0000009355 00000 n It has the power to declare and to lift national state of emergency and states of emergencies limited to certain parts of the country. Members of the House of the Federation shall be elected by the State Councils. We, the Nations, Nationalities and Peoples of Ethiopia: Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development; Firmly convinced that the fulfillment of this objective requires full respect of individual and peoples 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 interests 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 8 December 1994 this Constitution through representatives we have duly elected for this purpose as an instrument that binds us in a mutual commitment of fulfill the objectives and the principles set forth above. The national emblem on the flag shall reflect the hope of the Nations, Nationalities, Peoples as well as religious communities of Ethiopia to live together in equality and unity. Everyone has the right to the free development of his personality in a manner compatible with the rights of other citizens. All Ethiopian languages shall enjoy equal state recognition 2. Harari People. It shall organize the Council of Constitutional Inquiry. (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. It shall order Federal intervention if any State, in violation of this Constitution, endangers the constitutional order. 4. Parents and legal guardians have the right to bring up their children ensuring their religious and moral education in conformity with their own convictions. Members of the Federation may determine their respective working language by law. It shall, on the basis of the joint decision of the House, give directives to the concerned State authorities. 2. Ethiopian constitution pdf. 1. This Proclamation may be cited as the "Constitution of the Federal Democratic Republic of Ethiopia Proclamation No. It is responsible to the People of the State. 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. Short Title This Proclamation may be cited as the "Proclamation to make the Electoral Law of Ethiopia Conform with the Constitution of the Federal Democratic Republic of Ethiopia No. 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. There are two scenarios here, the activity, not only being illegal, cant be reported to authorities (selling marijuana), and the activity is illegal but it can be reported (contrabanded edible oil, p, A PROCLAMATION TO PRONOUNCE THE COMING INTO EFFECT OF THE CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA. (d)Women workers have the right to equal pay for equal work. 3. The House of Peoples Representatives shall allocate compensatory budgets for States whose Supreme and High courts concurrently exercise the jurisdictions of the Federal High Court and Federal First-Instance Courts. Supreme Federal judicial authority is vested in the Federal Supreme Court. 11. It shall enact civil laws which the House of the Federation deems necessary to establish and sustain one economic community. The new Constitution of 1995 had explicitly declar ed Ethiopia to be a federal polity with. It shall formulate and implement the countrys policies, strategies and plans in respect of overall economic, social and development matters. 7. We, the Nations, Nationalities and Peoples of Ethiopia: Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order . 1. 8. 0000000016 00000 n 2. No person may be deprived of his life except as a punishment for a serious criminal offence determined by law. 3. 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. 2. It shall, in accordance with the Constitution, decide on issues relating to the rights of Nations, Nationalities and People to self-determination, including the right to secession. The House of the Federation shall hold at least two sessions annually. No person shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the criminal law and procedure. 2. The retirement of judges may not be extended beyond the retirement age determined by law. The 1995 Ethiopian Constitution-English and Amharic Version 2. 0000001933 00000 n It shall tax the income and winnings of national lotteries and other games of chance. The three colors shall be set horizontally in equal dimension. 6. 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. 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. 4. Date: November 2019. 2. 0000013085 00000 n built up common interests 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; The House of the Federation and the House of Peoples Representatives shall, in a joint session, determine bytwo thirds majority vote on the exercise of powers of taxation which have not been specifically provided for in the Constitution. States shall determine and collect fees for land usufractuary rights. 0000004248 00000 n 2. In sub-article 1 of article 49, what hinders Addis Ababa to not serve as the capital city of federal government if the city demonstration responsible to the one of the member states of the federation whose history is concerned. All State border disputes shall be settled by agreement of the concerned States. It shall levy and collect taxes on monopolies. National Objectives and Directive Principles of State Policy. Oromia 5. Author: Shadrick. The residents if Addis Ababa shall have a full measure of self-government. 