OVERVIEW ON

THE ETHIOPIAN CONSTITUTION

Overview: The term constitution comes through French from the Latin word
constitution, used for regulations and orders, such as the imperial enactments
(constitutions principis: edicta, mandata, dereta, rescripta). .A constitution is “a
set of fundamental principles of established precedents according to which a state
or other organization is governed. Constitution concern different levels of
organizations, from sovereign According to Scott Gordon author of Controlling the
State: constitutionalism from Ancient Athens to Today a political organization is
constitutional to the extent that it “contains states to companies and unincorporated
associations. Within states, a constitution defines the principles upon which laws
are made and by whom”. India’s constitution is the longest written constitution of
any sovereign country in the world containing 444 articles in 22 parts, 12 schedules
and 118 amendments, with 117,369 words in its English language while the United
States Constitution is the shortest written constitution, containing seven articles and
27 amendments, and a total of 4,400 words”.

Ethiopia has had four constitutions: 1931, 1955, 1987 and 1995. A proposed
revision of the 1955 constitution was released in 1974, but it had no legal effect,
and was soon forgotten in the events of the Ethiopian revolution. The Current
Ethiopian constitution comprises of General Articles, Fundamental Principles,
Fundamental Rights, and democratic Rights.

General Articles consists of seven articles (1-7): Nomenclature of the state, The
Ethiopian Territorial Jurisdiction, The Ethiopian Flag, National Anthem of Ethiopia,
Languages, nationality, and Gender Reference. Fundamental Principles of the
constitution consist of articles (8-12): Sovereignty of the People, supremacy 0f the
Constitution, Human and Democratic Rights, Separation of State and religion,
Conduct and Accountability of Government, Rights to life, the security of person,
and Liberty and Right to life. Fundamental Rights and Freedoms , articles (13-28)
Scope of application and Interpretation, Rights to life, the security of person, and
liberty, Right to Life, The Right of the Security of Person, Right to Liberty,
Prohibition against inhuman treatment, Right of persons arrested, Right of Persons
Accused, The Right of Persons Held in custody and convicted Prisoners, Non
retroactivity of Criminal Law, Prohibition of Double jeopardy, Right to Honour and
reputation, Right to Equality, Right to privacy, Freedom of Religion, Belief and
Opinion, Crimes against Humanity, and, Finally Democratic Rights (Articles 29-44)
Right of Thought, Opinion and Expression, The Right of Assembly, Demonstration
and Petition, Freedom of Association, Freedom of Movement, Rights of Nationality,
Marital, Personal and Family Rights, Rights of Women, Rights of Children, Rights of
Access to Justice, The Right to Vote and to be Elected, Rights of Nations,
Nationalities and Peoples, The Right to property, Economic, Social and Cultural
Rights, Right of Labour, the Right to development, and finally, article 44,
Environmental rights.

Constitution is the highest law of the land; therefore, every citizen has to learn and
understand it because it is through the constitution that every citizen knows and
understands his/her rights and responsibilities. The constitution of the land is a
mechanism whereby citizens’ rights are protected and safeguarded and where
citizens also fulfil their responsibilities. The constitution of the land belongs to the
public at large; they own it; it insures their safety and security; it is the highest
document of the land therefore, they have the duty to protect it and safeguard it.

The important achievements of the Ethiopian people have been safeguarded by

the constitution of the land that explicitly recognizes equality of Nations and
Nationalities and Peoples. The constitution of the nation puts all Nations,
Nationalities and Peoples on equal footings and safeguards their rights and
responsibilities. Further, the constitution creates unity in diversity and recognizes
and respects the over eighty-five ethic groups in Ethiopia with the same status.
It is to be recalled that Nations, Nationalities and Peoples were not treated
equally prior to the current government. All people were equal but some were
more equal than others during those former successive regimes in Ethiopia. The
current government realized this unfortunate fact from the very outset and drafted
and put into effect a construction of the people and for the people and by the
people of Ethiopia under Proclamation Number 1/1995 A Proclamation to
Pronounce the Coming into Effect of the Constitution of the Federal Democratic
Republic of Ethiopia. Whereas , The nations, nationalities and Peoples of
Ethiopia have, through their elected representatives, ratified the Constitution of
the federal democratic republic of Ethiopia, on 8 th day of December, 1994; it is
herby proclaimed as follows:

1. Short Title
This proclamation may be called as the “constitution of the Federal Democratic
Republic of Ethiopia proclamation No. 1/1995”

