Understanding Federalism: Understanding Federalism: Diffenent models-Different Diffenent models-Different

ChallengesChallengesAdvantages-DisadvantagesAdvantages-Disadvantages

By Dr. Erato Kozakou-Marcoull isBy Dr. Erato Kozakou-Marcoull is

Former Minister of Foreign AffairsFormer Minister of Foreign AffairsAt the roundtable discussion organized by the At the roundtable discussion organized by the

European Parliament Off ice in Cyprus:European Parliament Off ice in Cyprus:““ Federal States in the EU: Challenges and Federal States in the EU: Challenges and

Opportunit ies”Opportunit ies”21 December 2015 21 December 2015 11

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Systems of governmentSystems of governmentUnitary-federal-confederation: definit ionsUnitary-federal-confederation: definit ions

• UnitaryUnitary: : A unitary state, is a sovereign state governed as a single entity. The central government is supreme, and the administrat ive divisions exercise only powers that the central government has delegated to them.

• Federal: A federal state is a sovereign complex state where the power is shared between the central government and the governments of the constituent units (at least two). In a federal state there are two levels of government, the central or national and the regional, each of which has specific powers/competencies (legislative, executive, judicial) to be granted by the Federal Constitut ion. The single international legal personality of the federal state is a subject of rights and obligations under international law.

• Confederation: Is a union of sovereign independent states which through a treaty they delegate some powers to common insti tut ions, usually for coordination of policies or actions in some strictly defined areas (usually defence and foreign policy) regarding their relations with third countries. Each member unit preserves its autonomous international legal personality, in addition to the functional personality of the confederation, (former examples are the North American States during 1776-1787, Switzerland during 1291-1847 and today the Commonwealth, the European Union, the CIS).

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Federal Countries in the WorldFederal Countries in the Worldand in the EU (and in the EU ( in redin red ))

1.1. ArgentinaArgentina2.2. Austral iaAustral ia3.3. AustriaAustria4.4. BelgiumBelgium5.5. Bosnia and HerzegovinaBosnia and Herzegovina6.6. BrazilBrazi l7.7. CanadaCanada8.8. ComorosComoros9.9. EthiopiaEthiopia10.10. GermanyGermany11.11. IndiaIndia12.12. MalaysiaMalaysia13.13. MexicoMexico

1414 . . NepalNepal15.15. The Federated States The Federated States of Micronesiaof Micronesia16.16. NigeriaNigeria17.17. PakistanPakistan18.18. RussiaRussia19.19. St Kitts and NevisSt Kitts and Nevis20.20. South AfricaSouth Africa21.21. SpainSpain22.22. Switzerland Switzerland 23.23. United Arab EmiratesUnited Arab Emirates24.24. United States of United States of AmericaAmerica25.25. VenezuelaVenezuela

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Map of Federal CountriesMap of Federal Countries

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Models of Federal CountriesModels of Federal Countries

• ““Classic” modelClassic” model: USA (1780), Switzerland (1848), : USA (1780), Switzerland (1848), Canada 1867), Canada 1867), Australia (1901), formerly unions of Australia (1901), formerly unions of independent states that evolved into federal countries.independent states that evolved into federal countries.

• Evolution from Unitary systemsEvolution from Unitary systems: Belgium (1993), : Belgium (1993), Ethiopia (1995)Ethiopia (1995)

• Emerging from ethnic conflictsEmerging from ethnic conflicts: Bosnia & Herzegovina : Bosnia & Herzegovina (1995), South Africa (1996)(1995), South Africa (1996)

• Latin American federationsLatin American federations: Venezuela (1811), Mexico : Venezuela (1811), Mexico (1824), Argentina (1853), Brazil (1891). Started as (1824), Argentina (1853), Brazil (1891). Started as federal states, fell into dictatorships and then returned to federal states, fell into dictatorships and then returned to democracy around the end of the 20democracy around the end of the 20 thth century as federal century as federal countries.countries.

