Constitutional

Development of Ethiopia
Ayana Simachew, Assistant Professor

November 2022
• 1.Ethiopia Before 1990
• Ancient and Medieval Traditional unwritten
Constitutional Documents of Ethiopia
• Introduction.
• Prior to 1931 there was no modern written
constitution in the history of Ethiopia.
• In this regard, absence of written constitution
does not imply or signify the absence of
constitution.
 Cont’d…
• Indeed, there exists a sophisticated
constitutionally significant traditional
documents which serves as a supreme law of
the land till the promulgation the 1931
Constitution.
• These traditional unwritten constitutional
documents were Kibre Negest, Feteha Negest
and Serate Mengist
 Cont’d…
1. Kibre Negest (The Glory of the Kings.)
• The Kibre Negest also known as the glory of
kings vividly dealt with the legend of a
Solomonic Dynasty and thus served certain
political-religious needs of the time in the
constitutional process.
• It regulated the power of the Emperor. It tried
to relate Queen Sheba of Axum with king
Solomon of Israel.
 Cont’d…
• This document determines who will be the
Emperor.
• Originally it was written in Geez and it is not
known who wrote it.
• It related queen Shaba of Axum with the king
Solomon of Israel.
 Cont’d…
• According to this tradition, the Queen of
Sheba (called Makeda visited Solomon's court
after hearing about his wisdom. She stayed
and learned from him for six months. ... She
returned to her kingdom, where she
bore Solomon a son, Menilek I.
 Cont’d…
• It did not permit anyone to be a king outside the
Solomonic dynasty
• According to this document, kings were the direct
descendants of Jesus Christ
• It was because of this factor that feudalism existed
in Ethiopia for long
• The kibre Negest was not a true constitution but it
was a document used as a source for the
background of the constitutional dev’t of Ethiopia
 Cont’d…
• Kibre Negest has 117 chapters; originally
written in Coptic i.e. Egyptian language, then
translated into Arabic by a team of Ethiopian
clerics and finally into Ge'ez at the command
of the governor of Enderta Ya'ibika Igzi' by
Nebura‟ed Yeshaq of Aksum
 Cont’d…
• In general, Kibre Negest served certain
politico-religious needs of the time in the
constitutional process of the country and be
mentioned as a source for the background of
the constitutional development of Ethiopia.
 Cont’d…
• 2. THE FETHA NAGAST (THE LAW OF THE KINGS)
• Fetha Negast is a collection of laws; originally
written in Arabic by the Coptic Egyptian writer
Abu-l Fada‟il Ibn al-Assal.
• The document was compiled in Arabic language
and named Nomo Canon and later changed in to
Fetha Nagast (the Law of the Kings) when it
reached the Ethiopian soil in the middle of 15th
century during the Reign of Emperor Zera Yaqob.
 Cont’d..
• The Fetha Nagast consisted of two parts; the
first part of the document dealt with mostly
ecclesiastic affairs and outlining the structure
of the church hierarchy.( Spiritual) Orthodox
Churchl)
• The second part deals with issues pertaining
to different laws, like family law, debt, civil
force or used as a constitution during the
Reign of Sarsa Dengel( Secular Part)
 Cont’d…
• Starting from the reign of Sersa Dengle up to
the promulgation of the first written
constitution of Ethiopia in 1931, Fetha Negest
remained officially the supreme law of the
land.
• It served the former Ethiopian Kings up to
1931 Constitution.
 Cont’d..
• Generally,
• Fethe Neagest was legislation (Written law)
originated from Egypt and introduced to Ethiopia in
the 15th century
• Fetha Negast was used for Northern part of Ethiopia
(Highlands of Abyssinia)
• Fetha Negest was translated into Geez and served
only to the Palace
• It was used during the periods of Emperor Tewdros,
Yohannes, Menilik and Haileslessie
 Cont’d…
• 3. SER’ATA MENGEST
• Ser’ata Mengest was an important guideline
for the political life of the royal court as well as
for the ruling elements connected with it.
• It was in fact a protocol of ceremonies, which
had to be consulted whenever occasions
required it.
 Cont’d…
• The most real decrees of the Sar‟ate Mengest
were:
• (a) King‟s Coronation,
• (b) According to a custom initiated by King
Amda Seyon, the daughters of Zion bar – the
way of the new King with a rope when he goes
to Axum to be crowned, and
• (c) Queen's Coronation (on Sunday‟s)
 Cont’d…
• The Ser‟ata Mangist can hardly be considered
to be a document of Constitutional Law in its
widest sense.
• Nonetheless, as it is the first document known
to have been used for allocating power among
the Crown, its dignitaries and the Church, by
means of “
 Cont’d…
• a protocol of ceremonies which had to be
consulted whenever occasions required it…”
and tried to lay out a pattern of succession to
power, though “[t]he problem of
primogeniture was more theoretical than
practical as incessant rivalries among
members of the royal house intermittently
switched lines. ..
 Cont’d…
• The tradition of mountain prison was doubtless a
by product of such an anomaly.”, may be
considered as the initial document of the
Axumite Civilization, which was reinstituted
during the time of Amda Tsion (1314-1344)
culminating at the time of Fasiladas (1632-1667).
• As it contained some twenty one articles of law,
it seems appropriate to mention some of its
most important features.
 Cont’d…
• The leader being crowned used to be referred
to as „Atse‟ meaning King or „NigusNiguse
Negest‟ meaning King of Kings.
• He also was referred to as „Jhan‟ meaning
Judge. Signs attributing power used to be the
„Blull‟ - a ring worn in the right-ear by the
leader, the „Sendeq Alama‟ or the Royal Flag
having an orb and a cross on top as emblem,
with two live lions sitting at either side.
 Cont’d..
• II. Ethiopia After 1900
• During this period Ethiopia was under the
administration of Emperor Menelik II
• He systematically stretch the boundaries of his
empire
• He was successful in uniting Ethiopia which
was not successful in Tewdros period
 Cont’d…
• Addis Ababa became the center of
government.
• Ethiopia was divided into different
administrative units
• They established first instance and appellate
courts.
• He enacted proclamation in 1908 which
established the executive organ with 9
ministers for 1st time in history of the country.
 Cont’d..
• This move resulted in the following ministries:
• 1. Ministry of Justice
• 2. Ministry of Interior
• 3. Ministry of Commerce and Foreign Affairs
• 4. Ministry of Finance
• 5. Ministry of Agriculture and Industry
• 6. Ministry of Public works
• 7. Ministry of War
• 8. Ministry of Pen
• 9. Ministry of Palace
 Cont’d…

