የአንባገነናዊ መንግስት ውሸቶችና ማስመሰል

https://youtu.be/niEgPfHf_7Q

Oromo Artists duai nufiigodhan

PRELIMINARY INQUIRY AND COMMITTAL FOR TRIAL

Preliminary Inquiry and Committal for Trial
 
Art.80.—Principle.
 
(1) Where any person is accused of an offence under Art. 522 (homicide in the first degree) or Art. 637 (aggravated robbery) a preliminary inquiry shall be held under the provisions of this Book.
Provided that nothing in this Article shall prevent the High Court from dispending with the holding of a preliminary inquiry where it is satisfied by the public prosecutor that the trial can be held immediately.
(2) Where any person is accused of any other offence triable only by the High Court no preliminary inquiry shall be held unless the public prosecutor under Art. 38 (b) so directs.
(3) The provisions of this Book shall not apply to offences coming within the jurisdiction of the High Court which have been committed by young persons.
 
Art.81.—Court having jurisdiction.
 
(1) Without prejudice to the provisions of Art. 99-107, the preliminary shall be held before the Woreda Guezat Court within whose area of jurisdiction the offence was committed.
 
Art.82.—Procedure.
 
(1) All preliminary inquiries shall be held in the manner provided by the following Articles.
(2) An adjournment may be granted on the conditions laid down in Art. 94.
 
Art.83.—Opening of preliminary inquiry.
 
(1) Where the public prosecutor decides under Art. 80 (2) that a preliminary inquiry shall be held, he shall send a copy of his decision to the Woreda Guezat Court having jurisdiction and, where appropriate, to the public prosecutor acting before such court.
(2) The court shall fix the day on which the inquiry shall be held and cause to be summoned such witnesses as the prosecutor may wish to call in support of the prosecution.
(3) The case for the prosecution shall be conducted by the public prosecutor acting before the committing court.
 
Art.84.—Taking evidence for prosecution.
 
(1) Where the accused person appears or is brought before it, the court shall require the prosecutor to open his case and to call his witnesses.
 
Art.85.—Accused asked whether he wishes to make a statement.
 
(1) After the witnesses for the prosecution have been heard and their evidence recorded, the court shall ask the accused whether he wishes to make a statement in answer to the charge.
(2) He shall be informed that the preliminary inquiry does not constitute a trial and that the decision as to his guilt or innocence will be taken by the High Court and not by the committing court.
(3) He shall be informed that he is not bound to say anything but that any statement he may wish to make will be taken down in writing and may be put in at his trial.
 
Art.86.—Statement of accused.
 
(1) If the accused elects to make no statement, he shall forthwith be committed for trial before the High Court.
(2) If the accused elects to make a statement, such statement shall be taken down in writing, read over to him, signed by the accused and kept in the file.
 
Art.87.—Additional witnesses.
 
The court may at any time call any witness whose testimony it thinks necessary in the interests of justice, notwithstanding that the prosecutor has not applied for such witness to be summoned.
 
Art.88.—Recording of evidence.
 
Evidence shall be recorded in accordance with Art. 147 and the evidence of each witness shall be recorded on separate sheets of paper.
 
Art.89.—Committal for trial.
 
(1) After the statement, if any, of the accused has been taken down, the court shall commit the accused for trial before the High Court without specifying the charge or charges on which he is committed for trial.
(2) Such charge or charges shall be specified in the charge framed by the public prosecutor in accordance with Art. 109-122 of this Code.
(3) The court shall then require the accused to give a list of the witnesses he wishes to call at his trial together with their addresses.
 
Art.90.—Bond of witnesses.
 
(1) All witnesses who have given evidence at the preliminary inquiry shall execute before the committing court bonds binding themselves to be in attendance before such court and on such date as they shall be summoned to appear.
(2) Any witness who refuses to execute the bond may be kept in custody until the trial or until he binds himself.
 
Art.91.—Record to be forwarded to registrar.
 
(1) When the accused is committed for trial, the committing court shall send the original record and the exhibits (if any) to the registrar of the High Court. Any exhibit which from its bulk or otherwise cannot conveniently be forwarded to the registrar of the High Court may remain in the custody of the police.
(2) A list of all exhibits showing which of them are forwarded with the record and which remain in the custody of the police shall be sent to the registrar of the High Court with the record.
(3) The registrar of the High Court shall be responsible for making copies of the record and sending one to the public prosecutor and one to the accused.
 
