Mahteme Fesseha Demewez (PhD)
March 2023, USA
This message is intended for Tigrayan politicians, advocacy organizations, and other concerned Tigrayans help them prepare for protecting the Tigray’s interest until Tigrayans decide their destiny through referendum. It outlines the way forward in understanding and demanding more rights for the people of Tigray from the Ethiopian Government and foreign actors during the transitional and reconstruction period.
It is understood by the voices that echoed in the last 3-years that the desire of the people of Tigray is to establish its own government free from any kind of external influence. It is also clear to everyone that the people of Tigray are under endless problems and need to have capable leaders who can take them out of their current problems and bring them to a better standard of living.
During the war that was going on in Tigray, our people were massacred, and their properties were destroyed. To save the lives of the rest of the people of Tigray, we are negotiating with the Government that Committed the Genocide in Tigray and are looking for solutions. But Ethiopia is a country that is facing problems after problems and can not be a real partner for negotiation to solve the problems that Ethiopia has caused in Tigray. Accordingly, we need to continue informing the International Community more about the problems to find solutions by strengthening the pressure on the Ethiopian government.
The next step of the struggle of the people of Tigray will be a political negotiation with the Ethiopian Federal Government that may decide the future fate of the people of Tigray. One of the main negotiating agendas that should be presented by Tigray is the establishment of Special Autonomous Status for Tigray.
So, what does Special Autonomous Status for Tigray mean?
Special Regional Autonomous status means that in a country that has got several autonomous regions, some of those Regions acquire certain powers, functions, or competencies that are not granted to the rest of the Regions of the country. This is typically done because of historical specificities of the beneficiary Regions, to accommodate their peculiarities, and to keep them within the Federal Government.
Special Autonomous Status is a constitutional design technique used principally when some but not all of a country’s territorial units or Regions, aspire to govern certain specific domains of their existence. So, only those expressing the said wish are granted Special Autonomous Status.
The demand for the status of Special Autonomous Administrative Region of Tigray can be a self- governance under the Ethiopian Federal government to defuse the centuries old internal conflicts and to possess a unique separate political, Administrative, and Economic power based on the given circumstances: populated by a national minority, discriminated by the Federal government and its regional states.
The Special Autonomous Administrative Status of Tigray can be created by both the Ethiopian Federal Government and Tigray Special Autonomous government to allow the people of Tigray to operate with a high degree of Autonomy to solve Tigray issues based on one country with two separate administrative systems.
The Special Autonomous statues of Tigray can also maintain separate legal, administrative, and Judicial systems from the rest of the country. Under the Ethiopian Federal Government, Tigray Special Autonomous Regional Sate can enjoy greater (Special) degree of Autonomy and function as De Facto independent political entity.
The conflict has already occurred during the last 4-years (2018-2022) to exterminate the people of Tigray by the Ethiopian Federal government in collaboration with foreign countries, and due to the Tigrayans defensive struggle for existence, a Peace Agreement (COHA) has been signed between
the Federal Government of Ethiopia and the Tigray People’s Liberation Front (TPLF), the ruling party in Tigray. During the upcoming political negotiations, an agreement should be reached to grant Special Regional Autonomy Status to the Tigray region and should be regulated by a Law under the EFDRE judicial system.
The Peace Agreement (COHA) signed in Pretoria on November 2, 2022 is important because that is what ordains: 1) Permanent Cessation of Hostilities, a ceasefire; 2) Withdrawal of all offensive forces from constitutional Tigray, (3) Return of all displaced Tigrayans to their respective places and rehabilitate them, (4) The effective beginning of safe Disarmament, Demobilization, and Reintegration (DDR) of ex-combatants (TDF members), (5) Amnesty, release, and rehabilitation of all Tigrayan prisoners held because of the political conflict, (6) A national process of reconciliation and healing, and reparations for victims of the conflict to repair the wrongs done to them.
Due to the war waged against the people of Tigray and violated their rights to self-governance, make it impossible to continue with the Ethiopian Federal Government as usual. The domains which created tensions are the desire to establish centralized administrative command and assigned regional authorities beyond the Federal laws and regulations. As a result, Tigray forced to demand for the establishment of a special political relationship with Ethiopia.
