–––––a

ADDIS ABABA UNIVERSITY

COLLEGE OF NATURAL AND COMPUTATIONAL SCIENCE
SCHOOL OF INFORMATION SCIENCE
DEPARTMENT OF INFORMATION SYSTEM
Civics and Ethical Education
Group members:
Nebil Abdulsemed……….…..NSR/1355/10
Amanuel Ermias………………NSR/6087/10

Question
7A
Introduction
Ethiopia is the oldest independent country in Africa and one of the oldest independent countries
in the world. Ethiopia has had 4 constitutions namely 1931 constitution of Ethiopia, 1955
constitution of Ethiopia, 1987 constitution of Ethiopia, 1995 constitution of Ethiopia. In the 1995
constitution, the rights of Nations, Nationalities and Peoples seem to occupy a central place. For
example, the opening words of the Preamble read, We, the Nations, Nationalities and Peoples of
Ethiopia...‟ The Preamble identifies the Nations, Nationalities and Peoples of Ethiopia as the
authors of the Constitution. In addition, the provisions of the Constitution dealing with the rights
of Nations, Nationalities and Peoples of Ethiopia are made difficult to amend and even during a
state of emergency these rights may not be suspended, although many other rights can be.

Ethiopians have endlessly shown their aversion to the central government and their desire for
self-determination and secession has a long enduring historical account. This paradox was finally
resolved by the regime of former Prime Minister Meles Zanawi that deposed the Marxist
government of Mengistu Haile Maraim. After assuming power, the new regime took a major
decision that transformed the power politics and very structure of the Ethiopian state. The new
regime undertook a restructuring program that has a constitutional engineering core as its
foundation in order to restructure the institution of state in Ethiopia. They made the various
ethnic nationalities the center of state concept. “Then Ethiopian government during a transition
period adopted a provisional constitution that was innovative piece of constitutional document in
Africa. It allowed ethnic nationalities the right to secessionist self-determination. It also allowed
internal self-determination within a federal system of government creating various regional
governments that are ethnically based.”(Abdullahi A, 1998)

Some of the article that dealt with the right of nations, nationalities and peoples to self-
determination in the 1995 constitution are:-

Article 2 of the Interim charter stated: “The right of nations, nationalties and peoples to self-
determination is affirmed. To this end, each nation, nationality and people is guaranteed the right
to:

1. Preserve its identity and have it respected, promote its culture and history and use and
develop its language;
2. Administer its own affairs within its own defined territory and effectively participate in
the central government on the basis of freedom, and fair and proper representation;
3. Exercise its right to self-determination of independence, when the concerned, nation/
nationality and people is convinced that the above rights are denied, abridged or
abrogated.”(Transtitional Period charter of Ethiopia, no. 1, Negarit Gazeta, Addis Ababa,
2nd July 1991).
Article 8 states that “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.”(Ethiopia’s
constitution of 1994)

Article 8 of the Ethiopian constitution gives all sovereign power resides in the nations,
nationalities and people of Ethiopia.

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 a 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 a large measure of a common culture or similar customs,
mutual intelligibility of language, belief in a common or related identities, a common
psychological make-up, and who inhabit an identifiable, predominantly contiguous
territory.”(Ethiopia’s constitution of 1994)

“Article 39 of the Ethiopian constitution is a unique provision in two ways. Constitutionally it

inaugurates the right of communities or group rights within the context of the African state and
transplants the same into a substantive constitutional provision. Second, from an international
law perspective it incorporates a fundamental but radical norm of international law into the
municipal legal regime of an African state.” (Abdullahi A, 1998). Art 39(4) is a crucial, it
establishes an elaborate mechanism to be followed when secession exercise is to be executed.
Under Arts 39(4) (a) a demand for secession has to be approved by two third majority of the
members of the Legislative Council of the Nation, Nationality or People concerned, this provides
a check for any inconsiderate distress for secession. After the concerned legislature passes a
resolution to secede, the Federal Government under Arts 39 (4) (b) has to organize a referendum
within the seceding state in order to check if it the will of the people in that seceding state. Arts
39 (4) (c) mandates that for secession to be allowed the majority of the participants in the
referendum to be subsequently organized must be in support of secession. Then under Arts 39(4)
(d) the federal transfers “to the people or their councils its powers”. This portion shows the good
faith of the Federal Government of Ethiopia. And under section (e) assets have to be divided
between the new state and the Federal Government of Ethiopia.

Article 39(5) adds a further clarity to the breadth and width of who is entitled to secede under the
constitution. It elucidates a pertinent question of international law.

Arguments

The Ethiopian 1995 constitution under article 1 establishes constitutionally the sovereign state of
Ethiopia as juridic entity and through article 39 provides the precise antipode of the existences of
the state it so create, In thus established a constitutional provision for the folding up of the state
(Abdullahi A, 1998)

Although the Preamble has taken it for granted that the federation was the agreement of the
Nations, Nationalities and Peoples of Ethiopia, the Ethiopian Federation was not the result of any
agreement by the member states preexisting the Constitution. Arts 8(1) and 39(1) of the
Constitution continue the pretense that the Ethiopian federal arrangement was the outcome of a
contract between sovereign Nations, Nationalities and Peoples of Ethiopia.

These Articles suggest that the same sovereign Nations, Nationalities and Peoples should have
existed legally as sovereign entities before one can say that they have retained part of their
sovereignty. “As a rule, Constitutions are intended to provide solutions for the existing or pre-
existing social, economic and political problems that a society has to contend with. In Ethiopia
the present federal set up has come about mainly as a response of the central authority to
pressures of territorial national minorities seeking self-government.

