1

Civics and Ethical Education

Group Assignment

Group 8

Name Id no

1 tekelu Tsegaye NSR/8749/08

2 Tekile Tesema NSR/8571/08

3 Tizazu Sifir NSR/9639/08

4 Solomon Abebe NSR/8811/08

5 Natnael Hambebo NSR/4416/08

6 Demeke Degfe NSR/2006/08

7 Mesele Melkamu NSR/2127/08

8 Esayas Sisay NSR/1308/08

9 Haymanot Mekuanint NSR/1352/08

10 yedeneku Getachew NSR/9846/08
Sumitted to:-Hagos W/Kidan

December 2015

2
3
4
Addis Ababa University

College of Business and Economics

Department of Accounting and Finance

Assignment on:- Civic and ethical education

Group 4

Group members

Name Id No

1. Hlina Solomon BER/7004/07

2. KomcheZelelew BER/3689/07

3. LidyaPetros BER/1657/07

4. MelakuMekonnen BER/2435/07

5. MeleseShibeshi BER/ 5136/07

5
Submitted To:Adem K.

Comparative analysis
of
Ethiopianconstitutions
6
of the 1931,1955,
1987 and 1995
constitution of
Ethiopia
Content

Pages

1.Introduction
. 4
2. Overview of Ethiopian constitution5
3. The 1931 constitution..5
4. The 1955 constitution..7
5. The mechanism of enforcing the supremacy..9
of the revised constitution of 1955
6.The draft constitution of
197410
7.The PDRE
constitution
11

7
 8.The FDRE
constitution
15
9.Article comparison among constitutions
of..18
1955, 1987 and 1995

10. Comparisons
table...21

11.
summary
..23

8
 INTRODUCTION
Ethiopia has adopted four constitutions for the last seven decades. The

two imperial constitutions were based on the same premiseboth sought to

promote the principle of political and legal centralization. Both were based on

the same tools of legitimacy the legend of the solomonic Dynasty and religion.

The next constitution, even if it did not alter the ideals of political and legal

unification or centralization, came up with a fundamentally different ideology.

The ideological basis of this constitution was the construction of an egalitarian

society the present constitution rests on the ideal of unity through diversity by

attempting to entrench group right. The four constitution of Ethiopia have not

pursued the same ideals; they rather promote quite different assumption,

threat is why it is said that the Ethiopian formal legal system lacks stability in

the sense that it has gone through major breaks with the past. Significance of

the write a constitution

The introduction of the written constitution was the result of the

browning interaction between Ethiopia and western Europa. These interactions

revealed Ethiopias technological backwardness and whetted its appetite for

modernization. Hence the written constitution manifested a police decision at

the highest level for Ethiopia to become a modern state.

Ethiopia from her to convince the world that she was modernizing and

taking her place among the civilize state. This was mainly in order to overt the

possibility of having to defend her sovereignty by force. In joining the league,

Ethiopia has agreed to accept periodic advice the league offered regarding the

condition of her subject and the modernizing of firearms. Positively viewed, the

9
league concern was the de facto abolition of slavery and the enhancement of

human of dignity as well as to halt arms accumulation in Africa.

Overview of the Ethiopian constitution

The Launching of the written constitution in 1931 was for more

successful in terms of internal accomplishments. Maintained throughout the

write constitution formalizes the centralization of government powers.

The creation of administrative units headed by appointed chiefs.

The establishment of a standing army

The setting up of a ministerial frame work were step in the process

of constitutional centralization

The introduction of the written constitution was a low-keyed

indirect coup detate on the traditional constitution. It made the monarchies

accessible to limiting influence of church and mobility.

A major innovation of the written constitution was the provision for

deliberative chambers, which effected a profound change for the nobility

The primary function of the Deliberative chamber was advisory.

The chamber could neither refuse to deliberate on proposal sent to them nor

initiate legislation themselves.

The written constitutions introduction thus was a calculated move

to invest leverage in the monarchy.

10
 Another innovation of the written constitution was the concept of a

fixed annual budget for government.

The 1931 constitution

Before 1931, Ethiopia did not have a written constitution various

emperors ruled the country without regard to such constitutional principles as

separation of power and the rule of law. The emperors enjoyed absolute power;

they did not know of any legal limitations. After1931,Ethiopia, started

experiencing a written constitution. Ethiopian has long history of people and

state yet, Ethiopia has little experience with written constitution.

