The FDRE Constitution; Achievements and Challenges

Introduction
Ethiopia has a very little experience with a written constitution in spite of its
long history of state formation. For this reason, the first written form of constitution
promulgated in Ethiopia in 1931. Prior to that, the country has a far back
constitutional history of unwritten form. Nevertheless, it does not necessarily
implicate the total absence of constitutional rules and principles in the legal history of
the country. For over two decades Ethiopia’s political federation has been organized
around the principle of democratic centralism. This philosophy also lies at the heart
of the ruling Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) coalition,
and its centralized decision-making culture. Until recently, EPRDF policies were
formulated through a top-down process rather than on the basis of local initiatives.
This centralization has helped hold the Ethiopian state together.
Ethiopia's 1995 constitution is a direct result of the government pursuing a
policy of “ethnic democracy.” Ethnicity serves as the foundation for Ethiopia's political
parties and is what motivates the Constitution's two-tiered federal system. In addition
to the central government, there are nine regional states whose borders roughly
trace ethnic lines. The constitutional structure cemented ethnicity as the definitive
issue in Ethiopian politics.
The Derg pursued a policy of Ethiopian nationalism, which often led to human
rights abuses against ethnic groups who did not support the Derg's centralization of
power. The 1995 Constitution reflected both a backlash against the Derg's ethnic
violence and Ethiopia's multitude of ethnic groups. Ethiopia adopted a constitution
that creates a two-tiered federal structure, which, at least in principle, emphasized
ethnic groups' rights and the right to self-determination.
The EPRDF captured the capital, Addis Ababa, on May 28, 1991. In July, a
national conference was held, which included representatives from over 20 ethnic
and regional groups. Two groups were not invited – the Workers Party of Ethiopia,
which disintegrated after the fall of the Derg, and non-ethnic political parties which
had united in exile. Despite the exclusion of those groups, the diverse representation
suggested that the EPRDF was at first willing to allow broad participation in the
constitutional process. However, the EPRDF remained in charge of the conference
and kept participation and the agenda under its control. The conference adopted a
Transitional Charter pending the adoption of the Constitution. The Charter
established an 87-member council, of which the EPRDF held 32 seats. Initially, most
groups supported the transition because of the apparent commitment to pluralism.
Led by the EPRDF, the National Conference decided to build a political
system based on ethnicity, which shaped Ethiopian politics and the constitution-
building process. In January 1992, the Council divided the country into 12 regions,
roughly along ethnic lines. This decision reinforced ethnicity as the guiding force
behind Ethiopian politics and campaign issues. The transitional government created
a Constitutional Drafting Commission. Public forums were held in Ethiopia and
abroad to discuss the opinions of civic organizations and political parties. However,
many of the EPRDF's opposition groups felt that they could not participate fully
unless they agreed with the EPRDF. These groups tried to build coalitions to counter
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the EPRDF, but without much success. In March 1993, some opposition members
held a meeting in Paris, including some members of the Council formed after the
1992 elections. Because of their participation in the meeting, the EPRDF expelled
these groups from the TGE.
In December 1993, the opposition tried again to alter the transition process by
holding a meeting in Addis Ababa called the “Peace and Reconciliation Conference.”
The TGE boycotted the meeting and arrested its leaders who attempted to
participate. The opposition appealed to the United States in the hope that the TGE
could participate in the formation of a new transitional government that would be
more inclusive of other political parties. The opposition met with former President
Jimmy Carter in February 1994, but the strategy failed when the transitional
government declined President Carter's offer to mediate. Consequently, support for
the TGE's framework dropped and the opposition became more marginalized.
On June 5, 1994, elections were held to elect a Constituent Assembly for the
purpose of reforming the constitution. After all the talks failed, the major opposition
parties did not participate in the elections. As a result, the EPRDF won 484 of the
547 seats in the Constituent Assembly. Without any major opposition, the
Constituent Assembly ratified the constitution on December 8, 1994.
As noted above, the Ethiopian constitution creates a two-tiered federal
structure. The Executive Branch consists of the President, Council of State, and the
Prime Minister. The Prime Minister maintains the executive power. The Constitution
creates a bicameral parliamentary system consisting of the House of People's
Representatives and the House of Federation. Electoral districts elect
representatives for the House of People's Representatives every five years. The
House of Federation consists of at least one representative from each “Nation,
Nationality and People.” The House of People's Representatives decides issues
related national infrastructure, nationality, war, and federal statutes. The House of
Federation maintains control of issues related to states' rights, including “the right to
secession.”
There are also nine states within Ethiopia, which are drawn along ethnic lines.
Each state maintains its own legislative, executive, and judicial branches. The State
Council is the highest authority in each state, and it has the authority to amend the
state constitution. Each state is subdivided into smaller local governments. The
Constitution calls for each State Council to decentralize the administration to the
local authorities.
Constitutional review and reforms
The Ethiopian constitution presently allots review powers to the second
chamber of the federal parliament, the House of the Federation, rather than the
judiciary. In principle, the House, whose members are representatives of the nations,
nationalities and peoples selected by the regional councils, can quash government
decisions that violate the constitution. This means that a federal-regional dispute on
the scope of federal and regional powers is to be settled by a representative organ of
the regional states. In practice, since all regional states were dominated by core or
affiliate EPRDF parties, such challenges were rare (in some cases, the House had to

