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Ethiopian Constitution
PREAMBLE
We, the Nations,
Nationalities and Peoples of
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
relationships and by further promoting our shared interests;
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
CHAPTER ONE
GENERAL PROVISIONS
Article 1
Nomenclature of the State
This Constitution
establishes a Federal and Democratic State structure. Accordingly, the
Ethiopian state shall be known as the Federal Democratic Republic of
Ethiopia.
Article 2
Ethiopian Territorial
Jurisdiction
The territorial
jurisdiction of
Article 3
The Ethiopian Flag
The Ethiopian flag shall
consist of green
at the top, yellow
in the middle and red
at the bottom, and shall have a national emblem at the center. The three
colors shall be set horizontally in equal dimension.
The national emblem on the
flag shall reflect the hope of the Nations, Nationalities, Peoples as well
as religious communities of
Members of the Federation
may have their respective flags and emblems and shall determine the
details thereof through their respective legislatures.
Article 4
National Anthem of
The national anthem of
Article 5
Languages
1. All Ethiopian languages
shall enjoy equal state recognition. 2. Amharic shall be the working
language of the Federal Government. 3. Members of the Federation may by
law determine their respective working languages.
Article 6
Nationality
1. Any person of either sex
shall be an Ethiopian national where both or either parent is Ethiopian.
2. Foreign nationals may acquire Ethiopian nationality. 3. Particulars
relating to nationality shall be determined by law.
Article 7
Gender Reference
Provisions of this
Constitution set out in the masculine gender shall also apply to the
feminine gender.
CHAPTER TWO
FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION
Article 8
Sovereignty of the people
1. All sovereign power
resides in the Nations, Nationalities and Peoples of Ethiopia. 2. This
Constitution is an expression of their sovereignty. 3. Their sovereignty
shall be expressed through their representatives elected in accordance
with this Constitution and through their direct democratic participation
Article 9
Supremacy of the
Constitution
1. The Constitution is the
supreme law of the land. Any law, customary practice or a decision of an
organ of state or a public official which contravenes this Constitution
shall be of no effect. 2. All citizens, organs of state, political
organizations, other associations as well as their officials have the duty
to ensure observance of the Constitution and to obey it. 3. It is
prohibited to assume state power in any manner other than that provided
under the Constitution. 4. All international agreements ratified by
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.
Article 11
Separation of State and
Religion
1. State and religion are
separate. 2. There shall be no state religion. 3. The state shall not
interfere in religious matters and religion shall not interfere in state
affairs.
Article 12
Conduct and Accountability
of Government
1. The conduct of affairs
of government shall be transparent. 2. Any public official or an elected
representative is accountable for any failure in official duties. 3. In
case of loss of confidence, the people may recall an elected
representative. The particulars of recall shall be determined by law.
CHAPTER THREE
FUNDAMENTAL RIGHTS AND FREEDOMS
Article 13
Scope of Application and
Interpretation
All Federal and State
legislative, executive and judicial organs at all levels shall have the
responsibility and duty to respect and enforce the provisions of this
Chapter.
The fundamental rights and
freedoms specified in this Chapter shall be interpreted in a manner
conforming to the principles of the Universal Declaration of Human Rights,
International Covenants on Human Rights and International instruments
adopted by
PART ONE
HUMAN RIGHTS
Article 14
Rights to life, the
Security of Person and
Every person has the
inviolable and inalienable right to life the security of person and
liberty.
Article 15
Right to Life
Every person has the right
to life. No person may be deprived of his life except as a punishment for
a serious criminal offence determined by law.
Article 16
The Right of the Security
of Person
Every one has the right to
protection against bodily harm.
Article 17
Right to
No one shall be deprived of
his or her liberty except on such grounds and in accordance with such
procedure as are established by law.
No person may be subjected
to arbitrary arrest, and no person may be detained without a charge or
conviction against him.
Article 18
Prohibition against Inhuman
Treatment
Everyone has the right to
protection against cruel, inhuman or degrading treatment or punishment.
No one shall be held in
slavery or servitude. Trafficking in human beings for whatever purpose is
prohibited.
No one shall be required to
perform forced or compulsory labour.
For the purpose of
sub-Article 3 of this Article the phrase "forced or compulsory labour"
shall not include:
(a) Any work or service
normally required of a person who is under detention in consequence of a
lawful order, or of a person during conditional release from such
detention; (b) In the case of conscientious objectors, any service exacted
in lieu of compulsory military service; (c) Any service exacted in cases
of emergency or calamity threatening the life or well-being of the
community; (d) Any economic and social development activity voluntarily
performed by a community within its locality.
Article 19
Right of Persons Arrested
Persons arrested have the
right to be informed promptly, in a language they understand, of the
reasons for their arrest and of any charge against them.
Persons arrested have the
right to remain silent. Upon arrest, they have the right to be informed
promptly, in a language they understand, that any statement they make may
be used as evidence against them in court.
Persons arrested have the
right to be brought before a court within 48 hours of their arrest. Such
time shall not include the time reasonably required for the journey from
the place of arrest to the court. On appearing before a court, they have
the right to be given prompt and specific explanation of the reasons for
their arrest due to the alleged crime committed.
All persons have an
inalienable right to petition the court to order their physical release
where the arresting police officer or the law enforcer fails to bring them
before a court within the prescribed time and to provide reasons for their
arrest. Where the interest of justice requires, the court may order the
arrested person to remain in custody or, when requested remand him for a
time strictly required to carry out the necessary investigation. In
determining the additional time necessary for investigation, the court
shall ensure that the responsible law enforcement authorities carry out
the investigation respecting the arrested person’s right to a speedy
trial.
Persons arrested shall not
be compelled to make confessions or admissions which could be used in
evidence against them. Any evidence obtained under coercion shall not be
admissible.
Persons arrested have the
right to be released on bail. In exceptional circumstances prescribed by
law, the court may deny bail or demand adequate guarantee for the
conditional release of the arrested person.
Article 20
Rights of Persons Accused
Accused persons have the
right to a public trial by an ordinary court of law within a reasonable
time after having been charged. The court may hear cases in a closed
session only with a view to protecting the right to privacy of the parties
concerned, public morals and national security.
Accused persons have the
right to be informed with sufficient particulars of the charge brought
against them and to be given the charge in writing.
During proceedings accused
persons have the right to be presumed innocent until proved guilty
according to law and not to be compelled to testify against themselves.
Accused persons have the
right to full access to any evidence presented against them, to examine
witnesses testifying against them, to adduce or to have evidence produced
in their own defence, and to obtain the attendance of and examination of
witnesses on their behalf before the court.
Accused persons have the
right to be represented by legal counsel of their choice, and, if they do
not have sufficient means to pay for it and miscarriage of justice would
result, to be provided with legal representation at state expense.
All persons have the right
of appeal to the competent court against an order or a judgment of the
court which first heard the case.
They have the right to
request for the assistance of an interpreter at state expense where the
court proceedings are conducted in a language they do not understand.
Article 21
The Rights of Persons Held
in Custody and Convicted Prisoners
All persons held in custody
and persons imprisoned upon conviction and sentencing have the right to
treatments respecting their human dignity.
All persons shall have the
opportunity to communicate with, and to be visited by, their spouses or
partners, close relatives, friends, religious councilors, medical doctors
and their legal counsel.
Article 22
Non-retroactivity of
Criminal Law
No one shall be held guilty
of any criminal offence on account of any act or omission which did not
constitute a criminal offence at the time when it was committed. Nor shall
a heavier penalty be imposed on any person than the one that was
applicable at the time when the criminal offence was committed.
Notwithstanding the
provisions of sub-Article 1 of this Article, a law promulgated subsequent
to the commission of the offence shall apply if it is advantageous to the
accused or convicted person.