This period starts with promulgation of the first written constitution

1931. This constitutional principle is separation of power and the rule of law.

The emperors enjoyed absolute power they did not know of any legal limitation.

Ethiopia has history of people and state. Yet, Ethiopian has little experience

with written constitution.

This period starts with the promulgation of the first written constitution

in 1931. This constitution has a couple of function. Domestically, it was

designs to serve as an instrument of legitimization of the powers of Ethiopian

monarchs. Internationally the constitution meant to play the role of

modernization. The constitution established the legal framework for

absolutism.

The constitution did not address the issue of ethnic and religious

diversity. The constitution did not contain the rights of citizens

Two factors made the 1931 constitution inadequate one way the changing

political climate of the early nineteen fifties and especially Ethiopias federation

11
with Eretria in 1952 led the country to revise its constitution. As a compared

with the liberal constitution adopted in Eritrea the 1931 constitution seemed

somehow backward. Emperor Hailesilassie I hoped that a new constitution

might be used to bring Eritrea more closely under the control of the central

government in Addis Ababa. The second one is supporters of reform further

urged that Ethiopia was being criticized for the illiberality of the existing

constitution both a broad and by the growing number of educated Ethiopians.

These supporters through that it would be wise to anticipatedemand for change

before it become obviously that the government was giving in to pressure .

The 1931 Ethiopian constitution was guarantees of civil liberties were

constrained by nullifiers such as within the limits provided for by the law or

except in cases provided for in the law.

Ethiopians constitution of 1931, modeled on Japans Meil constitution of 1889,

best illustrated Ethiopias based to follow in Japans progressive footsteps.

The constitution heralded the supreme rule of the emperor in all field of

governmental powers; there was no separation of power. Even if a by cameral

parliament was instituted, its function were mainly as an advisory body of

legislative matter to the emperor. The human right guarantees recognized in

the constitution were few and such werent comprehensive enough to address

allthe necessary situation furthermore, the human right provision were

susceptible to wide derogation powers of the Emperor.

The 1931 constitution didnt have a supremacy clause or any mechanism of

enforcing supremacy. The only reference to the special status of the

constitution could be found in the Decree given by the Emperor on the occasion

of the promulgation of the constitution. The Emperor said The constitution is

12
to serve as the basis for the maintenance of the Ethiopian Government and

of the law which are based on it.

The 1955 constitution

This revised constitution was a long time in preparation the emperor said that

the process is took six years. It was noted in July 1952 that the revision was

under way. The lengthy procedure itself marks a considerable development

from the informal drafting of 1931.

The revised constitution solidified absolutism of the monarchy. Two chapters

were devoted to the institution of the monarchy. Thesetwo chapters dealt with

the Solomonicroot of the dynasty, the sacredness of the person and dignity of

the emperor, etc. there were provisions indicating the emperor power over the

executive and the judiciary. He could veto power legislation passed by the

parliament.

The 1955 Revised constitution replaced the 1931 constitution the

constitution was a grant for it was not aproduct of popular vote. This

constitution consolidated absolutism the constitution created the impression

that Ethiopian is modern. The revised constitution was, among others, an

attempt to solve the problem created by the side existence of the 1931

constitution with the more advanced constitution of Eritrea, which since 1952,

had been federated with Ethiopia as per the decision of the united nations.

He had the power to issue decrees on emergency situations when the

parliament is not in session. He is the commander in chief of the army. He

guides and directs all activities pertaining to foreign relations. Taking

13
advantage of the absence of the principle of secularism and being defender of

the holy orthodox faith he exercised power over the church decreasesedicts

and regulation. The approved the election and appointment of the patriarch

The first formal step appears to have been the setting up of a committee of

ministers under the chairmanship of the prime minster. The name of the prime

minster was BitwadedMekonnenEndalkachew. This committee suggested a

number of changes to the existing constitution. Thus, suggested change

included provision on the status of the family, non-retroactivity of legislation,

and Freedom of speech and assembly, the liability of minsters and civil

servants and the need for additional parliamentary of large cities.

