Akademik Veri Yönetim Sistemi
Journal of Justice (journalofjustice.org), cilt.4, sa.1, ss.103-152, 2020 (Hakemli Dergi)
The right to self-determination has been a heavily debated concept in both international and domestic law, particularly as it relates to ethnic minorities. Traditionally, self-determination was seen as the right of peoples under colonial rule to achieve independence. However, the inclusion of the right to self determination in the international human rights discourse has emerged with different interpretations. The broadening of the right to self-determination to grant ethnic minorities autonomy has sparked debate on the subject, content and scope of the right. The main problem with the right to self-determination is its ambiguous expression in the relevant international legal documents. Since it gives a room for interpretation, the scope and application of the right has been the subject of academic debate. Ethnic minorities (nations, nationalities and peoples) in Ethiopia have a constitutional right to self-determination including the right to secede from the federation. However, the right to self determination remains absurd as the subjects of the right are not properly defined. It is therefore necessary to clarify the concept of self-determination in the context of the rights of ethnic minorities. Thus, this article strives to investigate the conceptual underpinnings of the right to self-determination in relation to ethnic minorities based on the Ethiopian experience.