• Post colonial federationsPost colonial federations: India (1949), Nigeria (1954), : India (1949), Nigeria (1954), Pakistan (1956), Malaysia (1957)Pakistan (1956), Malaysia (1957)

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Variety of federationsVariety of federations

• 25 countries and 25 countries and 40% of world population 40% of world population and and 50% of 50% of surface of earth.surface of earth.

• Some have very Some have very large territorieslarge territories : The largest is the Russian : The largest is the Russian Federation (17m kmFederation (17m km22)) , Canada (9.9m km, Canada (9.9m km22), USA (9.3m km), USA (9.3m km22), while ), while others have very others have very small territoriessmall territories : The smallest is St Kitts and : The smallest is St Kitts and Nevis (261 kmNevis (261 km22) followed by Micronesia (702 km) followed by Micronesia (702 km22))

• Some have very Some have very large populationslarge populations : The federal country with the : The federal country with the largest population is India (with 1.3 bn) followed by USA (324m), largest population is India (with 1.3 bn) followed by USA (324m), while others have very while others have very small populationssmall populations : The country with the : The country with the smallest population is St. Kitts and Nevis (52,000) followed by smallest population is St. Kitts and Nevis (52,000) followed by Micronesia (108,000).Micronesia (108,000).

• They vary with regard to the They vary with regard to the number of the constituent units number of the constituent units (CU):(CU): 2 CU (Bosnia & Herzegovina, Saint Kitts and Nevis), 3 CU 2 CU (Bosnia & Herzegovina, Saint Kitts and Nevis), 3 CU (Belgium), 6 CU (Australia), 10 CU (Canada), 16 CU (Germany), 28 (Belgium), 6 CU (Australia), 10 CU (Canada), 16 CU (Germany), 28 CU (Switzerland), 28 CU (India), 50 CU (USA), 89 CU (Russian CU (Switzerland), 28 CU (India), 50 CU (USA), 89 CU (Russian Federation).Federation).

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Variety of FederationsVariety of Federations• They vary as to the They vary as to the name of the CUname of the CU : Republics, States, Provinces, : Republics, States, Provinces,

Cantons, Emirates, LCantons, Emirates, Länder, Regions and Communities, Autonomous areas, änder, Regions and Communities, Autonomous areas, Territories.Territories.

• They vary as to the They vary as to the size of the area and the population of the CUssize of the area and the population of the CUs

• They differ as to the They differ as to the official languagesofficial languages: 1 official language (USA, Brazil, : 1 official language (USA, Brazil, Mexico, Germany, Austria), Bilingual (Canada, Pakistan), 3 languages Mexico, Germany, Austria), Bilingual (Canada, Pakistan), 3 languages (Belgium, Bosnia & Herzegovina), 4 languages (Switzerland), 11 languages (Belgium, Bosnia & Herzegovina), 4 languages (Switzerland), 11 languages (South Africa), 18 languages (India).(South Africa), 18 languages (India).

• Some federations are Some federations are highly centralizedhighly centralized, concentrating power in the , concentrating power in the central government, while others are central government, while others are decentralizeddecentralized, with extensive , with extensive autonomy and discretion granted to the CUs. autonomy and discretion granted to the CUs.

• Some have Some have Prime Ministers and Parliamentary governmentsPrime Ministers and Parliamentary governments, while , while others have others have Presidential systemsPresidential systems..

• Some countries have very Some countries have very homogeneous populationshomogeneous populations, others have very , others have very diverse populations.diverse populations.

• Some are Some are rich rich and others are and others are poor countries.poor countries.

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Variety of FederationsVariety of Federations• Variations as to the Variations as to the residual powersresidual powers : In the majority of : In the majority of

federal countries the federal countries the residual powers residual powers lie with the CUs, with lie with the CUs, with the exception of Belgium, Canada, India, South Africa and the exception of Belgium, Canada, India, South Africa and Spain, where Spain, where residual powers residual powers rest with the federal rest with the federal government.government.

• Variations as to the Variations as to the distribution of powers distribution of powers between the between the federal government and the governments of the CUs. federal government and the governments of the CUs. Nevertheless, in all federal countries External Relations, Nevertheless, in all federal countries External Relations, Economy, International trade, citizenship, defense, currency Economy, International trade, citizenship, defense, currency and monetary policy, treaty ratification, belong to the federal and monetary policy, treaty ratification, belong to the federal government.government.

