Instructor‘s Note

CHAPTER FIVE
DEMOCRACY AND ELECTION IN ETHIOPIA
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*Despite the promising development of the theoretical documents of democracy in
post 1991, there is lack effective application of democratic principles. It was a pseudo-
democracy and election despite the experience of five term election.
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5.1. Pre- 1991 Democracy and election Experience

Ethiopia has had an election record dating back to the time of the Imperial era. The first electoral
law in the country's history was promulgated in the 1950s and consisted of many articles on
prohibited acts and unfair practices during public elections. Later, this law was amended in 1969
and the Central Election Board was created under the Ministry of Interior to conduct elections
throughout the empire. It contained provisions on voter rights and obligations, registration and
qualifications of candidates, number of constituencies, proper conduct of elections, counting of
ballots and announcement of results. The Derg regime, which succeeded the Imperial
Government, also adopted a similar system of electoral structure, including a national electoral
board and a set of penal code provisions against offences during public elections. In both regimes
there was no democracy at all.

5.2. Post 1991: Democratization Policies of Ethiopia

Ethiopia since 1991 has had regular elections but, with the notable exception of 2005, none has
offered most Ethiopians a meaningful choice. The 2005 elections demonstrated high levels of
opposition, but failed to usher in an orderly transition based on peaceful multiparty competition.
The 2005 poll, as well as other non-competitive elections, have served as the central arenas for
struggle and help define the rules, actors, resources, and strategies of politics.
In Post 1991 Democratization policies that have been identified:-
i) Popular sovereignty: Sovereignty is vest dup on the nations and nationalities.
The FDRE constitution starts with the following in its preamble; “We, the nations, nationalities
and peoples of Ethiopia have decide to built a single political and economic community based on
equal opportunities by adopting this constitution through a constitutional assembly elected by our
own free will.”

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ii) Unity Based on Equality and Mutual Support

Rhetorically Unity through Diversity had been promoted since 1991. The prevalence of diversity
of nations, nationalities, and people of Ethiopia is not, and should not be, understood as a source
of division, discord, and weakness. Ethiopian diversity is now well understood as a vast with
multi –colors flowers. Schools and even universities are consciously asked to teach and cherish
the diversity as well as the firm decision to stick together in peace, common destiny, harmony,
and better future. The practice so far has been one of helping the other, sticking together, mutual
sympathy and support, self –esteem and respect, special effort to help the disadvantaged,
discriminate an Vic ionized minorities when and when necessary through compulsory policy
(Affirmative action).
iii) The Prevalence of Representative and Direct Democracy
To begin with, all ethnic groups are represented in the House of Federation by at leas on person
or responsive. The powers and duties of the House of Federation are defined in the constitution,
but the most important ones are:
A) The highest power to interpreter the FDRE constitution is vested in the house of
Federation;
B) The House of Federation has the duty or responsibility for arranging and coming up with
the formula on revenue sharing and or budget allocation.
Moreover, the House People’s Representatives (HPR), which is the highest organ of power of the
Federal government, every 130,000 estimated people are represented by one seat (one person)
but this is not strictly followed for national minorities. None the less, population size remains he
single most decisive factor a the overriding criterion.
iv) Self-government and self determination
Equity of nations and nationalities is first of all political equality i.e. the right of participate in the
decision making process both at the Federal and sub federal levels. The Federal parliament
(HPRs) and the House of Federation (HF) were carefully crafted to reflect the multinational
nature of the country. Ministers, ambassadors, and there dignitaries are assigned on the basis of
fair composition of nationalities.