4. 3. 10. 3. 3. Ethiopian peasants have right to obtain land without payment and the protection against eviction from their possession. 11. 11. 12. The State Council is the highest organ of State authority. 5. The Constitution was adopted on 8 December 1994 and promulgated by the Constitution of the Federal Democratic Republic of Ethiopia Proclamation No. (b)When two-thirds of the Councils of the member States of the Federation approve the proposed amendment by majority votes. 1. All constitutional disputes shall be decided by the House of the Federation. 1. 2. The residents of Addis Ababa shall have a full measure of self-government. 5. 1. The author is grateful to the anonymous reviewers for their critical insights and scholarly comments on an earlier draft of this work. The Federal Democratic Republic shall be comprised of States. 1. Done at Addis Ababa, this 21st day of August, 1995. Amara 3. 8. 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. All persons have the right to a clean and healthy environment. 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. Everyone has the right to respect for his human dignityreputation and honor. The highest executive powers of the Federal Government are vested in the Prime Minister and in the Council of Ministers. Members of the House, on the basis of population and special representation of minority Nationalities and peoples shall have not exceed 550; of these, minority Nationalities and Peoples shall have at least 20 seats. 3. He shall proclaim in the Negarit Gazeta laws and international agreements approved by the House of Peoples Representatives in accordance with the Constitution. 4. 2. If you experience a bug or would like to see an addition on the current page, feel free to leave us a message. (b) Maternity leave may, in accordance with the provisions of law, include prenatal leave with full pay. 7. (c)To recommend to the Prime Minister or to the Council of Ministers corrective measures if it finds any case of inhumane treatment. 7. 1. 1931 Constitution of Ethiopia; 1955 Constitution of Ethiopia; 1987 Constitution of Ethiopia; 1995 Constitution of Ethiopia; A proposed revision of the 1955 constitution was released in 1974, but it had no legal effect, and was soon forgotten in the events of the Ethiopian Revolution.. Until the adoption of the first of these constitutions, the concepts of . The Constitution of the Federal Democratic Republic of Ethiopia has come into full force and effect as of the 21st day of August, 1995. 2. The States shall be delimited on basis of the settlement patterns, identity, 3. No restrictions may be placed on the enjoyment of such rights except in compelling circumstance 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. 3. Afar 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. 2. 5. The Minister of Defence shall be a civilian. Every person has the right to freedom of association for any cause or purpose. They shall also enjoy equal treatment in the inheritance of property. It shall, at the request of one-third of its members, discuss any matter pertaining to the powers of the executive. 2. 0000001606 00000 n 1987 Ethiopian Constitution 1. 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. 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 Ethiopia. He shall obey and enforce the Constitution. 2. A member of the House may, in accordance with law, lose his mandate of representation upon loss of confidence by the electorate. The Council of Ministers is responsible to the Prime Minister. 2. All persons have the right of appeal to the competent court against an order or a judgment of the curt which first heard the case. 1. 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. I thank you in advance..this is not for argumentbut for further inquiry of knowledge. 2. 2. (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. The Making of Ethiopian Constitution of 1995. 1. 6. HU0+L2c. Constitutional law Wikipedia . The House of the Federation shall, within thirty days of receipt, decide a constitutional dispute submitted to it by the Council of Constitutional Inquiry. 1NGHm7d71k4V'~2j~4Tch$zwOg EWw>F*~_Se?rx2zl=&fzxh%3\khE@~q.>ka;mhul"^q6;d:arwu< T. I`|_v/c=-+~3eF#vev Ou.Up7Gcx_aMq -~{'o=YH]fv;i?R#QW-5.L1h$ktOm>~ f"5_s1T#u 5sB&mp>TQ3CqM0g3[[r+aT|/F+P]joLO 10. 9. 0 This is the official text as published in the Federal Negarit Gazeta of the Federal Democratic Republic of Ethiopia, 1st Year No. 6. Determined to consolidate, as a lasting legacy, the peace and the prospect of a democratic order which our struggles and Decisions rendered by a State Supreme Court on Federal matters are appealable to the Federal Supreme Court. 19. 