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decide on the scope of federal and regional powers related to land administration).
Entrusting the power of constitutional review to the judiciary would provide a more
neutral and effective mechanism of managing the federal-regional relationship.
Reform of the principles of representation in the House of the Federation
should also be considered. While all ethnic groups are entitled to one representative,
they are also entitled to an additional representative for each one million people. This
means that the House is dominated by large ethnic groups (such as the Oromo and
Amhara) and ethnically diverse regional states (such as the Southern Region).
The weight of numbers arguably allows for unequal ethnic and regional
representation overall, and it can undermine the perception of equal treatment by the
House’s decisions, for example on issues such as inter-regional conflicts or the
formula for federal-regional budget transfer. Entrusting constitutional review power to
the judiciary rather than to a political body would not only benefit the management of
the federal system, it would also strengthen the rule of law and create more effective
mechanisms of human rights enforcement.

Achievements of the FDRE Constitution

The development of Ethiopia is characterized by a number of paradoxes that

raise both challenging and interesting questions in respect of the country’s future
trajectory. For many decades, Ethiopia was suffered by lack of democracy in which
the political power is monopolized by the central government and the grass root

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people excluded from political decision process. The countless undemocratic

measures had been taken by Ethiopian rulers before the current ruling party come to
power. Due to this reason, the current ruling party, predominantly TPLF made
bloodshed struggle to overthrow the dictatorial regime i.e., Derg and they become
successful with the help of other Ethiopian people.
After the EPRDF party took the power different remarkable achievements like
introduction of federal state structure, self-determination, and equality of nation
nationality and peoples are promulgated. In addition, it proposed liberalization of key
economic sectors, including telecommunications, energy, and air transport.
The Constitution gives recognition to five fundamental principles; to be precise
the principles of popular sovereignty (art. 8), constitutionalism and constitutional
supremacy (art. 9), sanctity of human rights (art. 10), secularism (art. 11) and
accountability and transparency of government (Art.12). The Constitution embodied
fundamental principles, which give a background to many of the rules that emerge in
subsequent Chapters there by setting the framework for a better understanding and
interpretation of the rules.
The FDRE constitution has a wider coverage of both human and democratic
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. The 1995 Constitution has some salient features. Getahun
(2007: 79) mentioned the “introduction of a federal form of governance and the
assignment of the competence of determining constitutionality to the second
chamber of the parliament” among the other things. Besides, the FDRE (1995)
Constitution takes a breakthrough departure in the constitutional history of the
country by embodying many of the core egalitarian principles including the principle
of self-determination of collectivities, rule of law, democracy, development,
fundamental rights and freedoms, equality and non-discrimination, sustainable peace
and affirmative action in its preamble part.
The foundation of the observance of the human rights in Ethiopia is the FDRE
Constitution, which was ratified in 1994. The Constitution is the supreme law of the
land and the source and basis of legality of all other laws. The FDRE Constitution
classifies human rights as one of its five fundamental principles and declares that
human rights and freedoms, emanating from the nature of mankind, are inviolable
and inalienable and that the human rights of citizens and peoples are respected. The
Constitution further empowers all Federal and State legislative, executive and judicial
organs at all levels with the responsibility and duty to respect and enforce the
Constitutional provisions of human rights. The FDRE Constitution has established a
national human rights regime by recognizing most of the human rights entitlements
acknowledged by the core international and regional human rights instruments.
These rights cover civil and political rights (arts. 14 to 38), socio-economic rights
(arts. 41 to 42) and group rights (arts. 39, 43 and 44). About one-third of the
Constitution is devoted to enshrining fundamental rights and freedoms. Accordingly,
most civil and political rights and economic, social and cultural rights as well as
environmental rights and the right to development are stipulated in detail. Further

