Constitutional Development in Ethiopia

 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.
 Indeed, there exists a sophisticated constitutionally
significant traditional document which serves as a
supreme law of the land till the promulgation of the
first modern written constitution of Ethiopia in 1931
during the reign of Emperor Hailessilassie.
 These traditional unwritten constitutional documents
were Kibre Negest, Feteha Negest and Serate
Mengist.
 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.
• The legend history of such relation created Menelik
I and as a result the Solomonic dynasty appeared
• “Solomonic” Ethiopian Emperors which,
roughly, are as follows;
• “Conquering Lion [marking might, or force]
of the Tribe of Judah [marking descent and
tradition], Elect of God [marking the vital
importance of religious anointing to qualify
for the throne], … [the name], King of Kings,
Emperor of Ethiopia.”
• Hence, these indicate the importance of
descent and tradition in Ethiopian past
constitutional experience.
 Cont…
• 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 by Nebura‟ed Yeshaq of Aksum .
• In general, Kibre Negest served certain politico-
religious needs of the time in the constitutional
process of the country and also it was one of the
documents which can be mentioned as a source for
the background of the constitutional development
of Ethiopia.
 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.
• Fetha Negast was brought to Ethiopia in the middle
of 15th century during the reign of Emperor Zera
yaqob, who was responsible for the
transplantation of this venerable document.
 Cont…
• Zara yaqog was not satisfied with Fewuse
Menfessawi, forced him to look for another code.
• The story says that an Egyptian named Petros
Abba Sayd informed the Emperor of the existence
of a book used by the Orthodox Church of
Alexandria which had been compiled by the 318
sages (wise fathers of the Council of Nicaca).
• Ethiopian religious and academic scholars argue
that the emperor received a copy of this work,
translated from Arabic in to Geeze and enforced it
as a transitional law.
• This is known in Ethiopia as Fetha Negest.
• 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.
• The second part deals with issues pertaining to the
laity, like family law, debt, civil administration.
• Feteha Negest came into force or used as a
constitution during the reign of Sartse Dengel.
• Starting from the reign of Sertse Dengle up to the
promulgation of the first written constitution of
Ethiopia in 1931, Fetha Negest remained
officially the supreme law of the land.
 Ser’ate 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.
• 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).
 Modern written constitution of Ethiopia
since 1931
The 1931 constitution of Ethiopia
• The 1931 imperial regime constitution of Ethiopia
was considered as the first modern written
constitution in the history of Ethiopia.
• This, thus, heralded the beginning of modern
constitution in the history of the country.
• 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….
• The Meiji Constitution was conceived as a benevolent gift
of the Emperor of Japan to his people.
• The emperor embodied the state itself and was the source
and repository of all state power.
• 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.
 Reasons for the Formulation of the 1931
Constitution
• According to Fasil Nahum, the introduction of the
written constitution was the result of the growing
interactions between Ethiopia and Western
Europe.
• As European civilization started to put influence
over the Ethiopian social and political system
through more links, the need to import modern
social and political concepts that were necessary to
establish a viable modern state became clear.
• It is argued that the two official visits to Europe by
Ras Mekonnen and Teferi help to raise the
influence of foreign ideas and ways of life.
• As soon as Teferi became Emperor Haileselassie I,
he began to respond in a systemic fashion to the
desire to be seen as a leader of a modern state and
to be able to enter the family of civilized nations,
on an equal footing.
• As the foreign legation in Addis Ababa was
supporting him during his struggle for power when
he was regent, now they started to exert pressure on
him to open up Ethiopia to the outside word.
• In this regard, one of the reasons was Haile
Selassie's exposure to the modern constitutions that
he saw in Europe in his state visits.
• This motivated him to have a progressive and
modern constitution.
• The second reason was to win international image
about his country.
• He wanted to convince the European states that
Ethiopia was a civilized country.
• The other factors that motivated the king was to
build up his own reputation as a modern and
reformist king of the country, different from the
preceding kings.
• Generally, the constitution has two motives;
Consolidation and centralization of power and
modernization.
 I. 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.
• 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.
• 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.
• All of these provisions imply his intention to
consolidate and centralize his power and to limit
the power of the nobility by establishing
parliament.
• Refer Article 3 of the 1931 and Article 5 of the
1931 constitution
 II. Modernization.
• The second main motive of the constitution was
modernization; the emperor was also aimed at
modernization.
• 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”.
• Innovation of the 1931 constitution: According
to Fasil Nahum, the following were considered as
an innovation of the 1931 constitution.
• The first major innovation of the constitution was the
formation of bicameral parliament known as
Deliberative Chambers.
• Prior to 1931 there was no parliament in the history
of Ethiopia.
• The second innovation of this constitution was the
concept of fixed annual budget for government.
• Traditionally, authorization on expenditure was carried
out through the Mazeja (is a written order by the
minister of Pen on the emperor's instructions or
in other word government funds transferred
from the minister of Finance to the respective
departments)
 Structure and Operation of Government
• 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.