Article 23
Prohibition of Double
Jeopardy
No person shall be liable
to be tried or punished again for an offense for which he has already been
finally convicted or acquitted in accordance with the criminal law and
procedure.
Article 24
Right to Honour and
Reputation
Everyone has the right to
respect for his human dignity, reputation and honour.
Everyone has the right to
the free development of his personality in a manner compatible with the
rights of other citizens.
Everyone has the right to
recognition every where as a person.
Article 25
Right to Equality
All persons are equal
before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall guarantee to all
persons equal and effective protection without discrimination on grounds
of race, nation, nationality, or other social origin, colour, sex,
language, religion, political or other opinion, property, birth or other
status.
Article 26
Right to Privacy
Everyone has the right to
privacy. This right shall include the right not to be subjected to
searches of his home, person or property, or the seizure of any property
under his personal possession.
Everyone has the right to
the inviolability of his notes and correspondence including postal
letters, and communications made by means of telephone, telecommunications
and electronic devices.
Public officials shall
respect and protect these rights. No restrictions may be placed on the
enjoyment of such rights except in compelling circumstances and in
accordance with specific laws whose purposes shall be the safeguarding of
national security or public peace, the prevention of crimes or the
protection of health, public morality or the rights and freedoms of
others.
Article 27
Freedom of Religion, Belief
and Opinion
Everyone has the right to
freedom of thought, conscience and religion. This right shall include the
freedom to hold or to adopt a religion or belief of his choice, and the
freedom, either individually or in community with others, and in public or
private, to manifest his religion or belief in worship, observance,
practice and teaching.
Without prejudice to the
provisions of sub-Article 2 of Article 90, believers may establish
institutions of religious education and administration in order to
propagate and organize their religion.
No one shall be subject to
coercion or other means which would restrict or prevent his freedom to
hold a belief of his choice.
Parents and legal guardians
have the right to bring up their children ensuring their religious and
moral education in conformity with their own convictions.
Freedom to express or
manifest one’s religion or belief may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety,
peace, health, education, public morality or the fundamental rights and
freedoms of others, and to ensure the independence of the state from
religion.
Article 28
Crimes Against Humanity
Criminal liability of
persons who commit crimes against humanity, so defined by international
agreements ratified by
In the case of persons
convicted of any crime stated in sub-Article 1 of this Article and
sentenced with the death penalty, the Head of State may, without prejudice
to the provisions here in above, commute the punishment to life
imprisonment.
PART TWO
DEMOCRATIC RIGHTS
Article 29
Right of Thought, Opinion
and Expression
1. Everyone has the right
to hold opinions without interference. 2. Everyone has the right to
freedom of expression without any interference. This right shall include
freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any media of his choice. 3. Freedom of the press
and other mass media and freedom of artistic creativity is guaranteed.
Freedom of the press shall specifically include the following elements:
(a) Prohibition of any form of censorship. (b) Access to information of
public interest. 4. In the interest of the free flow of information, ideas
and opinions which are essential to the functioning of a democratic order,
the press shall, as an institution, enjoy legal protection to ensure its
operational independence and its capacity to entertain diverse opinions.
5. Any media financed by or under the control of the State shall be
operated in a manner ensuring its capacity to entertain diversity in the
expression of opinion. 6. These rights can be limited only through laws
which are guided by the principle that freedom of expression and
information cannot be limited on account of the content or effect of the
point of view expressed. Legal limitations can be laid down in order to
protect the well-being of the youth, and the honour and reputation of
individuals. Any propaganda for war as well as the public expression of
opinion intended to injure human dignity shall be prohibited by law. 7.
Any citizen who violates any legal limitations on the exercise of these
rights may be held liable under the law.
Article 30
The Right of Assembly,
Demonstration and Petition
Everyone has the right to
assemble and to demonstrate together with others peaceably and unarmed,
and to petition. Appropriate regulations may be made in the interest of
public convenience relating to the location of open-air meetings and the
route of movement of demonstrators or, for the protection of democratic
rights, public morality and peace during such a meeting or demonstration.
This right does not exempt
from liability under laws enacted to protect the well-being of the youth
or the honour and reputation of individuals, and laws prohibiting any
propaganda for war and any public expression of opinions intended to
injure human dignity.
Article 31
Freedom of Association
Every person has the right
to freedom of association for any cause or purpose. Organizations formed,
in violation of appropriate laws, or to illegally subvert the
constitutional order, or which promote such activities are prohibited.
Article 32
Freedom of Movement
Any Ethiopian or foreign
national lawfully in Ethiopia has, within the national territory, the
right to liberty of movement and freedom to choose his residence, as well
as the freedom to leave the country at any time he wishes to.
Any Ethiopian national has
the right to return to his country.
Article 33
Rights of Nationality
No Ethiopian national shall
be deprived of his or her Ethiopian nationality against his or her will.
Marriage of an Ethiopian national of either sex to a foreign national
shall not annul his or her Ethiopian nationality.
Every Ethiopian national
has the right to the enjoyment of all rights, protection and benefits
derived from Ethiopian nationality as prescribed by law.
Any national has the right
to change his Ethiopian nationality.
Ethiopian nationality may
be conferred upon foreigners in accordance with law enacted and procedures
established consistent with international agreements ratified by
Article 34
Marital, Personal and
Family Rights
Men and women, without any
distinction as to race, nation, nationality or religion, who have attained
marriageable age as defined by law, have the right to marry and found a
family. They have equal rights while entering into, during marriage and at
the time of divorce. Laws shall be enacted to ensure the protection of
rights and interests of children at the time of divorce.
Marriage shall be entered
into only with the free and full consent of the intending spouses.
The family is the natural
and fundamental unit of society and is entitled to protection by society
and the State.
In accordance with
provisions to be specified by law, a law giving recognition to marriage
concluded under systems of religious or customary laws may be enacted.
This Constitution shall not
preclude the adjudication of disputes relating to personal and family laws
in accordance with religious or customary laws, with the consent of the
parties to the dispute. Particulars shall be determined by law.
Article 35
Rights of Women
Women shall , in the
enjoyment of rights and protections provided for by this Constitution,
have equal right with men.
Women have equal rights
with men in marriage as prescribed by this Constitution.
The historical legacy of
inequality and discrimination suffered by women in
The State shall enforce the
right of women to eliminate the influences of harmful customs. Laws,
customs and practices that oppress or cause bodily or mental harm to women
are prohibited.
(a) Women have the right to
maternity leave with full pay. The duration of maternity leave shall be
determined by law taking into account the nature of the work, the health
of the mother and the well-being of the child and family. (b) Maternity
leave may, in accordance with the provisions of law, include prenatal
leave with full pay.
Women have the right to
full consultation in the formulation of national development policies, the
designing and execution of projects, and particularly in the case of
projects affecting the interests of women.
Women have the right to
acquire, administer, control, use and transfer property. In particular,
they have equal rights with men with respect to use, transfer,
administration and control of land. They shall also enjoy equal treatment
in the inheritance of property.
Women shall have a right to
equality in employment, promotion, pay, and the transfer of pension
entitlements.
To prevent harm arising
from pregnancy and childbirth and in order to safeguard their health,
women have the right of access to family planning education, information
and capacity.
Article 36
Rights of Children
Every child has the right:
(a) To life; (b) To a name
and nationality; (c) To know and be cared for by his or her parents or
legal guardians; (d) Not to be subject to exploitative practices, neither
to be required nor permitted to perform work which may be hazardous or
harmful to his or her education, health or well-being; (e) To be free of
corporal punishment or cruel and inhumane treatment in schools and other
institutions responsible for the care of children.
In all actions concerning
children undertaken by public and private welfare institutions, courts of
law, administrative authorities or legislative bodies, the primary
consideration shall be the best interest of the child.
Juvenile offenders admitted
to corrective or rehabilitative institutions, and juveniles who become
wards of the State or who are placed in public or private orphanages,
shall be kept separately from adults.