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Article 9/4/ and Article 13 of the Constitution state that international agreements
ratified by Ethiopia are an integral part of the law of the land and the fundamental
rights and freedoms specified in the Constitution are to be interpreted in a manner
conforming to the principles of the UDHR, International Covenants on Human Rights
and international instruments adopted by Ethiopia. Moreover, the Constitution gives
outstanding emphasis to the rights of women, children, persons with disability, and of
nation, nationalities, and peoples. Besides including a vast of human rights, there are
others of which some are listed below:
 Liberty Right: is a freedom given for the right-holder to do something
and there are no obligations on other parties to do or not to do anything
to aid the bearer to enjoy such rights. The beholder got benefits from
liberty rights without obliging others. Furthermore, no one including the
State has any legitimate authority to interfere with the citizen’s freedom
except to prevent harm to others. For instance, every citizen has the
right to movement. His/her right to movement goes to the level where
another’s claim right limits his/her freedom.
 Claim Rights: are the inverse of liberty rights since it entails
responsibility upon another person or body. The duty bearer has to
accomplish something that is indispensable for right holders to enjoy
the claim rights. That is, there must be somebody who is there to do or
refrain from doing something to/for the claim holder. The employee
has a claim that the employer has a duty to the employee to pay those
wages. Article 41(3 and 4) of the FDRE constitution underlines the
responsibility of the government to avail publicly funded social services
such as health and education since all Ethiopian citizens have the
rights to enjoy such basic privileges.
 Liberty and claim rights termed as primary rules which require people to
perform or refrain from doing particular action.
 Powers Rights: are rights regarding the modification of first-order
rights. They are cooperative controls that are imposed on others. The
holder of a power, be it a government or a citizen, can change or
cancel other people and his/her own entitlements. Article 40(1) of the
FDRE constitution asserts that Ethiopian citizens have the rights to the
ownership of private property and to modify, sale, donate or transfer
their property to a third party. As it is stated in Article 33(3) the FDRE
constitution, every Ethiopian citizen has the right to renounce his/her
Ethiopian citizenship/nationality which shows the power rights of the
citizens. Similarly, a government has also the power to modify legal
rights through imposing to or removing duties from citizens.
 Immunity Rights: allow bearers escape from controls and thus they
are the opposite of power rights. Immunity rights entail the absence of
a power in other party to alter the right-holder’s normative situation in
some way. For instance, civil servants have a right not to be dismissed
from their job after a new government comes to power. Witness in the
court has a right not to be ordered to incriminate himself/herself.
Additionally, it is affirmed in Article 18(3) of the FDRE constitution, “no
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one shall be required to perform forced or compulsory labour”.

Immunities also comprise compensation for rights violations that
occurred in the past and at least partially make up for past injustices or
uneven burdens.

Challenges of the FDRE Constitution in the Real World

The Prevalence of Media Extremists: the hate speech repeatedly written via
social media initiated one ethnic group to stand over the other. Hence, enacting
media law regarding hate speech and make the extremists calm down and refrain
from hat speech is a challenge for the reform.
Ethnic and Communal Conflict: another major gravest challenge is
insecurity and ethnocentrism driven by rising animosity among Ethiopia’s ethnic

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groups. Longstanding grievances among Ethiopia’s ethnic groups are becoming

more acute. At the same time, ethno-nationalist sentiment around the country is on
the rise, with ethnic movements using increasingly incendiary rhetoric about other
groups and pressuring parties within the ruling coalition toward more confrontational
policies. Therefore, calming ethnic and communal conflict erupt by waiting time also
need perpetual solution.
Political Uncertainty: political uncertainty generated has been one of the
challenges that exacerbated by increasing polarization among political elites. In
addition to this, though the reform is considered as the chapter for change and
negotiation, the prime minister himself publicly declared that we don’t amend the
constitution for one ethnic group and bargaining by the federal system. So,
articulating political stand and fair treatment of all ethnic groups are also another
challenge that need to do much.
High Living Conditions and Money Laundering: fostering economic benefit
of the people is also an acute challenge that needs prioritising. The country’s
economy is already in a perilous state. The country’s economic growth over the last
decade was fuelled by massive borrowing that has created a debt burden of more
than $24 billion, which Addis struggles to service. Moreover, in recent years, prices
have sky-rocketed even as unemployment has increased. Compounding the problem
are the public’s rising expectations, notably in the urban population that is more
aware of the economy’s weaknesses. Disappointment and frustration are especially
acute among job-seeking youths joining the country’s expanding labour pool only to
find that there are few meaningful prospects. Even if many Ethiopian seen the
change can brought economic benefit, the living condition become high and high.
Hence, money youngsters are involved in various criminal activates like becoming
illegal brokers of goods and services, robbers and so on.
Furthermore, an extensive engagement of the old system in money
laundering outside of the country that has potential to cover all loan of Ethiopia need
much bargaining from depositor countries to return the money. With the lack of
impartial Institutions, the leaders will also go with the same path. Hence, establishing
impartial democratic institution in which the public trust them is also another
challenge that badly need much work.
The risk to self-determination and minority rights: according to the federal
constitution (Article 39) all nations, nationalities and peoples have a right to self-
determination, which includes the right to territorial self-rule and even secession. In a
country with more than 80 nations, nationalities and peoples, the EPRDF’s
democratic centralist political hold at the centre blocked the potentially disintegrative
effect of these provisions. While this political management has prevented further
fragmentation, it has simultaneously undermined the constitutional provisions and
constitutionalism in general.
The EPRDF’s uncertain future—at least in its present democratic centralist
form—is likely to prompt an avalanche of claims for self-determination (both old and
new), making it a priority to design constitutional mechanisms that offer a better
balance between diversity and unity. A new, potentially more plural, political