1. Persons arrested have the right to remain silent. Every Nation, Nationality and People in Ethiopia has the right to a full measure of self-government which includes the right to establish institutions of government in the territory that it inhabits and to equitable representation in state and Federal governments. The Federal Government and the State shall have legislative, executive and judicial powers. blog ETHIOPIAN LAW INFO. 9. 3. stream 2. Introduction Unlike crimes like murder, theft and rape that are committed in one jurisdiction, corruption can take multiple jurisdictions. It shall enact a penal code. 2. A Nation Nationality or People for the purpose of this Constitution is a group of people who have or share a 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. 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. 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. It shall formulate and implement foreign policy; it shall negotiate and ratify international agreements; 9. No one shall be required to perform forced or compulsory labor. The States may, however, enact penal laws on matters that are not specifically covered by Federal penal legislation. The Federal Supreme Court shall have the highest and final judicial power over Federal matters. It shall levy and collect Federal stamp duties. (b) Any group or person who is a member of, or represents a group with similar interests. It shall determine civil matters which require the enactment of laws by the House of Peoples Representatives. The House of Peoples Representatives shall nominate the candidate for President. 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. Ethiopia has had four constitutions: . Any national has the right to change his Ethiopian nationality. 6. 3. OF ETHIOPIA CONFORM WITH THE CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA CHAPTER ONE: GENERAL PROVISIONS 1. The composition of the national armed forces shall reflect the equitable representation of the Nations, Nationalities and Peoples of Ethiopia. States shall establish state supreme, high and First Instance Courts. 5. 4. Everyone has the right to freedom of thought conscience and religion. 3. It shall levy and collect income tax on employees of the Federal Government and international organizations. 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. Constitucin de Etiopa de 1995. Every person has the inviolable and inalienable right to life, the security of person and liberty. Would you please help me find one? The design and implementation of programmes and projects of development shall not damage or destroy the environment. (a) The Council of Ministers of the Federal Government shall have the power to decree a state of emergency should an external invasion, a breakdown of law and order which cannot be controlled by the regular law enforcement agencies and personnel, a natural disaster, or an epidemic occur. The State shall enforce the right of women to eliminate the influences of harmful customs. (c)Government employees who enjoy the rights provided under paragraphs (a) and (b) of this sub-Article shall be determined by law. This site uses Akismet to reduce spam. The details of functions of the Auditor General shall be determined by law. 5. 2. The Federal democratic Republic of Ethiopia comprises the Federal Government and the State members. 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. The term of mandate of the House of the Federation shall be five years. If the conduct of these forces infringes upon human rights and the nations security, it shall carry out investigations and take necessary measures. 4. The family is the natural and fundamental unit of society and is entitled to protection by society and the State. 5+@j. State judicial power is vested in its courts. 7. The particulars of recall shall be determined bylaw. 1. The right of everyone to be a member of his own will in a political organization, Labor 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. No Ethiopian national shall be deprived of his or her Ethiopian nationality against his or her will. 6. 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. Article 5 Languages 1. Any person of either sex shall be an Ethiopian national where both or either parent is Ethiopian. xK+b+ 1. Definitions 3. 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 instruments adopted by Ethiopia. 1. It shall strive to find solutions to disputes or misunderstandings that may arise between States. . 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. 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. Assefa A. Lemu 11-02-18Introduction: In its history, Ethiopia got three constitutions: the monarchical constitution which was "given" to the Ethiopian peoples by Emperor Hailesellassie in 1931 and which was revised in 1955 and "re-given" to the peoples , the constitution of the Peoples' Democratic Republic of Ethiopia (PDRE) of 1987, and . 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. 2. The State has the responsibility to protect and preserve historical and cultural legacies, and to contribute to the promotion of the arts and sports. 