Children born out of
wedlock shall have the same rights as children born of wedlock.
The State shall accord
special protection to orphans and shall encourage the establishment of
institutions which ensure and promote their adoption and advance their
welfare, and education.
Article 37
Right of Access to Justice
Everyone has the right to
bring a justiciable matter to, and to obtain a decision or judgment by, a
court of law or any other competent body with judicial power.
The decision or judgment
referred to under sub-Article 1 of this Article may also be sought by:
(a) Any association
representing the Collective or individual interest of its members; or (b)
Any group or person who is a member of, or represents a group with similar
interests.
Article 38
The Right to Vote and to be
Elected
Every Ethiopian national,
without any discrimination based on colour, race, nation, nationality,
sex, language, religion, political or other opinion or other status, has
the following rights: (a) To take part in the conduct of public affairs,
directly and through freely chosen representatives; (b) On the attainment
of 18 years of age, to vote in accordance with law; (c) To vote and to be
elected at periodic elections to any office at any level of government;
elections shall be by universal and equal suffrage and shall be held by
secret ballot, guaranteeing the free expression of the will of the
electors.
The right of everyone to be
a member of his own will in a political organization, labour union, trade
organization, or employers’ or professional association shall be respected
if he or she meets the special and general requirements stipulated by such
organization.
Elections to positions of
responsibility with any of the organizations referred to under sub-Article
2 of this Article shall be conducted in a free and democratic manner.
The provisions of
sub-Articles 2 and 3 of this Article shall apply to civic organizations
which significantly affect the public interest.
Article 39
Rights of Nations,
Nationalities, and Peoples
Every Nation, Nationality
and People in
Every Nation, Nationality
and People in
Every Nation, Nationality
and People in
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.
A "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 a common or related identities, a
common psychological make-up, and who inhabit an identifiable,
predominantly contiguous territory.
Article 40
The Right to Property
Every Ethiopian citizen has
the right to the ownership of private property. Unless prescribed
otherwise by law on account of public interest, this right shall include
the right to acquire, to use and, in a manner compatible with the rights
of other citizens, to dispose of such property by sale or bequest or to
transfer it otherwise.
"Private property", for the
purpose of this Article, shall mean any tangible or intangible product
which has value and is produced by the labour, creativity, enterprise or
capital of an individual citizen, associations which enjoy juridical
personality under the law, or in appropriate circumstances, by communities
specifically empowered by law to own property in common.
The right to ownership of
rural and urban land, as well as of all natural resources, is exclusively
vested in the State and in the peoples of
Ethiopian peasants have
right to obtain land without payment and the protection against eviction
from their possession. The implementation of this provision shall be
specified by law.
Ethiopian pastoralists have
the right to free land for grazing and cultivation as well as the right
not to be displaced from their own lands. The implementation shall be
specified by law.
Without prejudice to the
right of Ethiopian Nations, Nationalities, and Peoples to the ownership of
land, government shall ensure the right of private investors to the use of
land on the basis of payment arrangements established by law. Particulars
shall be determined by law.
Every Ethiopian shall have
the full right to the immovable property he builds and to the permanent
improvements he brings about on the land by his labour or capital. This
right shall include the right to alienate, to bequeath, and, where the
right of use expires, to remove his property, transfer his title, or claim
compensation for it. Particulars shall be determined by law.
Without prejudice to the
right to private property, the government may expropriate private property
for public purposes subject to payment in advance of compensation
commensurate to the value of the property.
Article 41
Economic, Social and
Cultural Rights
Every Ethiopian has the
right to engage freely in economic activity and to pursue a livelihood of
his choice anywhere within the national territory.
Every Ethiopian has the
right to choose his or her means of livelihood, occupation and profession.
Every Ethiopian national
has the right to equal access to publicly funded social services.
The State has the
obligation to allocate an ever increasing resources to provide to the
public health, education and other social services.
The State shall, within
available means, allocate resources to provide rehabilitation and
assistance to the physically and mentally disabled, the aged , and to
children who are left without parents or guardian.
The State shall pursue
policies which aim to expand job opportunities for the unemployed and the
poor and shall accordingly undertake programmes and public works projects.
The State shall undertake
all measures necessary to increase opportunities for citizens to find
gainful employment.
Ethiopian farmers and
pastoralists have the right to receive fair price for their products, that
would lead to improvement in their conditions of life and to enable them
to obtain an equitable share of the national wealth commensurate with
their contribution. This objective shall guide the State in the
formulation of economic, social and development policies.
The State has the
responsibility to protect and preserve historical and cultural legacies,
and to contribute to the promotion of the arts and sports.
Article 42
Rights of Labour
(a) Factory and service
workers, farmers, farm labourers, other rural workers and government
employees whose work compatibility allows for it and who are below a
certain level of responsibility, have the right to form associations to
improve their conditions of employment and economic well-being. This right
includes the right to form trade unions and other associations to bargain
collectively with employers or other organizations that affect their
interests. (b) Categories of persons referred to in paragraph (a) of this
sub-Article has the right to express grievances, including the right to
strike. (c) Government employees who enjoy the rights provided under
paragraphs (a) and (b) of this sub - Article shall be determined by law.
(d) Women workers have the right to equal pay for equal work.
Workers have the right to
reasonable limitation of working hours, to rest, to leisure, to periodic
leaves with pay, to remuneration for public holidays as well as healthy
and safe work environment.
Without prejudice to the
rights recognized under sub - Article 1 of this Article, laws enacted for
the implementation of such rights shall establish procedures for the
formation of trade unions and for the regulation of the collective
bargaining process.
Article 43
The Right to Development
The Peoples of Ethiopia as
a whole, and each Nation, Nationality and People in
Nationals have the right to
participate in national development and, in particular, to be consulted
with respect to policies and projects affecting their community.
All international
agreements and relations concluded, established or conducted by the State
shall protect and ensure
The basic aim of
development activities shall be to enhance the capacity of citizens for
development and to meet their basic needs.
Article 44
Environmental Rights
All persons have the right
to a clean and healthy environment.
All persons who have been
displaced or whose livelihoods have been adversely affected as a result of
State programmes have the right to commensurate monetary or alternative
means of compensation, including relocation with adequate State
assistance.
CHAPTER FOUR
STATE STRUCTURE
Article 45
Form of Government
The Federal Democratic
Republic of Ethiopia shall have a parliamentarian form of government.
Article 46
States of the Federation
The Federal Democratic
Republic shall comprise of States.
States shall be delimited
on the basis of the settlement patterns, language, identity and consent of
the peoples concerned.
Article 47
Member States of the
Federal Democratic Republic
Member States of the
Federal Democratic Republic of Ethiopia are the Following:
1) The State of
2) The State of
3) The State of
4) The State of
5) The State of
6) The State of Benshangul/Gumuz
7) The State of the
Southern Nations, Nationalities and Peoples
8) The State of the Gambela
Peoples
9) The State of the Harari
People
Nations, Nationalities and
Peoples within the States enumerated in sub-Article 1 of this article have
the right to establish, at any time, their own States.
The right of any Nation,
Nationality or People to form its own state is exercisable under the
following procedures:
When the demand for
statehood has been approved by a two-thirds majority of the members of the
Council of the Nation, Nationality or People concerned, and the demand is
presented in writing to the State Council;
When the Council that
received the demand has organized a referendum within one year to be held
in the Nation, Nationality or People that made the demand;
When the demand for
statehood is supported by a majority vote in the referendum;
When the State Council will
have transferred its powers to the Nation, Nationality or People that made
the demand; and
When the new State created
by the referendum without any need for application, directly becomes a
member of the Federal Democratic Republic of Ethiopia.
4. Member States of the
Federal Democratic Republic of Ethiopia shall have equal rights and
powers.