Art.92.—Contents of record.
 
(1) The record shall contain the following particulars:-
(a) The serial number of the case; and
(b) The date of the commission of the offence; and
(c) The date of the accusation, if any; and
(d) The name and address of the accuser, if any; and
(e) The name, address occupation and age, if known, and nationality of the accused; and
(f) The offence shown and, where appropriation, the value of the property in respect of which or the special status of the person against whom the offence was committed; and
(g) The date of the warrant of arrest, if any, or on which the accused was first arrested; and
(h) The date on which the accused was first brought before a court; and
(i) The name of the prosecutor and, where appropriate, of the advocate for the defense; and
(j) The date of and reasons for any adjournment that may have been granted; and
(k) The date on which the preliminary inquiry was completed; and
(l) All statements made in the course of the preliminary inquiry, including those which may have been made by the accused; and
(m) the list of defense witnesses.
 
(2) The same particulars shall appear in the copy of the proceedings sent to the public prosecutor and the accused.
 
Art.93.—Accused may be remanded.
 
Without prejudice to the provisions of this Code relating to release on ball the committing court may order that the accused be kept on remand until the trial.
 

EFFECTS OF MARRIAGE

EFFECTS OF MARRIAGE
 
Section 1. General Rules
Article 40. – Various Forms of Marriage Equivalent.

1) Marriage produces the same legal effects whatever the form according to which it has been celebrated.
2) No distinction shall be made as to whether the marriage has been concluded before an officer of civil status or according to the forms prescribed by religion or custom.
Article 41. – Consummation of Marriage.
The effects of marriage shall not depend on the real or presumed consummation of the marriage.
Article 42. – (1) Contract of Marriage.
1) The spouse may, before or on the date of their marriage, regulate by a contract the pecuniary effects of their marriage.
2) They may also specify in such contract their reciprocal rights and obligations in matters concerning their personal relations.
3) Such contracts shall not affect mandatory provisions of the law.
Article 43. – (2) Incapacity of Spouses.
1) The contract of marriage of a judicially interdicted person shall be of no effect unless it is entered into by the interdicted person himself and approved by the court.
2) A legally interdicted person shall not be subject to incapacity as regards the making of a contract of marriage.
Article 44. – (3) Forms of Contract.
A contract of marriage shall be of no effect unless made in writing and attested by four witnesses, two for the husband and tow for the wife.
Article 45. – (4) Deposit of Contract.
1) A copy of the contract of marriage shall be deposited in the court or with the office of civil status.
2) It may be freely consulted by any one of the spouses or by persons authorized by court or by any one of the spouses.
Article 46. – (5) Restrictions to Freedom of Contract.
1) The spouses shall not impose an obligation upon third parties by their contract of marriage.
2) The contract of marriage shall be of no effect where it simply refers to local custom, religion or lay of a country.
Article 47. – (6) Modifications to Contract of Marriage
1) Where the interest of the family so requires, the spouses may, be agreement, modify the terms of the contract of marriage and request the court for approval of such modifications.
2) The court may approve such modifications where it ascertains that it does not affect the interest of the family.
3) Where the modifications are approved by the court under Sub-Article (2) of this Article, a copy of the modified contract shall be deposited in the court or with the office of civil status.
Article 48. – (7) Legal Regime.
In the absence of contract of marriage or where the contract of marriage is not valid under the law, the following provisions shall apply.

PERSONAL EFFECTS OF MARRIAGE

Section 2. Personal Effects of Marriage
Article 49. – Respect, Support and Assistance.
1) The spouses owe each other respect, support and assistance.
2) The contract of marriage shall not derogate such rule.
Article 50. – Joint Management of Family. (1) General Rule.
1) The spouses shall have equal rights in the management of the family.
2) The spouses shall, in all cases, co-operate, to protect security and interest of the family to bring up and ensure the good behavior and education of their children in order to make them responsible citizens.
Article 51. – (2) Inability of One of the Spouses.
1) Where one of the spouses is under disability, absent abandons his family or is away or, for any other reason, is not in a position to give his consent, the other spouse shall alone carry out the duties mentioned in Article 50.
2) The spouses shall not agree to the contrary in the contract of marriage.
Article 52. – Children of previous Marriage.
1) Each of the spouses shall retain an exclusive right of decision in matters concerning the up bringing of children whom he had before the marriage.
2) Any agreement to the contrary shall be of no effect.
Article 53. – Cohabitation.
1) The spouses are bound to live together.
2) They shall have with one another the sexual relations normal in marriage unless these relations involve a risk of serious prejudicing their health.
3) Any agreement to the contrary shall be of no effect.
Article 54. – Determination of Residence.
The spouses shall jointly decide their common residence.
Article 55. – Separation by Agreement.
1) Notwithstanding the provisions of Article 53 (1) of this Code, the spouses may agree to live separately for a definite or indefinite period of time.
2) Any agreement made to this effect may be revoked at any time by one of the spouses provided that such revocation is not arbitrary.
Article 56. – Duty of Fidelity.
The husband and the wife owe fidelity to each other.

