Kitabı oxu: «Constitution of Ethiopia»
The Government of Ethiopia
Constitution of Ethiopia
Published by Good Press, 2022
EAN 4064066458898
Table of Contents
PREAMBLE
CHAPTER ONE: GENERAL PROVISIONS
Article 1: Nomenclature of the State
Article 2: Ethiopian Territorial Jurisdiction
Article 3: The Ethiopian Flag
Article 4: National Anthem of Ethiopia
Article 5: Languages
Article 6: Nationality
Article 7: Gender Reference
CHAPTER TWO: FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION
Article 8: Sovereignty of the people
Article 9: Supremacy of the Constitution
Article 10:Human and Democratic Rights
Article 11: Separation of State and Religion
Article 12: Conduct and Accountability of Government
CHAPTER THREE: FUNDAMENTAL RIGHTS AND FREEDOMS
Article 13: Scope of Application and Interpretation
PART ONE: HUMAN RIGHTS
PART TWO: DEMOCRATIC RIGHTS
CHAPTER FOUR: STATE STRUCTURE
Article 45: Form of Government
Article 46: States of the Federation
Article 47: Member States of the Federal Democratic Republic
Article 48: State Border Changes
Article 49: Capital City
CHAPTER FIVE: THE STRUCTURE AND DIVISION OF POWERS
Article 50: Structure of the Organs of State
Article 51: Powers and Functions of the Federal Government
Article 52: Powers and Functions of States
CHAPTER SIX: THE FEDERAL HOUSES
Article 53: The Federal Houses
Part one: The House of Peoples’ Representatives
PART TWO: THE HOUSE OF THE FEDERATION
CHAPTER SEVEN: THE PRESIDENT OF THE REPUBLIC
Article 69: The President
Article 70: Nomination and Appointment of the President
Article 71: Powers and Functions of the President
CHAPTER EIGHT: THE EXECUTIVE
Article 72: The Powers of the Executive
Article 73: Appointment of the Prime Minister
Article 74: Powers and Functions of the Prime Minister
Article 75: Deputy Prime Minister
Article 76: The Council of Ministers
Article 77: Powers and Functions of the Council of Ministers
CHAPTER NINE: STRUCTURE AND POWERS OF THE COURTS
Article 78: Independence of the Judiciary
Article 79: Judicial Powers
Article 80: Concurrent Jurisdiction of Courts
Article 81: Appointment of Judges
Article 82: Structure of the Council of Constitutional Inquiry
Article 83: Interpretation of the Constitution
Article 84: Powers and Functions of the Council of Constitutional Inquiry
CHAPTER TEN: NATIONAL POLICY PRINCIPLES AND OBJECTIVES
Article 85: Objectives
Article 86: Principles for External Relations
Article 87: Principles for National Defence
Article 88: Political Objectives
Article 89: Economic Objectives
Article 90: Social Objectives
Article 91: Cultural Objectives
Article 92: Environmental Objectives
CHAPTER ELEVEN: MISCELLANEOUS PROVISIONS
Article 93: Declaration of State of Emergency
Article 94: Financial Expenditures
Article 95: Revenue
Article 96: Federal Power of Taxation
Article 97: State Power of Taxation
Article 98: Concurrent Power of Taxation
Article 99: Undesignated Powers of Taxation
Article 100: Directives on Taxation
Article 101: The Auditor General
Article 102: Election Board
Article 103: Population Census Commission
Article 104: Initiation of Amendments
Article 105: Amendment of the Constitution
Article 106: The Version with Final Legal Authority
PREAMBLE
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We, the Nations, Nationalities and Peoples of Ethiopia:
Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development;
Firmly convinced that the fulfillment of this objective requires full respect of individual and people’s fundamental freedoms and rights, to live together on the basis of equality and without any sexual, religious or cultural discrimination;
Further convinced that by continuing to live with our rich and proud cultural legacies in territories we have long inhabited, have, through continuous interaction on various levels and forms of life, built up common interest and have also contributed to the emergence of a common outlook;
Fully cognizant that our common destiny can best be served by rectifying historically unjust relationships and by further promoting our shared interests;
Convinced that to live as one economic community is necessary in order to create sustainable and mutually supportive conditions for ensuring respect for our rights and freedoms and for the collective promotion of our interests;
Determined to consolidate, as a lasting legacy, the peace and the prospect of a democratic order which our struggles and sacrifices have brought about;
Have therefore adopted, on 8 December 1994 this constitution through representatives we have duly elected for this purpose as an instrument that binds us in a mutual commitment to fulfill the objectives and the principles set forth above.
