The Status of Special Police in Ethiopia: Peace, National Security and Human Rights

Abstract

The Constitution of the Federal Democratic Republic of Ethiopia (The FDRE Constitution) was adopted in 1994 and entered into force in 1995, entrenches a federal system which was de facto in place since 1991. The federal system was adopted to achieve unity through diversity and recognized the need to end the cycle of political crisis by decentralizing power and resources to nine constituent states and one autonomous city, thereby ensuring self- administration right to the ethno-linguistic groups at various levels. The FDRE Constitution provides for powers of both Federal and State governments. Article 51 (6) of the same empowers the federal government to establish Federal Police Force while Article 52(2)(g) provided that states have the power to establish and administer a state police force with the aim of maintaining public order and peace within states. This provision of the constitution allows States to have police forces with the necessary training and weaponry essential to enforce the law and maintain public order and peace. All states have established their own police force. Besides, States have established Special Forces (Liyu police) with special mandate. However, in recent years, increasing numbers of the wider population including high ranking officials are questioning the status of Regional Special Forces. This paper uses doctrinal and comparative methodology to examine the status, constitutionality, human rights abuses and national security issues resulting from Regional Special Forces. It argues that the FDRE Constitution has a loophole, which allowed states to establish special police whose operation resulted in human right abuses, arms race, and border conflict, endangering peace and national security of Ethiopia. It provides the way forward.