"The Challenges of Constitutionalism in Ethiopia,"

Background

Ethiopia’s overall political system has dramatically changed over the course of the twentieth century.
From the tenth century B.C up until 1974, Ethiopia had a monarchical system of government, its last
monarch being the well-known Emperor Haile Selassie I (r. 1930–1974). As we know before 1931
Ethiopia had not written constitution. In 1931 Ethiopia was enacted a constitution by emperor Haile
selassie. The 1931 Constitution of Ethiopia was the first modern written Constitution of the Ethiopian
empire , intended to officially replace the Fetha negest , which had been the supreme law since the
middle age . It was promulgated in "an impressive in warm ceremony" held 16 July 1931 in the presence
of Emperor Haile Selassie , who had long desired to proclaim one for his country. In the Preface to his
translation of this constitution into English, William Stern writes, "this was the first instance in history
where an monarchical leader had sought voluntarily to share sovereign power with the subjects of his
realm." This statement, however, is not completely accurate, as the adoption of a constitution was
somewhat pressed by international opinion. These constitution explain the central and monarchical
system of structure in Ethiopia. Emperor Haile Selassie proclaimed a revised constitution in November
1955 of the Ethiopia . Historically, 1955 revised constitution was considered as the second written
constitution in Ethiopia. The new constitution was intended to improve Ethiopia's international image.
While it consolidated the Emperor's absolutist powers it introduced concepts such as the Separation of
power and expanded the role of the Ethiopian Parliament. This revise constitution has some reforms.
However, still the same as the 1931 constitution in practice. After that, peoples protest against the
government repeatedly. The 1955 constitution was abrogated in 1974 the Ethiopian people revolution in
that year Derg abolition of the monarchy . At that time the emperor was collapsed and disband the
Parliament. Haile Selassie government was brought down by a military coup led and controlled by
Colonel Mengistu Hailemariam(r. 1974–1991). Mengistu Hailemariam’s regime subscribed to the
socialist ideology and attempts were made to overall the state structure and its laws in tune with
Marxism -Leninism. Actually, after the fall of the monarchy and the rise of the Derg (military
government), which led to the abolition of the constitution and the establishment of a Marxist state. In
Ethiopia history constitutional vacuum was brought from 1974 up to1987 during the Derg regime. Derg
government established a first constitution for him in 1987.this is also known as PRDF constitution of
Ethiopia .the Derg rule is very cruel rule and full in dictatorship. This is one of the main cause to raised
opposition of the Derg regime. Derg was failed in 1991. Finally, in 1991, the Coordinating Committee of
the Armed force, Police and Territorial Army (the Derg) was removed from power by the Ethiopian
Peoples’ Revolutionary Democratic Front (EPRDF), which has been in power since 1991.After that
Ethiopia was ruled by transitional government from 1991-1995.It was endorsed a transitional period
Charter. Which, had only twenty provisions, envisaged a nation of a multi-party democracy and
incorporated certain basic constitutional principles including guarantee of equal rights, self-
determination of all people, enduring peace and stability by bringing to an end all hostilities, redressing
regional imbalances as well as establishing accountable government, rebuilding the country and
restructuring of the state . In 1994, the Council of Representatives endorsed a draft constitution that
the Constituent Assembly, elected by universal suffrage, adopted in December of 1994. The EPRDF
installed a federal state structure by restructuring the country along ethno-linguistic lines based on the
1995 FDRE Constitution of Ethiopia. The Constitution came into force in August 1995 and established
an ethnic based state structure and dividing powers and their exercise between the Federal and stale
governments. It has eleven chapters and 106 articles, the 1995 FDRE Constitution is found written in
the political history of Ethiopia.

Key Historical Events Impacting Constitutionalism

Imperial Rule

The imperial period in Ethiopia, particularly under Emperor Haile Selassie, saw significant changes in
constitutionalism that laid the groundwork for modern governance in the country. The Impact on
Modern Constitutionalism is the major Foundation for Future Reforms and legacy of centeralized
power. The constitutional changes during the imperial period laid the foundation for future political and
legal reforms in Ethiopia. They introduced the concept of constitutional governance, which influenced
subsequent constitutional developments.

A,the 1931 Constitution

-Introduction of Constitutional Monarchy: Emperor Haile Selassie introduced Ethiopia's first written
constitution in 1931. This marked a shift from absolute monarchy to a constitutional monarchy, although
the Emperor retained significant powers.

-Establishment of Parliament: The 1931 Constitution established a bicameral parliament, consisting of

B, The 1955 Revised Constitution

- Expansion of Parliamentary Powers: The revised constitution of 1955 aimed to modernize the political
system by expanding the powers of the parliament. It allowed for the election of members of the
Chamber of Deputies, although the Emperor still held substantial authority.

- Human Rights Provisions: The 1955 Constitution included provisions for fundamental human rights and
freedoms, such as freedom of speech, assembly, and religion. This was a significant step towards
recognizing individual rights within the legal framework.

