زیر مجموعه ها
قانون اساسی اتیوپی (انگلیسی)
اطلاعات بیشتر قانون | |||
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تصویب شده | قانون اساسی کشور ها | ||
تاریخ تصویب | 1357/11/22 | ||
شناسه | E9F95735-0A2E-4E46-BD00-0220EEC73B2D | ||
وضعیت | منسوخ نشده |
Ethiopia - Constitution
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{ Long Title: Constitution of The Federal Democratic Republic of Ethiopia }
{ Adopted: 8 Dec 1994 }
{ ICL Document Status: Sep 2000 }
{ Editor''s Note:
The raw text of the constitution was kindly provided by Wolbert Smidt in June
2000. The official language is amharabic; the raw text of the ICL edition is
drawn from the publication by the Ethiopian Parliament used for official
purposes. There have been no amendments up to the status date above. }
Preamble
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 objectttive 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
createee 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 to fulfill the objectttives and the principles
set forth above.
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 Ethiopia shall comprise the territory of the
members of the Federation and its boundaries shall be as determined by
international agreements.
Article 3 The Ethiopian Flag
(1) 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.
(2) 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.
(3) 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 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.
Article 5 Languages
(1) All Ethiopian languages shall enjoy equal state recognition.
(2) Amharic shall be the working language of the Federal overnment.
(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 Ethiopia are an integral part of
the law of the land.
Article 10 Human and Democratic Rights
(1) Human rights and freedoms٫ emanating from the nature of ankind٫ 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
[Part Zero Scope of Application and Interpretation]
Article 13 Scope of Application and Interpretation
(1) All Federal and State legislative٫ execccutive and judicial organs at all
levels shall have the responsibility and duty to respect and enforce the
provisions of this Chapter.
(2) 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 Ethiopia.
Part One Human Rights
Article 14 Rights to life٫ the Security of Person and Liberty
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 Liberty
(1) 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.
(2) No person may be subjected to arbitrary arrest٫ and no person may be
detained without a charrrge or conviction against him.
Article 18 Prohibition against Inhuman Treatment
(1) Everyone has the right to protection against cruel٫ inhuman or degrading
treatment or punishment.
(2) No one shall be held in slavery or servitude. Trafficking in human beings
for whatever purpose is prohibited.
(3) No one shall be required to perform forced or compulsory labour.
(4) 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 objectttors٫ 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
(1) Persons arrested have the right to be informed promptly٫ in a language they
understand٫ of the reasons for their arrest and of any charrrge against them.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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
(1) Accused persons have the right to a public trial by an ordinary court of
law within a reasonable time after havinggg been charrrged. 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.
(2) Accused persons have the right to be informed with sufficient particulars
of the charrrge brought against them and to be given the charrrge in writing.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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
(1) All persons held in custody and persons imprisoned upon conviction and
sentencing have the right to treatments respecting their human dignity.
(2) 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
(1) 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.
(2) 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
(1) Everyone has the right to respect for his human dignity٫
reputation and honour.
(2) Everyone has the right to the free development of his personality in a
manner compatible with the rights of other citizens.
(3) 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
(1) 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.
(2) 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.
(3) 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
(1) 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.
(2) 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.
(3) No one shall be subject to coercion or other means which would restrict or
prevent his freedom to hold a belief of his choice.
(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.
(5) 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
(1) Criminal liability of persons who commit crimes against humanity٫ so
defined by international agreements ratified by Ethiopia and by other laws of
Ethiopia٫ such as genocide٫ summary execccutions٫ forcible disappearances or
torture shall not be barred by statute of limitation. Such offences may not be
commuted by amnesty or pardon of the legislature or any other state organ.
(2) 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
(1) 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.
(2) 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
(1) 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.
(2) Any Ethiopian national has the right to return to his country.
Article 33 Rights of Nationality
(1) 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.
(2) Every Ethiopian national has the right to the enjoyment of all rights٫
protection and benefits derived from Ethiopian nationality as prescribed by
law.
(3) Any national has the right to change his Ethiopian nationality.
(4) Ethiopian nationality may be conferred upon foreigners in accordance with
law enacted and procedures established consistent with international agreements
ratified by Ethiopia.
Article 34 Marital٫ Personal and Family Rights
(1) 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.
(2) Marriage shall be entered into only with the free and full consent of the
intending spouses.
(3) The family is the natural and fundamental unit of society and is entitled
to protection by society and the State.
(4) 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.
(5) 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
(1) Women shall ٫ in the enjoyment of rights and protections provided for by
this Constitution٫ have equal right with men.
(2) Women have equal rights with men in marriage as prescribed by this
Constitution.