The Tigray Special Autonomous Status should be implemented based on the result of an effort by Tigray Statesmen (political leaders) and peace negotiators and observers of the peace agreement to accommodate situations in which the Ethiopian Federal Government has a territorially based minority people (Tigrayans), with socio-political and cultural peculiarities and desires that are going to make the Federal government difficult to administer Tigray after the war waged against them and at the same time the refusal of the people of Tigray to be governed as usual because of the crimes of extermination committed against them and the destruction of their economic and cultural heritage sites.
It should be remembered that the Tigray Special Autonomous Status is not handling all affairs of Tigray. Some, such as defense and external security, banking, and monetary matters continue to be handled by the Ethiopian Federal institutions. They are entitled to accommodation, especially to access Federal government provided services, on an equal basis. They need regular maintenance, patience, trust, and tolerance among all parties.
Almost all Special Autonomous Status arrangements contain an important concession to the
Tigray Autonomous Region’s concerned: when the Ethiopian Federal Government is negotiating any international agreement or treaty which touches on a matter of particular interest to the Tigray Special Autonomous region (such as a subject which is within the Tigray Region’s special competencies, or which may otherwise affect the Tigray Region’s interests), the Ethiopian Federal Government is required to include, and consult with the Tigray Special Autonomous Region administration. The Ethiopian Federal Government generally includes representatives from the Tigray Special Autonomous Region among its diplomats who negotiate the treaty or international agreement.
The difference with the Tigray Special Autonomous Status region is that, over and above the functions which all other (ordinary) Ethiopian Autonomous Region’s exercise, it will have specific powers and competencies which go beyond the other similar Ethiopian Regions. Based on what the needs are, this can include powers in areas such as the use of a principal language for official business within the Tigray Region. The governance and administration of the Tigray Special Autonomous Region will also be different.
The representatives of the Tigray Special Autonomous Region in the Ethiopian parliament should have the right to override (veto) votes regarding the issues of Tigray or it should be necessary to make sure that the Tigray parliament representatives participate as observers without voting right. This type of approach can make it different from the old parliamentary representation unless and otherwise the EFDR parliament modifies the existing laws based on the current Tigray issues.
The Tigray Region should acquire a linguistic, educational, legal, and cultural heritage that is specific to Tigrayans, due to the periods of their special administration as a mandate and trust territory. It is those specificities that underlie the grant of Special Regional Autonomous Status.
The Tigray Special Autonomous Status should have its principles and domain tasks:
- Constitutional regulation of the Tigray Special Autonomous Status and the constitutional right of existence.
- Legal entrenchment of the Tigray Special Autonomous Status, requiring both Federal and Tigray Region legislatures’ understanding to modify it.
- An explicit agreement/statement on division of responsibilities between the Ethiopian Federal Government and the Tigray Special Autonomous Status region.
- Exercise of Legislative and regulatory powers, and administrative authority by the Tigray Special Autonomous Status region within its domains of competence.
- Revenue Allocation and Sharing Formula for the Tigray Special Autonomous Status Region.
- Laws and Administrative decisions, Treaties and International Agreements contracted by the Ethiopian Federal Government on matters of interest to and affecting the Tigray
Special Autonomous Status region: the Ethiopian Federal government’s Obligation of
Consultation with, and/or Consent of, the Tigray Region.
- Ordering of Relations between the Tigray Special Autonomous Status region and the Ethiopian Federal Government under Federal and international law.
- Representation of the Ethiopian federal Government, and pursuit of the federal services in the Tigray Special Autonomous region.
- Dispute resolution mechanisms between the Ethiopian Federal Government and Tigray Special Autonomous Status region.
- Territorial special autonomy or self-management, and non-Territorial, nation- wide accommodation of specificities; protection of minorities.
- List of comparative Constitutions, Laws, and specialist comparative publications, on establishing Special Autonomous Status regions around the world.
The main Functional Domains of Tigray Special Autonomous region includes:
- Language – Use Tigrigna an Official Languages for public services in Tigray.
- Education – Management of the predominant Educational sub-system.
