Jonah Patel
The FDRE Constitution, or the Constitution of the Federal Democratic Republic of Ethiopia, outlines the country's fundamental principles, which include a commitment to democracy, the rule of law, and respect for fundamental human rights. It also emphasises the importance of self-determination and the preservation of cultural and religious diversity. The constitution outlines the responsibilities of the state, including the promotion of equal development, the protection of natural resources and historical heritage, and the support of the arts, sciences, and technology. Additionally, it guarantees equal rights for women and the protection of the family as the fundamental unit of society.
| Characteristics | Values |
|---|---|
| Basis of society | The family is the natural and fundamental basis of society and is therefore entitled to protection from society and the state |
| Marriage | Religious and customary marriages may be determined by law |
| Dispute resolution | The Constitution does not preclude the right of parties to voluntarily submit their dispute for adjudication in accordance with religious or customary laws |
| Women's rights | Women have equal rights with men in the enjoyment of the rights and protections guaranteed by this Constitution to all Ethiopians |
| Affirmative action | Women have the right to benefit from affirmative action to correct historical discrimination |
| State responsibility | The State has the responsibility to promote the equal development of customs and cultures, provided they are not inconsistent with fundamental rights, human dignity, democracy, and the Constitution |
| Preservation | The State and all Ethiopian citizens have the duty to preserve natural resources and historical heritage |
| Promotion of arts and sciences | The State has the duty, within the limits of its resources, to promote the arts, science, and technology |
| Environmental protection | The State has the responsibility to strive to ensure a clean and healthy environment for all Ethiopians, and any economic development must not disrupt the ecological balance |
| Citizen participation | Citizens must be involved in the preparation and implementation of policies and programs concerning environmental protection |
| State of emergency | The Council of Ministers may suspend fundamental political and democratic rights guaranteed by the Constitution during a state of emergency |
| Rights restrictions | During a state of emergency, the Council of Ministers must not restrict the rights provided under Articles 1, 18, 25, and Sub-Articles (1) and (2) of Article 39 |
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What You'll Learn
Equality and freedom from discrimination
The FDRE Constitution, also known as the Ethiopian Constitution, outlines several fundamental principles regarding equality and freedom from discrimination.
Firstly, the constitution affirms the equality of women and men, guaranteeing women equal rights and protections in all aspects of life. It recognises the historical discrimination against women and entitles them to affirmative action to address this legacy of inequality. This includes the right to equal treatment in marriage and equal opportunities in political, economic, cultural, and social spheres, ensuring their participation in all developmental endeavours.
Secondly, the constitution emphasises the importance of living together without discrimination based on sex, religion, or culture. It asserts the inviolability and inalienability of human rights and freedoms, which should be respected by the state and citizens alike. The state is responsible for promoting the equal development of customs and cultures, provided they align with fundamental rights, human dignity, democracy, and the constitution itself.
Additionally, the Ethiopian Constitution guarantees equal protection and benefit of the law for all citizens. This includes the right to freedom of association for any cause or purpose. The constitution also acknowledges the family as the fundamental basis of society and grants it protection from the state and society.
In summary, the FDRE Constitution strongly upholds the principles of equality and freedom from discrimination by guaranteeing equal rights, opportunities, and protections for all citizens, regardless of gender, race, religion, or cultural background, while also recognising the need for affirmative action to address historical inequalities, particularly those faced by women.
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The rule of law
One of the fundamental principles of the Ethiopian Constitution is the rule of law. This principle is reflected in the constitution's provisions that demonstrate a commitment to upholding the rule of law and ensuring that all citizens are treated equally under it.
The constitution outlines the responsibilities of the state, which include promoting the equal development of customs and cultures, as long as they do not conflict with fundamental rights, human dignity, democracy, or the constitution itself. This provision ensures that the state acts within the boundaries set by the rule of law and respects the rights and freedoms guaranteed to all citizens.
The Ethiopian Constitution also emphasizes the importance of protecting the natural resources and historical heritage of the country. This demonstrates a commitment to the rule of law by recognizing the rights of citizens to a clean and healthy environment and by ensuring that economic development activities do not disrupt the ecological balance.
Additionally, the constitution guarantees equal rights for women and men, addressing the traditional inferiority and discrimination that women have faced. This provision ensures that women have equal rights in marriage and enjoy the same rights and protections guaranteed to all Ethiopians under the constitution.
The constitution also allows parties to voluntarily submit disputes for adjudication according to religious or customary laws. This provision respects the diversity of Ethiopia's cultures and religions while still adhering to the overarching principle of the rule of law.