ለጠቅላይ ሚንስትር ተጠሪ የሆኑ አስፈፃሚ አካላት ማቋቋሚያ ህጎች

ለጠቅላይ ሚኒስትር ተጠሪ የሆኑ አስፈፃሚ አካላትን ማቋቋሚያ ህጎች

               አዋጅ ቁጥር 257/1994

   የኢትዮጵያ ብሔራዊ ደህንነት ምክር ቤት     ማቋቋሚያ አዋጅ

የሀገሪቱን ብሔራዊ ደህንነት ባልተጠበቀ ሁኔታ ከሚከሰቱም ሆነ አመጣጣቸው ሊታይ ከሚችል አደጋዎችና ፈተናዎች በመጠበቅ ረገድ ተጨማሪ ዋስትና ሊያስገኝ የሚችል አሠራር መቀየስ አስፈላጊ ሆኖ በመገኘቱ፤ በኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ ሕገ መንግሥት አንቀጽ 55(1) መሠረት የሚከተለው ታውጇል።
አጭር ርዕስ ይህ አዋጅ “የኢትዮጵያ ብሔራዊ ደህንነት ምክር ቤት ማቋቋሚያ አዋጅ ቁጥር
257/1994” ተብሎ ሊጠቀስ ይችላል።
መቋቋም
የኢትዮጵያ ብሔራዊ ደህንነት ምክር ቤት ከዚህ በኋላ (ምከር ቤቱ) እየተባለ የሚጠራ በዚህ አዋጅ ተቋቁሟል።
ምክር ቤቱ እንዳስፈላጊነቱ ልዩ ልዩ ኮሚቴዎች ሊኖሩት ይችላል።
የምክር ቤቱ አባላት
ምክር ቤቱ የሚከተሉት ቋሚ አባላት ይኖሩታል፣
ሀ/ ጠቅላይ ሚኒስትሩ ................................ ሰብሳቢ ለ/ ምክትል ጠቅላይ ሚኒስትሩ ............... ም/ሰብሳቢ ሐ/ የውጭ ጉዳይ ሚኒስትሩ .......................... አባል መ/ የመከላከያ ሚኒስትሩ .............................. „
ሠ/ የደህንነት፤ ኢሚግሬሽንና ስደተኞች ጉዳይ ባለሥልጣን ዋና ሥራ
አስኪያጅ.................................................... „
ረ/ የጦር ኃይሎች ጠቅላይ ኤታማዠር ሹም ........... „ ሰ/ የጠቅላይ ሚኒስትሩ ጽ/ቤት ኃላፊ ………. አባልና ፀሐፊ።
የዚህ አንቀጽ ንዑስ አንቀጽ (1) ድንጋጌ ቢኖርም፤ ጠቅላይ ሚኒስትሩ፦ ሀ/ ተጨማሪ የምክር ቤት አባላትን ለመሰየም፣ እና
ለ/ ማንኛውም ሰው ሙያዊ ምክር ለመስጠት በምክር ቤቱ ስብሰባ ላይ
በአስረጅነት እንዲገኝ ለመፍቀድ ይችላል።
የምክር ቤቱ ተግባር
ምክር ቤቱ የሀገሪቱን ብሔራዊ ደህንነት የሚመለከቱ የውጭና የመከላከያ ፖሊሲዎች እንዲጣጣሙ በማድረግና በሚገባ ተግባራዊ መደረጋቸውን በመከ ታተል ረገድ ጠቅላይ ሚኒስትሩን ያማክራል።
የዚህ አንቀጽ ንዑስ አንቀጽ (1) አጠቃላይ አነጋገር እንደተጠበቀ ሆኖ፣ ምክር ቤቱ፣ ሀ/ ለሀገሪቱ ብሔራዊ ደህንነት የሥጋት ምንጭ የሆኑ ሁኔታዎችን በመገምገም ሊወሰዱ ስለሚገባቸው እርምጃዎች ሃሣብ ያቀርባል፤
ለ/ የሀገሪቱን ብሔራዊ ደህንነት ለማስጠበቅ የሚወሰዱ እርምጃዎችን
የሚመለከቱ የአፈጻጸም መመሪያዎች ያመነጫል፤
ሐ/ የሀገሪቱን ብሔራዊ ደህንነት በሚነካ ማናቸውም ጉዳይ ላይ ይመከራል።
ምክር ቤቱ በኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ ሕገ መንግሥት አንቀጽ 93 መሠረት የአስቸኳይ ጊዜ አዋጅ ሲደነገግም የሚኒስትሮች ምክር ቤት በሚያወጣው ደንብ የሚወሰኑ ተግባሮችን ያከናውናል።
የምክር ቤቱ ስብሰባዎች
ምክር ቤቱ በጠቅላይ ሚኒስትሩ ሲጠራ በማናቸውም ጊዜ ሊሰበሰብ ይችላል።
በምክር ቤቱ ስብሰባ ላይ ከግማሽ በላይ የሚሆኑት አባላት ከተገኙ ምልአተ ጉባዔ ይኖራል።
ምክር ቤቱ የራሱን የስብሰባ ሥነ ሥርዓት መመሪያ ሊያወጣ ይችላል።
የምክር ቤቱ ኮሚቴዎች በዚህ አዋጅ አንቀጽ 2 ንዑስ አንቀጽ (2) መሠረት የሚቋቋሙ ኮሚቴዎች የሚኖሩዋቸው አባላትና ዝርዝር ተግባራቸው በምክር ቤቱ ይወሰናል።