This suggestion in turn served abuse for the work of the constitutional

commission. The commission worked in a house in the palace grounds with the

close supervision of the Emperor. Three American legal advisory did most of its

detailed work. Even if these foreign experts prepared the most part of the draft,

they worked under the close supervision of Ethiopian officials. The commission

started intensive work in the summer of 1953. It first completed draft was

dated 2 February 1954. It was written in English. Andit was translated into

Amharic by the Imperial chronicles Department. Twenty one men they were to

elapse between this draft and the Final promulgation of the revised

constitution. This fact indicates the leisurely pace at which the revision was

carried out. This fact also suggests that the government was under no urgent

pressure for reform.

The draft was then submitted for revision and review to the Emperor, the

leaders of the church and the nobility, and important officials, five amended

version were produced between February 1954 and June 1955, adapting the

original to their suggestions. As in 1931, the agreement of the major figures of

14
the country was needed. The agreement was necessary to secure a general

acceptance of the new constitution. And in particular, the agreement was

needed to persuade conservative nobles and churchmen to accept its more

liberal aspects. This process was carried and more institutionally than in 1931.

RasKasa took the role of convincing the conservatives to accept the most

liberal aspect of the revised constitution. RasKassa was the causin of the

Emperor and was the most influential figures of the day. RasKass was one of

the great lords who had considered the constitution of 1931, and so great was

the respect in which the church and the noblemen held them that his support

was essential for general consensus.

The Mechanism of enforcing the supremacy of the revised

constitution of 1955

As indicated at the beginning of this section, the 1955 constitution was

improvement to the 1931 constitution and this was attribute to the influence of

the Ethio-Eritrean Federation and them emerging norms of international

human rights documents (Art. 108)

As regard the judicial power, the following provision were provided

The judicial power shall be vested in the courts established by law and

shall be exercised by the courts with the law and in the name of the

Emperor (Art 110)

The judges shall be independent in conducting trials and giving judgment

in accordance with the law.

Any resident of the Empire may bring suit, in the courts of Ethiopia,

against the Government, or any ministry, Department, Agency or

15
 instrumentality therefore wrongful acts resulting in substantial damage

(Art. 62(b))

The draft constitution 1974

The principal aim of the draft constitution was to clams down the various

uprisings against his rule among others, by trying to put a constitutional

monarchy in place limits the absolute powers of a royal family or institution.

The draft constitution did not come in to effect for the revolution destroyed the

absolute regime.

When compared to the 1955 constitution. Art 21-59 of the draft constitution

provide a more extensive and precisely defined catalog of human Rights, Duties

and responsibility. it is therefore surprising that one of the Dergs reasons for

rejecting the draft constitution was the need to insure the human right of the

people The Dergperhaps wised to add social or socialist human rights to what

was for the most part, a draft in the nineteen the century liberal tradition the

equal protection provision of the 1955 constitution Arts 37-38 are expanded

in the draft constitution to include the right to receiveequal pay and Vote (Arts

46,48) and Art 22 specifically prohibit discrimination on the basis of Birth

property religion race, language or political affiliation freedom of speech and

conscience were substantially broadended and made more precise and

included the specific right to communicate meet and demonstrate and to form

religious political and occupational association (Art 24-25, 27-29)

The draft constitution included that were not present in the

1955 constitution

16
 1. Child labor and forced labor were to be prohibited and freedom of

occupation and the right to join labor unions were more specifically

guaranteed arts, 47 and 49-50.

2. Art 55 recognized rights to free education, health care social securityand

requirement benefits.
3. Art 52, 56-57 it state responsibility of citizens citizens must pay raw

fultaxes; parents must educate their children to at least elementary level;

and responsibility of employ.

4. Art 51 every Ethiopian has the duty to defend the country and the

society against all enemies and to perform public service

5. Article 9 requires that the emperor professes the faith of the Ethiopian

orthodox church, there is no provision that establish this church as a

state is obviously intended a separation of church and state is obviously

intended
Article 22,25 and 30 provided that there is to be no discrimination on the

basis or religion, that freedom of conscience is guaranteed and that

barriers to divorce are abolished.

PDRE Constitution 1987

The people Democratize Republic of Ethiopia on September 10, 1987after

thirteen years of military rule, the nation officially become the peoples of

democratic republic of Ethiopia under a new constitution providing for a

civilian government.