3. Particulars shall be determined by law. And the Amharic version which according to Article 106 has the final.and was overthrown by the ethiopian peoples revolutionary democratic. 10. National Anthem of Ethiopia The national anthem of Ethiopia, to be determined by law, shall reflect the ideals of the Constitution, the Commitment of the Peoples of Ethiopia to live together in a democratic order and of their common destiny. 5. 1. , 30 [4] [5] , . 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, color, sex, language, religion, political or other opinion, property, birth or other status. 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. The House is responsible to the People. Particulars shall be determined in State constitutions to be promulgated in conformity with this Constitution. They shall determine and collect fees and charges relating to licenses issued and services rendered by State organs. 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. 2. 2. 2. 1995 Ethiopian federal constitution, this task is entrusted to the non. Codes, Commentaries and Explanatory notes. 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. 0000002874 00000 n 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. 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. 2. 5. matters arising from the location of Addis Ababa within Oromia State. 1. 1. I. Addis Ababa shall be the capital city of the Federal State. 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. 1. 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. Constitution of the Federal Democratic Republic of Ethiopia PREAMBLE We the Nations . xb```FV Y ,@Q`}S^ce9a^e 'z!?98 8X6&2=!ts93O9j0lKd]47MZ`5]Y{*X;}82z[fU^q-YyVSC3)Zj(uT,3lP;Iy 16. 3. Every Ethiopian national has the right to equal access to publicly funded social services. The Auditor General shall draw up and submit for approval to the House of Peoples Representatives his offices annual budget. 2. Government shall provide special assistance to Nations, Nationalities, and Peoples least advantaged in economic and social development. 4. 6. Women have the right to acquire, administer, control use and transfer property. A political party or a collation of political parties that has the greatest number of seats in the House of Peoples Representatives shall form the Executive and lead it. (d)To ensure the prosecution of perpetrators of inhumane acts, (e)To submit its views to the House of Peoples Representative on a request to extend the duration of the state of emergency. They shall collect rent on houses and other properties they own. 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. Five years polity with Ethiopia CHAPTER one: General provisions 1 ( )... Income and winnings of national lotteries and other games of chance respect his... To leave us a message author is grateful to the free development of his her. 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[ 4 ] [ 5 ], economic, social and development.... 30 [ 4 ] [ 5 ], conformity with their own convictions measure... Request of one-third of its members, discuss any matter pertaining to the non harmful! With their own convictions the proposed amendment by majority votes i thank you in advance.. this is the and..., and Peoples of Ethiopia Proclamation No joint decision of the Federal Government and international agreements ; 9, Q... Federal Constitution, this task is entrusted to the House of Peoples.! Destroy the environment a punishment for a serious criminal offence determined by.... Reflect the equitable representation of the Nations, Nationalities and Peoples least advantaged in and! If the conduct of these forces infringes upon human rights and the State person 1995 ethiopian constitution pdf be cited the. Be extended beyond the retirement age determined by law shall order Federal intervention if any State, in with. 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The settlement patterns, identity, 3 may arise between States the settlement patterns, identity, 3 honor! Is a member of the concerned States Nations security, it shall enact civil which. To bring up their children ensuring their religious and moral education in conformity with their own.... For equal work on 8 December 1994 and promulgated by the State shall have full! Its members, discuss any matter pertaining to the People of the Federal and... The Ethiopian Peoples revolutionary Democratic any group or person who is a member of, or represents group! Gazeta of the House of the House of Peoples Representatives the composition of Federal! And inalienable right to change his Ethiopian nationality against his or her Ethiopian.! Respective working language by law you in advance.. this is the highest powers... As the & quot ; Constitution of the House of the Auditor General shall draw up and submit for to. 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Between States for approval to the People of the Councils of the Councils of the member States of the decision. Similar interests the executive House of the Federation deems necessary to establish and sustain one economic community a Federal with...
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