Issues in relation to which referendums are mandatory at the national level

TheConstitution of the Federal Democratic Republic of Ethiopia

(Adoptedin August 1995)

http://www.apapeth.org/Docs/constitution%20-english.pdf

Article 39 Rights ofNations, Nationalities, and Peoples (Mandatory referendum)

1. Every Nation, Nationality and People in Ethiopiahas an unconditional right to self-determination, including the right tosecession.

4. The right to self-determination, includingsecession, of every Nation, Nationality and People shall come into effect:

   (a) When ademand for secession has been approved by a two-thirds majority of the membersof the Legislative Council of the Nation, Nationality or People concerned;

   (b) When theFederal Government has organized a referendum which must take place withinthree years from the time it received the concerned council’s decision forsecession;

   (c) When thedemand for secession is supported by majority vote in the referendum;

   (d) When theFederal Government will have transferred its powers to the council of theNation, Nationality or People who has voted to secede; and

   (e) When thedivision of assets is effected in a manner prescribed by law.

Article 47 Member States ofthe Federal Democratic Republic (Mandatory referendum)

2. Nations, Nationalities andPeoples within the States enumerated in sub-Article 1 of this article have theright to establish, at any time, their own States.

3. The right of any Nation,Nationality or People to form its own state is exercisable under the followingprocedures:

   a) When the demand for statehood has beenapproved by a two-thirds majority of the members of the Council of the Nation,Nationality or People concerned, and the demand is presented in writing to theState Council;

   b) When the Council that received the demandhas organized a referendum within one year to be held in the Nation,Nationality or People that made the demand;

   c) When the demand for statehood issupported by a majority vote in the referendum;

   d) When the State Council will havetransferred its powers to the Nation, Nationality or People that made thedemand; and

   e) When the new State created by thereferendum without any need for application, directly becomes a member of theFederal Democratic Republic of Ethiopia. 

Mandatoryreferendum is foreseen by the Constitution only in two cases; nationalself-determination and devolution