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Contents
Characteristics[edit]
The 1931 Constitution consists of the Decree proclaiming the constitution and seven
chapters divided into 55 articles. The contents of the chapters are:
1. The Ethiopian Empire and the Succession to the Throne. Five articles stating that
Ethiopia is the domain of the Emperor, who shall be a descendant "of his Majesty
Haile Selassie I, descendant of King Sahle Selassie, whose line descends without
interruption from the dynasty of Menelik I, son of King Solomon of Jerusalem and of
the Queen of Ethiopia, known as the Queen of Sheba.
2. The Power and Prerogatives of the Emperor. Twelve articles setting forth the powers
of the Emperor.
3. The Rights Recognized by the Emperor as belonging to the Nation, and the Duties
Incumbent on the Nation. Twelve articles stating that "The Law" will define the
conditions to become a subject of Ethiopia, and the duties of these subjects. This
chapter also sets forth some rights subjects enjoy "except in the cases provided by
law" (Articles 25, 26, 27) and while they "in no way limit the measures which the
Emperor, by virtue of his supreme power, may take in the event of war or of public
misfortunes menacing the interests of the nation" (Article 29).
4. The Deliberate Chambers of the Empire. Eighteen articles which established a
bicameral parliament for Ethiopia. Until this document, there had never been a
formal legislative body in Ethiopia. The lower chamber would temporarily be chosen
by the Nobility (Mekuanent) and the local chiefs (Shumoch) "until the people are in a
position to elect them themselves" (Article 32), while the upper chamber would be
appointed by the Emperor.
5. The Ministers of the Empire. Two articles on the duties of government ministers, a
system of executive officers which Menelik II had established in 1908.[10]
6. Jurisdiction. Five articles setting forth the judicial system. Article 54 establishes
Special Courts, required by the Klobukowski agreement of 1906, which gave
foreigners extraterritoriality in Ethiopia, exempting them from both Ethiopian law and
her justice system.[11]
7. The Budget of the Imperial Government. One article requiring the Government
Treasury to set an annual budget, which directs how the government will spend its
money.
Application
1955 Constitution of Ethiopia
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Emperor Haile Selassie proclaimed a revised constitution in November 1955 of
the Empire of Ethiopia. This constitution was prompted, like its 1931 predecessor, by a
concern with international opinion. Such opinion was particularly important at a time
when some neighboring African states were rapidly advancing under European colonial
tutelage and Ethiopia was pressing its claims internationally for the incorporation
of Eritrea, where an elected parliament and more modern administration had existed
since 1952.[1]
This constitution was suspended by the Derg in their Proclamation No. 1, which was
broadcast 15 September 1974, three days after Emperor Haile Selassie was deposed. [2]
Overview[edit]
The new constitution consisted of eight chapters and 131 articles. [3] This document was
drawn up by three American advisors—A.H. Garretson, John Spencer, and Edgar
Burlington—who worked with two leading figures of the restored monarchy, Wolde
Giyorgis Wolde Yohannes and Aklilu Habte-Wold. After each session the two Ethiopian
officials would then report to the Crown Council; according to Spencer, "In many
instances, the Crown Council, dominated by the extreme conservative, Ras Kassa,
would veto our proposals and we would then seek some compromise formula. Progress
was extremely slow."[4]
While clearly "not a mirror image" of the U.S. Constitution, Edmond Keller notes it
contained a number of ideas from that document, such as a separation of powers
between three branches of government, and careful attention given to detailing the
"Rights and Duties of the People", to which 28 articles were devoted. [3] Despite this
element, in his memoirs John Spencer lamented that the Crown Council forced the
constitution's authors to stress the prerogatives of the crown, giving the emperor the
right to rule by emergency decree, to appoint and dismiss ministers without input from
the Ethiopian parliament, and to appoint members of the Senate, judges, and even the
mayors of municipalities. Spencer also regretted that many of the rights were enjoyed
"subject to the law"![5] Bahru Zewde stresses the nature of these executive powers in his
discussion of this document, noting that it was "a legal charter for the consolidation of
absolutism." Bahru quotes the relevant section from Article 4 of the Constitution: "By
virtue of His Imperial Blood, as well as by the anointing which he has received, the
person of the Emperor is sacred, His dignity is inviolable and His power indisputable." [6]
Despite this strengthening of the Emperor's position, the purview of the bicameral
Ethiopian parliament was expanded over the 1931 constitution. Although the Senate
remained appointive, the Chamber of Deputies was elected. In contrast to the
legislature under the 1931 Constitution which could only discuss matters referred to it, it
now had the authority to propose laws and veto laws proposed by the executive. It could
also summon ministers for questioning, and in extraordinary circumstances it could
initiate impeachment proceedings against them. Keller believes its most significant new
power was its budgetary function: parliament now had the responsibility of approving or
rejecting all proposed budgets, including taxes and allocations. [7]
However, in John Turner's opinion, the absence of a census, the near total illiteracy of
the population, and the domination of the countryside by the nobility meant that the
majority of candidates who sought election in 1957 were in effect chosen by the elite.