• As stated in Article 31 of the 1931 constitution, the
members of the Senate were appointed by His Majesty
the Emperor from among the dignitaries
(Mekuanent) who have for a long time served his
empire as princes or ministers, judges or army
leaders.
• Regarding to the lower house (Chamber of
Deputies) Article 32 stated that “As a temporary
measure until the people are capable of electing
them themselves, 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.
• It was an instrument for the two program i.e.
modernization and centralization 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.
• It was not also expert body capable to scrutinize
proposed legislation, since members had little
experience with written law.
• As per the Constitution, he 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.
• 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.
• 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.
• However, note that the parliament is still the major
innovation of the constitution.
• Although it was a noble man’s council, it was the first
‘timid’ step towards participatory government.
• Some writers consider it as a nascent/hopeful
parliament, sign of Ethiopia's constitutional
development, and foundation for the subsequent
development of viable institution.
• Executive Branch
• 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.
• The major responsibility of the ministers was to submit
in writing to the emperor their opinion on the affairs
of their respective departments.
• The Judiciary Branch
• The Constitution created two systems of courts:
regular courts (for civil and criminal cases) and
administrative tribunals (for administrative issues).
• Despite the creation of judicial organ of government,
it was not independent organ.
• Rights of The People
• Despite the violation of human right and absence of
constitutionalism, the constitution recognized a number
of rights such as Freedom of movement (Article 21) ,
right against extra-legal detention and sentence
(Article 22) , right as privacy (Article 23), property
right (Article 24) and right of petition (Article 25)
are provided by the Constitution.
• 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.
• 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.
 The 1955 Revised Constitution
Major Reasons for Revision of the 1931constitution
in 1955
 1) In Ethiopia itself the social conditions had
changed in significant way throughout the 1940s.
 Ethiopian politics were profoundly affected by
World War II and its aftermath.
 The emperor had been driven into exile when
beginning in 1935 the Italian Fascists occupied
the country for just over five years.
 During this period both the Ethiopian Orthodox
Church and the traditional aristocracy were
severely weakened.
 In fact, in the process of resisting the Italian occupation,
virtually a whole generation of young Ethiopian
intellectuals was wiped out.
 The five year Italy occupation and the liberation of
Ethiopia with the military support of British and WWII
tremendously affected the Ethiopian politics and forced
the Emperor to revise his oldest constitution.
 Ethiopia also had closer ties with the West and this
brought about western ideas and concepts.
 When the emperor was restored to the throne by the
British in 1941, he used their military and
administrative assistance to bolster his own authority
against what was left of the Church leadership and the
traditional aristocracy.
 The world had also been profoundly changed by the
War.
 Ethiopia found itself needing to establish itself as a
legitimate player in the world community of states.
 Moreover, it was surrounded by African colonies
which were rapidly gaining their independence and
left by the departing colonialists with varying forms of
democratic institutions.
 This trend led to pressures for reform on the Imperial
Crown from younger Ethiopians.
 It was revised because of internal and external
factors mainly to cope up with the social and
political dynamics of the then period, global politics,
and Ethio-Eritrean federation.
 Generally, during the1950s Ethiopia has gone through a
series of experiences which make the Constitution
largely inadequate to deal the situation.
• 2) The 1952 Ethio- Eritrean federation
• The constitution clashed embarrassingly with the
democratic principle of the Eritrean constitution
and the Federal Act.
Structure and Operation of Government
• 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.
• The senate is the upper house and the chamber of
deputies is the lower.
• Members of both chambers have to take oath to in
front of the emperor before taking office.
• Senate: It consists of the senators appointed by the
emperor for six years.
• A candidate to be appointed as senator has to fulfill
the following criteria:
– Ethiopia subject by birth,
– Has reached the age of 35 years,
– Must be prince, or other dignitary, or
– Former high government official or other
esteemed person, and
– Is not disqualified under any electoral law
• The emperor has power to elect president and the
two vice president of the senate each year from
among the Senators.
• 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.
• 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,
– Resident and 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.
– Deputies were elected for terms of four years
and eligible for reelection .
– The president and two vice president of the
chambers of deputies were elected each year
from and by the members of the Chambers.
• 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.
• 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.
• 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.
• 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.
• 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.
.
The Judiciary Branch
• The Judiciary was appointed by the emperor subject
to special law on judicial nomination,
appointment, retirement and promotion.
• The Constitution stated, “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.
• 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 by a
Supreme Imperial Court, High Court and
Provincial (Awraja) Courts.
• There were also local courts such as Atbia Dagna
(village courts) with a very limited jurisdiction.
• One innovation in this field is the principle of
judicial review.
• The 1955 constitution of Ethiopia 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.
• According to Article 22, 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
• However, the emperor is still considered as the
source of justice.
• He was allowed to exercise his clemency and also
adjudicate cases in the highest tribunal of the
country, the Zufan Chilot.
