Are referendum results binding?

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. 

Referendumin the cases mentioned in article 39 and 47 is always binding although thedemand for secession must first be approved by the legislative council accordingto article 39.4a and 47.3a of the Constitution.