For about six months, the commission debated the details of the new

constitution. In June1986, it issued a 120 articles draft document. The

government printed and distributed 1 million copies to kebels ad peasant

associations throughout the country. The regime used this method of

17
discussion to legitimize the constitution making process and to test the mood if

the populace.

The constitution attempted to situate Ethiopia in the context of the world

wide movement of so called progressive state and made no direct reference to

Africa.

Critics claim that the constitution was no more than an abridged version

of the 1977 soviet constitution, with the exception that strong power were

assigned to the newly create office of the president.

The constitution advocated for socialist values and national unity. The

provision of the constitution affirmed socialist values. The preamble starts by

making the working people of Ethiopia owners of the constitution. It stress

their determination to right back wardens and to transfer the country in to a

socialist society.

Chapter 1: of the constitution defined Ethiopiansocial order.

The peoples democratic Republic of Ethiopia was declared to be a state

of working peasants in which the intelligentsia, the revolutionary army,

artisans and other democratic section of society participate

Chapter 2: dealt with the countrys economic system

The state was dedicated to the creation of a highly interdependent

and integrated national economy and to the establishment of

conditions favorable to development.

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Chapter 3: Addressed social issues, ranging from education and the formally

to historical preservation and cultural heritage

Chapter4: is the subject of national defense

The first article asserted the nations need to defend its severityand

territorial integrity and to safeguarded the accomplishment of the

revolution.

Chapter 5: foreign policy objectives were spelled out in four brief articles. The

foreign policy objectives were based on the principle of proletarian

internationalism, peaceful lox stanceand nonalignment.

Chapter 6 and 7: were concerned with defining citizenship and spelling out the

freedom, right and duties of citizens.

The constitution provided for Ethiopias first independent judiciary. After Haile

Selassie over throw much of the formal structure of the existing

judicial that judicial remained in fact. The constitution stipulated

that judicial authority was visited in one supreme court of

administration and autonomousregions, and other courts

established by law.

P.D.R.E constitution doesnt allow courts to exercise judicial review. Even if the

constitution provides for judicial authority (Art. 100-107), no reference is made

that implied the empowerment of the counts to exercise judicial countral of

constitutionality.

Two institutions were given power in relation to the observation of the

constitution.

19
 1. The National shengo (Parliament)

Art 63 ( ) of the constitution reavired the shengo to . Supervise the

observance of the constitution

The council of state

This organ which was declared to the stallding body of the sheago (Art, 81(11)

was empowered to Ensure the implementation of the constitution and other

laws and Interpret the constitution and other laws (Art, 82( ).

During the early years of socialist Ethiopia the country went through a

horrific period of human right abuse known as the Red terror the red terror

saw the demise of urban opposition to the government by the governments

massive campaign of killing (in which a minimum of 10,000 youth died),

torture, intimidation and summary executions. It wasnt until 1987, thirteen

years after the Revolution that the country saw another constitution.

The workers party of Ethiopia with the goal of transforming the country into a

Marxist. Leninist state enacted the constitution of the PDRE.

Chapter seven of the PDRF constitution was devoted to what it called the

fundamental freedoms, rights and duties of citizens and unlike its

predecessors, focused on economic, social and cultural right such as the hight

to work and rest, the right to free education, the right to conduct research and

engage in creative activity and the right to health cure. It also recognized some

fundamental civil and political right such as; freedom of religions, Press,

assembly and association, equality of all the right of women and due process of

law.

20
Although these rights were recognized by the constitution, the exception

clauses in the constitution made a sweeping change to their contents. Such

exceptions come from qualifying clauses such as the interest of revolution,

the interest of the state, the interest of society and the rights and freedoms

of other individuals. Most of the fundamental rights provisions of the

constitution never became operational. And the constitutions non recognition

of rights claimed by liberations and nationalist movement led to a bloody civil

war which finally brought down the Derg regime in 1991.

The FDRE constitution

The FDRE constitution is a text of 106 articles. The preamble gives the

ownership of the constitution is to the Nation, Nationalities, and peoples of

Ethiopia the right to self-determination the rule of law democracy economic

and social development, equality and non- discrimination are stressed. The

historical and cultural interaction of the people is noted. The need to

ratifyhistorically units of relations is readily pointed out. The aspiration to live

as one economic community is made evident, the text of the constitution

created a federal and state government. Nine sub national states were

recognized as constituting Ethiopia.

