cultural Diversity Seriously in Constitutional Design

Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.

Solomon A. Dersso, Ph.D. (2009) in Constitutional and International Human Rights Law, is a senior researcher at the Institute for Security Studies and non-faculty Assistant Professor of Human Rights at the Institute of Human Rights, Addis Ababa University.

"This work relies on a multitude of sources, both in law and in social sciences, but remains critical in respect of them, contrasting them against each other and developing his own line of argument… It makes a significant contribution in respect of legal analysis of minority rights and minority issues in Africa."
Martin Scheinin, Professor of Public International Law, European University Institute

"The author very competently was able to formulate, discuss, sustain and counter arguments dealing with issues of the marginalized in state formation and political governance. He canvassed the predominant principles of the law of minority rights and was able to critique them relative to his research theme. He demonstrated comprehensive comparative ability in dealing with the various normative arrangements across Africa on minority protection and inclusion in state governance. His case studies of South Africa and Ethiopia, bears this out, as he adequately demonstrated the comparative characteristics of the minority question in each of the states."
Vincent O. Nmehielle, Professor of Law, University of the Witwatersrand

"The issue of the lack of scholarly analysis of problems of nation-building and state formation through the analytical grid of minority rights is an important one bearing implications for peace, security, human rights and constitutional governance… The Ethiopian case study was particularly interesting to read and would be material usefully disseminated to minority and constitutional law scholars in general."
Li-aan Thio, Professor of Law, National University of Singapore