SALALE UNIVERSITY

COLLEGEOF BUSINESS AND ECONOMICS

DEPATMENT OF ACCOUNTING AND FINANCE

Title: Experience of Ethiopian Constitutional Development:

change and its continuity since 1931
Section:- weekend Program(1st Year)

Group Members:

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Instructor:

January, 2023

FITCHE, ETHIOPIA
 Table of Content

1. Introduction.................................................................................................................................................. 1

1.1. 1931 Constitution of Ethiopia............................................................................................................. 2

1.2. 1955 Constitution of Ethiopia........................................................................................................ 4

1.3. 1987 Constitution of Ethiopia........................................................................................................ 5

1.4. 1995 Constitution of Ethiopia........................................................................................................ 7

References................................................................................................................................................................. 8
 Experience of Ethiopian Constitutional Development: change
and its continuity since 1931
1. Introduction
The vast majority of contemporary constitutions describe the basic principles of the
state, the structures and processes of government and the fundamental rights of
citizens in a higher law that cannot be unilaterally changed by an ordinary
legislative act. This higher law is usually referred to as a constitution. The content
and nature of a particular constitution, as well as how it relates to the rest of the
legal and political order, varies considerably between countries, and there is no
universal and uncontested definition of a constitution. Nevertheless, any broadly
accepted working definition of a constitution would likely include the following
characteristics: A constitution is a set of fundamental legal-political rules that: first,
constitution is binding on everyone in the state, including ordinary lawmaking
institutions; second, it concerns the structure and operation of the institutions of
government, political principles and the rights of citizens; third, it is based on
widespread public legitimacy; fourth, it is harder to change than ordinary laws (e.g.
a two-thirds majority vote or or a referendum is needed); fifth, as a minimum, meet
the internationally recognized criteria for a democratic system in terms of
representation and human rights.
In other words, constitution refers to body of rules and laws, (written or unwritten)
that determine the organization of government and the distribution of powers and
functions to various organs of government, regulate the relationship among
themselves and also between the state and its individuals through general
principles on which these powers are to be exercised. Constitution is the mothers of
all laws; all other ordinary laws are derived from and subjected to this blue print.
Hence, since constitution is supreme law of a land, any other law contradicted with
the provisions of the constitution becomes void or invalid.
1.1. 1931 Constitution of Ethiopia
The 1931 Constitution of Ethiopia was the first modern constitution of the Ethiopian,
intended to officially replace the Fetha Nagast, which had been the supreme law since
the Middle Ages. It was promulgated as the first written constitution in an impressive
ceremony held 16 July 1931 in the presence of Emperor Haile Selassie, who had long
desired to proclaim one for his country.  

In virtue of this constitution, Ethiopia, one of the last absolute monarchies still existing,

began the process of constitutionalization of imperial institutions, grounding the Emperor's
authority on more solid basis, but also allowing some initial forms of limitation and
participation.
According to his own autobiography, while still Emperor Haile Selassie had wanted
Empress Zewditu to proclaim such a document, but some of the great nobles, to whose
advantage it was to rule the country without a constitution, had pretended that it would
diminish the dignity and authority of Queen Zawditu if a constitution were set up. Once he
became Emperor, Haile Selassie then appointed a commission to draft the document. The
commission's leading members included the Europeans Gaston Jèze and Johannes
Kolmodin, but most prominently Ethiopian intellectuals such as Tekle Hawariat Tekle
Mariyam and Gedamu Woldegiorgis. This constitution was based on the Meiji
Constitution of Imperial Japan, a country that educated Ethiopians considered a model for
its successful adoption of Western learning and technology to the framework of a non-
Western culture. Unlike its Japanese model, the Ethiopian Constitution was a simple
document of 55 articles arranged in seven chapters. It asserted the Emperor's own status,
reserved imperial succession to the line of Haile Selassie, and declared that "the person of
the Emperor is sacred, his dignity inviolable, and his power indisputable." All power over
central and local government, the legislature, the judiciary, and the military was vested in
the emperor. The constitution was essentially an effort to provide a legal basis for replacing
the traditional provincial rulers with appointees loyal to the emperor. It was not intended
to be a representative democracy, as the Emperor alone had the power to designate
senators.
According to Haile Selassie, the importance of this legal innovation was not understood on
the side of the officials and the people. To educate them on constitutional theory, he called
the leading members of both groups to an assembly where its principal author, Tekle
Hawariat, delivered a lengthy speech which not only described the contents of the
document, but expounded a theory of constitutional law.
The 1931 Constitution consists of the Decree proclaiming the constitution and seven
chapters divided into 55 articles. The contents of the chapters are:
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.
The Power and Prerogatives of the Emperor. Twelve articles setting forth the powers of the
Emperor.
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).
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.
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.
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.
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.
A few months later, on 3 November, the anniversary of the Emperor's own coronation,
Haile Selassie convened the first parliament of the new constitution. Harold Marcus notes
that Emperor Haile Selassie "hoped that the institution would stimulate nationalism and
unity and that its members would popularize sociopolitical change in the provinces.
Following the restoration of Haile Selassie in 1941, he re-established the 1931 constitution,
convening the parliament on 2 November 1942. This body included a chamber of deputies
which was double its pre-war size, who were selected by a combination of an election, held
on 9 March 1941, to elect a group of 20 for each of the 12 provinces, who would then meet
at the provincial capitals to select five of their members to be deputies.
Despite the resurrection of the parliament, Haile Selassie promulgated a number of laws in
the form of proclamations and decrees. It was not until his proclamation 34/1943 that the
authority of the parliament was included. Laws were issued under the authority of the
Emperor and the parliament until the end of February 1944, when the sole authority of the
Emperor again was used, which continued until the beginning of November of that year,
when the parliament was again in session.
The Constitution of 1931 was superseded at the time of Emperor Haile Selassie's Silver
Jubilee in 1955, when a new constitution was promulgated.