Furthermore, the constitution outlines the powers of the Council of Ministers during a state of emergency. While they can suspend certain fundamental political and democratic rights, they cannot restrict the rights provided under specific articles, including Articles 1, 18, 25, and Sub-Articles (1) and (2) of Article 39. This limitation on the powers of the Council of Ministers, even during exceptional circumstances, demonstrates a commitment to upholding the rule of law.
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Democracy
The constitution also recognises the family as the fundamental basis of society and grants it protection from the state. It ensures equal rights for women, addressing historical inferiority and discrimination. The state has a responsibility to promote equal development, customs, and cultures, as long as they align with fundamental rights, human dignity, democracy, and the constitution.
Additionally, the constitution outlines the state's duty to promote environmental protection and ensure a clean and healthy environment for all Ethiopians. Economic development must not disrupt the ecological balance, and the people must be involved in policy-making processes.
In the event of a state of emergency, the Council of Ministers may suspend certain fundamental political and democratic rights guaranteed by the Constitution to address the emergency. However, this suspension of rights does not extend to specific articles outlined in the Constitution, demonstrating a commitment to upholding core democratic principles even during exceptional circumstances.
Overall, the FDRE Constitution reflects a strong commitment to democracy, equal rights, and the well-being of all Ethiopians, with mechanisms in place to protect these values and ensure lasting peace and development in the country.
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Respect for culture and religion
The FDRE Constitution recognises the diversity of Ethiopia's nations, nationalities, and peoples, and their right to self-determination. It reflects the nations' resolve to live in unity and their commitment to respecting their differences while promoting shared interests.
The Constitution emphasises the importance of respecting the fundamental rights of individuals and the equal development of various cultures and religions. It ensures that all languages of Ethiopia's nations, nationalities, and peoples are equally recognised, and that each member state can determine its working language.
With regard to religion, the FDRE Constitution guarantees the freedom to express or manifest one's religious beliefs, as long as it does not infringe upon public safety, peace, health, education, public morality, or the rights and freedoms of others. It also ensures the independence of the state from religion, with education being free from religious, political, and cultural influences.
The Constitution further recognises the family as the fundamental basis of society, entitled to protection from society and the state. It acknowledges the importance of preserving natural resources and historical heritage, promoting the arts, science, and technology, and ensuring a clean and healthy environment for all Ethiopians.
The FDRE Constitution also outlines the powers and duties of the Federal Government, including preparing and implementing policies related to culture, historical heritage, and science and technology, as well as determining foreign policy.
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Environmental protection
Article 92 of the constitution, titled "Objectives for Environmental Protection", outlines specific responsibilities and guidelines in this regard. Firstly, it states that the State has the responsibility to strive for a clean and healthy environment for all Ethiopian citizens. This includes ensuring that any economic development activities do not disrupt the delicate ecological balance of the country. This provision reflects a commitment to sustainable development, recognising that economic growth must occur in harmony with environmental preservation.
The constitution also emphasises the importance of public participation in environmental decision-making. It stipulates that the people concerned shall be involved in the preparation and implementation of policies and programs related to environmental protection. This ensures that local communities have a say in decisions that may impact their natural surroundings and promotes a sense of collective responsibility for environmental stewardship.
Furthermore, the FDRE Constitution recognises the interconnectedness between cultural preservation and environmental protection. It states that the State and all Ethiopian citizens have a duty to preserve not only their natural resources but also their historical heritage. This holistic approach acknowledges that cultural and natural heritage are intertwined and that protecting one inherently safeguards the other.
The constitution also places a responsibility on the State to promote the development of the arts, science, and technology within the limits of its resources. This provision is significant as it encourages innovation and the adoption of sustainable practices. By promoting scientific advancements, Ethiopia can better address environmental challenges and find solutions that balance economic growth with ecological preservation.
Overall, the fundamental principles of the FDRE Constitution regarding environmental protection demonstrate a strong commitment to safeguarding the natural environment, involving local communities in decision-making, and promoting sustainable development. These provisions provide a framework for Ethiopia to pursue a greener and more resilient future, ensuring that the country's development is in harmony with its natural surroundings.
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Frequently asked questions
The family is considered the fundamental basis of society and is, therefore, entitled to protection from society and the state.
The state is responsible for promoting the equal development of customs and cultures, as long as they do not conflict with fundamental rights, human dignity, democracy, or the Constitution.
Religious and customary marriages may be recognised by law, and parties have the right to voluntarily submit disputes for adjudication according to religious or customary laws.
Yes, the Constitution guarantees women equal rights with men regarding the enjoyment of rights and protections, as well as marriage. It also acknowledges the historical discrimination against women and grants them the right to benefit from affirmative actions to introduce corrective changes.
The state is responsible for striving to ensure a clean and healthy environment for all Ethiopians. Economic development activities should not disrupt the ecological balance, and the people must be involved in the preparation and implementation of environmental protection policies and programs.