• The 1908 proclamation defined the powers and

functions of ministries.
• The ministers served until Ethiopia was
occupied by Italy in 1936
• Ingeneral
• Fitha Negest
• Kibre Negest
• The Menelik Proclamation and other religious
documents were used as constitutions.
 Cont’d…
• So, Ethiopia did not have a written
constitution until 1930.
 Cont’d….
1.The 1931 written Constitution,( the
Japanese Paradigm)
• The Meiji Constitution was conceived as a
benevolent gift of the Emperor of Japan to his
people.
• The myth of legitimating claimed that ruling
Japan had been entrusted to the Emperor
through his ancestors from Amaterase Omikami,
the son Godess
 Cont’d….
• The most novel aspect of the Mejji constitution was
its bi-cameral nature.
• The House of peers, the Upper House, consisted of
members from the imperial nobility, marques,
lower nobility, the imperial academy and high
taxpayers.
• The House of Representative was popularly elected
from constituencies.
• The Emperor had veto power over any executive
acts and enactments.
 Cont’d…
• The Emperor had the prerogative to
determine the organization of all organs of
administration, pursuant to which the cabinet
headed by the prime Minister was appointed
by the Emperor on the advice of elder
statesmen.
• Judicial authority was, in similar manner,
invested in the sovereign power of the
Emperor.
 Cont’d…
• The social-structure and the corresponding
political configuratio19th Century were very
much in line with that of Ethiopia n of
Japanese society at the close of the as can be
abstracted from the above bird‟s eye-view
exposition.
• The 1931 Constitution was considered as the
first modern written constitution in the history
of Ethiopia.
 Cont’d…
• This constitution was drafted by Bejrond Tekle
Hawariat the then Minister of Finance.
• The Constitution was modeled on the Meijji
constitution of Japan (which in turn was based
on the 1871 German constitution)
 Cont’d…
• Reasons for the formulation of the 1931
Constitution.
• 1. Consolidation and centralization of power
• The primarily intention of Haileselassie was to
strengthen and solidify his own power by
undermining the various Rases whose
potential threats were still powerful.
 Cont’d…
• To this end, Article three declares, „…the
imperial dignity shall remain perpetually
attached to the line of his majesty Haile
Selassie I, descendant of King Sahle Selassie
whose line descends without interruption
from the dynasty of the Menlik I, son of King
Solomon of Jerusalem and Queen Sheba.
 Cont’d..
• Again articles five states that „the person of
the Emperor is sacred, His dignity inviolable
and His power indisputable.‟ His power was
unrestricted and his functions were multi-
faceted.
• The bulk of the other provisions provided
about the power and prerogatives of the
Emperor
 Cont’d…
• All of these provisions imply his intention to
consolidate and centralize his power and to
limit the power of the nobility by establishing
parliament.
• II. Modernization.
• The second main motive of the constitution
was modernization; the emperor was also
aimed at modernization.
 Cont’d…
• In promulgating the Constitution, the Emperor
said: “… the Constitution will contribute to the
happiness and prosperity of our beloved
people.”
• His declared intention was to put the people
to the road to “happiness and civilization
attained by independent and cultured
nations”.
 Cont’d…
• III. To establish International Relations.
• In 1919 League of Nations was established at Vienna
(Austria) there was series debate whether or not to accept
Ethiopia as a member of League of Nations.
• Some of the debates where Ethiopia is uncivilized and a
country which exercise rampant slave trade shall not be a
member of the league
• Ethiopia abolished slave trade in 1924 by law
• As a result of these reasons, the Emperor HaileSlassie
needed to have a Constitution of 1931
 Cont’d…
• The constitution has 2 parts; The specific and general parts
A. The Specific part
- This is a separate document of the constitution
- Why specific document?
• the Nobility and Bishops were excluded from the general part.
• The general part did not address the rights and duties of bishops and
nobility).
• So, address (to give rights and privileges of the nobility this specific
document was made). It was not official
 Cont’d…
II. The General Part
• This part is the official document distributed within and outside the
country.
• The 1931 consists of 7 chapters and 55 articles.
• Chap.1- deals with Ethiopian empire and succession to
the throne
• Chap2- defines the powers and privileges of the
Emperor.
• Chap3- deals with rights and duties of citizens
•
 Cont’d…
• Chap 4,5, and 6 established 3 organs of the
govt legislative executive and judiciary
respectively.
• Chapter 7 deals about the budget of the
Imperial government.
 Cont’d…
• Structure and Operation of Government
under 1931 Constitution

• 1. The
Legislature.
• The 1931 constitution formulates two chambers of a
parliament known as deliberative chambers (Art 30).
• These were the Senate and the Chamber of Deputies.
• The senate was the Supreme Chamber
 Cont’d
• The members of the Senate were appointed by His
Majesty the Emperor from among the dignitaries
(Mekuanent and Mesafints) who have for a long time
served his Empire as princes or ministers, judges or army
leaders.(Art 31)
• Members of senate were elected for 6 years.
• The members of the Chamber of Deputies shall be chosen
by the dignitaries (Mekuanent) and the local chiefs
(Shumoch).
• Despite the creation of deliberative chambers (parliament),
the parliament was a tooth-less legislative branch
 Cont’d…
• It was amodernization and centralization instrument f
launched by the Emperor.
• The primary function of the parliament was advisory
• It had the function of merely discussion.
• They cannot even initiate legislation.
• They were not intended to participate in decision
making
 Cont’d…
• It was not also expert body capable to
scrutinize proposed legislation, since members
had little experience with written law.
• The Emperor can summon members of the
parliament to a meeting, shorten or extend
parliamentary session declare the duration of the
parliament, and if necessary keep the members in
Addis, thus successfully remove the Rases from their
power base.
 Cont’d…
• It was a rubber-stamping parliament, under
absolute monarchy.
• The emperor was given absolute veto power as
his inherent right and power to dismiss the
chambers.
• Generally, the parliament played no more than
a decorative role on the Ethiopian scene.
 Cont’d..
• Laws were made by the emperor on advice of the
ministers and foreign advisors, and parliament rubber
stamped them.
• Its meetings were closed to the public and news of its
doings seldom appeared in the press.
• II. The Executive
• The 1931 Constitution introduced the idea of
collective ministerial responsibility.
• As there was no prime minister, the ministry of pen
(„keeper of the seal‟) acted as the first among equals.
 Cont’d…
 .Theoffice of PM was not established but it was
later in 1943 the pm office was established by proc
No.2/1942.
 The Emperor could choose the PMm and all other
ministers and each ministers was directing
responsible to him.
 The major responsibility of the ministers was to
submit in writing to the emperor their opinion on the
affairs of their respective departments (Advisory
role)
 Cont’d…

III. The Judiciary

- The Constitution established the Judicial organ .
- There were two systems of courts: Regular courts (for civil
and Criminal cases) and Administrative tribunals (for
administrative issues).
- The Emperor could appoint judges.
- Despite the creation of judicial organ of government, it was not
independent organ.
 Cont’d
• Human Rights under 1931 Constitution.
• The constitution recognized a number of rights such
as Freedom of movement, right against extra-legal
detention and sentence right as privacy, property right
and right of petition.
• But Article 29 took all of these rights by giving the
right to the Emperor to infringe all of them in case of
war or emergency
 Cont’d

• To conclude, certainly the 1931 Constitution marked

a policy decision at the top level for Ethiopia to
become a modern state.
• But, more than giving Ethiopia a modernizing image
its primary purpose and achievement was being a
legal frame work for absolutism.
 Cont’d…

2. The 1955 Revised constitution-

(Westminster paradigm)
• The 1931 Constitution served for 24yrs (1931-1955)
However; it could not bring some new changes.
• As a result , it was revised.
 Cont’d…
• Reasons for revision.
• 1. The fast development in education
transportation trade administration.
• When Ethiopia liberated form Italian occupation
1941, there was modernity and modern system of
administration.
• These had impact on the system the for 1931
constitution as it did not respond such fast devt in all
aspects.
 Cont’d
• 2. Ethio -Eritrea Federation
• Eritrea was colonized by Italy for 50yrs.
• When Eritrea liberated from Italy invading forces this
raised an issue in the administration of Eritrea.
• To solve who administers Eritrea, the UN General
Assembly formed a Commission which consists of
representations from:
 Cont’d…

• Burma, Guatemala , Pakistan, Norway and Union of

South Africa
• Eritrea was historically an integral part of Ethiopia
since the Axumite era in the 1st century
• Eritrea did not exist as a separate entity before 1890
 Cont’d..
• The commission had brought 3 different proposals to solve the
problem who administers Eritrea
The proposals were:
1. Federation of Eritrea and Ethiopia proposed by Burma and South
Africa
2. Re-union of Eritrea with Ethiopia proposed by Norway.
3. Eritrea to remain under UN Trusteeship for 10yrs and
independent state proposed by Guatemala and Pakistan
 Cont’d…
• Finally, the General Assembly approved the first
proposal and Eritrea was federated with Ethiopia.
• When Eritrea federated with Ethiopia, Eritrea had its
own constitution which embodied some modern
concepts and principles. It allowed
• Human rights, Democratic elections, Multiparty
system and so on.
 Cont’d..
• However, the 1931 constitution was backward and
outdated when it is compared to Eritrean
Constitution.
• This was another reason for revision of the 1931
constitution.
 Cont’d…
3. In 1945 Ethiopia become a founding member of UN
organization in 1947 Universal Declaration of Human
Rights (UDHR) was established and Ethiopia ratified
this at that time.
• The 1931 Constitution did not provide detailed
provisions for human rights and freedoms. This was
another reason for revision of the 1931
Constitution
 Cont’d…
• A ministerial Committee was established headed by
PM Bitwoded Mekonen Endalkachew and three
American legal advisors: A.H. Garretson, John
Spencer, and Edgar Burlington who worked with
WoldeGiorgis WoldeYohannes and Akililu Habtewold.
• The process of revising the constitution took 6 years.
• In Nov 4,1955, the revision was finalized.
• The new constitution consisted of eight
chapters and 131 articles.
 Cont’d…

• Features of The 1955 Constitution.

• Contained a number of ideas from that

document, such as a separation of powers
between three branches of government, and
careful attention given to detailing the "Rights
and Duties of the People", to which 28 articles
were devoted.
 Cont’d…

 It gives more powers to the Emperor:

• Head of State and Government

• Fountain of Justice - review all kinds of decisions of
all courts using Zufan Chilot
• The Chief law maker - He could propose any kind of
law.
 Cont’d…

• Commander- in- chief of National Army

• He has a power to approve the appointment of
bishops and Abuns.
• So, the 1955 Revised Constitution gave the Emperor
to be an absolute monarch.
 Cont’d..
Structure and operation of government

• A, Legislative branch.
• Chapter five of the constitution deals with the
legislative branch of government.
• The parliament was composed of a Chamber of
Deputies and a Senate
 Cont’d…
• The Senate is the upper House and the Chamber of Deputies is the
lower.
• Members of both chambers have to take oath to Emperor infant of
the emperor before taking office.