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environment will require vigorous institutional protection of ethnic minorities, which

necessitates both preventive and remedial legal measures.
The likelihood of human rights violations against members of ethnic minority
communities can be reduced if political institutions, such as legislative and executive
councils, are made ethnically inclusive. Presently, the political institutions of several
regions are dominated, and in some cases monopolized, by single ethnic groups, on
whose behalf the state or region has been established.
Regionally autonomous policy-making: the present political transition has
precipitated a stronger claim to autonomy by the regional states. Yet the
constitutional distribution of powers between the federal government and the
regional states—and the autonomy of the latter—is far from clear. Article 51(2) of the
constitution, for example, stipulates that the federal government ‘shall formulate and
implement the country’s policies, strategies and plans in respect of overall economic,
social and development matters.’ The federal government can, as a result of this
vague drafting, enact policies in a potentially wide range of areas. Yet, Article 52(2c)
of the constitution stipulates that the regional states can also ‘formulate and execute
economic, social and development policies, strategies and plans.’
Regional states do have policy-making autonomy, the scope of which is not
clearly determined. A clearer division of powers between the federal government and
the regions is necessary. The distribution of powers between the federal government
and the regions needs more robust formalized mechanisms of intergovernmental
relations and requires a serious revision of the constitutional interpretation and
review mechanisms.

Under-fire articles of Ethiopian constitution

There are some articles that are the cause and problem of different societies and
ethnic groups. Most people call them articles under fire. Since that we can refer
these articles as challenges of the constitution. 

o The Ethiopian Flag- Article 3 (1) of the constitution says “The

Ethiopian flag shall consist of green at the top, yellow in the middle
and red at the bottom, and shall have a national emblem at the
center”.  Accordingly, the Flag and Emblem Proclamation No.
16/1996 Proclamation No. 48/1996 Flag and Emblem Amendment
and Flag Proclamation No. 654/2009 enacted. The opponents of
Article 3 of the constitution gave different meanings to the logo of
the FDRE and the flag introduced by the constitution and
subsequent laws and rejected it. The Ethiopian government
basically failed to enforce its own constitution and laws in this
regard. It is bizarre to see something legal considered illegal and
vice versa. Ethiopia is becoming a country where mob makes the
law and where the leaders follow the crowd rather than leading the
crowd.
o Article 3(3) of the constitution of FDRE also authorizes the member
states of the Federation to have their respective flags and emblems.
However, the pro unitary groups are denouncing having state flags

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and emblems. Few vocal individuals are trying to give guidance to

the government through the TV stations, radios and internet. The
majority is simply in the receiving mode. As Plato said "One of the
penalties for refusing to participate in politics is that you end up
being governed by your inferiors." That is what we are observing in
Ethiopia.

o Article 47, Member States of the Federal Democratic

Republic- Article 47 of the constitution lists the member states of
the Federal Democratic Republic of Ethiopia and enshrines the right
of Nations, Nationalities and Peoples to establish their own States.
The same group that attacks Article 39 also attacks Article 47 of the
constitution. They advocate for the drawing of state boundaries
along the geographic line like rivers, mountains, valleys or
imaginary lines like longitude and latitude or economic lines like
coffee grower, khat grower, farmer, pastoralist, etc.  

There are other major articles of the constitution that are under attacks including the
following:

o Article 40 (3) which says “Land is a common property of the Nations,

Nationalities and Peoples of Ethiopia and shall not be subject to sale or to
other means of exchange”. Some want land to be sold like any ordinary
commodity.
o Article 45 which says “The Federal Democratic Republic of Ethiopia shall
have a parliamentarian form of government”. Some want presidential form
of government.
o Article 5 which says
“1-all Ethiopian languages shall enjoy equal state recognition.”
“2-Amharic shall be the working language of the Federal government.”
Some wants this to be changed and say “Amharic is the official language
of Ethiopia
o Article 49 which stipulates “the special interest of the state of Oromia in
Addis Ababa.

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References:
 Moral & Citizenship Education (MCED 1011) Module
 Constitutional History of Ethiopia:
https://constitutionnet.org/country/constitutional-history-ethiopia
 Post 2018 political reforms in Ethiopia: Its achievements and
challenges (pdf): https://www.researchgate.net
 The Challenge of Reform within Ethiopia's Constitutional Order (pdf):
https://www.researchgate.net

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