Article 48
State Border Changes
All State border disputes
shall be settled by agreement of the concerned States. Where the concerned
States fail to reach agreement, the House of the Federation shall decide
such disputes on the basis of settlement patterns and the wishes of the
peoples concerned.
The House of Federation
shall, within a period of two years, render a final decision on a dispute
submitted to it pursuant to sub-Article 1 of this Article.
Article 49
The residents of
The Administration of Addis
Ababa shall be responsible to the Federal Government.
Residents of
The special interest of the
State of
CHAPTER FIVE
THE STRUCTURE AND DIVISION OF POWERS
Article 50
Structure of the Organs of
State
The Federal Democratic
Republic of Ethiopia comprises the Federal Government and the State
members.
The Federal Government and
the States shall have legislative, executive and judicial powers.
The House of Peoples’
Representatives is the highest authority of the Federal Government. The
House is responsible to the People. The State Council is the highest organ
of State authority. It is responsible to the People of the State.
State government shall be
established at State and other administrative levels that they find
necessary. Adequate power shall be granted to the lowest units of
government to enable the People to participate directly in the
administration of such units.
The State Council has the
power of legislation on matters falling under State jurisdiction.
Consistent with the provisions of this Constitution, the Council has power
to draft, adopt and amend the state constitution.
The State administration
constitutes the highest organ of executive power.
State judicial power is
vested in its courts.
Federal and State powers
are defined by this Constitution. The States shall respect the powers of
the Federal Government. The Federal Government shall likewise respect the
powers of the States.
The Federal Government may,
when necessary, delegate to the States powers and functions granted to it
by Article 51 of this Constitution.
Article 51
Powers and Functions of the
Federal Government
It shall protect and defend
the Constitution.
It shall formulate and
implement the country’s policies, strategies and plans in respect of
overall economic, social and development matters.
It shall establish and
implement national standards and basic policy criteria for public health,
education, science and technology as well as for the protection and
preservation of cultural and historical legacies.
It shall formulate and
execute the country’s financial, monetary and foreign investment policies
and strategies.
It shall enact laws for the
utilization and conservation of land and other natural resources,
historical sites and objects.
It shall establish and
administer national defence and public security forces as well as a
federal police force.
It shall administer the
National Bank, print and borrow money, mint coins, regulate foreign
exchange and money in circulation; it shall determine by law the
conditions and terms under which States can borrow money from internal
sources.
It shall formulate and
implement foreign policy; it shall negotiate and ratify international
agreements.
It shall be responsible for
the development, administration and regulation of air, rail, waterways and
sea transport and major roads linking two or more States, as well as for
postal and telecommunication services.
It shall levy taxes and
collect duties on revenue sources reserved to the Federal Government; it
shall draw up, approve and administer the Federal Government’s budget.
It shall determine and
administer the utilization of the waters or rivers and lakes linking two
or more States or crossing the boundaries of the national territorial
jurisdiction.
It shall regulate
inter-State and foreign commerce.
It shall administer and
expand all federally funded institutions that provide services to two or
more States.
It shall deploy, at the
request of a state administration, Federal defence forces to arrest a
deteriorating security situation within the requesting State when its
authorities are unable to control it.
It shall enact, in order to
give practical effect to political rights provided for in this
Constitution, all necessary laws governing political parties and
elections.
It has the power to declare
and to lift national state of emergency and states of emergencies limited
to certain parts of the country.
It shall determine matters
relating to nationality.
It shall determine and
administer all matters relating to immigration, the granting of passports,
entry into and exit from the country, refugees and asylum.
It shall patent inventions
and protect copyrights.
It shall establish uniform
standards of measurement and calendar.
It shall enact laws
regulating the possession and bearing of arms.
Article 52
Powers and Functions of
States
All powers not given
expressly to the Federal Government alone, or concurrently to the Federal
Government and the States are reserved to the States.
Consistent with sub-Article
1 of this Article, States shall have the following powers and functions:
To establish a State
administration that best advances self-government, a democratic order
based on the rule of law; to protect and defend the Federal Constitution;
To enact and execute the
state constitution and other laws;
To formulate and execute
economic, social and development policies, strategies and plans of the
State;
To administer land and
other natural resources in accordance with Federal laws;
To levy and collect taxes
and duties on revenue sources reserved to the States and to draw up and
administer the State budget;
To enact and enforce laws
on the State civil service and their condition of work; in the
implementation of this responsibility it shall ensure that educational;
training and experience requirements for any job, title or position
approximate national standards;
To establish and administer
a state police force, and to maintain public order and peace within the
State;
CHAPTER SIX
THE FEDERAL HOUSES
Article 53
The Federal Houses
There shall be two Federal
Houses: The House of Peoples’ Representatives and the House of the
Federation.
Part one
The House of Peoples’
Representatives
Article 54
Members of the House of
Peoples’ Representatives
Members of the House of
Peoples’ Representatives shall be elected by the People for a term of five
years on the basis of universal suffrage and by direct, free and fair
elections held by secret ballot.
Members of the House shall
be elected from candidates in each electoral district by a plurality of
the votes cast. Provisions shall be made by law for special representation
for minority Nationalities and Peoples.
Members of the House, on
the basis of population and special representation of minority
Nationalities and Peoples, shall not exceed 550; of these, minority
Nationalities and Peoples shall have at least 20 seats. Particulars shall
be determined by law.
Members of the House are
representatives of the Ethiopian People as a whole. They are governed by:
The Constitution; The will of the people; and Their Conscience.
5. No member of the House
may be prosecuted on account of any vote he casts or opinion he expresses
in the House, nor shall any administrative action be taken against any
member on such grounds. 6. No member of the House may be arrested or
prosecuted without the permission of the House except in the case of
flagrante delicto 7. A member of the House may, in accordance with law,
lose his mandate of representation upon loss of confidence by the
electorate.
Article 55
Powers and Functions of the
House of Peoples’ Representatives
1. The House of Peoples’
Representatives shall have the power of legislation in all matters
assigned by this Constitution to Federal jurisdiction. 2. Consistent with
the provision of sub-Article 1 of this Article, the House of Peoples’
Representatives shall enact specific laws on the following matters:
(a) Utilization of land and
other natural resources, of rivers and lakes crossing the boundaries of
the national territorial jurisdiction or linking two or more States;
(b) Inter-State commerce
and foreign trade;
(c) Air, rail, water and
sea transport, major roads linking two or more States, postal and
telecommunication services;
(d) Enforcement of the
political rights established by the Constitution and electoral laws and
procedures;
(e) Nationality,
immigration, passport, exit from and entry into the country, the rights of
refugees and of asylum;
(f) Uniform standards of
measurement and calendar; (g) Patents and copyrights;
(h) The possession and
bearing of arms.
3. It shall enact a labour
code
4. It shall enact a
commercial code
5. It shall enact a penal
code. The States may, however, enact penal laws on matters that are not
specifically covered by Federal penal legislation.
6. It shall enact civil
laws which the House of the Federation deems necessary to establish and
sustain one economic community.
7. It shall determine the
organization of national defence, public security, and a national police
force. If the conduct of these forces infringes upon human rights and the
nation’s security, it shall carry out investigations and take necessary
measures.
8. In conformity with
Article 93 of the Constitution it shall declare state of emergency; it
shall consider and resolve on a decree of a state of emergency declared by
the executive.
9. On the basis of a draft
law submitted to it by the Council of Ministers it shall proclaim a state
of war.
10. It shall approve
general policies and strategies of economic, social and development, and
fiscal and monetary policy of the country. It shall enact laws on matters
relating to the local currency, the administration of the National Bank,
and foreign exchange.
11. It shall levy taxes and
duties on revenue sources reserved to the Federal Government, it shall
ratify the Federal budget.
12. It shall ratify
international agreements concluded by the executive.