1.2. 1955 Constitution of Ethiopia

In November 1955, the imperial government issued a revised constitution. In comparison
to the 1931 constitution, the revised document was more clear in defining the power and
function of the government. Several reasons necessitated the revision of the 1931
constitution. First of all, the 1930s modernizing reforms, the Italian occupation and the
wartime and postwar aid extended by the United Kingdom and the United States
introduced numerous social, political and economic changes in Ethiopia. Furthermore,
under the supervision of the United Nations (UN), in 1952 Eritrea was incorporated, which
importantly overhauled Ethiopia into a federation (Fasil 1977:25).Under this arrangement,
Eritrea was to receive its own constitution. Unlike the case of the Ethiopian constitution of
1931, the Eritrean constitution was prepared by the UN and adopted by the Eritrean
assembly press and association (Fasil 1997).The document also provided for a democratic
system of government. The Eritera-Ethiopia Federation Act was drafted by the UN too.
Emperor Haile Selassie ratified this federation Act in September 1952, which formally
completed the formation of the Federation Ethiopia and Eritera.The Federal Act was
modeled on the UN’s Universal Declaration of Human Rights (UDHR) (Fasil 1997:25).
Hence, one of the main objectives of the 1955 revision of the Ethiopian Constitution was to
narrow the gap between the Federal Act and the Eritrean constitution on the one hand and
the Ethiopian constitution of the 1931 on the other hand.
The revised constitution consisted of eight chapters and 131 articles. 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.
Accordingly, chapter 3 of the revised constitution of 1955 contained a long list of rights,
including equality before the law, the freedom of religious worship and the freedom of
speech. However, the 1955 constitution did not provide for multiparty politics. Yet this
document introduced the elections of members to the parliament’s lower chamber of
Deputies directly by the people of Ethiopia. In this manner, universal suffrage was at long
last introduced to Ethiopia.

1.3. 1987 Constitution of Ethiopia

The Constitution of the People's Democratic Republic of Ethiopia also known as 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).
The document consisted of seventeen chapters and 119 articles.
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, arbitrary arrests,
torture, and execution ran rampant, and Ethiopia ranked at or near the bottom of most
measures of human rights and civil liberties.
The primary task facing the Workers' Party of Ethiopia 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
Workers’ party of Ethiopia Central Committee who had been appointed to its membership
dominated the commission.
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 in 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.
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 workers’ party of Ethiopia 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.
Main article: referendum. The national referendum on the constitution was held on 1
February 1987, and Mengistu announced the results three weeks later. He reported that 96
percent of the 14 million people eligible to participate (adults eighteen years of age and
older) voted. Eighty-one percent of the electorate endorsed the constitution, while 18
percent opposed it (1 percent of the ballots were invalid). Although this was the first
election in Ethiopia's history based on universal suffrage, the presence of workers’ party of
Ethiopia cadres throughout the country ensured that the constitution would be adopted.
In Tigray and Eritrea, however, the regime held referendums only in urban centers because
much of these territories was controlled by the Tigray People's Liberation Front and
the Eritrean People's Liberation Front, respectively. In other places, such as parts
of Wollo and Gondar regions, the vote took place amid heightened security measures.
Although the constitution officially took effect on the same day the PDRE was proclaimed
22 February 1987, it was not until that September the new government was fully in place
and the Derg formally abolished.

1.4. 1995 Constitution of Ethiopia

The Constitution of the Federal Democratic Republic of Ethiopia known as the 1995
Constitution of Ethiopia is the supreme law of Ethiopia. The constitution came into force on
21 August 1995 after it was drawn up by the Constituent Assembly that was elected in June
1994. It was adopted by the Transitional Government of Ethiopia on 8 December 1994 and
came into force following the general election held in May–June 1995
The FDRE constitution has a wider coverage of both human and democratic rights. Of the
total 106 articles of the constitution just about one third (approximately 33 articles) is
devoted to the discussion of rights. While the democratic rights enshrined in the
constitution tend to be essentially group-oriented and political in nature the human rights
on the other hand are individualistic and natural.
It 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. It 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 expressly provides for a set of basic human rights; Article 13 specifies that
these rights and freedoms will be interpreted according to the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, and other
international instruments adopted by Ethiopia.
The document further guarantees that all Ethiopian languages will enjoy equal state
recognition, although Amharic is specified as the working language of the federal
government.
Ethiopia has a tradition of highly personal and strongly centralized government, a pattern
the Ethiopian People's Revolutionary Democratic Front (the former ruling government
collation) had followed despite constitutional limits on federal power. The first general
election held after the adoption of the constitution was the 2000 election. There were three
earlier written constitutions of Ethiopia, the preceding one being the 1987 Constitution.
 References
Ministry of Agriculture and rural development of Ethiopia. (2009).Agricultural investment

potential of Ethiopia.

En.Wikipedia.Org/Wiki/ Agriculture_in_Ethiopia.

ZG Alemu ,K.Oosthuizen,& HD van Schalkwyk.(2003).Contribution of agriculture in

Ethiopia Economy.

Teferi M.Nigatu G.,Alem-meta A.,&Binyam M. (2019).Geography of Ethiopia and the Horn.

https://faqs.tips/post/what-are-the-main-characteristic-of-ethiopian-agriculture.

-Gebissa Yigezu Wendimu.(2021).The challenges and prospects of Ethiopian agriculture.