Chapter Four
Human Rights and Humanitarian Intervention
CHAPTER FOUR
HUMAN RIGHTS AND HUMAN RIGHTS INSTITUTIONS IN ETHIOPIA
Contents
Human Rights and the 1931 Constitution
Human Rights in the 1955 Revised Constitution
Human Rights in the 1987 PDRE Constitution
Rights under FDRE Constitution
International Vs National Human Rights
Instruments
Human Rights Institutions in Ethiopia
Human Rights and the 1931 Constitution
In the era of unwritten constitutions of Ethiopia, i.e., in the
time preceding 1931, citizens were mere subjects of the
Emperors.
The 1931 Constitution was an Imperial grant (to the beloved
subjects).
The Constitution had 55 articles and 7 chapters.
Regarding to the rights of subjects, it introduced certain
elementary rights in Chapter three from Article 18-29.
These include the right to movement, due process of the law,
the right of petition, right against extra-legal detention and
sentence, right of privacy, and property right, freedom from
arbitrary search and arrest, the right to public trial.
However, the rights are constrained by claw back clauses
marked by the phrase such as “in accordance with the law”, or
Human Rights in the 1955 Revised Constitution
The constitution was proclaimed on 4, November 1955 after
the establishment of UN (declaration of UDHR) and
federation of Eritrea with Ethiopia.
The constitution comprised 131 articles and 8 chapters.
It contained rights and duties for the subjects in chapter three
from Article 37-65.
It recognizes many rights.
Some of the duties include: The duty to respect and obey the
constitution, laws, decrees, orders or regulations of the empire
and owe loyalty to the emperor and the empire.
However, like the 1931 constitution, the rights are limited by
claw back clauses of the law & emperor’s emergency power.
Human Rights in the 1987 PDRE Constitution
The Dergue took power from the monarchy in 1974 and
declared the country as a socialist unitary state, based
on Marxist Leninist ideology of rule of the proletariat.
The 1987 constitution contains 17 chapters and 119
Articles
Chapter seven of the constitution (from Article 35-58)
was devoted to what it called the fundamental
freedoms, rights and duties of citizens which were
focused on economic, social and cultural rights.
As far as obligation is concerned, it is given to the
Council of State headed by the president that makes the
independence of the courts questionable
Rights under FDRE Constitution
Comprised, preamble, 11 chapters and 106 articles.
Preamble
Chapter One- General Provisions (1-7 Articles)
Chapter Two- Fundamental Principles (8-12 Articles)
Chapter Three- Fundamental Rights & Freedoms (13-44 Articles)
Chapter Four- State Structure (45-49 Articles)
Chapter Five- The Structure and Division of Powers (50-52 Articles)
Chapter Six- The Federal Houses (53-68 Articles)
Chapter Seven- The President of the Republic (69-71 Articles)
Chapter Eight- The Executive (72-77 Articles)
Chapter Nine- Structure And Powers of the Courts (78-84 Articles)
Chapter Ten- National Policy Principles & Objectives (85-92 Articles)
Chapter Eleven- Miscellaneous Provisions (93-106 Articles)
FDRE Constitution…
Article 10: Human and Democratic Rights
1. Human rights and freedoms, emanating from the nature of mankind, are
inviolable and inalienable.
2. Human and democratic rights of citizens and peoples shall be respected.
Chapter Three- Fundamental Rights and Freedoms
◦ Article 13: Scope of Application and Interpretation (See also Article 9)
◦ Articles 14-28- Human Rights
◦ Articles 29-44- Democratic Rights
Article 93: Declaration of State of Emergency
Issues:
1. External invasion,
2. A break down of law and order which endangers the
Constitutional order and which cannot be controlled by the
regular law enforcement agencies and personnel,
3. A natural disaster, or
4. An epidemic occur.
Derogable and Non derogable rights in the FDRE
Constitution
During a state of emergency the following rights should not
suspended or limited: the rights provided for in
Articles 1, 18, 25, 39 and sub-Articles 1 and 2 of Article 93.
On the other hand, many rights provided under the
Constitution have been limited by claw back clauses such as
"through laws", "prescribed by law".
In addition, some rights such as the right to freedom of
religion (Art. 27), expression (Art. 29), or assembly (Art.
30) are subject to a specific variety of limitations.
International Vs National Human Rights Instruments
There are two theories that define the relationship between
municipal & international law: dualists and monist approach.
I. Dualist: International and municipal laws form two separate
and independent legal systems
II. Monist: International law and municipal law as parts of a
single legal system.
In Ethiopian context, there are debates regarding the
application of international law as presented below:
1. Article 9 sub articles 1 (“supreme law of the land”) and 4 (“integral
part of the law of the land”)
2. Federal Negarit Gazette [Link].3/1995- “international agreements
need to be published in the Negarit Gazette.”
3. Article 13: The rights will be interpreted in a manner conforming to
the principles of the international instruments adopted by Ethiopia.
Human Rights Institutions In Ethiopia
The Government (the Legislative, Executive and Judiciary
organs).
Non-Governmental Organizations (NGOs) and Advocacy
Groups E.g. ኢሰመጉ
Human Rights Commission፦ Article 55 (14) of the
FDRE Constitution and Proclamation No 210/2000.
Institution of Ombudsman:- Article 55 (15) of the FDRE
Constitution and Proclamation No 211/2000.
NB: Dear students, refer the Proclamation No 210/2000 and
No 211/2000 attached to chapter four of your reading
material for detail.
Tip
Areas of Specializations for CEEd/CES Graduates
Any social science discipline with bridge course
Peace and Security/Conflict/Development Studies
Political Science/IR/Diplomacy
Human rights
Philosophy
Development Studies
Governance/Gender/Federalism Studies…