CHAPTER ONE: GENERAL PROVISIONS
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Article 1: Nomenclature of the State
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This Constitution establishes a Federal and Democratic State structure. Accordingly, the Ethiopian state shall be known as the Federal Democratic Republic of Ethiopia.
Article 2: Ethiopian Territorial Jurisdiction
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The territorial jurisdiction of Ethiopia shall comprise the territory of the members of the Federation and its boundaries shall be as determined by international agreements.
Article 3: The Ethiopian Flag
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1. 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. The three colors shall be set horizontally in equal dimension. 2. The national emblem on the flag shall reflect the hope of the Nations, Nationalities, Peoples as well as religious communities of Ethiopia to live together in equality and unity. 3. Members of the Federation may have their respective flags and emblems and shall determine the details thereof through their respective legislatures.
Article 4: National Anthem of Ethiopia
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The national anthem of Ethiopia, to be determined by law, shall reflect the ideals of the Constitution, the Commitment of the Peoples of Ethiopia to live together in a democratic order and of their common destiny.
Article 5: Languages
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1. All Ethiopian languages shall enjoy equal state recognition. 2. Amharic shall be the working language of the Federal Government. 3. Members of the Federation may by law determine their respective working languages.
Article 6: Nationality
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1. Any person of either sex shall be an Ethiopian national where both or either parent is Ethiopian. 2. Foreign nationals may acquire Ethiopian nationality. 3. Particulars relating to nationality shall be determined by law.
Article 7: Gender Reference
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Provisions of this Constitution set out in the masculine gender shall also apply to the feminine gender.
CHAPTER TWO: FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION
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Article 8: Sovereignty of the people
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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
Article 9: Supremacy of the Constitution
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1. The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Constitution shall be of no effect. 2. All citizens, organs of state, political organizations, other associations as well as their officials have the duty to ensure observance of the Constitution and to obey it. 3. It is prohibited to assume state power in any manner other than that provided under the Constitution. 4. All international agreements ratified by Ethiopia are an integral part of the law of the land.
Article 10:Human and Democratic Rights
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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 11: Separation of State and Religion
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1. State and religion are separate. 2. There shall be no state religion. 3. The state shall not interfere in religious matters and religion shall not interfere in state affairs.
Article 12: Conduct and Accountability of Government
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1. The conduct of affairs of government shall be transparent. 2. Any public official or an elected representative is accountable for any failure in official duties. 3. In case of loss of confidence, the people may recall an elected representative. The particulars of recall shall be determined by law.
CHAPTER THREE: FUNDAMENTAL RIGHTS AND FREEDOMS
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Article 13: Scope of Application and Interpretation
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1. All Federal and State legislative, executive and judicial organs at all levels shall have the responsibility and duty to respect and enforce the provisions of this Chapter. 2. The fundamental rights and freedoms specified in this Chapter 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.
PART ONE: HUMAN RIGHTS
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Article 14: Rights to life, the Security of Person and Liberty
Every person has the inviolable and inalienable right to life the security of person and liberty.
Article 15: Right to Life
Every person has the right to life. No person may be deprived of his life except as a punishment for a serious criminal offence determined by law.
Article 16: The Right of the Security of Person
Every one has the right to protection against bodily harm.
Article 17: Right to Liberty
1. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law. 2. No person may be subjected to arbitrary arrest, and no person may be detained without a charge or conviction against him.
Article 18: Prohibition against Inhuman Treatment
1. Everyone has the right to protection against cruel, inhuman or degrading treatment or punishment. 2. No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited. 3. No one shall be required to perform forced or compulsory labour. 4. For the purpose of sub-Article 3 of this Article the phrase "forced or compulsory labour" shall not include: (a) Any work or service normally required of a person who is under detention in consequence of a lawful order, or of a person during conditional release from such detention; (b) In the case of conscientious objectors, any service exacted in lieu of compulsory military service; (c) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (d) Any economic and social development activity voluntarily performed by a community within its locality.