• The majority of federal countries are The majority of federal countries are symmetric symmetric federationsfederations , where the CUs have the same powers, while in , where the CUs have the same powers, while in asymmetric federationsasymmetric federations the powers may be different the powers may be different among constituent units, with some having special rights among constituent units, with some having special rights regarding language or culture (e.g. Russia, Canada, Spain, regarding language or culture (e.g. Russia, Canada, Spain, India). India). 99

Basic characteristics of federal statesBasic characteristics of federal states• Constitut ionally guaranteed distr ibution of powers Constitut ionally guaranteed distr ibution of powers

between the central federal government and the governments of between the central federal government and the governments of the CUsthe CUs

• Constitut ionally guaranteed autonomy Constitut ionally guaranteed autonomy of the CUs, while of the CUs, while the unity of the country is safeguarded under the unity of the country is safeguarded under one central one central government government with with one sovereignty one sovereignty and and one international one international personali typersonali ty , which represents the country as a whole abroad., which represents the country as a whole abroad.

• In a federal state there is In a federal state there is one common cit izenship one common cit izenship for all the for all the citizens of the country.citizens of the country.

• There is There is unity of the people and the economyunity of the people and the economy ..• There are There are at least two CUs, at least two CUs, each one of which has its own each one of which has its own

executive, legislative and judicial institutions.executive, legislative and judicial institutions.• The The federal state is the only subject of international federal state is the only subject of international

law law and not the CUs. Responsibility under international law for and not the CUs. Responsibility under international law for actions or omissions of the federal state lies with the sole legal actions or omissions of the federal state lies with the sole legal personality of the federal state and not with the CUs. personality of the federal state and not with the CUs.

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Fundamental characteristics of Fundamental characteristics of successfulsuccessful federal democracies federal democracies

• Continued Continued inter-governmental consultation inter-governmental consultation and and negotiationnegotiation within and outside of the formal institutions of governmentwithin and outside of the formal institutions of government

• Inter-governmental cooperationInter-governmental cooperation , especially a pragmatic , especially a pragmatic approach towards solving public problemsapproach towards solving public problems

• There is a need for There is a need for federal loyaltyfederal loyalty , which is defined as a moral , which is defined as a moral commitment to work together to achieve the objectives and fulfill the commitment to work together to achieve the objectives and fulfill the needs of the federal polityneeds of the federal polity

• There is also a need for promoting and nourishing There is also a need for promoting and nourishing federal comity federal comity which is viewed as a willingness to compromise, exercise which is viewed as a willingness to compromise, exercise forbearance and understand the point of view of the otherforbearance and understand the point of view of the other

• At the same time some At the same time some inter-governmental competit ioninter-governmental competit ion is vital is vital to restrain power, promote efficiency and foster innovation. Such to restrain power, promote efficiency and foster innovation. Such competition is enhanced when there is competition is enhanced when there is freedom of mobil i ty and freedom of mobil i ty and establishment of cit izens and freedom of movement of establishment of cit izens and freedom of movement of capital and services.capital and services.

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Advantages of Federal statesAdvantages of Federal states1.1. Distribution of powerDistribution of power:: The classical The classical horizontalhorizontal

division of the powers of state (legislative - executive division of the powers of state (legislative - executive - judicial) is complemented by a - judicial) is complemented by a verticalvertical division of division of power between the state as a whole and the power between the state as a whole and the individual CUs. This ensures that there are individual CUs. This ensures that there are checks checks and balances, helping to prevent abuse of powerand balances, helping to prevent abuse of power..

2.2. CompetitionCompetition:: The CUs are always competing. This The CUs are always competing. This competition fosters progress and helps to avoid competition fosters progress and helps to avoid undesirable developments at the national level. undesirable developments at the national level.