Military government and authoritarian tendency

The shift in constitutionalism in Ethiopia during the military rule and the rise of authoritarian tendencies
can be traced back to several key historical events:

Overthrow of Emperor Haile Selassie: In 1974, widespread civil unrest and dissatisfaction with the
imperial regime led to the overthrow of Emperor Haile Selassie. This marked the end of the monarchy
and the beginning of military rule under the Derg.
- Establishment of the Derg: The Derg, led by Mengistu Haile Mariam, took control of the government
and implemented radical socialist policies.Derg is mainly concerned in Adoption of a Socialist
Constitution.At that time Ethiopia could have had a possibilities to change constitutionalism.

Barriers to Constitutionalism

Ethiopia's journey towards constitutionalism faces several barriers. Political centralization has
historically concentrated power in the hands of a few, undermining democratic governance and local
autonomy. The respect for the rule of law is often compromised by political interference and weak
enforcement mechanisms. Strong institutions are essential for upholding constitutional principles, but in
Ethiopia, institutional weaknesses and lack of independence hinder effective governance . Additionally,
civil society engagement is limited due to restrictive laws and a lack of political will to involve diverse
societal groups in the decision-making process.these are the barriers to constitutionalism in Ethiopia.

Comparative Analysis

.. ..... I want to compare and contrast the constitutionalism of south Africa and Ethiopia.

Constitutionalism is the principle that government authority has derived from and limited by a body of
fundamental law that is a cornerstone of democratic governance.Now,we are compare and contrast two
diverse African countries based on constitutional practice,respect for the rule of law, strong institution,
civil society engagement etc. South Africa and Ethiopia has their own distinct historical, political,
social,cultural and economic system.

Constitutionalism

South Africa's Constitution, adopted in 1996, established a hybrid system of government both unitary
and federalism state structure to full fill the interest of ANC and Nationalist party of south Africa.It is
renowned for its progressive nature and comprehensive protection of human rights.At the preamble the
south Africa constitution says" We the people of South Africa“rather than "we the nation nationalities
and peoples ”.It indicates more inclusive and give the right for every peoples living under south Africa
territory.

The Fundamental Feature of South Africa constitution are Human Dignity, Equality, Human Rights,Non-
Racialism, Non-Sexism,Supremacy of the Constitution,Universal Adult Suffrage, Regular Elections,
Multiparty System,Separation of Powers,Bill of Rights,Judicial Authority etc. In case of constitutional
framing the south Africa constitution is very critical and consider the people's historical, cultural and
poletical dimention.After, apartheid south Africa made constitution based on the consideration of
different interest by African national Congress and Nationalist party.

South Africa constitution established a constitutional democracy with a clear separation of powers
among the executive, legislative, and judicial branches. The South African Constitution is celebrated for
its inclusive and commitment to social justice, reflecting the country's transition from apartheid to a
democratic society.
In contrast, Ethiopia's 1995 Constitution aims to establish a federal democratic republic, emphasizing
the rights of nations, nationalities, and peoples.At the preamble FDRE constitution says, "we are the
nation nationalities and peoples ” rather than "we the People" it is impilicitly declared Art,39(4) of this
constitution. The problem arise is it inclusive or not? unfortunatly, the answer is not inclusive becouse,
based on 2008 census there are 77 nations and nationalities recognize in house of federation. But, in
reality more than that of. that means some peoples does not recognized under this institutions. It
indicates lack of inclusiveness in poletical system becouse non recognition is one type of discrimination.
On the other hand, It promotes ethnic federalism, allowing for regional autonomy within a federal
structure.

As we know the fundamental principle of Ethiopian constitution are popular sovereignty, supremacy of
the constitution, Human and Democracy right, separation of state and religion, accountability and
transparency. Actually, in Ethiopia constitutionalism has faced challenges in implementation, often
hindered by political centralization and ethnic tensions.

In Ethiopia constitutional framing is debatable and difficult to ensure inclusive and representation. But,
some scholars argued that The constitutional framework of Ethiopia is deeply rooted in its historical and
socio-political context.

Respect for the Rule of Law

The rule of law is a fundamental principle in both constitutions, but its application varies significantly. In
South Africa, the Constitution is the supreme law of the land, and all laws and actions by the
government must conform to it. The judiciary, particularly the Constitutional Court, plays a crucial role in
upholding the rule of law and protecting constitutional rights. This robust judicial oversight ensures that
the government remains accountable and that citizens' rights are safeguarded.

Ethiopia's Constitution also asserts its supremacy, but the enforcement of the rule of law has faced
significant challenges. Political interference and weak judicial independence have often compromised
the judiciary's ability to act as a check on executive power. This has led to instances where the rule of
law is not consistently upheld, undermining public trust in the legal system.