13. It shall approve the
appointment of Federal judges, members of the Council of Ministers,
commissioners, the Auditor General, and of other officials whose
appointment is required by law to be approved by it.
14. It shall establish a
Human Rights Commission and determine by law its powers and functions.
15. It shall establish the
institution of the Ombudsman, and select and appoint its members. It shall
determine by law the powers and functions of the institution.
16. It shall, on its own
initiative, request a joint session of the House of the Federation and of
the House of Peoples’ Representatives to take appropriate measures when
State authorities are unable to arrest violations of human rights within
their jurisdiction. It shall, on the basis of the joint decision of the
House, give directives to the concerned State authorities.
17. It has the power to
call and to question the Prime Minister and other Federal officials and to
investigate the Executive’s conduct and discharge of its responsibilities.
18. It shall, at the request of one-third of its members, discuss any
matter pertaining to the powers of the executive. It has, in such cases,
the power to take decisions or measures it deems necessary.
19. It shall elect the
Speaker and Deputy Speaker of the House. It shall establish standing and
ad hoc committees as it deems necessary to accomplish its work.
Article 56
Political Power
A political party, or a
coalition of political parties that has the greatest number of seats in
the House of Peoples’ Representatives shall form the Executive and lead
it.
Article 57
Adoption of Laws
Laws deliberated upon and
passed by the House shall be submitted to the Nation’s President for
signature. The President shall sign a law submitted to him within fifteen
days. If the President does not sign the law within fifteen days it shall
take effect without his signature.
Article 58
Meetings of the House,
Duration of its Term
1. The presence of more
than half of the members of the House constitutes a quorum.
2. The annual session of
the House shall begin on Monday of the final week of the Ethiopian month
of Meskerem and end on the 30th day of the Ethiopian month of Sene. The
House may adjourn for one month of recess during its annual session.
3. The House of Peoples’
Representatives shall be elected for a term of five years. Elections for a
new House shall be concluded one month prior to the expire of the House’s
term.
4. The Speaker of the House
may call a meeting of the House when it is inrecess. The Speaker of the
House is also obliged to call a meeting of the House at the request of
more than one-half of the members.
5. Meetings of the House
shall be public. The House may, however, hold a closed meeting at the
request of the Executive or members of the House if such a request is
supported by a decision of more than one-half of the members of the House.
Article 59
Decisions and Rules of
Procedure of the House
1. Unless otherwise
provided in the Constitution, all decisions of the House shall be by a
majority vote of the members present and voting.
2. The House shall adopt
rules and procedures regarding the organization of its work and of its
legislative process.
Article 60
Dissolution of the House
1. With the consent of the
House, the Prime Minister may cause the dissolution of the House before
the expiry of its term in order to hold new elections.
2. The President may invite
political parties to form a coalition government within one week, if the
Council of Ministers of a previous coalition is dissolved because of the
loss of its majority in the House. The House shall be dissolved and new
elections shall be held if the political parties cannot agree to the
continuation of the previous coalition or to form a new majority
coalition.
3. If the House is
dissolved pursuant to sub-Article 1 or 2 of this Article, new elections
shall be held within six months of its dissolution.
4. The new House shall
convene within thirty days of the conclusion of the elections.
5. Following the
dissolution of the House, the previous governing party of coalition of
parties shall continue as a caretaker government. Beyond conducting the
day to day affairs of government and organizing new elections, it may not
enact new proclamations, regulations or decrees, nor may it repeal or
amend any existing law.
PART TWO
THE HOUSE OF THE FEDERATION
Article 61
Members of the House of the
Federation
1. The House of the
Federation is composed of representatives of Nations, Nationalities and
Peoples.
2. Each Nation, Nationality
and People shall be represented in the House of the Federation by at least
one member . Each Nation or Nationality shall be represented by one
additional representative for each one million of its population.
3. Members of the House of
the Federation shall be elected by the State Councils. The State Councils
may themselves elect representatives to the House of the Federation, or
they may hold elections to have the representatives elected by the people
directly.
Article 62
Powers and Functions of the
House of the Federation
1. The House has the power
to interpret the Constitution.
2. It shall organize the
Council of Constitutional Inquiry.
3. It shall, in accordance
with the Constitution, decide on issues relating to the rights of Nations,
Nationalities and Peoples to self-determination, including the right to
secession.
4. It shall promote the
equality of the Peoples of Ethiopia enshrined in the Constitution and
promote and consolidate their unity based on their mutual consent.
5. It shall exercise the
powers concurrently entrusted to it and to the House of Peoples’
Representatives.
6. It shall strive to find
solutions to disputes or misunderstandings that may arise between States.
7. It shall determine the
division of revenues derived from joint Federal and State tax sources and
the subsidies that the Federal Government may provide to the States.
8. It shall determine civil
matters which require the enactment of laws by the House of Peoples’
Representatives.
9. It shall order Federal
intervention if any State, in violation of this Constitution, endangers
the constitutional order.
10. It shall establish
permanent and ad hoc committees.
11. It shall elect the
Speaker and the Deputy Speaker of the House, and it shall adopt rules of
procedure and internal administration.
Article 63
Immunity of Members of the
House of Federation
1. No member of the House
of the Federation may be prosecuted on account of any vote he casts or
opinion he expresses in the House, nor shall any administrative action be
taken against any member on such grounds.
2. No member of the House
of the Federation may be arrested or prosecuted without the permission of
the House except in the case of flagrante delicto.
Article 64
Decisions and Rules of
Procedure
1. The presence at a
meeting of two-thirds of the members of the House of the Federation
constitutes a quorum. All decisions of the House require the approval of a
majority of members present and voting.
2. Members of the House may
vote only when they are present in person in the House.
Article 65
Budget
The House of the Federation
shall submit its budget for approval to the House of Peoples’
Representatives.
Article 66
Powers of the Speaker of
the House
1. The Speaker of the House
of the Federation shall preside over the meetings of the House.
2. He shall, on behalf of
the House, direct all its administrative affairs.
3. He shall enforce all
disciplinary actions the House takes on its members.
Article 67
Sessions and Term of
Mandate
1. The House of the
Federation shall hold at least two sessions annually.
2. The term of mandate of
the House of the Federation shall be five years.
Article 68
Prohibition of Simultaneous
Membership in the
Two Houses
No one may be a member of
the House of Peoples’ Representatives and of the House of the Federation
simultaneously.
CHAPTER SEVEN
THE PRESIDENT OF THE REPUBLIC
Article 69
The President
The President of the
Federal Democratic Republic of Ethiopia is the Head of State.
Article 70
Nomination and Appointment
of the President
The House of Peoples’
Representatives shall nominate the candidate for President.
The nominee shall be
elected President if a joint session of the House of Peoples’
Representatives and the House of the Federation approves his candidacy by
a two-thirds majority vote.
A member of either House
shall vacate his seat if elected President.
The term of office of the
President shall be six years. No person shall be elected President for
more than two terms.
Upon his election in
accordance with sub-Article 2 of this Article, the President, before
commencing his responsibility, shall, at a time the joint session of the
Houses determines, present himself before it and shall make a declaration
of loyalty to the Constitution and the Peoples of Ethiopia in the
following words:
"I ....., when on this date
commence my responsibility as President of the Federal Democratic Republic
of Ethiopia, pledge to carry out faithfully the high responsibility
entrusted to me."
Article 71
Powers and Functions of the
President
He shall open the joint
session of the House of Peoples’ Representatives and the House of the
Federation at the commencement of their annual sessions.
He shall proclaim in the
Negarit Gazeta laws and international agreements approved by the House of
Peoples’ Representatives in accordance with the Constitution.
He shall, upon
recommendation by the Prime Minister, appoint ambassadors and other envoys
to represent the country abroad.
He shall receive the
credentials of foreign ambassadors and special envoys.