By adopting a federal structure the constitution provided for plural law

making institution. Consequently, legislation canaffect acitizen can have two

source i.e. the federal and the state legislatures

The FDRE constitution also provides for a strong executive government

led by a prime minister. The constitution alsostipulated to the effect that an

21
independent judicial power is established. In line with the federal set up, dual

court structure seems to be the trend. The jurisdiction of the federal courts vis-

a vis the state court is stated.

The principal of sovereignty of nation, nationality and people is one of the

pillars of the FDRE constitution, unlike the 1955 revised constitution that

asserts sovereigntyand in all inability of the Ethiopian territory and vests this

ssovereignty of the emperor, the FDRE constitution makes it explicit that All

sovereign power resides in the nations nationality and peoples of

Ethiopia.further attaching to this that the constitution is an expression of the

sovereignty

As with all construction the Ethiopian constitution was drafted to address the

ill of the previous regime and the political turmoil that preceded it. The new

constitution then become a sort of solution or receipt to remedy past mistakes,

and to put the national on the path of a chosen policy, the language of the

Ethiopian constitution makes its goals and remedied very clear, especially

considering Ethiopian history and the strife it has experienced during this

century.

The critics say that the Ethiopian constitutions content is excellent in many

ways. The criticismmainly revolves around the issue of ethnicity in the

constitution and that any reflection of ethnicity in its provisions creates a

surrounded of failure. In the years since the passage of the constitution,

however, despite some cultural road blocks, the fears of secession and ethnic

quarrels have not been realized.The EPDRF constitution embodies several

civil and political right most of which are adopted from the provisions of

UDHR (Universal Declaration of Human Right) the list includes the right

22
to life, to security of the person to liberty, protection against cruel, in

human, or degrading treatment or punishment including the banning of

slavery and trafficking in human beings for whatever reason, and forced

or compulsory labor. The constitution further guarantees the right to

equality and equal protection of the law the right to privacy which may

only be limited if compelling circumstances exist in accordance with

law.

In addition to the constitutional guarantees of fundamental human

right in the country. Ethiopia is now a party to many of the major

international human rights conventions; such as. The international

convent on civil and cultural rights, convention on the Elimination

of an forms of Racial Discrimination, convention on the

suppression and punishment of the crime of Apartheid,

Discrimination in Employment convention, Equal Remuneration

convention, convention on the Elimination of all forms of

Discrimination Against women, convention on political right of

women, convention on the Rights of the child, convention on the

International Right of correction, convention and protocol Relating

to the Right of Refuses, convention and protocol Relating to the

Right of Refugees, convention on the prevention and punishment of

the crime of Genocide, supplementary convention on the abolition

of slavery, the slave Trade and Institution and Practices similar to

slavery, and the African charter on Human and Peoples rights.

The supremacy of the constitution subordinates all laws, practices and

official decisions to the constitution and nullifies them in the case of

23
 contradict it. The idea that international human rights instruments are to

be used as standards in the interpretation of human rights provision is

another concept built into the constitution.

The principle of secularism is also another principle laid down in the FDRE

constitution. In this case the state and religion is clearly separated that

means the religion does not intervene to government affairs and the state

also limited interference in religion.

The FDRE constitution includes the following principles
o Supremacy of the constitution-constitution is umbrella law.

thatmeans all laws are subordinate from it.

o Human right and democratic rights the constitution declares that

human rights and freedoms are inviolable, inalienable and

independent.
o The constitution also proclaimed some democratic rights. Such as,

the right to thought, opinion and expression

o The right to association
o The right to movement
o The right to self-determination
o The right to Assembly, Demonstration and Petition.
The principle of sovereignty of nations, Nationalities and peoples is one of

the pillars of the FDRE constitution. All sovereign power resides in the

nations, nationalities and peoples of Ethiopia. Further attacking to this that

the constitution is an expression of their sovergnity

The principles of transparency and accountability of the government.
o The conduct of affairs of government shall be transparent. It also

stresses the fact that any public official or an elected

representative is accountable for any failure in official duties.

o In this principle the prime minister and the council of ministers

accountable to House of peoples representatives.

o There is the requirement that the council of ministers get the

approval of the HPR in order to exercise its emergency power.