(3) The historical legacy of inequality and discrimination suffered by women in
Ethiopia taken into account٫ women٫ in order to remedy this legacy٫ are
entitled to affirmative measures. The purpose of such measures shall be to
provide special attention to women so as to enable them to compete and
participate on the basis of equality with men in political٫ social and economic
life as well as in public and private institutions.
(4) 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.
(5) (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.
(6) Women have the right to full consultation in the formulation of national
development policies٫ the designing and execccution of projects٫ and
particularly in the case of projects affecting the interests of women.
(7) 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.
(8) Women shall have a right to equality in employment٫ promotion٫ pay٫ and the
transfer of pension entitlements.
(9) 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
(1) 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.
(2) 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.
(3) 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.
(4) Children born out of wedlock shall have the same rights as children born of
wedlock.
(5) 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
(1) 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.
(2) 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
(1) 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.
(2) The right of everyone to be a member of his own will in a political
organization٫ labour unionnn٫ trade organization٫ or employers'' or
professional association shall be respected if he or she meets the special and
general requirements stipulated by such organization.
(3) 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.
(4) 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
(1) Every Nation٫ Nationality and People in Ethiopia has an unconditional right
to self-determination٫ including the right to secession.
(2) Every Nation٫ Nationality and People in Ethiopia has the right to speak٫ to
write and to develop its own language; to express٫ to develop and to promote
its culture; and to preserve its history.
(3) 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.
(4) 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.
(5) 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
(1) 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.
(2) "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.
(3) 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.
Land is a common property of the Nations٫ Nationalities and Peoples of Ethiopia
and shall not be subject to sale or to other means of exchange.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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
(1) Every Ethiopian has the right to engage freely in economic activity and to
pursue a livelihood of his choice anywhere within the national territory.
(2) Every Ethiopian has the right to choose his or her means of livelihood٫
occupation and profession.
(3) Every Ethiopian national has the right to equal access to publicly funded
social services.
(4) The State has the obligation to allocate an ever increasing resources to
provide to the public health٫ education and other social services.
(5) 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.
(6) 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.
(7) The State shall undertake all measures necessary to increase opportunities
for citizens to find gainful employment.
(8) 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 objectttive shall guide the State in the
formulation of economic٫ social and development policies.
(9) 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
(1) (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 unionnns 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.
(2) 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.
(3) 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 unionnns and for the regulation of the
collective bargaining process.
Article 43 The Right to Development
(1) The Peoples of Ethiopia as a whole٫ and each Nation٫ Nationality and People
in Ethiopia in particular have the right to improved living standards and to
sustainable development.
(2) Nationals have the right to participate in national development and٫ in
particular٫ to be consulted with respect to policies and projects affecting
their community.
(3) All international agreements and relations concluded٫ established or
conducted by the State shall protect and ensure Ethiopia''s right to
sustainable development.
(4) 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
(1) All persons have the right to a clean and healthy environment.
(2) 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
Federal Democratic Republic of Ethiopia shall have a parliamentarian form of
government.
Article 46 States of the Federation
(1) The Federal Democratic Republic shall comprise of States.
(2) 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
(1) Member States of the Federal Democratic Republic of Ethiopia are the
Following:
1) The State of Tigray
2) The State of Afar
3) The State of Amhara
4) The State of Oromia
5) The State of Somalia
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
(2) 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.
(3) The right of any Nation٫ Nationality or People to form its own state is
exercisable under the following procedures:
a) 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;
b) 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;
c) When the demand for statehood is supported by a majority vote in the
referendum;
d) When the State Council will have transferred its powers to the Nation٫
Nationality or People that made the demand; and
e) When the new State createeed 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
(1) 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.
(2) 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 Capital City
(1) Addis Ababa shall be the capital city of the Federal State.
(2) The residents of Addis Ababa shall have a full measure of self-government.
Particulars shall be determined by law.
(3) The Administration of Addis Ababa shall be responsible to the Federal
Government.
(4) Residents of Addis Ababa shall in accordance with the provisions of this
Constitution٫ be represented in the House of Peoples'' Representatives.
(5) The special interest of the State of Oromia in Addis Ababa٫ regarding the
provision of social services or the utilization of
natural resources and other similar matters٫ as well as joint administrative
matters arising from the location of Addis Ababa within the State of Oromia٫
shall be respected. Particulars shall be determined by law.
Chapter Five The Structure and Division of Powers
Article 50 Structure of the Organs of State
(1) The Federal Democratic Republic of Ethiopia comprises the Federal
Government and the State members.
(2) The Federal Government and the States shall have legislative٫ execccutive
and judicial powers.
(3) 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.
(4) 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.
(5) 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.
(6) The State administration constitutes the highest organ of execccutive
power.
(7) State judicial power is vested in its courts.
(8) 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.
(9) 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
(1) It shall protect and defend the Constitution.
(2) It shall formulate and implement the country''s policies٫ strategies and
plans in respect of overall economic٫ social and development matters.