- Legal & Justice system: Legal Education; Judicial appointments to the Tigray Special Autonomous region; nation-wide Uniform Law reforms; and application of supra-national Treaty-based laws in Tigray Special Autonomous region.
- Public Order and Policing within the Tigray Special Autonomous Region.
- Territorial Administration within the Tigray Special Autonomous Status Region Local Government: Councils and Archives, History, Museums, Cultural Heritage, Economy, development, and reconstruction.
- Labor Market, Employment, and Job-creation. Agriculture, Argo-Industry, Forestry
- Publicly owned Lands – except for selected Federal Government Sites, Reserves, borders.
- Consultation and or Consent on Energy, and Mining development within the Tigray Special Autonomous Region.
- Regional road network and infrastructure, except roads designated as part of continental, sub-regional, national trunk highways.
- Residual areas, and joint process for additional transfers and review of domains of competence.
The Tigray Special Autonomous Region arrangements typically recognizes that in order to amend some Federal laws, there must be approval by both the Ethiopian Federal Parliament, and by the Representative body (assembly) of the Tigray Special Autonomous Region.
Tigray Special Regional Autonomous Status arrangements are a method of ensuring internal self- determination of the Tigray special Autonomous Region within the Ethiopian Federal Government until the Tigray people decide its destiny through referendum. During the Special Autonomous Administration, these arrangements do not give rise to a right to secession, or external self- determination.
These arrangements also generally include a specification of tax mobilization roles, responsibilities, and allocation. A joint mechanism involving both parties (the Ethiopian and Tigray) are generally set up to ensure smooth implementation of the revenue mobilization and budget allocation, and associated accountability and reporting.
The Ethiopian Federal Government does have a representative to the Tigray Special Autonomous
Region, who attends to only those matters that are the Federal Government’s responsibilities. They do not oversee the Tigray Special Autonomous Regional authorities on matters within the latter’s domains of competence.
The Tigray Special Autonomous Regional Status arrangements include a clear provision that states how the Region concerned will raise or receive the funding required to discharge the functions that they assume. The Tigray Special Autonomous agreement or Law typically specifies the Tigray Region’s statutory (automatic), predictable, and recurring entitlement to funds for its budget to carry out the reconstruction, rehabilitation, and its regular responsibilities. (In some countries, this is established as a percentage of the overall annual State revenue and expenditure (budget).
But when it comes to Tigray the funding should be triple or more than the previous budget allocation system until the end of the reconstruction period)
The Tigray Special Autonomous Administrative Region should exercise Special Economic Status, as a Free Trade/ Economic Region. A free trade zones which should be established at locations where goods can be shipped, handled, manufactured, exported, and re-exported without the involvement of custom agencies of the federal and Tigray governments. A border facility may be designated a free trade area in Tigray.
Free Trade areas can force local industries to become more competitive and rely less on government subsidies. They can open new markets, increase gross domestic products (GDP), and invite new foreign and local investments. Free trade and Tax-free Businesses can reduce the prices of imported and manufactured goods and services. This enables Tigrayan consumers to enjoy increased living standards and can also lead to increased competition.
In Tigray free trade zones can be operated by both public and private entities and merchandise of every description should be held in free trade zones without being subject to customs duties or other added value Taxes. Tigray and foreign Investors, Exporters and Importers, Traders, and Manufacturers and workers /employees must be granted tax breaks, duty exemptions and other financial incentives until the end of reconstruction period. It should also address administrative burdens and planning regulations aimed to create economic activity – like trade, investment, and jobs, that helps to see a prosperous Tigray in the near future.
To summarize this message, the direction of the future political administration of Tigray can be decided after the Genocide committed against the people of Tigray is fully Investigated and submitted to the International Criminal Court (ICC), and when the people of Tigray decide their destiny in a referendum.
The overall processes may take years, until then, it will be better for our people to fight for a Special Autonomous Status and stay under the Federal Government to get the required resources/ benefits and prepare Tigrayans to decide their fate in the future.
Therefore, every Tigrayan who cares about the future of Tigray must fight for its implementation. N.B.: This article can be edited and /or expanded.