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In our case, however, the right to self –determination, including the right to secession [the right
to form an independent state] has been included in the FDRE constitution for two reasons. These
are
A) First and foremost, this is an open door policy that creates confidence, so guards the unity
and fosters the fraternity of the nations and nationalities.
B) For the purpose of exercising full democracy. Any democracy that does not allow full
freedom, including divorce when necessary, is at least incomplete and at worst non –
transparent.
5.3. The Procedures of Electoral Process: Ethiopian Focus
In Ethiopia, any election should be based on free, direct and universal suffrage. According to the
Ethiopian Electoral Law:
- voting any election shall be carried out by a Secret ballot.
- Any Ethiopian citizen whose electoral rights, i.e. the right to elect (vote) or be elected,
are not legally restricted shall have the right to elect or be elected.
- No Ethiopian shall be compelled or forced to elector to be elected; and
- Each vote shall carry equal weight.
Moreover, to make the electoral system democratic, the aforementioned key principles have to
be carried out or applied procedurally. In order to apply the electoral procedures democratically,
there must be:
A) An independent electoral boy to aver see the election. This body will register candidates
and voters. It follows up or supervise the whole electoral process. To this end, the
election administration organ is expected to be honest competent an impartial (non –
partisan). This helps to make the electoral process to be democratic before, during and
after the election.
Hence, the auto comes of election is to be democratic an acceptable to people, at least to the over
whelming segment of people of a country.
By the virtue of Article 102 (1) of the FDRE constitution, “there shall be established a National
Election Board (NEB) independent of any influence, to conduct in an impartial manner free and
fair election in federal and state constituencies.”
Further more, with regard to the selection of members of the (NEB), Article 102 (2) clearly
confirms that. “members of the Board (NEB) shall be appointed by the house of Peoples’

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Repetitive up on the recommendation of the Prime Minister. Particulars shall be determined by

law.”
B) An Electoral law in which the rights of electing and being elected should clearly be stated
to which all those parties to the election system should obedient. Those who do not
respect the law should be accountable an those rights and violated or transgressed should
have the rights are violated or transgressed should have the right to seek redress.
By the virtue of proclamation number.
C) An independent judiciary to interpret the electoral law of Ethiopia. Article 78 (1) of the
FDRE constitution states that an independent judiciary is established at the Federal and
Regional State levels.
Given the above, the Ethiopia Electoral law identifies specific procedures of election that must
be followed or observed by the candidates and the voters. These specific procedures are the
following:
1) The establishment of Polling stations an election of polling station observes.
 Polling Stations: are places where people go to vote in an election. These stations are
establish at locations that a suitable or security. In Ethiopia, offices or assembly halls
of urban Dwellers Associations, Peasant Associations, etc may serve as polling
stations.
Polling Station Observers are peoples who are elected to see whether the electoral process is
being carried out acceding to the law. There are two types of polling station observers. These are:
i) The first are those who are elected to observe an electoral process at one polling station
only. These people are elected by the people of the polling station from among the
residents of the polling station. Their election is conducted by the chief officer of the
polling station. They are five in number an they should not be members of any political
organization. There responsibility or these kinds o observers is to indicate to the chief
officer of the polling station or to notify Wereda Electoral office of any irregularity in the
electoral process.
ii) The second type of polling station observers are those people who can observe the election
at any polling station.
These people can be foreign nationals or Ethiopians. They get the permission to observe
from the National Election Board of Ethiopia.

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I. Registration of Candidates
Candidates who fulfill the legal requirement to run for an election must be registered at the
electoral Board Branch Office of their respective region of residence candidates can participate
in an electoral process their representing political parties or individually. It they represent a
political party, the party must be registered by the National Electoral Boar of Ethiopia.
Capacities to be Elected
Capacities to be elected are the legal requirements that a candidate should fulfill in order to run
for an election.
According to the Electoral law of Ethiopia, there quitrents are that the candidate:
a) has to be an Ethiopian national;
b) should know or be served in the language of the region where he/she intends to run for an
election;
c) has to be 21 or more years old on the date of the election;
d) Should have been regularly residing or living in the constituency where be intends to be a
candidate for at least 2 years prior to the date of election;
e) Should present endorsement signatures of not less than 500 registered voters from with in
the constituency where he/she intends to run for an election. Endorsement signatures are
signatures given by voters or electors to the candidate to indicate that they support his/her
candidacy.
II. Registration of Voters
Any person who fulfills the legal requirements may be registered as an elector. The registration
takes place at the constituency where he/she resides.
 The legal requirements to be a voter are:
a) the voter has to an Ethiopian;
b) the voter has to be 18 or more years of ago on the date of registration;
c) the voter should have been residing with in the constituency for at least 6 (six) months;
In addition to the legal requirements, there are also legal restrictions on registration. Those
persons who are:
A. Notoriously Insane i.e. people with a well known mental abnormally due to which they are
not capable giving a decision; and