• A. The Senate:

• It consists of the senators appointed by the emperor for six years.

• Members were elected for six years.
• A candidate to be appointed as senator has to fulfil the following
criteria:
 Cont’d…

1. Ethiopia subject by birth,

2. has reached the age of 35 years,
3. must be prince, or other dignitary, or former high
government official or other esteemed person, and is
not disqualified under any provision of the electoral
law.
 Cont’d….
• The Emperor has power to elect president and the
two-vice president of the senate from among the
Senators.
• .B . Chamber of Deputies:

• Members of the chamber of deputies were elected by

universal adult suffrage for the first time in Ethiopian
constitutional and political history with women given
the right to vote and run for political office .
• Members were elected for four years
 Cont’d..
• Art 96 stated that to be eligible as a Deputy, a person
must be:
• -Ethiopian National by Birth, has attained the age of
25 years,
• is a bona fide resident (undertaken in good faith)
• owner of property in his electoral district to the
extent required by the electoral law and
• is not disqualified under any provision of the
electoral law.
• .
 Cont’d….
• Deputies were elected for terms of four years
and eligible for re-election.
• 2. Executive Branch.
• The Constitution established Council of Ministers.
• Article 66 declares that the Emperor has the right to
select, appoint and dismiss the Prime Minister and all
other Ministers and Vice-Ministers.
• All ministers are required to take oath of fidelity to
the Emperor and to the constitution.
 Cont’d…
• In this constitution, the Emperor had supreme power
in this field of executive (Article.27, 28, 29, and 30)
• He can appoint and dismiss not only ministers but all
other officials.
 Cont’d…
• The powers and prerogatives of the Emperor.
• Article 26 of the Constitution declares that the
sovereignty of the Empire is vested in the Emperor and
the supreme authority overall affairs of the empire is
exercised by him as the head of state.
• The Emperor determines the organization, powers, and
duties of all Ministries, executive departments and the
administration of the government and appoints,
promotes transfers, suspend, and dismisses the officials
of the same
 Cont’d…
• As stated in Article 27 of the constitution the right of
declaring war is reserved for the Emperor.
• He reserves the right to decide what armed force
shall maintain both in time of peace and war as
Commander in chief of the Armed Force.
• He has also the right to declare a state of siege,
martial law, or national emergency (Article 29).
• The Emperor exercises the supreme direction of the
foreign policy relation of the Empire.
 Cont’d…
• He has the right to settle dispute with foreign powers.
• He has also the right to ratify treaties and other
international agreements on the behalf of Ethiopia.
• He has power to confers and withdraws the title of Prince
and other honors, and institute new orders .
• The Emperor has the right to coin, print and issue money
• The Emperor has the right to convene and even decide the
opening and closing sessions of the deliberative chambers.
• He has the right to dissolve the chamber and within four
month he will arrange a new chamber.
 Cont’d…
• 3. The Judicial Branch.
• Judicial power shall be vested in the courts in
accordance with the law and in the name of the
emperor…”.
• Article 111 also declared “The judge shall be
appointed by the emperor.
• They shall be of the highest character and reputation
and shall be experienced and skilled in the law in
which they may be called up on to apply.
 Cont’d..
• The courts were distinct from the executive branch of
government, although the administration of the courts
was exercised by the ministry of justice.
• The judicial power of the empire was exercise
• Supreme Imperial Court,
• High Court
• Provincial (Awraja) Courts.
• local courts such as Atbia Dagna (village courts)
with a very limited jurisdiction.( arbitration role
 Cont’d..
• One innovation in this field is the principle of
judicial review.
• The Constitution provided rudimentary principle of
constitutionalism and constitutional supremacy.
• As part of the check and balances, the courts have
some control over the other two branches.
• They can declare null and void proclamation and acts
of the executive when these were not consistent with
the constitution
 Cont’d
• the Constitution is supreme and all branches and
levels of government organs and officials are bound
to obey it.
• In this case the revised constitution departed
considerably from the past Ethiopia tradition (Art 22)
• However, the emperor is still considered as the
source of justice( Fountain of justice)
• He was allowed to exercise his clemency and also
adjudicate cases in the highest tribunal of the country,
the Zufan Chilot
 Cont’d
• The ministry of justice is given by the proclamation
to select judges and bring the list for final approval to
the emperor.
• The emperor also uses the ministry of justice to make
sure that justice is administered in the courts.
• The ministry of justice can remove any judge he
considers to be unfit for the job.
 Cont’d
• The Human Rights
• The Constitution also contained an elaborate regime
of civil and political rights for the subjects.
• In an apparent departure from the 1931 Constitution,
it gave at least a textual recognition to rights and
liberties of citizens even though there were a clear
indifference as to the actual enforcement of these
rights and liberties.
 Cont’d
• Thus, the Constitution inserted 29 articles to provide
the protection of essential liberties and rights of the
people, although they did not state major political
right of the people, like participation in government
activities.
 Cont’d
• Check and Balance

• The 1955 Constitution expressly providing for “checks

and balances,” including:
• Proclamations passed by Parliament need approval
by the Emperor;
• Decrees by the Emperor can be repealed by Parliament;
• Joint sessions cannot be held if one chamber objects;
• Most treaties need approval by Parliament and the
Emperor;
 Cont’d
• No branch of the government can contract a
loan for Ethiopia without the approval of
Parliament;
• The Emperor can create new administrative
agencies (art. 27), but monetary appropriation
for the same is made by Parliament;
• Any future legislation that conflicts with the
Constitution is null and void.
 Cont’d
• In general
- The 1955 Constitution brought better and new ideas
than 1931
- It gave more powers to the Emperor.