3.3. Balance:Balance: Through aiming at mutual control, Through aiming at mutual control, reciprocal consideration and the need to seek reciprocal consideration and the need to seek compromises, extreme positions are curtailed. compromises, extreme positions are curtailed. Federalism has a balancing and thus a stabilizing Federalism has a balancing and thus a stabilizing effect. effect.

4.4. Diversity:Diversity: The division of the country in CUs The division of the country in CUs guarantees that many economic, political and cultural guarantees that many economic, political and cultural centers develop. This provides a more favorable centers develop. This provides a more favorable environment to preserve and develop specific environment to preserve and develop specific regional, historical, economic and cultural features. regional, historical, economic and cultural features.

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5.5. More democracyMore democracy :: Each cit izen has Each cit izen has two opportunit ies two opportunit ies to to exercise the most fundamental democratic right, namely exercise the most fundamental democratic right, namely the the r ight to voteright to vote ; in a federation, elections are held both for the ; in a federation, elections are held both for the national parl iament and for the parl iaments of the individual national parl iament and for the parl iaments of the individual federated units federated units

6.6. Citizen-oriented actionCit izen-oriented action :: Cit izens enjoy more rapid access to the Cit izens enjoy more rapid access to the public authorit ies. I t is easier for them to contact polit icianspublic authorit ies. I t is easier for them to contact polit icians

7.7. and the public authorit ies than in a unitary state with a remote and the public authorit ies than in a unitary state with a remote and anonymous centre. and anonymous centre. The government remains closer to the The government remains closer to the peoplepeople , providing more say in issues that directly concern them , providing more say in issues that directly concern them at both levels.at both levels.

8.8. Ident ity:Ident ity: The identity and culture of CUs is protected and The identity and culture of CUs is protected and preservedpreserved

9.9. The autonomyThe autonomy of the CUs is being safeguarded, while important of the CUs is being safeguarded, while important issues l ike foreign affairs, national defense, economy, issues l ike foreign affairs, national defense, economy, cit izenship, immigration, etc are being handled joint ly at the cit izenship, immigration, etc are being handled joint ly at the federal level.federal level.

10.10. DevelopmentDevelopment of the country is encouraged through of the country is encouraged through decentralization and a regional manner. I t al lows for unique decentralization and a regional manner. I t al lows for unique and innovative methods for tackling social, economic and and innovative methods for tackling social, economic and polit ical problems.polit ical problems. 1313

Disadvantages of federal statesDisadvantages of federal states1.1. Lack of uniformity:Lack of uniformity: The CUs’ autonomy necessarily means there The CUs’ autonomy necessarily means there

are are differences between the unitsdifferences between the units . Citizens living in different . Citizens living in different parts of the country may be parts of the country may be treated differentlytreated differently , not only in , not only in spending programs, such as welfare, but in legal systems that spending programs, such as welfare, but in legal systems that assign in different places different penalties to similar offenses or assign in different places different penalties to similar offenses or that differentially enforce civil rights lawsthat differentially enforce civil rights laws

2.2. Complicated:Complicated: As decisions are taken in many different centers in As decisions are taken in many different centers in the Federal Government and power is shared between the the Federal Government and power is shared between the Federation and the CUs, Federation and the CUs, it is essential that the various levels it is essential that the various levels of government co-operate and show consideration for of government co-operate and show consideration for each othereach other . This interweaving of responsibility is complex and . This interweaving of responsibility is complex and sometimes hard for citizens to understand sometimes hard for citizens to understand

3.3. Time-consuming:Time-consuming: The parliaments, governments and The parliaments, governments and administrations of the Federation and the federated units have to administrations of the Federation and the federated units have to wait for initiatives, decisions or consent from each other and engage wait for initiatives, decisions or consent from each other and engage in lengthy negotiations in order to arrive at joint solutions. This can in lengthy negotiations in order to arrive at joint solutions. This can be a be a time-consuming processtime-consuming process . .

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4.4. I t can lead to duplicationIt can lead to duplication of government and of government and inefficient, over-lapping or contradictory policies in inefficient, over-lapping or contradictory policies in different parts of the country. different parts of the country.

