The current Constitution of Ethiopia, which is the supreme law of the Federal Democratic Republic of Ethiopia, came into force on 21 August 1995. The constitution consists of 106 articles in 11 chapters and is available in both English and Amharic.
The constitution was drawn up by the Constituent Assembly that was elected in June 1994. It was adopted by the Transitional Government of Ethiopia in December 1994 and came into force following the general election held in May-June 1995.
It provides for a federal government of nine ethnically based regions governed by a parliament divided into the House of Peoples' Representatives and the House of Federation. It provides for a parliamentary system, with a mostly ceremonial President as head of state, and executive power vested in a Council of Ministers headed by a Prime Minister.
The Flag of Ethiopia
Key Features of the Constitution
The Constitution of Ethiopia establishes a Federal and Democratic State structure as stated in Article 1.
Article 3 outlines that 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.
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Article 9 emphasizes the Supremacy of the Constitution, stating that it is the supreme law of the land.
Article 25 states that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
The document further guarantees that all Ethiopian languages will enjoy equal state recognition, although Amharic is specified as the working language of the federal government.
Article 34 outlines Marital, Personal and Family Rights, stating that 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.
Article 40 addresses the Right to Property, stating that every Ethiopian citizen has the right to the ownership of private property.
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Article 48 discusses State Border Changes, stating that all State border disputes shall be settled by agreement of the concerned States.
The Regions of Ethiopia
Fundamental Rights and Freedoms
The constitution expressly provides for a set of basic human rights; Article 13 specifies that these rights and freedoms will be interpreted according to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and other international instruments adopted by Ethiopia.
- Article 15: Every person has the right to life.
- Article 26: Everyone has the right to privacy.
- Article 27: Everyone has the right to freedom of thought, conscience and religion.
- Article 28: Criminal liability of persons who commit crimes against humanity shall not be barred by statute of limitation.
- Article 29: Everyone has the right to freedom of expression without any interference.
- Article 30: Everyone has the right to assemble and to demonstrate together with others peaceably and unarmed, and to petition.
- Article 31: Every person has the right to freedom of association for any cause or purpose.
- Article 33: No Ethiopian national shall be deprived of his or her Ethiopian nationality against his or her will.
Structure of Governance
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.
Federal and State powers are defined by this Constitution. The States shall respect the powers of the Federal Government.
Members of the House shall be elected from candidates in each electoral district by a plurality of the votes cast.
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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.
State government shall be established at State and other administrative levels that they find necessary.
State Supreme Courts shall have the highest and final judicial power over State matters.
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.
States shall establish State Supreme, High and First-Instance Courts.
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.
Budgets of State courts shall be determined by the respective State Council.
The Council of Constitutional Inquiry shall have powers to investigate constitutional disputes.
Government shall respect the identity of Nations, Nationalities and Peoples.
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.
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 Constitution of Ethiopia Salient Features amendments Procedure
Constitution of Ethiopia
Historical Context and Implementation
Ethiopia has a tradition of highly personal and strongly centralized government, a pattern the Ethiopian People's Revolutionary Democratic Front (the coalition presently in government) has followed despite constitutional limits on federal power.
The first general election held after the adoption of the Constitution was the 2000 election.
Important Points
- Article 20: Accused persons have the right to a public trial by an ordinary court of law within a reasonable time after having been charged.
- Article 22: 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.
- Article 42: 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.
- Article 57: 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.
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