- Long list of HRS and Freedoms

- Election of members of chambers of deputies for the

first time.
 Cont’d
• The 1974 Revised constitution
• By early 1974, events started to take a different
course; the entire Cabinet of Aklilu Habtewold
resigned and a creeping coup was set in motion.
• A new cabinet was established under Endalkachew
Mekonnen, which was, among other things, one
major step as it established a Constitution Revision
Commission.
 Cont’d
• The Commission managed to come up with a draft,
which appeared in one of the daily papers.
• The draft was modelled after what would be
characterized as Constitutional Monarchy of Western
Democracy with separation of power and controlling
mechanisms, with the Emperor, as Head of State, had
one effective power only – Commander-in-Chief of
the army.
 Cont’d
• The draft was not ratified; instead a new government
was established by September of the same year – the
P.M.A.C.
• As a result a shift took place: egalitarian economic
oriented.
• The aim of draft constitution was to calm down the
variants uprisings against the rule of the emperor
student movement peasant appraising
• The draft wanted to put a constitutional monarchy
in place.
 Cont’d
• Constitutional monarchy exists when the absolute
power of the emperor king is going to be limited
by the constitution
• The draft was not come in to the law it was
destroyed by revolution.
 Cont’d
Features of the draft
• The draft cost provided detailed provisions of human right and
freedoms
• The absolute power of the emperor was lifted.
• In 1955 const, the emperor has immunity this immunity was lifted
• It provided social rights such as :
• Forced labor .
• Prohibition of child labor .
• The right to join labor union .
• Social security and retirement benefits
 Cont’d
• It provided many duties and responsibilities for
Ethiopian citizens
• E.g duty to pay taxes
• Parents must educate children
• Duty to defend the country etc…
 Cont’d
1.power of the emperor was reduced to
nominal head of state (ceremonial ) and
symbol of the nation’s unity and history
2. Association of legitimacy of political power
was totally abolished (Jodiac background of
monarchy excluded .)
 Cont’d
• In general ,the draft const. (1974) brought about
very new ideas but it was not official before it was
officially known it was rejected by the revolution.
 Cont’d
• The period without written const. in Ethiopia
(1967-1987)
- when the Dergue came in to power, it has
suspended the 1955 constitution and the
parliament was dissolved
- Then, the Military Junta proclaimed socialism
under the slogan Ethiopia Tikdem in Dec.
20,1974
 Cont’d
• The Military Government has proclaimed many laws:
• proc.no 31/ 1975, a proclamation that provide for the
• public ownership of rural lands
• Pro.no 47/1975 a proclamation that nationalizes
urban lands and extra urban houses.
• Pro.no 71/75 proclamation to provide organization
and consolidation of peasant associations .
• This proclamation plays much political development
ands security to the peasants.
 Cont’d
• Under the Provisional Military Administration
• Rural and urban lands were nationalized.
• All production and distribution, private
enterprises, including rental houses were
brought under the ownership and control of
the state.
• The Emperor, along with ministers, governors,
the high nobility and the top brass were
executed, the rest were detained.
 Cont’d..
• Red Terror was unleashed against opposition and
even against individual dissenters.
• Since 1974 a new social order was in the making
• The Provisional Military Administration was also in
the process of reconstituting itself.
• To legitimize itself within and abroad it had, at least,
to take off the uniform and appear in a civil dress.
• The Military Council presented itself for elections
through a new party- the workers Party of Ethiopia.
 Cont’d
• The Military Council presented itself for
elections through a new party- the workers
Party of Ethiopia.
• The party became the vanguard communist
party.
• The Head of the Military council became the
president.
• Naturally, the country became the Peoples
Democratic Republic of Ethiopia.
 Cont’d
• The party took upon itself to change the political,
economic and cultural life of the country.
• The new elite brought under its control all resources
– power, economy and culture.
• All production and distribution enterprises had been
nationalized.
• The rural and urban lands were under state
ownership.
• Rented houses were transferred to the government.
 Cont’d
• Truly, the government by the 1980‘s was in full
control of the economy
• In Ethiopia there was a degree of cooperation
at the first stage of the Revolution; but later
on it was confronted with intense resistance,
and some times back-lashes.
 Cont’d
• Thus the military government ruled Ethiopia
without written constitution for 13yeras (from
1967-1987) using proclamations and decrees.
 Cont’d
• The 1987 Constitution -the Soviet
Paradigm
• The September 1987 Constitution was an
important landmark in the modern history in
general and the constitutional history of the
country in particular:
• First, it marked the transformation of an old
Empire into a new Democratic Republic under a
new Constitution and new administrative
structures and institutions.
 Cont’d….
• Second, it has resulted in the transfer of
power from the Provisional Military
Administrative Council (PMAC), which had
ruled Ethiopia since the overthrow of Haile
Selassie on 12 September 1974, to civilian
institutions such as the "National Shengo.
 Cont’d…
• Third, the first national referendum was held on a
draft constitution and the general public had for
the first time approved the draft of the
constitution.
• Fourth, an attempt had been made to
decentralize power and the decision-making
process after a century of centralized rule under
kings and emperors, and after thirteen years of a
centralized Military Administration and the state
of emergency.
 Cont’d…
• A fresh start has been made to set up
autonomous regions in the areas which have
been the focus of civil and ethnic violence and
war for more than a quarter of a century,
paralyzing the country and preventing it from
embarking on any meaningful development
process.
 Cont’d…
• A move was made to bring about national
reconciliation and to solve the country's
nationalities question, albeit on the
government's own terms.
• Fifth, a new state, called the Peoples'
Democratic Republic, has been created under
the leadership of Colonel Menghistu.
 Cont’d..
• Under his leadership, the foreign policy of the
government showed a clear shift in
international orientation from a pro-Western
to a pro-Soviet.
 Cont’d…
• Political System in PDRE Constitution.
• According to the new Constitution, Ethiopia is
not yet a Socialist State.
• It is a state in transition to a socialist state.
Article 1(3), for example, stipulates that the
aim of the new Republic is to "lay the
foundation for the construction of socialism".
 Cont’d…
• The stated objectives of the Ethiopian political system
are:
• To accelerate the process of laying the foundation for
the construction of a socialist system by increasing the
participation of the working people in state and key
social activities
• By improving the organization and functioning of state
organs, by consolidating the working people's control by
enhancing the role of the mass organizations and by
strengthening the legal basis of the activities of the state
and of society
 Cont’d…
• It is said that no less than seven million
peasants are organized in more than 20,000
associations throughout the country;
• 458,174 peasants served as elected officials in
the Ethiopian Peasant Association.“
• According to government data, there were
4,000 service-oriented cooperatives and 2,323
agricultural producers' cooperatives in the
country today.
 Cont’d…
• Politically, the government views the peasant
associations as "forums for mass democratic
organization“
• By 1980, more than 3,000 urban Kebeles had
been established in the cities and towns of
Ethiopia, with millions of people participating
in their activities in one form or another.
 Cont’d…
• In Addis Ababa alone, 294 associations were
established.
• According to Proclamation No.104 of October
1976 which clarified the powers and duties of
the Kebeles, they were charged with municipal
administration, redistribution of housing, the
establishment of cooperative retail food
outlets, renting houses, encouraging voluntary
associations, and creating self-help projects
 Cont’d…
• The Revolutionary Ethiopian Women's
Association (REWA) which was also established
in 1980, has about 5 million members, with
309,128 elected officials.
• The Revolutionary Ethiopian Youth Association
which was set up in 1980 to mobilize Ethiopia's
Youth aged 14-30, now claims membership of
four million youths in the country, with more
than 453,000 elected representatives.
 Cont’d…
• The above institutions were forum for
participation in both rural and urban areas.
• Economic Objectives
• The primary objective of economic construction,
according to the Constitution, is to enhance the
material and cultural development of the working
people.
 Cont’d…
• How??
• a) the transformation of the backward
economy of the country by progressively
advancing and strengthening socialist relations
of production.
• B) acceleration and development of the
productive forces through the ap- plication of
science and technology
 Cont’d…
• C. building of a highly independent and integrated
national economy
• D) strengthening the economic relationships between
rural areas as well as between the periphery and the
center
• E. the conservation and development of the natural
resources, particularly land, water, forest and wild life
and creation of favorable conditions for human
settlement patterns that correspond to the distribution
of natural resources and maintenance of ecological
balance
 Cont’d…
• Encouraging the scattered rural population to
aggregate in order to change their backward living
conditions and to enable them to lead a better
social life.
• The Constitution recognizes three forms of
ownership.
• These are: state ownership, cooperative
ownership and private ownership, as well as such
other forms of ownership that may be recognized
by law.
 Cont’d…
• Defence Objectives
• Under the Constitution, the Republic pledges
to defend its sovereignty and its territorial
integrity and to safeguard the revolution.
• The entire working people also have the
"historic responsibility" to defend the country
and the revolution.
 Cont’d…..
• Foreign Policy.
• The foreign policy of the PDRE is based on three
basic principles:
• a) proletarian internationalism,
• b) peaceful coexistence, and
• c) non- alignment.
• The government pledges to promote relations
and cooperation with all states on the basis of
equality and mutual benefit.
 Cont’d…
• Fundamental Rights, Liberties and Freedoms
• The PDRE Constitution incorporates
fundamental rights and freedoms.
• Part two lists Citizenship, freedoms, Rights
and Duties of people ( See Arts 31-58)
 Cont’d…
• The National-State Structure and Organs of
State Power .
• A. Unitary Form of State.
• The Constitution of the PDRE states that
Ethiopia is a "unitary state ... of the working
people founded on the alliance of workers and
peasants in which the intellegentsia, the
revolutionary army, artisans and other
democratic sections of society participate
 Cont’d
• The new Constitution states that nationalities
are equal that the unity of the working people
of all nationalities will be strengthened and
that particular attention will be paid to those
in the lower stages of development to
progressively eliminate the disparities in their
economic development
 Cont’d…
• The 1987 Constitution of Ethiopia was the
third constitution of Ethiopia, and came to
effect on 22 February 1987 after a referendum
on 1 February of that year.
• Its adoption inaugurated the People's
Democratic Republic of Ethiopia (PDRE)
• This constitution contains 119 articles, Four
Parts and 17 chapters.
 Cont’d
• The new Constitution, which established a People's
Democratic Republic of Ethiopia (PDRE), contained
several provisions which reflected a concern for the
complaints of the ethnically and regionally
organized rebellion Movements, without however
abolishing the unitary state structure.
• Furthermore, Art. 59 of the Constitution provided for
the establishment of autonomous and
administrative regions.
 Cont’d
• Structure and operation of Government.
• 1. Legislative Branch
• The constitution established unicameral parliament
that is the National Shengo.
• The National Shengo is the Supreme organ of state
power in the PDRE.
• The working people are expected to exercise their
power through elections to the national and local
shengos, as well as through referendum
 Cont’d
• Candidates to the National Shengo are
nominated by organs of the WPE, the mass
organizations, military units and other bodies
entitled to do so by law.
 Cont’d
• Powers of the National Shengo.
• power to decide on any national issue,
• enact and supervise the observance of constitution and
proclamations
• determine the domestic and foreign policy,
• determine the defence and security force,
• determine the state of peace and war,
• adopt the long term and sort term social and economic plans,
• adopt the annual Budget and determine the Monetary and
Fiscal policy of the PDRE.
 Cont’d
• Establishes the highest organs of the govt (president )
• It has one regular sessions per year(partime House)
• Its term office was 5 years.