5.5. I t can lead to inequalityIt can lead to inequality between the federated between the federated units and lead to unhealthy competition and rivalry units and lead to unhealthy competition and rivalry between them. between them.

6.6. I t can lead to neglectIt can lead to neglect in important areas of public in important areas of public policy. A solution depends on co-operation between policy. A solution depends on co-operation between the administrations of the federated units. the administrations of the federated units.

7.7. I t can lead to over-governmentIt can lead to over-government . It is often . It is often argued that nations, especially small ones, cannot argued that nations, especially small ones, cannot afford to have multiple legislative bodies and multiple afford to have multiple legislative bodies and multiple local governments. local governments.

8.8. I t can lead to disputesIt can lead to disputes over power/national over power/national supremacy versus state’s rightssupremacy versus state’s rights

Conclusions Conclusions

• Federalism is Federalism is not a panacea not a panacea and it does not solve all and it does not solve all problemsproblems

• It is important to It is important to create a federalist culturecreate a federalist culture , as well as a , as well as a culture of culture of consensus-buildingconsensus-building , cooperation, tolerance, , cooperation, tolerance, mutual understanding and respect of differences, diversity mutual understanding and respect of differences, diversity and multiculturalism, devotion to the common institutions and and multiculturalism, devotion to the common institutions and creation of a shared identitycreation of a shared identity

• There is There is no specific model of federation no specific model of federation which could be which could be copied from one and implemented in another countrycopied from one and implemented in another country

• Every federation has its Every federation has its own special characteristics own special characteristics and and it adapts to the needs of a specific country and a specific it adapts to the needs of a specific country and a specific peoplepeople

• In the In the 2121 s ts t century century it is expected that more countries will it is expected that more countries will move towards federalism, especially federations emerging move towards federalism, especially federations emerging from post conflict situations (both international and ethnic)from post conflict situations (both international and ethnic)

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• A A great challengegreat challenge for many countries facing separatist for many countries facing separatist threats, remains the adaptation of the political system of threats, remains the adaptation of the political system of the country in order to meet the needs of different groups the country in order to meet the needs of different groups of the population (ethnic, linguistic, culturally diverse)of the population (ethnic, linguistic, culturally diverse)

• In fact, In fact, in societies with histories of in societies with histories of interethnic interethnic tensions or powerful secessionist sentiments,tensions or powerful secessionist sentiments, a a federation may be the only way to avoid partition and to federation may be the only way to avoid partition and to sustain democracy through power sharing at the centre, sustain democracy through power sharing at the centre, while preserving the territorial integrity of the federation.while preserving the territorial integrity of the federation.

• A federal arrangement has the potential of A federal arrangement has the potential of fostering fostering peace peace andand preventing recurrence of conflict and war in preventing recurrence of conflict and war in deeply divided societies.deeply divided societies.

• Federal arrangements can accommodate Federal arrangements can accommodate ethnic ethnic communities’ aspirations communities’ aspirations by preserving their culture, by preserving their culture, language and religion, through an autonomous language and religion, through an autonomous administration of a territorial space. administration of a territorial space.

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• What remains cardinal in a European Union What remains cardinal in a European Union environment is environment is to safeguard the protection of to safeguard the protection of individual human rights and fundamental individual human rights and fundamental freedoms, freedoms, through the primacy of European through the primacy of European Community law, as enshrined in Community law, as enshrined in the Treaties and the the Treaties and the basic principles upon which the EU is founded. basic principles upon which the EU is founded.

• This is more so in the cases of This is more so in the cases of ethnic federations ethnic federations where where functionalityfunctionality is also of vital importance for the is also of vital importance for the viabili ty and sustainabil ity viabil i ty and sustainabil ity of the federal of the federal arrangement.arrangement.

• Federalism, Federalism, by allowing by allowing power power to be at once to be at once divided and coordinateddivided and coordinated , enables respect for , enables respect for different identities, accommodation, multicultural co-different identities, accommodation, multicultural co-existence, tolerance and cooperation to take place and existence, tolerance and cooperation to take place and acts in a positive way for keeping a country together acts in a positive way for keeping a country together rather than divided.rather than divided.

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