The Chamber of Deputies was not altogether a rubber stamp, at times discussing bills
and questioning state ministers.[1
The 1987 Constitution of Ethiopia was the third constitution of Ethiopia, and went into
effect on 22 February 1987 after a referendum on 1 February of that year. Its adoption
inaugurated the People's Democratic Republic of Ethiopia (PDRE).
Contents
1Contents
2Drafting
3Referendum
4References
5Further reading
Contents[edit]
The document consisted of seventeen chapters and 119 articles. The preamble traced
Ethiopia's origins back to antiquity, proclaimed the historical heroism of its people, praised
the country's substantial natural and human resources, and pledged to continue the
struggle against imperialism, poverty, and hunger. The government's primary concern was
proclaimed to be the country's development through the implementation of the Program for
the National Democratic Revolution, which Kasahun Ankosa had proclaimed in a speech 20
April 1976. In the process, it was assumed that the material and technical bases necessary
for establishing socialism would be created. [1]
The constitution attempted to situate Ethiopia in the context of the worldwide movement of
"progressive states" and made no direct reference to Africa. Critics claim that the
constitution was no more than an abridged version of the 1977 Soviet constitution, with the
exception of the sweeping powers vested in the presidency. A second difference between
the Ethiopian and Soviet constitutions is that the former declared the country to be a unitary
state rather than a federation. It was reported that the problem of nationalities was hotly
debated in the Constitutional Commission, as well as in the WPE Central Committee, but
the regime would not abandon its desire to create a single multiethnic state rather than a
federation.[1]
The 835-member legislature, the National Shengo, was defined as the highest organ of
state power. Its members were elected to five-year terms. Executive power was vested in a
president, elected by the National Shengo for a five-year term, and a cabinet also appointed
by the Shengo. The president was chairman of the Council of State, which acted for the
legislature between sessions.
Actual power, however, rested in the Workers' Party of Ethiopia, defined as the leading
force of state and society. More specifically, actual power rested with Mengistu, who was
not only president of the country but general secretary of the WPE. He and the other
surviving members of the Derg dominated the WPE's Politburo. In essence, the power
structure set up by the constitution was a carbon copy of the power structure in other
communist countries. The party was granted even more power than the government, which
acted more or less as a transmission belt for the party. As was the case with other
Communist legislatures, the National Shengo was nominally vested with great lawmaking
powers, but actually did little more than rubber-stamp decisions already made by the WPE
and its Politburo.
The Constitution guaranteed all manner of civil rights and personal freedoms, such as
freedom of speech, the press, religion, movement, assembly, and association. Citizens also
had the right to a fair trial and a free education. In practice, the government paid almost no
attention to these freedoms. As had been the case during the Derg era, Ethiopia ranked at
or near the bottom of most measures of human rights and civil liberties.
Drafting[edit]
The primary task facing the Workers' Party of Ethiopia (WPE) following its formation in 1984
was to devise the new national constitution that would inaugurate the PDRE. In March
1986, a 343-member Constitutional Commission was formed to draft a new constitution
based on the principles of scientific socialism. Eventually, the 122 full and alternate
members of the WPE Central Committee who had been appointed to its membership
dominated the commission.[1]
The Constitutional Commission had its origins in the Institute for the Study of Ethiopian
Nationalities, which the Provisional Military Administrative Council (better known as
the Derg) had established March 1983 to find solutions to problems resulting from Ethiopia's
vast ethnic diversity. The Institute was staffed mostly by academics from Addis Ababa
University, who continued to serve as advisers to the Constitutional Commission. The
commission's diverse membership included religious leaders, artists, writers, doctors,
academics, athletes, workers, and former nobility. There was also an attempt by those who
chose appointees to the commission to make sure that all major ethnic nationalities had
representation in the body.[1]
For about six months, the commission debated the details of the new constitution. In June
1986, it issued a 120-article draft document. The government printed and distributed 1
million copies to kebeles and peasant associations throughout the country. During the next
two months, the draft was discussed at about 25,000 locations. The regime used this
method of discussion to legitimize the constitution-making process and to test the mood of
the populace. In some cases, people attended constitutional discussion sessions only after
pressure from local WPE cadres, but in other cases attendance was voluntary. Where
popular interest was apparent, it centered on issues such as taxes, the role of religion,
marriage, the organization of elections, and citizenship rights and obligations. By far the
most controversial draft provision was the one that outlawed polygamy, which caused a
furor among Muslims. Few questions were raised about the document's failure to address
the nationalities problem and the right to self-determination. According to government
officials, the citizenry submitted more than 500,000 suggested revisions. In August the
commission reconvened to consider proposed amendments. In all, the commission
accepted ninety-five amendments to the original draft, most of which, however, were
cosmetic.[