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B. Persons who are serving a term of imprisonment after being sentenced can not be registered as
voters. Sentence persons are those who are sent to prison for having been found guilty of a crime
by a court of a law.
5.4. Voting and Its Out comes
People cast or give their votes to the candidate of their choice at the polling station where they
have registered. Any registered voter can give his/her vote only once. A voter has to come to the
polling station:
a) in person i.e. he/she must physically appear at the polling station;
b) with his/her voters registration card; and
c) on the date fixed for the election.
Having conclude the casting of votes on the date fixed for election, the counting of votes at the
polling station begins. The counting begins with in two hours after the conclusion of the voting
process. The counting of votes takes place in the presence of the candidates of the constituency
or their representatives. These will also be two reprehensive of the police or security forces of
the constituency and the polling station observers. The results of the counting of votes at the
polling station shall b made known to the public by posting it with in the premises of the polling
station. A copy of the result shall also be sent to the Wereda Electoral Office.
The Counting of votes takes place in front of:
a) the candidates of the constituency of their representatives;
b) the chief of the Wereda police or security force or his/her reprehensive; and
c) five persons from the residents or the Wereda who are not members of any political
organizations.
Following the announcement of election results, the political party that won the election assumes
the political power peacefully. The place full transfer of power is one of the major purposes of
election in a democracy, thus, the political group that was in power retains its leadership, if it
wins; and transfers its power to one that won, if it loses. This is the heart of the culture of
democracy.

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5.5. Institutional Development for Democracy in Post 1991 Ethiopia (The 1995 FDRE
Constitution in Focus)
The following articles indicate the prospects for democracy
Article 1
Nomenclature of the State
This Constitution establishes a Federal and Democratic State structure. Accordingly, the
Ethiopian state shall be known as The Federal Democratic Republic of Ethiopia.
Article 8
Sovereignty of the People
1. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia.
Article 10
Human and Democratic Rights
1. Human rights and freedoms, emanating from the nature of mankind, are inviolable and
inalienable.
2. Human and democratic rights of citizens and peoples shall be respected.

Article 38
The Right to Vote and to be Elected
1. Every Ethiopian national, without any discrimination based on colour, race, nation,
nationality, sex, language, religion, political or other opinion or other status, has the following
rights:
(a) To take part in the conduct of public affairs, directly and through freely chosen
representatives;
(b) On the attainment of -18 years of age, to vote in accordance with law;
(c) To vote and to be elected at periodic elections to any office at any level of government;
elections shall be by universal and equal suffrage and shall beheld by secret ballot, guaranteeing
the free expression of the will of the electors.
2. The right of everyone to be a member of his own will in a political organization, labour union,
trade organization, or employers' or professional association shall be respected i{he or she meets
the special and general requirements stipalated by such organization.
3. Elections to positions of responsibility within any of the organizations referred to under sub-
Article 2 of this Article shall be conducted in a free and democratic manner.

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4. The provisions of sub-Articles 2 and 3 of this Article shall apply to civic organizations which
significantly affect the public interest.
Article 102
Election Board
1. There shall be established a National Election Board independent of any influence, to conduct
in an impartial manner free and fair election in Federal and State constituencies.
2. Members of the Board shall be appointed by the House of Peoples' Representatives upon
recommendation of the Prime Minister. Particulars shall be determined by law.