Eleanor Finch
The Ethiopian Constitution establishes a federal and democratic state structure, with sovereignty expressed through the people's representatives and direct democratic participation. It provides for a federal government of nine ethnically based regions, governed by a parliament divided into two houses. The constitution sets out a series of rights and freedoms, including freedom of movement, the right to change citizenship, and the right to form associations. It also emphasises the equality of Ethiopia's various nations, nationalities, peoples, and religions, and their aspirations to live in unity. The constitution outlines the country's flag, emblem, and national anthem, which all symbolise these principles.
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What You'll Learn
Democratic rights and state structure
The Ethiopian Constitution establishes a federal and democratic state structure, with sovereignty expressed through the people's representatives, elected by them in accordance with the Constitution, and through their direct democratic participation. The Constitution provides for a federal government of nine ethnically based regions, governed by a parliament divided into the House of Peoples' Representatives and the House of Federation.
The Ethiopian State is officially named the Federal Democratic Republic of Ethiopia, and its territory comprises the borders of the member states of the Federation, as determined by international agreements. The Constitution also provides for a parliamentary system, with a mostly ceremonial president as head of state, and executive power vested in a Council of Ministers, headed by a prime minister.
The Constitution guarantees democratic rights, including the freedom of movement and residence within Ethiopia, and the right to travel abroad and return. It also ensures the right to form associations for any purpose, except for those formed with the objective of overthrowing the constitutional order. Ethiopians have the right to change their citizenship, and marriage to a foreign citizen will not result in the loss of Ethiopian citizenship.
The Constitution also emphasises the equality of all Ethiopian languages, with official recognition, and Amharic as the working language of the Federal Government. It also outlines the state's responsibility to promote equality, unity, and fraternity among all Ethiopians, and to facilitate the conditions for self-administration at all levels based on democratic principles.
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Equality, unity and fraternity
The Ethiopian Constitution of 1994 was created as a backlash against the Derg's ethnic violence and aimed to protect the rights of Ethiopia's multitude of ethnic groups. The 1995 Constitution of Ethiopia establishes a federal and democratic state structure, with a federal government of nine ethnically based regions.
The Ethiopian Constitution promotes equality, unity, and fraternity among its citizens. It states that the defence force shall abide by the Constitution and perform its duties without partisanship. The Constitution also guarantees freedom of movement and residence within Ethiopia and the right to travel abroad and return. It ensures equal opportunity for all Ethiopians to improve their economic conditions and promotes a just distribution of wealth.
The national emblem on the Ethiopian flag reflects the equality of the nations, nationalities, peoples, and religions in the country and their aspiration to live in unity. The Constitution also provides for a set of basic human rights, interpreted according to the Universal Declaration of Human Rights and other international instruments.
Ethiopia has a history of highly personal and strongly centralized government, and the Constitution seeks to address this by emphasizing the sovereignty of the nations and nationalities within Ethiopia. It provides for self-administration at all levels based on democratic principles and promotes the right to self-determination. The Constitution also establishes the responsibility of the State to make all Ethiopians beneficiaries of the country's accumulated knowledge and wealth.
The Ethiopian Constitution, with its emphasis on equality, unity, and fraternity, seeks to create a more inclusive and just society, protecting the rights and well-being of all its citizens, regardless of ethnicity, nationality, or religion.
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Self-determination and secession
The Ethiopian Constitution establishes a federal and democratic state structure, with the country's official name being the Federal Democratic Republic of Ethiopia. The Constitution provides for self-determination and secession, with the Council given the power to decide on questions related to the right of self-determination up to the secession of nations, nationalities, and peoples. This is outlined in Article 39(4) of the Federal Constitution, which allows secession as a last resort if all preconditions are met.
The Constitution also grants the city of Addis Ababa complete powers of self-administration, with accountability to the Federal Government. The state of Oromia is also given protection in the Constitution regarding its interests in the supply of services, utilization of resources, and administrative matters due to Addis Ababa's presence within its borders.
Ethiopia's Constitution is unique in its recognition of internal secession as a constitutional right, as outlined in Article 47(2). This article provides ethnic groups without their own states with the right to establish their own at any time. This is a significant departure from other constitutions, which often leave the creation of new subnational units to political mobilization and reluctant national governments.
The Constitution's recognition of self-determination and internal secession, however, has been a source of tension. The Sidama, one of the largest ethnic groups in Ethiopia, has threatened the federal government with a unilateral declaration of secession, seeking to form their own state within the Ethiopian federation. While the Constitution outlines a procedure for internal secession, it does not explicitly address the consequences of a government refusing to entertain a request to secede. This has led to debates about the constitutionality of unilateral declarations of statehood.
In conclusion, the Ethiopian Constitution's provisions for self-determination and secession, including internal secession, are notable features of the country's federal and democratic state structure. While these rights are intended to promote equality and unity among Ethiopia's diverse nations, nationalities, and peoples, they have also presented challenges and debates regarding their implementation and potential conflicts with other constitutional principles.
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Language and official symbols
The Ethiopian Constitution recognises the equality of all Ethiopian languages, with Amharic as the working language of the Federal Government.
The Ethiopian flag is a tricolour of horizontal bands of equal size, with green at the top, yellow in the middle, and red at the bottom. The national emblem or coat of arms is a blue circle with a five-pointed star. The emblem reflects the hope of the nations, nationalities, and peoples of Ethiopia, as well as its religious communities, to live together in unity and equality. Each member state of the Federation may have its own flag and emblem, to be determined by their respective parliaments.
The national anthem of Ethiopia is to be determined by law, reflecting the objectives of the Constitution, the Ethiopian people's resolve to live in unity within a democratic system, and their common future.
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Citizenship and freedom of movement
The Ethiopian Constitution, adopted in 1994, outlines the basic rights and freedoms of citizens, including those related to citizenship and freedom of movement.
Citizenship
According to the Ethiopian Constitution, any person with one or both parents of Ethiopian citizenship is considered an Ethiopian citizen. This provision applies to both sexes, as the constitution specifies that provisions enacted in the masculine gender shall also include the feminine gender.
Freedom of Movement
The Ethiopian Constitution guarantees the right to freedom of movement within the country. This includes the freedom to reside and move freely throughout the territory of Ethiopia, which comprises the territories of the member states of the Federation as determined by international agreements.
Additionally, the Constitution provides for the right to own and transfer property. Every Ethiopian citizen has the right to own private property, including the right to acquire, use, and dispose of such property by sale or bequest, as long as it does not infringe upon the rights of other citizens.
The Constitution also establishes an ethnic federal system, recognising "nations, nationalities, and peoples" within Ethiopia. These groups are granted certain rights, such as the right to self-determination and the right to secede. The Constitution aims to promote the equal development of customs and cultures of these groups while ensuring they are consistent with fundamental rights, human dignity, democracy, and the Constitution itself.
Overall, the Ethiopian Constitution seeks to protect the rights and freedoms of its citizens, including their right to citizenship and freedom of movement, within the framework of a federal and democratic state.
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