Strong Institutions

Strong institutions are essential for upholding constitutional principles and ensuring effective
governance. South Africa has established several key institutions to support its constitutional
democracy, including the Constitutional Court, the Public Protector, and the South African Human Rights
Commission. These institutions are designed to be independent and play a vital role in maintaining
checks and balances, promoting transparency, and protecting human rights.

In Ethiopia, while institutions are established in the constitution, they often struggle with independence
and effectiveness. Political centralization and interference have weakened the ability of institutions to
function autonomously and uphold constitutional principles. This has hindered the development of a
robust institutional framework capable of supporting democratic governance.

Civil Society Engagement

Civil society engagement is a critical component of a vibrant democracy. The South African Constitution
encourages active civil society participation in governance. Civil society organizations (CSOs) play a
significant role in advocating for rights, holding the government accountable, and contributing to policy
development. This active engagement has been instrumental in promoting social justice and ensuring
that the voices of marginalized communities are heard.

In Ethiopia, civil society engagement has been more restricted. Laws regulating CSOs have often been
stringent, limiting their ability to operate freely and engage in advocacy. While recent reforms have
aimed to improve the environment for civil society, challenges remain. The limited engagement of civil
society has impeded the development of a participatory democratic culture and restricted the avenues
for citizens to influence governance.

In conclusion, while both South Africa and Ethiopia have constitutions that aim to establish democratic
governance and protect human rights, their effectiveness in practice varies. South Africa's constitution is
widely regarded as one of the most progressive in the world, with strong institutions and active civil
society engagement. Ethiopia's constitution, while ambitious in its goals, faces significant challenges in
implementation due to political centralization, weak institutions, and limited civil society participation.

Understanding these differences is crucial for appreciating the unique constitutional journeys of these
two nations and the ongoing efforts to strengthen democratic governance in Africa.

Critical Evaluation and Recommendations

..... .... I Want to evaluate constitutionalism in Ethiopia based on different context Which is Based on
preamble , derogate article and non derogate article ,check and balance between three branch of
government like judiciary, executive and legislative organ ,independence of judiciary ,experience of
other country ,interpretation of constitution ,provisions of different regulation , fundamental right and
freedom etc.

First of all I would like to start FDRE constitution has eleven chapter and 106 articles. the following are
overview of this constitution. We start from the first chapter deals with general provisions such as the
nomenclature of the state, territorial jurisdiction, national anthem and language policy of the country.
Chapter Two sets out the fundamental prindples of the Constitution, which include the supremacy of
the Constitution and the inviolable and inalienable nature of human and democratic rights. Fundamental
Rights and Freedoms are covered by Chapter Three of the constitution . Chapter Four provides the
structure of the government and sets out the separation of powers among the three organs of the
government. Chapter Five defines the structure and division of powers of the federal level and
authorizes state constitution to define the structure and divide power at the state level. Chapter Six
establishes the two houses of the federal parliament and stipulates the conditions of eligibility for
membership in the houses,Chapter Seven details the nomination, appointment, power.; and functions
of the President of the Republic. Chapter Eight deals with the powers of the executive, the appointment
and term of office of the chief excutiive organ and Council of Ministers. Chapter Nine establishes an
independent judiciary at both federal and state levels and sets out the structure and power of Court .
The national policy objectives and principles are outlined in Chapter Ten . Chapter Eleven addresses
miscellaneous iIssue , including procedures for constitutional amendment.

At the preamble the current Ethiopia constitution say “ We are the nation nationalities and peoples of
Ethiopia “this preamble can not include all the peoples of Ethiopia. Because, in Ethiopia more than
eighty (80) nation nationalities and peoples but the constitution recognized only for the seventy seven
(77)nations and nationalities to seat in the house of federation. Nation nationalities and people
explained implicitly in this constitution Art 39(4).It says "Nation, Nationality or People" for the purpose
of this Constitution , is a group of people who have or share large measure of a common culture or
similar customs, mutual intelligibility of language, belief in a common or related identities, a common
psychological make-up, and who inhabit an identifiable, predominantly contiguous territory.

The Constitution establishes a organ composed of two houses, the House of people Representatives
(HPR) and the House of the Federotion (HOF), at the federal level. Despite the stated bicameral
structure of the parliament, it is only the HOPR that has the supreme legislative decision-making power
in matters that are assigned to the Federal government.The HOF has a very limited role in the law-
making process.however, HOF entrusted with very important tasks including the interpretation of the
Constitution, deciding on issues relating to the right of ethnic groups for self-determination up to
secession . In interpreting the Constitution, the HOF is assisted by the Council of Constitutional Inquiry.
The council of constitutional inquiry is mandated to investigate constituuonal disputes and submit its
recommendations to the HOF for a final decision. The Council is composed of eleven memben, six of
whom should be legal experts with proven professional competence and high moral standing.the
remaining three members from the House of Federation including the President and Deputy President
of the Federal Supreme Court.