(3) 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.
(4) It shall formulate and execccute the country''s financial٫ monetary and
foreign investment policies and strategies.
(5) It shall enact laws for the utilization and conservation of land and other
natural resources٫ historical sites and objecttts.
(6) It shall establish and administer national defence and public security
forces as well as a federal police force.
(7) 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.
(8) It shall formulate and implement foreign policy; it shall negotiate and
ratify international agreements.
(9) 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.
(10) 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.
(11) 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.
(12) It shall regulate inter-State and foreign commerce.
(13) It shall administer and expand all federally funded institutions that
provide services to two or more States.
(14) 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.
(15) 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.
(16) It has the power to declare and to lift national state of emergency and
states of emergencies limited to certain parts of the country.
(17) It shall determine matters relating to nationality.
(18) It shall determine and administer all matters relating to immigration٫ the
granting of passports٫ entry into and exit from the country٫ refugees and
asylum.
(19) It shall patent inventions and protect copyrights.
(20) It shall establish uniform standards of measurement and calendar.
(21) It shall enact laws regulating the possession and bearing of arms.
Article 52 Powers and Functions of States
(1) All powers not given expressly to the Federal Government alone٫ or
concurrently to the Federal Government and the States are reserved to the
States.
(2) Consistent with sub-article 1 of this article٫ States shall have the
following powers and functions:
a) 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;
b) To enact and execccute the state constitution and other laws;
c) To formulate and execccute economic٫ social and development policies٫
strategies and plans of the State;
d) To administer land and other natural resources in accordance with Federal
laws;
e) To levy and collect taxes and duties on revenue sources reserved to the
States and to draw up and administer the State budget;
f) 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;
g) To establish and administer a state police force٫ and to maintain public
order and peace within the State;
Chapter Six The Federal Houses
[Part Zero 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
(1) 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.
(2) 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.
(3) 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.
(4) Members of the House are representatives of the Ethiopian People as a
whole. They are governed by:
a) The Constitution;
b) The will of the people; and
c) 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 execccutive.
(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 execccutive.
(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 selecttt 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 execccutive''s conduct and
discharrrge of its responsibilities.
(18) It shall٫ at the request of one-third of its members٫ discuss any matter
pertaining to the powers of the execccutive. 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
execccutive 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 execccutive 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
(1) The House of Peoples'' Representatives shall nominate the candidate for
President.
(2) 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.
(3) A member of either House shall vacate his seat if elected President.
(4) The term of office of the President shall be six years. No person shall be
elected President for more than two terms.
(5) 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
(1) 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.
(2) He shall proclaim in the Negarit Gazeta laws and international agreements
approved by the House of Peoples'' Representatives in accordance with the
Constitution.
(3) He shall٫ upon recommendation by the Prime Minister٫ appoint ambassadors
and other envoys to represent the country abroad.
(4) He shall receive the credentials of foreign ambassadors and special envoys.
(5) He shall award medals٫ prizes and gifts in accordance with conditions and
procedures established by law.
(6) He shall٫ upon recommendation by the Prime Minister and in accordance with
law٫ grant high military titles.
(7) He shall٫ in accordance with conditions and procedures established by law٫
grant pardon.
Chapter Eight The execccutive
Article 72 The Powers of the execccutive
(1) The Highest execccutive 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 execccutive٫ 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 selecttts 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 execccutive as well as on its plans and
proposals.
(12) He shall discharrrge 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 execccution 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 Independence of the Judiciary
(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 Federal First-Instance Court.
(5) Decisions rendered by a State High Court exercising the jurisdiction of the
Federal First-Instance Court are appealable to the State supreme Court.
(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 selecttted by
the Federal Judicial Administration Council.
(3) The State Council shall٫ upon recommendation by the Chief execccutive 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 execccution 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.
Chatper Ten National Policy Principles and objectttives
Article 85 objectttives
(1) Any organ of Government shall٫ in the implementation of the Constitution٫
other laws and public policies٫ be guided by the principles and objectttives
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 Ethiopia.
(4) To observe international agreements which ensure respect for Ethiopia''s
sovereignty and are not contrary to the interests
of its Peoples.
(5) To forge and promote ever growing economic unionnn and fraternal relations
of Peoples with Ethiopia''s neighbours and other African countries.
(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 objectttives
(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 objectttives
(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 objectttives
(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 objectttives
(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 objecttts.
(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 objectttives
(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 Emergency
(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 execccutives 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 Emergency Inquiry Board٫
comprising of seven persons to be chosen and assigned by the House from among
its members and from legal experts.
(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 charrrges 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 charrrges 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 charrrges 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 populations 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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© 1994 - 9. Jan. 2004 / Thanks to W.G.C. Smidt.
For correction please contact A. Tschentscher.