Article 19: Right of Persons Arrested
1. Persons arrested have the right to be informed promptly, in a language they understand, of the reasons for their arrest and of any charge against them. 2. Persons arrested have the right to remain silent. Upon arrest, they have the right to be informed promptly, in a language they understand, that any statement they make may be used as evidence against them in court. 3. Persons arrested have the right to be brought before a court within 48 hours of their arrest. Such time shall not include the time reasonably required for the journey from the place of arrest to the court. On appearing before a court, they have the right to be given prompt and specific explanation of the reasons for their arrest due to the alleged crime committed. 4. All persons have an inalienable right to petition the court to order their physical release where the arresting police officer or the law enforcer fails to bring them before a court within the prescribed time and to provide reasons for their arrest. Where the interest of justice requires, the court may order the arrested person to remain in custody or, when requested remand him for a time strictly required to carry out the necessary investigation. In determining the additional time necessary for investigation, the court shall ensure that the responsible law enforcement authorities carry out the investigation respecting the arrested person’s right to a speedy trial. 5. Persons arrested shall not be compelled to make confessions or admissions which could be used in evidence against them. Any evidence obtained under coercion shall not be admissible. 6. Persons arrested have the right to be released on bail. In exceptional circumstances prescribed by law, the court may deny bail or demand adequate guarantee for the conditional release of the arrested person.
Article 20: Rights of Persons Accused
1. Accused persons have the right to a public trial by an ordinary court of law within a reasonable time after having been charged. The court may hear cases in a closed session only with a view to protecting the right to privacy of the parties concerned, public morals and national security. 2. Accused persons have the right to be informed with sufficient particulars of the charge brought against them and to be given the charge in writing. 3. During proceedings accused persons have the right to be presumed innocent until proved guilty according to law and not to be compelled to testify against themselves. 4. Accused persons have the right to full access to any evidence presented against them, to examine witnesses testifying against them, to adduce or to have evidence produced in their own defence, and to obtain the attendance of and examination of witnesses on their behalf before the court. 5. Accused persons have the right to be represented by legal counsel of their choice, and, if they do not have sufficient means to pay for it and miscarriage of justice would result, to be provided with legal representation at state expense. 6. All persons have the right of appeal to the competent court against an order or a judgment of the court which first heard the case. 7. They have the right to request for the assistance of an interpreter at state expense where the court proceedings are conducted in a language they do not understand.
Article 21: The Rights of Persons Held in Custody and Convicted Prisoners
1. All persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity. 2. All persons shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councilors, medical doctors and their legal counsel.
Article 22: Non-retroactivity of Criminal Law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed. Nor shall a heavier penalty be imposed on any person than the one that was applicable at the time when the criminal offence was committed. 2. Notwithstanding the provisions of sub-Article 1 of this Article, a law promulgated subsequent to the commission of the offence shall apply if it is advantageous to the accused or convicted person.
Article 23: Prohibition of Double Jeopardy
No person shall be liable to be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the criminal law and procedure.
Article 24: Right to Honour and Reputation
1. Everyone has the right to respect for his human dignity, reputation and honour. 2. Everyone has the right to the free development of his personality in a manner compatible with the rights of other citizens. 3. Everyone has the right to recognition every where as a person.
Article 25: Right to Equality
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status.
Article 26: Right to Privacy
1. Everyone has the right to privacy. This right shall include the right not to be subjected to searches of his home, person or property, or the seizure of any property under his personal possession. 2. Everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices. 3. Public officials shall respect and protect these rights. No restrictions may be placed on the enjoyment of such rights except in compelling circumstances and in accordance with specific laws whose purposes shall be the safeguarding of national security or public peace, the prevention of crimes or the protection of health, public morality or the rights and freedoms of others.
Article 27: Freedom of Religion, Belief and Opinion
1. Everyone has the right to freedom of thought, conscience and religion. This right shall include the freedom to hold or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others, and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. Without prejudice to the provisions of sub-Article 2 of Article 90, believers may establish institutions of religious education and administration in order to propagate and organize their religion. 3. No one shall be subject to coercion or other means which would restrict or prevent his freedom to hold a belief of his choice. 4. Parents and legal guardians have the right to bring up their children ensuring their religious and moral education in conformity with their own convictions. 5. Freedom to express or manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, peace, health, education, public morality or the fundamental rights and freedoms of others, and to ensure the independence of the state from religion.
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