24
 o There is also the need to consult the people on environmental

policies. These rules are example of rules that reinforce

theprinciple of accountability and transparency of the government.

Article comparison among the constitutions of 1955,1987

and 1995 constitution

Some rights of 1955 constitution are:

Article 37- No one shall be denied the equal protection of the laws.
Article 38- there shall be no discrimination among Ethiopian subjects

with respect to the employment of all civil rights.

Article 41- freedom of speech and press is guaranteed throughout the

empire in accordance with the law.

Article 43- No one with in the Empire may be deprived of life, liberty, or

property without due process of law

Some rights off 1987 constitution are:
Article 35- Equality among Ethiopians shall be ensured through equal

participation in political, economic, social and cultural affairs.

Article 36 - In the peoples democratic republic of Ethiopia women and

men have equal rights.

Article 37- Children, whether born in or out of wedlock have equal rights.
Article 38- all Ethiopians have the right to work.
Article 39- the right of the working people to rest is guaranteed
FDRE constitution draft some basic concepts in

democratic right some of these are

Article 29 Rights of thought, opinion and expression.
Everyone has the right to hold opinions without interference
Citizens have right to seek, receive, and impart information and

ideas of all kinds, regardless of frontiers, either orally, in writing or

in print, in the form of art or through any media of his choice.

25
 Article 30- the right of assembly demonstration and Petition.
Everyone has the right to assemble and to demonstrate together

with others peaceably and unarmed, and to petition.

Article 31- Freedom of Association
Every person has the right to freedoms of association for any cause

or purpose.
Article 32 freedom of Movement
Any Ethiopian or foreign national lawfully in Ethiopia has with in

the national territory, the right to liberty of movement and freedom

to choose residence

No Point of comparison 1931 1955 1987

1. Human Rights not incorporated Incorporated Socialisto

d human

approach

followed

26
2. Form of state Unitary Unitary Unitary
3. Types of legislature Bicameral, but both houses Bicameral Unicamer

played deliberative/

consultative

4. State and religion Theocratic, state and religion The orthodox state Secular

fused and religion fused

5. Tool of legitimacy The legend if the The legend of the The forma

solomonicdynasty and religion solomonicDaynasty class

and religion society

6. Form of property Private Private Collective
7. Separation of power Was not Included Included Was

included
8. Method of Adoption Grant Grant Referendu

9. Key national problems Backwardness, need for Backwardness need transform

and solution modernization, political and for modernization, human p

legal centralization political and legal and prep

centralization basis o

construct

a class

society
10. Source Maji constitution of Japan 1931 Ethiopias

constitution, the USA

constitutione.t.c
11. The state ideology Feudo- capitalism Feudo capitalism Socialism
12. Owner ship of land Private Private Collective

27
28
Summary

Ethiopia had adopted four written constitutions in the last eight decades.

The first constitution as adopted in 1931. Domestically it was designs to

serve an instrument of legitimization of the power of Ethiopian monarchy.

The constitution did not contain the right of citizens. Fundamentally the

constitution adopted to explain the power of the monarchy.

The second constitution adopted in 1955. The revised constitution

solidified the absolutism of the monarchy. The revised constitution was

an attempt to solve the problem created by the side existence of the 1931

constitution and the Federation of Eritrea with Ethiopia in 1952. The

constitution incorporated some human rights. Such as, the right to

liberty, security and so on. Generally those two constitutions were

adopted by the imperial regimes and they were based on the same

premise, both sought to promote the principle of political and legal

centralization.

The third constitution was the 1987 constitution. After thirteen year

military rule the nation becomes the peoples democratic republic of

Ethiopia. The constitution advocated for socialist values and the national

unity. The constitution incorporated socialist oriented human rights.

The fourth constitution was adopted in 1995 by FDRE. The constitution

gives the ownership of the constitution is to the nations, nationalities of

Ethiopia. The previous three constitutions were based on the principle of

29
unitary state. Whereas the FDRE constitution was in the principle of

Federalism

Source:- Legal History and tradition

ByMuraduAbdo

The human right provisions of the FDRE constitution

in the right of the theoretical foundation of human right

By abadirmohamed

Constitution for a nation of national ..

By Fasil Nahum

WWW.google.com / Wikipedia

30