The Council of State –( Art 81)

• It is established by N. Shengo
• The standing committee of the National Shengo
• The executive committee of the parliament.
• It has president , vice president and Secretary.
• The president of the republic is the president of the
Council
 Cont’d
Powers and Responsibilities ( Art 82)
• Interpret the constitution
• Ensure the implementation of theConst. And
other laws
• nominate ministers and Cabinet for approval
• Could legislative decrees, special laws, state of
emergency, Marshal law on the approval of the
National Shengo etc……
 Cont’d
• The president of the Republic ( Art 85)
• The executive president is elected from the members of
National Shengo
• He is accountable to the Shengo
• Commander- in- chief of Armed Forces
• Secretary of the WPE
• Chairman of the National Shengo
• He can dismiss the pm and deputy pm and appoint the
president and vice president of courts
-
 Cont’d
• Chairman of National Shengo
• president of the Council of the state , the
Chairman of the National Shengo
• Powers and Responsibilities(See art. 86 and
87)
 Cont’d..
• Ensure the implementation of domestic and
foreign policy
• present the approval of PM, ministers,
deputies and other official for approval,
president and vice president and procurator
General, Auditor General etc…
• . Conclude international treaties
 Cont’d…
• Appoint defence council members
• Grant pardon and amnesty
• Confer high state civil military ranks
• Issue presidential decrees
• Promulgate laws in Negarit Gazeta
 Cont’d
Council of ministers
• The Council of Ministers which consists of the
Prime Minister, Deputy Prime Ministers, Ministers
and other members .
• It is the highest executive and administrative
organ .
• The executive organ of the of the government.
- Members are elected by National Shengo
 Cont’d..
• The Council of Ministers is accountable to the
National Shengo.
• However, between sessions of the Shengo, it is
accountable to the Council of State and to the
President of the Republic.
• Members of the Council of Ministers have
collective responsibility for measures taken
collectively and individual responsibility for
measures taken individually.
 Cont’d…
• The Council of Ministers has a standing
committee consisting of the Prime Minister,
Deputy Prime Ministers and other members as
is determined by law.
• The Prime Minister has the powers and duties
laid down under art 93.
 Cont’d…
• His powers seem to be those of supervising
and coordinating the activities of the Council
of Ministers
• Ensuring the implementation of regulations
and decisions issued by the Council of
Ministers
• Performing other duties as may be assigned
to him by the Council of State and the
President of the Republic.
 Cont’d..
• The power to nominate, appoint and dismiss his
own Ministers is not exclusively vested in him; the
powers vested in the Prime Minister under the
Constitution of the PDRE .
• Among the various organs of state, the WPE, the
President, the Council of State, the Council of
Ministers and the National Shengo, in that order,
are the most effective organs of state power, as far
as the importance of the duties and functions
under the Constitution is concerned.
 Cont’d..
• The Workers’ Party of Ethiopia(WPE)
• Article 6(1) of the Constitution states that
"the Workers' Party of Ethiopia, which is
guided by Marxism-Leninism, is a vanguard
political party... ".
• The Party "deter- mines the perspective for
the development of the country and is the
guiding force of the state and of the entire
society"
 Cont’d..
• Powers and Responsibilities of CM
• See art 89
 Cont’d..
• The WPE "is not a merely a cosmetic
communist party, but a genuine attempt to
introduce a vanguard party on the Soviet
model"
• The WPE has the right to nominate candidates
to the National Shengo ( Art. 65)
• As in the Soviet Union, the organization and
functioning of the organs of state are based on
the principle of democratic centralism.
 Cont’d..
• The WPE constitutes the invisible highest
organ of State power.
• Its leaders and members are also placed in
the highest formal organs of state power, the
government and the various mass
organizations around the country. In
 Cont’d
• The Judiciary Organ
• Judicial authority is vested only in one Supreme
Court, which is the highest judicial organ, and courts
of administrative and autonomous regions and other
courts established by law.
• The courts are obliged to safeguard legally
protected rights, interests and freedoms of the
state, of mass organizations, other associations
and of individuals.
 Cont’d..
• The Supreme Court is vested with the
authority to supervise the judicial functions of
all courts in the country.
• The President, Vice Presidents and Justices of
the Supreme Court are presented to the
National Shengo by the President of the
Republic for elec- tion.
• The National Shengo has no power to elect
Justices on its own initiative.
 Cont’d..
• Judges of other courts, however, are elected
by the respective regional Shengos.
• The term of office of the Justices and judges is
the same as that of the Shengo that elected
them, and they may be recalled by the Shengo
that elected them.
 Cont’d…
• The National Shengo elects Judges of
Supreme Court
• Regional Shengo elects Regional Courts
• The term of office of the judges was the
same as the term of office the National
Shengo
• The Constitution provided judicial
independent but practically absent.
 Cont’d..
• Administrative and Autonomous Regions
• The Constitution of the PDRE is a unitary state.
However, the unitary state comprises administrative
and autonomous regions.
• The administrative regions are units of administration
hierarchically established from the highest to the
lowest level.
 Cont’d..
• The second major subdivision of the state is
that of autonomous regions which shall have
as many units of administration as may be
necessary.
• The boundary, status and accountability of
administrative and autonomous regions are to
be determined by law.
 Cont’d..
Proclamation No.14/1987 has established five
autonomous:
1. Eritrea
2. Ogaden
3. Assab
4. Diredawa
5. Tigray
 Cont’d..
• Autonomous and administrative regions are
divided into provinces.
• However, Eritrea was divided into three
special administrative regions and these are
subdivided into provinces.
• The other former administrative regions are
subdivided into twenty-four Administrative
Regions
 Cont’d..
• These new administrative regions are as follows: 1 Northern
Gondar;
• 2 Southern Gondar;
• 3 Northern Wollo;
• 4 Southern Wollo;
• 5 Eastern Gojjam;
• 6 Western Gojjam;
• 7 Metekel;
• 8 Assosa;
• 9 Wellega;
• 10 Northern Shoa;
 Cont’d…
• 11 Addis Ababa;
• 12 Western Shoa;
• 13 Southern Shoa;
• 14 Western Hararge;
• 15 Eastern Hararge;
• 16 Arsi;
• 17 Bale;
• 18 Gambela;
 Cont’d..
• 19. Illubabor;
• 20 .Keffa;
• 21. GomuGofa;
• 22. Sidamo;
• 23. Omo;
• 24. Borena.
 Cont’d..
• According to the Constitution, the Regional
Shengos are the highest organs of state power
of an administrative or autonomous region.
• Powers of Regional Shengos ( art 97 of the
Constitution)
• The Shengo of the Autonomous Region of
Eritrea is the "highest organ of state power of
the Autonomous Region.
 Cont’d..
• The guarantee also applies to all other
administrative and autonomous regions.( See
procl 15/1987)
• The Shengo of administrative or autonomous
region is accountable to "the people of the
region and to the National Shengo; and
between sessions of the National Shengo, it
shall be accountable to the Council of State
and to the President of the Republic".
 Cont’d..
• t is important to stress that the Shengo of the
Autonomous Region holds two ordinary
sessions annually.
• However, additional ordinary sessions may be
called pursuant to the decision of the
Executive Committee of the Shengo or when
one-third of the members so request.
 Cont’d..
• Articles 97(2) and 98(3) envisage that there
will be “Lower Shengos".
• However; their powers, duties and
jurisdiction are nowhere defined or explained
in the Constitution.
 Cont’d
• The Constitution of the PDRE is basically a copy of
the Constitution of the Soviet Union,
• The 1987 Constitution was short lived constitution.
• It had only served for 4 years and it was latter
suspended and nulled by the Transitional Charter
of 1991.
 Cont’d
• Peace and Democracy Conference
• Immediately after the overthrow of Dergue
Government, many issues were raised :
• How a government should be established?
• How a constitution could be drafted and others.
 Cont’d
- To answer the above issues, EPRDF invited political
parties for a peace and democracy conference to discuss
the fate of the county.
- In this conference political parties, liberation
movement’s political organizations and prominent
individuals participated
- The number of participants were 83.
- The conference was conducted july1-5-1991 In Addis
Ababa
- This conference adopted a Transitional Charter
 Cont’d
• The Conference resulted in the signing of the Charter
by the representatives of some 31 political parties.
• The creation of an 87 seat Council of
Representatives and the establishment of Transitional
Government of Ethiopia (TGE) made.
• The Conference also agreed on the modalities of the
transition process to last two years
 Cont’d
• In the mean time, elections for Local and Regional
government were to be held, a new constitution was
to be drafted,
• General elections for electing members of the
Constitutional Assembly that ratifies the constitution
were to be held
• And finally the election of the new National
Assembly was scheduled, thereby ending the
Transition.
 Cont’d
• The most remarkable feature of the Conference
was:
• Its members were designated almost entirely, save the
representatives of professional organizations
• and the members from the university, on the basis of nationality,
either from existing movements, or in some cases,
• notably in the South and Southwest, from organizations rapidly
formed in order to take advantage of the new political
atmosphere.
• In some cases the representation was divided like in the Oromos
between the OPDO, OLF and other similar movements
organized on the basis of religion.
 Cont’d
• The national conference adopted an interim
constitution, otherwise known as the Charter for the
TGE.
• Composed primarily of leaders of nationality-based
parties spawned by the civil war, the conference
reflected a dramatic shift of political power from the
centre to new politicians from hitherto marginalized
regions
 Cont’d
• It was certainly an official acknowledgment of
Ethiopia as a multi-ethnic and multi-religious state.
• The emphasis on nationality and the listing of the
hitherto forgotten nationalities in a legal document
could only be considered as a reflection of that
commitment.
• The charter elevated to an equal partnership, the
bulk of nationalities of the South and the Oromos
 Cont’d
• However, the promising beginning did not end as
intended.
• Following the reorganization of the state structure
and the national/regional governments, a regional
election was scheduled for June 1992.
• The regional election to regional council was a cause
of serious disagreement.
• While OLF and AAPO asked for postponement, as
they were unprepared to compete in the regions,
EPRDF insisted to continue as scheduled.
 Cont’d
• Following this and other disagreements OLF,
one of the major actors during the making of
the Charter, withdrew from the government
and attempted to re-launch guerrilla
insurgency.
• Other oppositions also withdrew following its
suit.
 Cont’d
• Under these political dynamics one writer’s
observation that the „conference of July 1991 may
not have resulted in a one-party government;
• its convention reflects to a large degree a one-party
dynamic‟ seemed to reflect the political reality after
the 1992 regional election.
• Critics state that EPRDF resulted in a process of
replication of one existing organization, the TPLF,
than a union of existing actors from the spectrum of
Ethiopian opposition forces
 Cont’d