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N.B: What do experts in political science, conflict resolution, and constitutional law think about these Special Autonomous regions concept? There is growing interest around the world, in the fields of international law, diplomacy, conflict resolution, comparative political systems, and comparative constitutional law, on using regional autonomy arrangements, another name for Special Autonomous Regions to resolve these very difficult situations arising from minority population within a federal (central) government who deserve special measures, due to their ethnic specificities.
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Examples of autonomous regions in the world include: the Aland Islands (Finland), South Tyrol (Italy), Kosovo (the former Yugoslavia), Cordillera and Mindanao (the Philippines), Puerto Rico (United States), Zanzibar (Tanzania), Hong Kong and Macao (China), Greenland and Faroes (Denmark), New Caledonia (France), and Scotland (U.K.).
In the USA and Canada, many Indian nations have autonomy from both the federal and state governments in their reservation territories. Sales in “Indian country” are not subject to the state or provincial sales tax, and the state laws on gambling do not apply to the Indian land.
You wanted to keep Tigray languishing in misery by asking special treatment ? and begging non-existent international community? When are you going to wake up man? you are in deep sleep. Tigeans must work themselves instead of living in limbo and misery. What you are suggesting will keep Tigray in misery until Jesus comes again and until Tigray is finished by misery, and systematic continuous genocide and starvation. Tigreans must reorganize from scratch and formulate a new vision and work together very organized inside and outside and work fast. The only solution for Tigray is from inside Tigray, not from anywhere else. Tigreans must think radically and roorganize radically and do miracle as our fighters did it. You do not negotiate with criminals because you will get nothing from criminals. Criminals must be arrested, not negotiated with. Do not expect honey from a fly which will never happen. It is a pipe dream to think that Tigray will get freedom from outside. It is the international community that committed genocide in Tigray. The international community is the who supported the Tigray Genocide. What the hell are you talking about? you did not get this yet?
Tigray Special Autonomous Administrative Region, very very bad idea.
we have to work on durable solution instead of working a pain killer kind of solution that you are proposing now. we need to solve this once and for all and then we will be free. This requires uniting the people instead of wasting talking about petty and un-necessary politics. Which International community are you talking about? Those who never learn are destined not to learn. I think we have had enough lesson now about the whole world unless there are like people who are deliberately sleeping. Please remove the adjective so called PHD. i hate this title now. Diaspora was doing great job, but since TPLF signed the another EEBC Agreement in Pretoria, TPLF has distanced itself from diaspora knowing it is working against Tigrean nationalism and feelings. But what we need to do is to form a new Ade Hoc Baito Council and that unites all Tegarus and does some home work and free Tigray once for all. TPLF is still hanging to its dead and deadly constitution and its dead article 39. If we are expecting solution from TPLF, we are doing Hutkutku job. We need to mobilize all Tegarus and do some home work instead of hibernating due to this useless cease fire. What is the diaspora doing now? We have to stop doing only fire work, we sleep in time of peace and we run to fight fires at the end. This is bad culture. We have to aim high and top and go for it. If there is a will, there is away.
I do strongly believe you have be free from an ideology that only exists on paper but you fox thinks it is real, therefor yes you need to free your selves from the 1960s Marxist ideology that crippled your rational taught process.
You can teach an old dog a new trick. I think TPLF leaders have to die a natural death so that the people of TPLF will never change . Then only thing that can change them is natural death. I do not think even Marxs and Lenin were as stuck in communism as bad as TPLFleaders. There is nothing that can change TPLF leaders except natural death. They are alien in their thoughts and believes because they beliefs has no connection with Tigray. They used Tegaus to implement their evil communism. But now whether they like it nor not, change is a natural process that cannot be stopped by few people who think they are divine and who seems themselves super human and who think they have entitlement to take million of people to the grave. We have to be free from the chronic disease of Amhara apartheid and colonization from alien TPLF ideology of communism.