The Constitution reflected the needs of the ruling ethno-national movement and its supporters
and some argue that the constitution was, solo-authored by the EPRDF cadres‟. The inclusion of
the secession clause in the Constitution was merely a calculated and misleading action used by
the EPRDF to gain the support of nations and nationalities of Ethiopia, which were opposed to
the old unitary system. Under the new Constitution that established a federal state, all sovereign
power resides in the Nations, Nationalities and Peoples of Ethiopia. The FDRE Constitution is
the supreme law of the land, in which case, any law, customary practice or decision of an organ
of a state or a public official that contravenes the Constitution becomes ineffective. According to
this Constitution, all international agreements ratified by Ethiopia are an integral part of the law
of the land. “Besides, the Constitution declares that the fundamental rights and freedoms
specified in the Constitution 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. In the following sub-sections, the rights of Nations, Nationalities and Peoples of
Ethiopia as provided in the scope of their rights. But in order to do that, having the general
overview of the Nations, Nationalities and Peoples living in Ethiopia is necessary.

Reference

 Abdullahi, A. (1998). Article 39 of the Ethiopian Constitution On Secession and Self-

determination: A Panacea to the Nationality Question in Africa? Verfassung Und Recht
in Übersee / Law and Politics in Africa, Asia and Latin America, 31(4), 440-455.
 Ethiopia’s constitution of 1994, << constituteproject.org. >>
 Transtitional Period charter of Ethiopia, no. 1, Negarit Gazeta, Addis Ababa, 2 nd July
1991

7 .B) List down the merits and demerits of democracy as a form of government

Introduction

When we talk about democracy, the first thing that comes to mind is the people. Democracy,
according to Lincoln, is the government of the people, by the people and for the people. It is
kratos (rule) from demos (people) as a term of etymological connotation. Democracy
(demokratia), or rule by the people, was an alternative to such traditional governments as
monarchy, rule by one, and oligarchy, rule by the few. In the first democracies, citizens made
and enforced the laws for their small republic, the polis or community of the city. There was
majority rule by the citizens, the people of the polis who participated directly in their assembly,
the lawmaking body. 

There was no sense of personal and private rights of individuals in the democracies of ancient
Greece. The decisions made by a majority vote of citizens often disregarded the interests of those
in the minority, and sometimes the citizen majority formed a tyranny that abused and oppressed
individuals with unpopular opinions.

Democracy is a political system in which the choice of the people is an important factor. But
there are advantages and disadvantages of democracy.

Merits of democracy:
 In a democracy, supreme power belongs to the people, who elect a representative of the
country, which means that people aged eighteen or over have the right to elect the
government representatives they want.
 The existence of a democracy shows that the citizens are equal before the law and are
independent of their decisions.
  Elections bring changes to the country. It also reduces the number of public rebels, since
the votes are cast by the people in a secret ballot system. In most governments,
democracy works by consensus, which reduces the risk of popular revolt.
 The term of office is limited to a specified period. So if the people feel that the current
representatives are not keeping their word and not doing their job properly according to
their oath, they can change the government in the next election in the best interest of the
country. This can prevent monopoly power.
 It gives the citizens of a state or country the freedom to elect the members of the
legislature they wish to govern.
 A democratic government is a better government because it is a more accountable form
of   government.
 Democracy improves the quality of Decision Making
 Democracy provides a method to deal with differences and conflicts
 Democracy allows people to correct their own mistakes
 In a democracy, people rule themselves as leaders are elected by them.
 The existence of democracy and politics conveys political knowledge to the people of the
country. In this way, people today are also getting a political education.

Demerits of democracy:
 Democracy is all about political competition and power play. There is no scope for
morality.
 It lays emphasis on quantity as opposed to quality. Every person whether stupid or
genius is treated equal while inequality is a biological phenomenon. It turns into a
government by “the ignorant and the intellectual.”
 It very often breeds inefficiency. In practice, the administration is run by the
bureaucrats who owe no responsibility to the people. Faguet calls democracy a
“cult of incompetence.”
 It is a very expensive type of government. Parliaments, cabinets, election
machinery are all a costly affair and a burden on the taxpayer.
 Democracy leads to corruption for it is based on electoral competition. Thus encourages
nepotism, jobbery and favoritism.
 Democracy is a government of the rich,serving as a  plutocracy or oligarchy of the
rich.
 Democracy leads to majority rule which tyrannizes the minority. It leads to
revolutions and mob violence. It subjects the people to rule of numerous rather
than rule of the wise.
 It leads to formation of political parties which mislead, misinform and misguide
the electorate. They distort issues, falsify facts, appeal to emotions, make falser
and Utopian promises.
 
 Democracy is a difficult form of government for assumptions on which it rests are
difficult to fulfill. It assumes civic capacity on the part of the citizen.The citizen
 must be able to understand the interest of the community, subordinate his own will
to the General will and must feel his responsibility to the community and be
prepared to serve it by voting and by choosing the best men.
 The right to vote is exercised improperly. Many people are hesitant to vote and have no
idea what impact their vote will or will not have.
 The election process takes time and counting the votes for each political party also takes
time.

Conclusion
Democracy is the choice of the people and their rights. So it is up to the people to decide how to
use their democratic power. The election of a leader is not the only duty a citizen has to his
country. Citizens must participate equally in society for the good of the individual and the nation.

References

 https://www.preservearticles.com/articles/13-valid-demerits-of-democracy-form-of-
government/6979
 https://books.google.com.et/books?
hl=en&lr=&id=mlYJVEkefNcC&oi=fnd&pg=PA49&dq=constitution+of+ethiopian+hist
ory&ots=AhKHoBgnIg&sig=VEVLJO3CLtKthQrEnQ6r9npvOPo&redir_esc=y#v=onep
age&q=constitution%20of%20ethiopian%20history&f=false