• No doubt the TPLF was dominant and remains to be so

at least until 2002 because of its considerable seniority,
as it had been established in February 1975.
• The establishment and development of each of the other
organizations had been at least facilitated by the TPLF.
• However, at least until the opposition withdrew, unlike
present tendencies one can state firmly in retrospect that
the TGE was the most legitimate and democratic
government that the country had had in its entire history.
 Cont’d
• Although it was not elected, it was able to represent
the major contenders of power and the then existing
contending views.
• Certainly, it manifested a clear case of power sharing
among major contenders.
• EPRDF leaders and those who took part in the
conference all acknowledged that they and their
organizations held detailed discussions on the draft
text of the charter during the period preceding the
conference.
 Cont’d
• Certainly, representatives from the University were
not as active as the leaders of the liberation fronts yet
they have aired their views in the conference as
representatives.( the late Professor Asrat W/yes)
• One of the major tasks of the transitional Council of
Representatives was to direct the process of
constitution making and pave the way for a new
national election based on the ratified constitution.
 Cont’d
• A Constituent Assembly was elected in 1993, the
TGE established a Constitutional Commission to
prepare a draft instrument for submission to a
specifically elected constitutional assembly vested
with plenary power to promulgate an organic law.
 Cont’d
• The Transitional Charter(1991)-A Prelude to Federalism
- The charter served as the supreme law of the land during the
Transitional Period
- Many principles are provided in the preamble of the Charter:
- Opportunity to rebuild the county and restructure the state
democratically
- End the era of oppression and subjugation
- Self-determination of all the people
- End of hostilities and have good neigh bond and co-operation
- Proclaim democratic order
 Cont’d
• The establishment of National Regional Self-
Government was provided by Procl. 7 / 1992.
• Article 3 of the proclamation enumerated 63
identified nations, nationalities, and peoples and
established 14 regions.
 Cont’d…

• Eight of these regions were composite regions

embracing from 3 up to 13 identified nations,
nationalities, and peoples.
• Four regions had one identified nation each
and greater Addis Ababa with its amalgam of
urban and rural peoples formed a region by
itself.
 Cont’d..
• The proclamation provided for 48 of the
identified nations, nationalities, and peoples
to be able to establish their own
National/Regional Self-Governments at the
Wereda or above level
 Cont’d…
• Moreover, it provided that these Self-
Governments of these adjacent nations,
nationalities, and peoples may, by agreement,
jointly establish a larger Regional Self-
government within any of the 14 regions
specified
 Cont’d…
• The remaining 17 nationalities and peoples
having small-sized population – and therefore
less than 50% of the population of the Self-
Government wereda – were incorporated in it.
• These nationalities and peoples with small-
sized population, and known as “minority
nationalities”, nevertheless, were provided
with appropriate representations in the
Wereda Council
 Cont’d…
• The 14 National Regional states:
. Region 1 Region 2
• Tigray Afar
• Saho
• Kunama
 Cont’d…
• Region 3 Region -4
Amhara - Oromo
• Agew –Himira
• Agew-Awi
• Oromo-Around kalu
 Cont’d..
• Region- 5
• Somali
• Region-6
• Shinasha
• Mao
• Berta
• Gumuz
 Cont’d..
• Region -7
• Gurage
• Hadiya
• Alaba
• Yem
• Tembaro
 Cont’d…
• Region -8
• Sidama
• Gedio
• Burjie
• Amaro
• Gidicho
 Cont’d….
• Region -9
• Wilayata -Gidole
• Gamo
• Dawuro
• Konta
• Aydi
• Melon
• Gofa
• Konso
 Cont’d…
• Region 10
• Besketo
• Yegnagato
• Mursi
• Hamer
• Arbori
• Dasenechi
• Bodi
 Cont’d…
• Region- 11
• Keficho
• Nao
• Diso
• Surma
• Benchi
• Sheko
 Cont’d…
• Region -12
• Agnwak, Nuwer, Mejenger

• Region -13- Harar

• Harar City
 Cont’d…
• Region -14
• Addis Ababa

• Generally
1. The proclamation divides the SNNPS in to five regions( 7-11) but latter in to one.
2. Prominent TPLF Cadres played significant role in re-establishing the regions in one
Such as Bitew Belay and others latter arrested on corruption offenses.
• Advisors in all regions –most prominent TPLF Cadres were assigned in regions as
advisors in regions
• They decide on all issues- affects the autonomy of the regions
• Splitting The TPLF-1993 E,C
These people were advisors to regions.
• Recently, all zonal administrative regions claim state hood- Sidama already got
• Wolayta case is serious at present.
 Cont’d….
• Recently, South Western Region becomes the 10 th
State
• Six ethnicities in the South decided to form one
region
• Five zonal administrations and one
special woreda have decided to form their
own region named South West Ethiopia
Region by breaking away from Ethiopia’s
troubled Southern Nations Nationalities
and Peoples’ Region (SNNP
 Cont’d…
• Kafa, Sheka, Benchi Sheko, Dawuro, West Omo
Zone and Konta special Woreda formed a
new region
• The proclamation did not recognize other
ethnic groups who live in Oromia,
Beneshangul , Gambella and Harari( Region
4 , region 6 Region 12 and Region -13)
 Cont’d…
• This was most discriminatory proclamation.
• Latter except SNNPS, the establishment of
regional states were approved by Members of
Assembly- the in this case about five regions
were established in to one
 Cont’d….
• In the Charter, ultimate power rests with the
central government.
• In the language of the Charter “The
Transitional Government shall exercise all legal
and Political power for the governance of
Ethiopia.
 Cont’d…
• In no unequivocal manner the Proclamation
also stated “National /Regional Transitional
Self-Governments are, in every respect,
entities subordinate to the Central Transitional
Government
 Cont’d..
• With respect to the structure of the Self-Government, the
proclamation provided seven organs, namely:

1) The National/Regional Council,

2) The National/Regional Executive Committee,
3) The Judicial Organ,
4) The Public Prosecution Office,
5) The Audit and Control Office,
6) The police and Security Office,
7) The service and development Committee.
 Cont’d
• Powers of Regional Council
• The Council, as the legislative organ of the
Self-Government was the repository of overall
political power regarding the internal affairs of
the Region State.
 Cont’d…
• 1. To issue the constitution and laws of the Self-
Government;
• 2) To elect the Executive Committee and the
Chairman and Secretary of the Council from among
its membership;
• 3) To determine the seat of government and the
working language of the Self-government;
• 4) To negotiate and approve agreements concluded
with adjacent Self-governments with respect to
national and border matters;
 Cont’d…
• 5) To establish the various organs of the Self-
Government, define their responsibilities,
appoint their officers and supervise their
activities;
• 6) To generally exercise the economic, fiscal
and budgetary powers granted to the Self-
Government.
 Cont’d..
• The Executive Organ in TGE
• The highest executive organ of the
National/Regional Self-Government Executive
Committee of 11 to 19 members was the
elected by and from the National/Regional
Council.
• The executive Committee was accountable
both to the Council of Ministers and to the
Council that elected it.
 Cont’d…
• The Court Structure
• With respect to the Court structure, the
Proclamation envisaged a wereda and a
superior court system.
• The Proclamation also referred to the Central
Government‘s court system.
• Thus, it envisaged two parallel court systems.
•
 Cont’d…
• The Charter and the Proclamation go to the
extent of guaranteeing each nation,
nationality and people the right to exercise its
right to self-determination of independence, if
it is convinced of its rights to preserve its….
• The Charter and the Proclamation do not
employ the term „federalism‟ in either their
preambles or specific legal provision.
 Cont’d..
• And yet it is quite clear by any standard that
what is envisaged is nothing short of
federation.
• Another interesting point that emerges is the
emphasis given to the concepts of nation,
nationality and peoples.
• Nations, nationalities and peoples, and not
geographical regions are the point of
departure of the Self-Government.
 Cont’d..
• The Charter and the Proclamation have set in
motion a new experimental process for the
governance of Ethiopia.
• Powers of Regional Governments
• a) the adoption of Regional Constitutions,
• b) the collection and utilization of revenue by
the Self-Government,
•
 Cont’d…
• C. the jurisdiction of Regional Courts,
• d) the administration of the regional judiciary,
• e) the assignment of duties to the Regional
Prosecutor,
• f) the powers and duties of Kebeles and
Highers and similar areas.
 Cont’d
• Council of Representatives of the Central
Government
- It was used as legislative organ
- It also check the activities of the council of ministers
- It was an organ composed of representatives of liberation
movement’s political organizations and prominent
individuals.
- It has 87 members.
- The late Meles Zenawi was the president of TGE
 Cont’d…
B. Council of ministers
• Is an executive organ of TGE
• It is accountable to be Council of representatives
C. The Judiciary
• An independent court system established but
there was no detailed provisions regarding to this.
 Cont’d…
• In conclusion, it must be pointed out that the
National/Regional Self-Government is a new
chapter in Ethiopian history and the
Transitional Government seems to be
introducing it carefully and experimentally.
 Cont’d…
What is the status of The Charter?
 Cont’d
• Making of the FDRE Constitution .
• The process of the making of the 1995 constitution
was principally guided by the provisions in the
Transitional Charter.
• According to the Charter:
• The Council of Representatives shall constitute the
Constitutional commission to draw up a draft constitution. The
Constitutional Commission shall submit to the Council of
Representatives the draft constitution.”(Article 11)
 Cont’d
• “Upon adoption of the draft constitution by the Council of
Representatives the constitution shall be presented to the
people for discussion.
• The final draft shall be presented for adoption in the
constituent assembly to be elected pursuant to the final draft of
the constitution.”(Article 12).
• These two provisions guided the constitution making
process in Ethiopia.
 Cont’d
• One notes that the issue of the composition of
the drafting commission was not detailed in
the Charter.
• One also notes the important role the COR is
anticipated to play in the deliberation on the
constitutional draft, in addition to its role of
establishing the Commission, deciding on the
commission’s budget, and overseeing its activities.
 Cont’d
• In 1992, the Constitutional Commission was legally
established by Proclamation No. 24/1992, which was
adopted by the COR.
• Physically placed in the premises of the Institute of
Ethiopian Nationalities (as per article 3) – the place
where the PDRE Constitution of 1987 was drafted,
 Cont’d
• The Commission had the mission of preparing the draft,
submitting the same to the COR, presenting the draft as
adopted by the COR to the people, incorporating the
comments in the final draft as may be deemed necessary, and
finally submitting the final draft to the Constituent Assembly
(art 4).
 Cont’d
The tasks of the commission included :
•
• drafting the text,
• conducting seminars, symposia, and educational discussions
• disseminating the draft constitution to the public,
• gathering comments (especially from the regions and
districts),
• explaining the draft to the public in the course of the
discussions,
• preparing the final draft, submitting periodic reports to the
COR, and others.
 Cont’d
• It is interesting that art 5(5) says that the commission
has “to receive comments from national/regional and
Woreda councils on the draft constitution ”.
• Organization of the Commission
• The Commission was organized in such a way that it
had
• 29-member General Assembly (GA),
• an Executive Committee,
• and various other (expert) committees (art 6).
 Cont’d
• The composition of the GA was as follows (art .7):
• 7 members from the COR,
• 7 members representing various political parties,
• 3 members from Trade Unions,
• 2 members each from three professional associations (of
Teachers, Lawyers, and Health Professionals,
• 3 members from the Ethiopian Chamber of Commerce and
• 3 members representing women.
 Cont’d
• With regard to the representatives of women, it is
unclear as to how, and from where, they were to be
selected.
• It was not clear if political parties represented in the
COR were also to be part of the GA thereby doubling
the representation of the dominant party in the COR.
• The GA was granted the powers and duties vested in
the Commission (art 8).
• So the GA was a proxy for the Commission.
 Cont’d
• The Chairs (both the Chief and the Deputy) and the
Secretary of the GA were to be appointed by the
COR, and, indeed, were so appointed.
 Cont’d

• Who are members of the commission?

• Seven members who were from transitional parliament.
• Out of seven, two were from EPRDF(Dawit and Negaso),
• The rest were drawn from civic organization , from non-EPRDF
and non-members of Transitional Government.
 Cont’d
• Late Kifle Wodajo- Chairman
• Mr. KifleWodajo who was the Secretary-General of the
Organization of African Union (OAU) from 1963 to 1964
and Minister of Ministry of Foreign Affairs of Ethiopia from
1975 to 1977 was appointed as a Chairman of the
Constitution.
 Cont’d
• Mr. Dawit Yohanes of Amhara National Democratic
Movement (ANDM) who later became the first Speaker of
the House of Peoples' Representatives and served from
1995 to 2005 was appointed as a Secretary of the Drafting
Commission.
• The Constitutional Commission had various departments
including the Regional Affairs Coordination Department in
which the representatives of the nine Regions and two City
Administrations worked for about two years (1993 and
1994).
 Cont’d

1.The late Dawit Yohannes who later became the

first Speaker of HOPRs
2.W/o Meaza Ashenafi
3.Dr Negaso Gidada who later became the
president and others ……..
 Cont’d
• Steps in the Making.
• As is the case wherever constitution-making is considered, the making
of the Ethiopian constitution underwent the stages of drafting,
deliberation, adoption , and ratification.
• More or less in a manner the proclamation dictates, the drafting process
was accomplished in the Commission.