I am not sure about Amhara apartheid if ever exists, once again it is the mentality that was inherited from the Mao and the eastern ideology of communism that always wants some enemies to justify maintaining power by few elites. Instead of pointing problems inward and try to find solution, communist ideology likes to externalize any social issues and create division between people of different social groups, different economic class and ethnic groups. This is not just in tegray I would say all the current politicians who are running the country either at the local or federal level share the same political ideology so unless we replace these people with an open minded new generation politicians the suffering will continue throughout the country maybe more so in tegary due to tplfs strong foothold and political domination for long time.
Amhara apartheid, you do not know it? it is because you were beneficiary.
Compare South Africa apartheid with Amhara apartheid
South African apartheid ;
Language: Official Language ? Afrikaans only , all South African forced to speak, learn, use Afrikaans
Land: All land owned by whites only
Power: All power owned by whites only
Language: all languages in South African not allowed
Other ethnics: either kept in concentration camps or worked as slaves
Amhara apartheid:
Language: official language Amharic and still it is like that
All languages banned systematically
Land: owned by Amhara
Power: owned by Amhara
Education; Amhara only
Wealth Amhara only,
People or other none Amhara were not only deprived of their whoness, but were called Baria, Shankla Gala, Yewef Quanka Tenagariwotch?
Studies done by Clottochronolosigsts who study the origin of languages has proved Tigray is the direct derivative of Geez. Tigrignea is just another Geez. Studies also proved Amharic adopted Geez alphabet in the 14 century after Jesuit and Luthran missionaries decided to use Geez alphabet to teach their religion to Amhara and Amharic has no historical relationship with Geez. But they stole our alphabet and they told us our language is Yewef Quanka? went further and now they even tell us Geez Alphabet is Amharic alphabet? Geez alphabet is Ethiopian alphabet, Geez Calendar is Ethiopian Calendar while the truth there is no Amhara or Ethiopian alphabet or Calendar or language because Geez Alphabet is Geez alphabet, Geez Calendar is Geez Calendar and Geez lanuguage.
There is one thing Amhara apartheid differs from South African apartheid, Amhara apartheid steals Tigreans history, culture, language, alphabet, calendar, dress, Ashenda, etc.
As to TPLF, TPLF is ideology is evil from day one. Do you know they were executing TPLF fighters who were found having sex? TPLF was anti human from day one. it executed young people for having sex. It killed people who were founding having different idea or different world view. I am not sure if Mao evil to this level. Killing people for having sex?
Amhara apartheid, you do not know it? it is because you were beneficiary.
Compare South Africa apartheid with Amhara apartheid
South African apartheid ;
Language: Official Language ? Afrikaans only , all South African forced to speak, learn, use Afrikaans
Land: All land owned by whites only
Power: All power owned by whites only
Language: all languages in South African not allowed
Other ethnics: either kept in concentration camps or worked as slaves
Amhara apartheid:
Language: official language Amharic and still it is like that
All languages banned systematically
Land: owned by Amhara
Power: owned by Amhara
Education; Amhara only
Wealth Amhara only,
People or other none Amhara were not only deprived of their whoness, but were called Baria, Shankla Gala, Yewef Quanka Tenagariwotch?
Studies done by Clottochronolosigsts who study the origin of languages has proved Tigray is the direct derivative of Geez. Tigrignea is just another Geez. Studies also proved Amharic adopted Geez alphabet in the 14 century after Jesuit and Luthran missionaries decided to use Geez alphabet to teach their religion to Amhara and Amharic has no historical relationship with Geez. But they stole our alphabet and they told us our language is Yewef Quanka? went further and now they even tell us Geez Alphabet is Amharic alphabet? Geez alphabet is Ethiopian alphabet, Geez Calendar is Ethiopian Calendar while the truth there is no Amhara or Ethiopian alphabet or Calendar or language because Geez Alphabet is Geez alphabet, Geez Calendar is Geez Calendar and Geez lanuguage.
There is one thing Amhara apartheid differs from South African apartheid, Amhara apartheid steals Tigreans history, culture, language, alphabet, calendar, dress, Ashenda, etc.
As to TPLF, TPLF is ideology is evil from day one. Do you know they were executing TPLF fighters who were found having sex? TPLF was anti human from day one. it executed young people for having sex. It killed people who were founding having different idea or different world view. I am not sure if Mao evil to this level. Killing people for having sex?