He shall award medals,
prizes and gifts in accordance with conditions and procedures established
by law.
He shall, upon
recommendation by the Prime Minister and in accordance with law, grant
high military titles.
He shall, in accordance
with conditions and procedures established by law, grant pardon.
CHAPTER EIGHT
THE EXECUTIVE
Article 72
The Powers of the Executive
1. The Highest executive
powers of the Federal Government are vested in the Prime Minister and in
the Council of Ministers.
2. The Prime Minister and
the Council of Ministers are responsible to the House of Peoples’
Representatives. In the exercise of State functions, members of the
Council of Ministers are collectively responsible for all decisions they
make as a body.
3. Unless otherwise
provided in this Constitution the term of office of the Prime Minister is
for the duration of the mandate of the House of Peoples’ Representatives.
Article 73
Appointment of the Prime
Minister
1. The Prime Minister shall
be elected from among members of the House of Peoples’ Representatives.
2. Power of Government
shall be assumed by the political party or a coalition of political
parties that constitutes a majority in the House of Peoples’
Representatives.
Article 74
Powers and Functions of the
Prime Minister
1. The Prime Minister is
the Chief Executive, the Chairman of the Council of Ministers, and the
Commander-in-Chief of the national armed forces.
2. The Prime Minister shall
submit for approval to the House of Peoples’ Representatives nominees for
ministerial posts from among members of the two Houses or from among
persons who are not members of either House and possess the required
qualifications.
3. He shall follow up and
ensure the implementation of laws, policies, directives and other
decisions adopted by the House of Peoples’ Representatives.
4. He leads the Council of
Ministers, coordinates its activities and acts as its representative.
5. He exercises overall
supervision over the implementation of policies, regulations, directives
and decisions adopted by the Council of Ministers.
6. He exercises overall
supervision over the implementation of the country’s foreign policy.
7. He selects and submits
for approval to the House of Peoples’ Representatives nominations for
posts of Commissioners, the President and Vice-President of the Federal
Supreme Court and the Auditor General.
8. He supervises the
conduct and efficiency of the Federal administration and takes such
corrective measures as are necessary.
9. He appoints high
civilian officials of the Federal Government other than those referred to
in sub-Articles 2 and 3 of this Article.
10. In accordance with law
enacted or decision adopted by the House of Peoples’ Representatives, he
recommends to the President nominees for the award of medals, prizes and
gifts.
11. He shall submit to the
House of Peoples’ Representatives periodic reports on work accomplished by
the Executive as well as on its plans and proposals.
12. He shall discharge all
responsibilities entrusted to him by this Constitution and other laws.
13. He shall obey and
enforce the Constitution.
Article 75
Deputy Prime Minister
1. The Deputy Prime
Minister shall:
(a) Carry out
responsibilities which shall be specifically entrusted to him by the Prime
Minister; (b) Act on behalf of the Prime Minister in his absence.
2. The Deputy Prime
Minister shall be responsible to the Prime Minister.
Article 76
The Council of Ministers
1. The Council of Ministers
comprises the Prime Minister, the Deputy Prime Minister, Ministers and
other members as may be determined by law.
2. The Council of Ministers
is responsible to the Prime Minister.
3. In all its decisions,
the Council of Ministers is responsible to the House of Peoples’
Representatives.
Article 77
Powers and Functions of the
Council of Ministers
1. The Council of Ministers
ensures the implementation of laws and decisions adopted by the House of
Peoples’ Representatives.
2. It shall decide on the
organizational structure of ministries and other organs of government
responsible to it; it shall coordinate their activities and provide
leadership.
3. It shall draw up the
annual Federal budget and, when approved by the House of Peoples’
Representatives, it shall implement it.
4. It shall ensure the
proper execution of financial and monetary policies of the country; it
shall administer the National Bank, decide on the printing of money and
minting of coins, borrow money from domestic and external sources, and
regulate foreign exchange matters.
5. It shall protect patents
and copyrights.
6. It shall formulate and
implement economic, social and development policies and strategies.
7. It shall provide uniform
standards of measurement and calendar.
8. It shall formulate the
country’s foreign policy and exercise overall supervision over its
implementation.
9. It shall ensure the
observance of law and order.
10. It has the power to
declare a state of emergency; in doing so, it shall, within the time limit
prescribed by the Constitution, submit the proclamation declaring a state
of emergency for approval by the House of Peoples’ Representatives.
11. It shall submit draft
laws to the House of Peoples’ Representatives on any matter falling within
its competence, including draft laws on a declaration of war.
12. It shall carry out
other responsibilities that may be entrusted to it by the House of
Peoples’ Representatives and the Prime Minister. 13. It shall enact
regulations pursuant to powers vested in it by the House of Peoples’
Representatives.
CHAPTER NINE
STRUCTURE AND POWERS OF THE COURTS
Article 78
1. An independent judiciary
is established by this Constitution.
2. Supreme Federal judicial
authority is vested in the Federal Supreme Court. The House of Peoples’
Representatives may, by two-thirds majority vote, establish nationwide, or
in some parts of the country only, the Federal High Court and
First-Instance Courts it deems necessary. Unless decided in this manner,
the jurisdictions of the Federal High Court and of the First-Instance
Courts are hereby delegated to the State courts.
3. States shall establish
State Supreme, High and First-Instance Courts. Particulars shall be
determined by law.
4. Special or ad hoc courts
which take judicial powers away form the regular courts or institutions
legally empowered to exercise judicial functions and which do not follow
legally prescribed procedures shall not be established.
5. Pursuant to sub-Article
5 of Article 34 the House of Peoples’ Representatives and State Councils
can establish or give official recognition to religious and customary
courts. Religious and customary courts that had state recognition and
functioned prior to the adoption of the Constitution shall be organized on
the basis of recognition accorded to them by this Constitution.
Article 79
Judicial Powers 1. Judicial
Powers, both at Federal and State levels, are vested in the courts.
2. Courts of any level
shall be free from any interference of influence of any governmental body,
government official or from any other source.
3. Judges shall exercise
their functions in full independence and shall be directed solely by the
law.
4. No judge shall be
removed from his duties before he reaches the retirement age determined by
law except under the following conditions:
(a) When the Judicial
Administration Council decides to remove him for violation of disciplinary
rules or on grounds of gross incompetence or inefficiency; or
(b) When the Judicial
Administration Council decides that a judge can no longer carry out his
responsibilities on account of illness; and
(c) When the House of
Peoples’ Representatives or the concerned State Council approves by a
majority vote the decisions of the Judicial Administration Council.
5. The retirement of judges
may not be extended beyond the retirement age determined by law.
6. The Federal Supreme
Court shall draw up and submit to the House of Peoples’ Representatives
for approval the budget of the Federal courts, and upon approval,
administer the budget.
7. Budgets of State courts
shall be determined by the respective State Council. The House of Peoples’
Representatives shall allocate compensatory budgets for States whose
Supreme and High courts concurrently exercise the jurisdiction of the
Federal High Court and Federal First-Instance Courts.
Article 80
Concurrent Jurisdiction of
Courts
1. The Federal Supreme
Court shall have the highest and final judicial power over Federal
matters.
2. State Supreme Courts
shall have the highest and final judicial power over State matters. They
shall also exercise the Jurisdiction of the Federal High Court.
3. Notwithstanding the
Provisions of sub-Articles 1 and 2 of this Article;
(a) The Federal Supreme
Court has a power of cassation over any final court decision containing a
basic error of law. Particulars shall be determined by law.
(b) The State Supreme Court
has power of causation over any final court decision on State matters
which contains a basic error of law. Particulars shall be determined by
law.
4. State High Courts shall,
in addition to State jurisdiction, exercise the jurisdiction of the
5. Decisions rendered by a
State High Court exercising the jurisdiction of the
6. Decisions rendered by a
State Supreme Court on Federal matters are appealable to the Federal
Supreme Court.