2. Coming into effect of the Constitution

The Constitution of the Federal Democratic Republic of Ethiopia has come into
full force and effect as of the 21st day of August, 1995.
3. Effective day
This proclamation shall inter into force as of the 21 st day August, 1995.
Done in Addis Ababa, this 21st day of August, 1995
NEGASSO GIDADA (Dr.) PRESIDENT OF THE FEDERAL DEMOCRATIC
REPABLIC OF ETHIOPIA”

The constitution of the land has 106 articles put into Eleven Chapters.
 Chapter one deals with General Provisions
 Chapter two deals with Fundamental Principles of the Constitution
 Chapter Three deals with Fundamental Rights and Freedom
 Chapter Four deals with State Structure
  Chapter Five deals with The Structure and Division of Powers
 Chapter Six deals with The Federal Houses
 Chapter Seven deals with The PRESIDENT OF THE Republic
 Chapter Eight deals with The Executive
 Chapter Nine deals with Structure and Powers of the Courts
 Chapter Ten deals with National Policy Principles and Objectives and,
 Chapter Eleven deals with Miscellaneous Provisions

Where for example article one: nomenclature of the state states the following:
“This constitution establishes a Federal and Democratic State structure,
accordingly, the Ethiopian State shall be known as The Federal Democratic
Republic of Ethiopia” and, the 106 th article that deals with The version with Final
Authority states as follows:
“The Amharic Version of this Constitution shall have final legal Authority.
This constitution is therefore a constitution of the people and for the people and
by the people of Ethiopia. The following is the preamble of the Ethiopian
constitution:

The following is the preamble of the Ethiopian constitution:

“We, the nations, nationalities and peoples of Ethiopia: Strongly committed, in full
and free exercise of our right to self-determination, to building a political
community founded on the rule of law and capable of ensuring a lasting peace,
guaranteeing a democratic order, and advancing our economic and social
development; Firmly convinced that the fulfillment of this objective requires full
respect of individual and people's fundamental freedoms and rights, to live
together on the basis of equality and without any sexual, religious or cultural
discrimination; Further convinced that by continuing to live with our rich and
proud cultural legacies in territories we have long inhabited, have, through
continuous interaction on various levels and forms of life, built up common
interest and have also contributed to the emergence of a common outlook; Fully
cognizant that our common destiny can best be served by rectifying historically
unjust relationship and by further promoting our shared interest; Convinced that
to live as one economic community is necessary in order to create sustainable
and mutually supportive conditions for ensuring respect for our rights and
freedoms and for the collective promotion of our interests; Determined to
consolidate, as a lasting legacy, the peace and the prospect of a democratic
order which our struggles and sacrifices have brought about; Have therefore
adopted, on 8 December 1994 this constitution through representatives we have
duly elected for this purpose as an instrument that binds us in a mutual
commitment to fulfill the objectives and the principles set forth above”.

Also article 39 of the Ethiopian constitution stipulates the following rights to

Nations, Nationalities and Peoples of Ethiopia;
1. Every Nation, Nationality and People in Ethiopia has unconditional right to
self determination, including the right to secession.
2. Every Nation, Nationality and People in Ethiopia has the right to speak, to
write and to develop its own language; to express, to develop and to
promote its culture; and to preserve its history.
3. Every Nation, Nationality and People in Ethiopia has the right to a full
measure of self-government which includes the right to establish
institutions of government in the territory that it in habits and to equitable
representation in state and Federal governments.
4. The right to self-determination, including secession, of every Nation,
Nationality and People shall come into effect:
a. When a demand for secession has been approved by a two-thirds
majority of the members of the Legislative council of the Nation,
nationality or people concerned;
b. When the Federal Government has organized a referendum which
must take place within three years from the time it received the
concerned council’s decision for secession;
c. When the demand for secession is supported by majority vote in the
referendum;
 d. When the Federal Government will have transferred its powers to the
council of the Nation, Nationality or People who has voted to secede; and;
e. When the division of assets is effected in a manner prescribed by law.

NOTE:
“Nation, nationality or People” for the purpose of this constitution, is a group of
people who have or share large measure of a common culture or similar customs,
mutual intelligibility of language, belief in common or related identities, a common
psychological make-up, and who inhabit and identifiable, predominantly contiguous
territory.
The preamble and article 39 of the Ethiopian constitution clearly puts into
perspective the rights of Nations, Nationalities and Peoples of Ethiopia. It also
guarantees that all Nations, Nationalities and Peoples of Ethiopia have equal status
irrespective of their ethnic, linguistic, religious or any other differences. In a way it
recognizes unity in diversity. This is recognizing the absolute reality of differences
that exist and giving equal respect and recognition to all citizens of this nation. This
is what article 39 is all about and nothing else. As a result, the constitution that is
based on equal rights and responsibilities became a formula of unity in diversity and
not a dividing factor of the people of Ethiopia.