• The Commission organized public discussion from the grass root

Kebele level to national levels.
• It also invited selected international constitutional lawyers, political
scientist, historians, and other experts in the area to come to
Ethiopia and share their experience and provide comments and
advice on the draft constitution.
• The Commission also organized various symposiums and forums on
which the main draft provisions were discussed and debated.
 Cont’d
• Various forums were organized for different social
groups like women, youth, disabled persons,
elders, community leaders, and religious leaders.
• One of the interesting features of the discussion on the
draft constitution was that the discussion was conducted
article by article.
• After discussion, the participants voted for and against
each provision of the constitution.
• The votes were given for and against each provision and
the votes were compiled at Kebele, District, Zone, Region,
and national level.
 Cont’d
•In the Commission, as observed by Meaza Ashenafi
(2003):
• “debates were lively.
• The chairperson of the Commission encouraged
decisions by consensus, though it was not always
possible to reach a unanimous decision.
 Cont’d
• The diversity of the Commission members meant that
a great number of interests were represented.
• Informal lobbying and negotiations were part of the
process.
• Nonetheless, the Ethiopian Peoples’ Revolutionary
Democratic Front (EPRDF), the ruling party, always
dominated when an issue came to a vote, as it had the
largest delegation
 Cont’d
• In the course of producing the draft, the Commission
also consulted a large number of foreign and local
experts.
• In an attempt to benefit from comparison, other
countries’ constitutions were also referred to .
• Concept papers that outline various alternatives (of
principles, institutions, and systems of government)
were prepared and disseminated to the public for
discussion.
 Cont’d
• This effort was often aided by Inter-Africa Group
(IAG), a Civil Society Organization active in the
process.
• The IAG helped organize a number of workshops and
symposia and published the papers presented in the
course of the proceedings.
 Cont’d
• This should not give the impression that the process
was fully participatory.
• Those who were not sympathetic to the transitional
government and were dismissive of the whole process
did not take part in the consultation; they believed that
participation would be “legitimizing” the process.
• Another group, which was not politically active, was
not interested.
• The point stands, however, that the process was not
fully participatory.
 Cont’d
• Main Provision of the Constitution Under Fire
1, Article 39-
• The number one provision of the Ethiopian Constitution
which is under attack is Article 39, Rights of Nations,
Nationalities, and Peoples.
• The proponents of this article say that this article didn’t
give new right to the nations and nationalities, but simply
recognized the right they have and entitled to.
• T his is the right recognized by the UN in the International
Covenant on Civil and Political Rights adopted by the General
Assembly of the United Nations on December 19, 1966
 Cont’d
• Article 1(1) of the convention says “All
peoples have the right of self-determination.
By virtue of that right they freely determine
their political status and freely pursue their
economic, social and cultural development”
 Cont’d
• But at least among academic and some political circles, some
provisions are raised as politically divisive and to that extent
as rendering the legitimacy of the constitution contested.
• The recognition of secession (Art. 39 (1)),
• the adoption of ethnically oriented federal set up (the use of
ethno-linguistic criteria of state formation) (Arts. 46-47),
• the House of the Federation, is the ultimate arbiter of
constitutional disputes, and not the courts (Arts. 62 cum 82-
84),
• the issue of state ownership of land (Art. 40 (3)), etc. are a
few of these.
 Cont’d
• Some people also raise the issue of why the number
of times the Prime Minister runs for office is not
fixed in the constitution as important .
• Whether it is proper to allow forming political parties on
ethnic lines is also raised as an issue to be recast, but I think
this latter concern is extra-constitutional
 Cont’d
• Important to note is that political parties such as the
Oromo Federalist Democratic Movement (OFDM)
seek to see a Presidential form of government
installed in the constitution.
• Others, such as the UEDF, seek the adoption of a
proportional representation system of election.
 Cont’d
• Second phase- Public Discussion
• The draft was subsequently presented to the COR in 1994, and
there the first phase, the phase of drafting, was completed.
• At the COR, there was a lengthy discussion on every
provision of the draft for almost a month.
• There is, in fact, a voluminous body of compilations of the
minutes of the meetings of the COR on the constitution for
those of us who would like to learn about the substance of the
discussion and about who said what.
• The details described rather copiously, and staggering.
 Cont’d
• Most of the sessions of the discussion and the
debates were nationally televised.
• The discussion was informative in many ways.
• To most of my contemporaries, there was much
more fun than might be expected of something that
determines the destiny of the polity for years to
come.
• After the draft was deliberated upon and was
eventually adopted by a majority vote in the COR, it
was presented by the Commission to the public.
 Cont’d
• Thus, discussions were staged in the Kebeles.
• In Addis Ababa and regions , school premises were
used for the popular discussions.
• The turnout was low.
• Interest was at its minimum for a constitutional
deliberation.
 Cont’d
• was “largely un-anticipated”, and followed “a brief but
intensive period of publicity to mobilize support.”
• Because the process was rushed, “it is fair to say that
not many Ethiopians who live in the countryside have
a clear notion of what federalism means, or had the
opportunity to express an opinion on its merits.
• There was simply no time to form a national
consensus on the legitimacy of the new political
system.”
 Cont’d
• James C.N. Paul observes that

• “There was little meaningful public participatory debate,

especially debate focused on devolution versus ethnic
federalism, let alone sovereignty or self-determination. [...],
opposition parties withdrew.
• Instead of debating the content of the constitution, they
denounced the legitimacy of the whole project.
• Just as the EPRDF control-led the Constitutional
Commission’s work, so it controlled the election, and then the
deliberations, of the Constitutional Assembly.
 Cont’d
• Paul also refers, albeit only tangentially, to the
fact that, on assumption of power, the TPLF
was instrumental in “establishing an essential
foundation for a federal constitution, creating
de facto one-party rule, marginalizing Amhara
and Oromo opposition, and liquidating the
Eritrean problem
 Cont’d
• The issue of the exclusion of the numerically
dominant Oromo and Amhara groups from the
constitution-making process is more boldly spelt out
by Ugo Mattei who points to the weak popular
support for the constitution among these groups.
• In his own words, he says, “none of the political and
ethnic forces which make the opposition to [...]
(EPRDF) had participated in the Constitutional
making.
•
 Cont’d
• All opposition parties, most importantly, those
representing the Amhara and Oromo groups (38 and
35% respectively) withdrew from the electoral
competition.
• The new constitution is therefore supported politically and
ethnically only by the Tigrayan minority which counts less
than 10% of the population
 Cont’d
• Paul (2000: 189) also observes that “in view of the
constitution’s content, it seems regrettable that the
processes for making it were so flawed”.

• It is interesting to note, as shall be argued later, that

the content of the constitution – in spite of the
“flaws” associated with the making - is what warrants
the project of redemptive constitutional practice.
 Cont’d
• The third phase, the phase of adoption of the draft constitution
(as enriched by comments from the COR and the people,
much less by the latter), started immediately upon the election
of the members of the Constituent Assembly.
• The discussion in the Constituent Assembly was also lengthy.
• The discussions ended with the adoption of the final draft
submitted by the Commission to the Constituent Assembly
apparently after incorporating the comments in December
1994.
• With it ended the third phase and the formal process of
constitution-making in Ethiopia.
 Cont’d
• Who are members of the Const Assembly?
• The after the commission gathered comments and revised
the draft it was presented to the constitutional assembly
adopt it
• The constitutional assembly was a temporally organ
elected from different states
• Members of constitutional assembly were 545 and their
representatives was as follows :
 Cont’d
A. Oromia -- ---179
B. Amhara ---– 137
C. South ------– 123
D. Tigray ---- ----37
E. Somali --- -----23
F. Hareri –-------- 3
G. Gambela –----- 3
H. Adiss Abeba – 23
I. Diredawa ----– 2
J. Beneshagul –-- 7
K. Afar ------------ 8
545
 Cont’d
• One can take the adoption by the Constituent
Assembly as a form of ratification of the constitution
by the people albeit indirectly through their
representatives.
• Consequently, but unlike other systems, there was
not a popular ratification of the constitution through
referendum.
• Ratification through popular referendum, it is argued,
would bolster the degree of popular support the
constitution.
 Cont’d
• The constitutional assembly discussed the
draft amended changed and added some
provisions and adopted FDRE constitution
on Dec 8, 1994 and become effective from
21st august 1995
• Then the constitutional assembly was
terminated
 Cont’d
• Content of the Text
• It set up a federal polity that imitated the trend to
decentralization during the Transitional period.
• True to the “spirit of the Charter”, the rights of “nations,
nationalities, and peoples” to self-determination were
reaffirmed in article 39 of the FDRE. “Nations, Nationalities,
and Peoples” were granted sovereignty (art. 8).
 Cont’d
• It sought to redesign the symbols (e.g. the name, flag, and
anthem) in such a way that they resonate well with the new
dispensation. Article 1 says: that “Federal Democratic Re-
public of Ethiopia” is the official name.
• Article 3 (2) requires that the emblem reflects the hope of
‘nations, nationalities, and peoples’ and religious communities
to live in equality and unity
• The constitution recognized equality of all languages but
maintained Amharic as a working language of the Federal
Government (art 5)
 Cont’d
• The constitution enshrined the principles of ethnic
sovereignty, constitutionalism and constitutional
supremacy, human rights, secularism, and
transparency and accountability of government as the
basic pillars of the constitutional system (arts 8-12).
• It recognized human rights extensively (arts 13-44).
• It established a federal political system of nine units
and an autonomous city administration of the federal
capital (arts 46-52)
 Cont’d

• It established a parliamentary system of government

(arts 45; 53-68).
• It organized a strong executive body composed of a
Prime Minister, Council of Ministers, and Ministries
who operate under a sovereign parliament and a
President who has a predominantly ceremonial role
(Arts 69-77).
 Cont’d
• A largely non-legislative upper house in charge,
among other things, of constitutional interpretation
(aided by a Constitutional Inquiry Council) was
established (art 62; 82-84).
• This was perhaps an Ethiopian novelty in the realm
of contemporary constitutional design.
• A three-tiered, dual system of federal and state
judiciaries was set up (arts 78-81).
 Cont’d
• A set of policy objectives and directive principles that serve as
the conscience of the system were also incorporated in arts 85-
92.
• Provisions on emergency powers (art 93),
• Finances, expenditure and revenue responsibilities (arts 94-100),
• Amendment (104-105) were included.
• The ideally non-partisan institutions of the Auditor General
(101),
• the National Election Board (103),
• Population and Census Commission (104) were all established.
 Cont’d
• In many ways, the constitution is like other
constitutions of the world.
• Its major distinctive features are
• its recognition of secession, its unique process of
constitutional adjudication,
• the use of ethno-linguistic criteria as the predominant
basis of carving out the states that constitute the
federation, the little, if any,
 Con’d
• Involvement of the upper house in legislation,
• Its ready recognition of indigenous
• and religious law systems on matters related to
personal and family issues
• End
Cont’d