Article 81
Appointment of Judges
1. The President and
Vice-President of the Federal Supreme Court shall, upon recommendation by
the Prime Minister, be appointed by the House of Peoples' Representatives.
2. Regarding other Federal
judges, the Prime Minister shall submit to the House of Peoples’
Representatives for appointment candidates selected by the Federal
Judicial Administration Council.
3. The State Council shall,
upon recommendation by the Chief Executive of the State, appoint the
President and Vice-President of the State Supreme Court.
4. State Supreme and High
Court judges shall, upon recommendation by the State Judicial
Administration Council, be appointed by the State Council. The State
Judicial Administration Council, before submitting nominations to the
State Council, has the responsibility to solicit and obtain the views of
the Federal Judicial Administration Council on the nominees and to forward
those views along with its recommendations. If the Federal Judicial
Administration Council does not submit its views within three months, the
State Council may grant the appointments.
5. Judges of State
First-Instance Courts shall, upon recommendation by the state Judicial
Administration Council, be appointed by the State Council.
6. Matters of code of
professional conduct and discipline as well as transfer of judges of any
court shall be determined by the concerned Judicial Administration
Council.
Article 82
Structure of the Council of
Constitutional Inquiry
1. The Council of
Constitutional Inquiry is established by this Constitution.
2. The Council of
Constitutional Inquiry shall have eleven members comprising:
(a) The President of the
Federal Supreme Court, who shall serve as its President;
(b) The vice-president of
the Federal Supreme Court, who shall serve as its Vice-President;
(c) Six legal experts,
appointed by the President of the Republic on recommendation by the House
of Peoples’ Representatives, who shall have proven professional competence
and high moral standing;
(d) Three persons
designated by the House of the Federation from among its members.
3. The Council of
Constitutional Inquiry shall establish organizational structure which can
ensure expeditious execution of its responsibilities.
Article 83
Interpretation of the
Constitution
1. All constitutional
disputes shall be decided by the House of the Federation.
2 .The House of the
Federation shall, within thirty days of receipt, decide a constitutional
dispute submitted to it by the Council of Constitutional Inquiry.
Article 84
Powers and Functions of the
Council of Constitutional Inquiry
1. The Council of
Constitutional Inquiry shall have powers to investigate constitutional
disputes. Should the Council, upon consideration of the matter, find it
necessary to interpret the Constitution, it shall submit its
recommendations thereon to the House of the Federation.
2. Where any Federal or
State law is contested as being unconstitutional and such a dispute is
submitted to it by any court or interested party, the Council shall
consider the matter and submit it to the House of the Federation for a
final decision.
3. When issues of
constitutional interpretation arise in the courts, the Council shall:
(a) Remand the case to the
concerned court if it finds there is no need for constitutional
interpretation; the interested party, if dissatisfied with the decision of
the Council, may appeal to the House of the Federation.
(b) Submit its
recommendations to the House of the Federation for a final decision if it
believes there is a need for constitutional interpretation.
4. The Council shall draft
its rules of procedure and submit them to the House of the Federation; and
implement them upon approval.
CHAPTER TEN
NATIONAL POLICY PRINCIPLES AND OBJECTIVES
Article 85
Objectives
1. Any organ of Government
shall, in the implementation of the Constitution, other laws and public
policies, be guided by the principles and objectives specified under this
Chapter.
2. The term "Government" in
this Chapter shall mean a Federal or State government as the case may be.
Article 86
Principles for External
Relations
1. To promote policies of
foreign relations based on the protection of national interests and
respect for the sovereignty of the country.
2. To promote mutual
respect for national sovereignty and equality of states and
non-interference in the internal affairs of other states.
3. To ensure that the
foreign relation policies of the country are based on mutual interests and
equality of states as well as that international agreements promote the
interests of
4. To observe international
agreements which ensure respect for
5. To forge and promote
ever growing economic union and fraternal relations of Peoples with
6. To seek and support
peaceful solutions to international disputes.
Article 87
Principles for National
Defence
1. The composition of the
national armed forces shall reflect the equitable representation of the
Nations, Nationalities and Peoples of Ethiopia.
2. The Minister of Defence
shall be a civilian.
3. The armed forces shall
protect the sovereignty of the country and carry out any responsibilities
as may be assigned to them under any state of emergency declared in
accordance with the Constitution.
4. The armed forces shall
at all times obey and respect the Constitution.
5. The armed forces shall
carry out their functions free of any partisanship to any political
organization(s).
Article 88
Political Objectives
1. Guided by democratic
principles, Government shall promote and support the People’s self-rule at
all levels.
2. Government shall respect
the identity of Nations, Nationalities and Peoples. Accordingly Government
shall have the duty to strengthen ties of equality, unity and fraternity
among them.
Article 89
Economic Objectives
1. Government shall have
the duty to formulate policies which ensure that all Ethiopians can
benefit from the country’s legacy of intellectual and material resources.
2. Government has the duty
to ensure that all Ethiopians get equal opportunity to improve their
economic condition and to promote equitable distribution of wealth among
them.
3. Government shall take
measures to avert any natural and man-made disasters, and, in the event of
disasters, to provide timely assistance to the victims.
4. Government shall provide
special assistance to Nations, Nationalities, and Peoples least advantaged
in economic and social development.
5. Government has the duty
to hold, on behalf of the People, land and other natural resources and to
deploy them for their common benefit and development.
6. Government shall at all
times promote the participation of the People in the formulation of
national development policies and programmes; it shall also have the duty
to support the initiatives of the People in their development endeavors.
7. Government shall ensure
the participation of women in equality with men in all economic and social
development endeavors.
8. Government shall
endeavor to protect and promote the health, welfare and living standards
of the working population of the country.
Article 90
Social Objectives
1. To the extent the
country’s resources permit, policies shall aim to provide all Ethiopians
access to public health and education, clean water, housing, food and
social security.
2. Education shall be
provided in a manner that is free from any religious influence, political
partisanship or cultural prejudices.
Article 91
Cultural Objectives
1. Government shall have
the duty to support, on the basis of equality, the growth and enrichment
of cultures and traditions that are compatible with fundamental rights,
human dignity, democratic norms and ideals, and the provisions of the
Constitution.
2. Government and all
Ethiopian citizens shall have the duty to protect the country’s natural
endowment, historical sites and objects.
3. Government shall have
the duty, to the extent its resources permit, to support the development
of the arts, science and technology.
Article 92
Environmental Objectives
1. Government shall
endeavor to ensure that all Ethiopians live in a clean and healthy
environment.
2. The design and
implementation of programmes and projects of development shall not damage
or destroy the environment.
3. People have the right to
full consultation and to the expression of views in the planning and
implementations of environmental policies and projects that affect them
directly.
4. Government and citizens
shall have the duty to protect the environment.
CHAPTER ELEVEN
MISCELLANEOUS PROVISIONS
Article 93
Declaration of State of
1. (a) The Council of
Ministers of the Federal Government shall have the power to decree a state
of emergency, should an external invasion, 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, a natural disaster, or
an epidemic occur.
(b) Sate executives can
decree a State-Wide state of emergency should a natural disaster or an
epidemic occur. Particulars shall be determined in State Constitutions to
be promulgated in conformity with this Constitution.
2. A state of emergency
declared in accordance with sub-Article 1(a) of this Article:
(a) If declared when the
House of Peoples’ Representatives is in session, the decree shall be
submitted to the House within forty-eight hours of its declaration. The
decree, if not approved by a two-thirds majority vote of members of the
House of Peoples' Representatives, shall be repealed forthwith.
(b) Subject to the required
vote of approval set out in (a) of this sub-Article, the decree declaring
a state of emergency when the House of Peoples’ Representatives is not in
session shall be submitted to it within fifteen days of its adoption.