• The influence of the executive on the courts is also
reflected in the fact that 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.
The Rights of the People
• It is interestingly 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.
• 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.
• Generally the 1955 Constitution not only
created the impression that Ethiopia was
modern by rectifying the anomaly created
between 1931 Constitution and that of
Eritrean constitution, but also its consolidated
absolutism.
 The 1987 Constitution
• 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, 4 Parts and 17
Chapters preceded by the establishment of the
Institute for Study of Ethiopian Nationalities in
1983.
• 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, article 59 of the constitution provided
for the establishment of autonomous and
administrative regions.
• Legislative Branch
• The constitution established unicameral
parliament that is the National Shengo.
• The National Shengo is the supreme organ & was
the parliament of the PDRE.
• The National Shengo of the PDRE has power to
decide on any national issue, enact and supervise
the observance of constitution and proclamations,
determine the domestic and foreign policy.
• Determine the defense 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.
• The executive Branch (Council of
Ministers, President, Prime minister)
• The council of ministers is the highest executive and
administrative organs of the PDRE (article 89).
• It is composed of the Prime Minister, Deputy
prime minister and other members.
• In this constitution, the president of the PDRE is the
head of state, the Secretary General of the
Communist party, is the executive president of
the republic, the president of the council of state,
the chairman of the National Shengo, and the
commander in chief of the armed forces.
• The Judiciary Organ
• The highest judicial court organ of the PDRE is the
Supreme Court.
• The Supreme Court is elected by the National
Shengo.
• The adoption of a new constitution, through a
constitutional commission, which was different in
its nature from the constitutions of its predecessors.
• The People’s Democratic Republic Ethiopia
constitution (1987) was different from the 1931 and
the 1955 imperial constitutions in that constitution:
• State and religion were separated (issue of
secularism was included in the constitution) for the
first time;
• State the political power and sovereignty were
declared to be the preserve of the working people of
Ethiopia.
• Contains provisions on democratic and human rights;
• Recognized the different cultural identities and the
equality of Nation and Nationalities;
• Introduced a party system by giving recognition to the
workers party of Ethiopia.
• Thus, leading to a transition from a none party system
to a single party system;
• Aimed at the principles of Marxist and Leninist
ideology;
• Aimed at giving power to the peoples so that they
exercise through referendum, local and national
assembly.
• Practically, however, the 1987 constitution was not
different from the 1931 and 1955 constitutions.
 Transitional Period Charter
• The Charter declared that “freedom, equal rights
and self-determination of all peoples shall be the
governing principle of political, economic and
social life.
• It proclaimed fundamental individual human rights
and freedoms.
• It guaranteed the right of each nation, nationality
and people of Ethiopia to self-determination.
• One of the most significant effects of the Charter
was the establishment of two parallel systems of
government, consisting of a central government
and the regional/national self-governments, for
the transitional period.
• The central government during the transitional
period was composed of the Council of
Representatives and the Council of Ministers.
• The Council of Representatives was made up of the
representatives of national (ethnic) liberation
movements, other political organizations and
prominent individuals.
• It exercised legislative and supervisory functions.
• The Council of Ministers, consisted the Prime
Minister, who was appointed by the President
and approved by the Council of Representatives,
and other ministers who were nominated by the PM
and appointed by the Council of Representatives.
• The requirements for selecting the members of the
Council of Ministers were not only based upon the
criteria of technical competence and compliance to
the Charter but also on broad national (ethnic)
representation.
• The Charter provided for the promulgation of a law
which would establish local and regional councils
for local administrative purposes defined on the
basis of nationality.
• Accordingly, National/Regional Proclamation No.
7/1992 was promulgated "with a view to giving
effect to the right of nations, nationalities and
peoples to self-determination.
• The main objective of this proclamation was to give effect
to the right of nations, nationalities and peoples to self-
determination, and to ensure the preservation and
promotion of their languages, cultures and histories.
• The Proclamation established fourteen national/regional
self-governments and identified the ethnic communities
inhabiting each of the regions, with the exception of that of
the capital city.
• In order to exercise their powers and functions, the regional
self-governing units were structured in such a fashion as to
be composed of: 1) a council; 2) executive committee; 3)
judicial administration office; 4) public prosecution
office; 5) audit and control office; 6) police and security
office; and 7) service and development committee.
 The 1995 FDRE Constitution
• The 1995 constitution is different from all other
constitutions that were formulated in the history of
the country.
• It changed Ethiopia from unitary to a federal state.
• Also it gives importance to Ethno-linguistic
composition of the state.
• It is not the constitution of the Ethiopian people
rather it is the constitution of the nation of nations.
• This constitution has 106 articles in eleven
chapters
• Salient features of the constitution of 1995
– Ethnicity as a Major Component.
– Parliamentary Democracy
– The Right to Secession
– Ownership of Land
– Language Policy
– The policy on Religion
– Fundamental Rights and Freedoms
– Constitutional interpretation
– Constitutional Amendment
– State of Emergency