3. A state of emergency
decreed by the Council of Ministers, if approved by the House of Peoples’
Representatives, can remain in effect up to six months. The House of
Peoples’ Representatives may, by a two-thirds majority vote, allow the
state of emergency proclamation to be renewed every four months
successively.
4. (a) When a state of
emergency is declared, the Council of Ministers shall, in accordance with
regulations it issues, have all necessary power to protect the country’s
peace and sovereignty, and to maintain public security, law and order.
(b) The Council of
Ministers shall have the power to suspend such political and democratic
rights contained in this Constitution to the extent necessary to avert the
conditions that required the declaration of a state of emergency.
(c) In the exercise of its
emergency powers the Council of Ministers can not, however, suspend or
limit the rights provided for in Articles 1, 18, 25, and sub-Articles 1
and 2 of Article 39 of this Constitution.
5. The House of Peoples’
Representatives, while declaring a state of emergency, shall
simultaneously establish a State of
6. The State of Emergency
Inquiry Board shall have the following powers and responsibilities:
(a) To make public within
one month the names of all individuals arrested on account of the state of
emergency together with the reasons for their arrest.
(b) To inspect and follow
up that no measure taken during the state of emergency is inhumane.
(c) To recommend to the
Prime Minister or to the Council of Ministers corrective measures if it
finds and case of inhumane treatment.
(d) To ensure the
prosecution of perpetrators of inhumane acts.
(e) To submit its views to
the House of Peoples’ Representatives on a request to extend the duration
of the state of emergency.
Article 94
Financial Expenditures
1. The Federal Government
and the States shall respectively bear all financial expenditures
necessary to carry out all responsibilities and functions assigned to them
by law. Unless otherwise agreed upon, the financial expenditures required
for the carrying out of any delegated function by a State shall be borne
by the delegating party.
2. The Federal Government
may grant to States emergency, rehabilitation and development assistance
and loans, due care being taken that such assistance and loans do not
hinder the proportionate development of States. The Federal Government
shall have the power to audit and inspect the proportionate development of
States.
Article 95
Revenue
The Federal Government and
the States shall share revenue taking the federal arrangement into
account.
Article 96
Federal Power of Taxation
1. The Federal Government
shall levy and collect custom duties, taxes and other charges on imports
and exports.
2. It shall levy and
collect income tax on employees of the Federal Government and
international organizations.
3. It shall levy and
collect income, profit, sales and excise taxes on enterprises owned by the
Federal Government.
4. It shall tax the income
and winnings of national lotteries and other games of chance.
5. It shall levy and
collect taxes on the income of air, rail and sea transport services.
6. It shall levy and
collect taxes on income of houses and properties owned by the Federal
Government; it shall fix rents.
7. It shall determine and
collect fees and charges relating to licenses issued and services rendered
by organs of the Federal Government.
8. It shall levy and
collect taxes on monopolies.
9. It shall levy and
collect Federal stamp duties.
Article 97
State Power of Taxation
1. States shall levy and
collect income taxes on employees of the State and of private enterprises.
2. States shall determine
and collect fees for land usufractuary rights.
3. States shall levy and
collect taxes on the incomes of private farmers and farmers incorporated
in cooperative associations.
4. States shall levy and
collect profit and sales taxes on individual traders carrying out a
business within their territory.
5. States shall levy and
collect taxes on income from transport services rendered on waters within
their territory.
6. They shall levy and
collect taxes on income derived from private houses and other properties
within the State. They shall collect rent on houses and other properties
they own.
7. States shall levy and
collect profit, sales, excise and personal income taxes on income of
enterprises owned by the States.
8. Consistent with the
provisions sub-Article 3 of Article 98, States shall levy and collect
taxes on income derived from mining operations, and royalties and land
rentals on such operations.
9. They shall determine and
collect fees and charges relating to licenses issued and services rendered
by State organs.
10. They shall fix and
collect royalty for use of forest resources.
Article 98
Concurrent Power of
Taxation
1. The Federal Government
and the States shall jointly levy and collect profit, sales, excise and
personal income taxes on enterprises they jointly establish.
2. They shall jointly levy
and collect taxes on the profits of companies and on dividends due to
shareholders.
3. They shall jointly levy
and collect taxes on incomes derived from large-scale mining and all
petroleum and gas operations, and royalties on such operations.
Article 99
Undesignated Powers of
Taxation
The House of the Federation
and the House of Peoples’ Representatives shall, in a joint session,
determine by a two-thirds majority vote on the exercise of powers of
taxation which have not been specifically provided for in the
Constitution.
Article 100
Directives on Taxation
1. In exercising their
taxing powers, Sates and the Federal Government shall ensure that any tax
is related to the source of revenue taxed and that it is determined
following proper considerations.
2. They shall ensure that
the tax does not adversely affect their relationship and that the rate and
amount of taxes shall be commensurate with services the taxes help
deliver.
3. Neither States nor the
Federal Government shall levy and collect taxes on each other’s property
unless it is a profit-making enterprise.
Article 101
The Auditor General
1. The Auditor General
shall, upon recommendations of the Prime Minister, be appointed by the
House of Peoples’ Representatives.
2. The Auditor General
shall audit and inspect the accounts of ministries and other agencies of
the Federal Government to ensure that expenditures are properly made for
activities carried out during the fiscal year and in accordance with the
approved allocations, and submit his reports thereon to the House of
Peoples’ Representatives.
3. The Auditor General
shall draw up and submit for approval to the House of Peoples’
Representatives his office’s annual budget.
4. The details of functions
of the Auditor General shall be determined by law.
Article 102
Election Board
1. There shall be
established a National Election Board independent of any influence, to
conduct in an impartial manner free and fair election in Federal and State
constituencies.
2. Members of the Board
shall be appointed by the House of Peoples’ Representatives upon
recommendation of the Prime Minister. Particulars shall be determined by
law.
Article 103
Population Census
Commission
1. There shall be
established a National Census Commission that shall conduct a population
census periodically.
2. Members of the National
Census Commission shall be appointed by the House of Peoples’
Representatives upon recommendation of the Prime Minister.
3. The Commission shall
have a Secretary General and necessary professional and support staff.
4. The annual budget of the
Commission shall be submitted for approval to the House of Peoples’
Representatives.
5. A national population’s
census shall be conducted every ten years. The House of the Federation
shall determine the boundaries of constituencies on the basis of the
census results and a proposal submitted to the House by the National
Election Board.
6. The Commission shall be
accountable to the House of Peoples’ Representatives. It shall submit to
the House periodic reports on the conduct of its programs and activities.
Article 104
Initiation of Amendments
Any proposal for
constitutional amendment, if supported by two-thirds majority vote in the
House of Peoples’ Representatives, or by a two-thirds majority vote in the
House of the Federation or when one-third of the State Councils of the
member States of the Federation, by a majority vote in each Council have
supported it, shall be submitted for discussion and decision to the
general public and to those whom the amendment of the Constitution
concerns.
Article 105
Amendment of the
Constitution
1. All rights and freedoms
specified in Chapter Three of this Constitution, this very Article, and
Article 104 can be amended only in the following manner:
(a) When all State
Councils, by a majority vote, approve the proposed amendment;
(b) When the House of
Peoples’ Representatives, by a two- thirds majority vote, approves the
proposed amendment; and
(c) When the House of the
Federation, by a two-thirds majority vote, approves the proposed
amendment.
2. All provisions of this
Constitution other than those specified in sub-Article 1 of this Article
can be amended only in the following manner:
(a) When the House of
Peoples’ Representatives and the House of the Federation, in a joint
session, approve a proposed amendment by a two-thirds majority vote; and
(b) When two-thirds of the
Councils of the member States of the Federation approve the proposed
amendment by majority votes.
Article 106
The Version with Final
Legal Authority
The Amharic version of this
Constitution shall have final legal authority.
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