ESSENTIAL CONDITIONS OF MARRIAGE

Essential Conditions of Marriage
Article 6. – Consent.
A valid marriage shall take place only when the spouses have given their free and full consent.
Article 7. – Age
1) Neither a man nor a woman who has not attained the full age of eighteen years shall conclude marriage.
2) Notwithstanding the provisions of Sub-Article (1) of this Article, the Minister of Justice may, on the application of the future spouses, or the parents or guardian of one of them, for serious cause, grant dispensation of not more than two years.
Article 8. – Consanguinity.
1) Marriage between persons related by consanguinity in the direct line, between ascendants and descendants, is prohibited.
2) In the collateral line, a man cannot conclude marriage with his sister or aunt; similarly, a woman cannot conclude marriage with her brother or uncle.
Article 9. – Affinity
1) Marriage between persons related by affinity in the direct line is prohibited.
2) In the collateral line, marriage between a man and the sister of his wife, and a woman and the brother of her husband is prohibited.
Article 10. – Filiations not Established Legally.
The existence of a bond of natural filiation which is commonly known to the community is sufficient to render applicable the impediments to marriage referred to in Articles
8 and 9, notwithstanding that the filiation is not legally established.
Article 11. – Bigamy.
A person shall not conclude marriage as long as he is bound by bonds of a preceding marriage.
Article 12. – Representation not Allowed.
1) Each of the future spouses shall personally be present and consent to the marriage at the time and place of its celebration.
2) Notwithstanding the provisions of Sub-Art. (1) of this Article, marriage by representation may be allowed by the Ministry of Justice where it has ascertained that there is a serious cause and the person who intended to do so has fully consented thereto.
Article 13. – Fundamental Error.
1) Marriage concluded as a result of error in consent shall not be valid.
2) Consent is deemed to be vitiated as a result of error where such error is a fundamental error.
3) Without prejudice to the provisions of Sub-Article (2) of this Article, the following shall be considered to be fundamental errors:
(a) Error on the identity of the spouse, where it is not the person with whom a person intended to conclude marriage;
(b) Error on the state of health of the spouse who is affected by a disease that does not heal or that can be genetically transmitted to descendants;
(c) Error on the bodily conformation of the spouse who does not have the requisite sexual organs for the consummation of the marriage;
(d) Error on the behavior of the spouse who has the habit of performing sexual acts with person of the same sex.
Article 14. – Consent Extorted by Violence.
1) Marriage concluded as a result of consent which is extorted by violence shall be valid.
2) Consent is deemed to be extorted by violence where it is given by a spouse to protect himself or one of his ascendants or descendants, or any other close relative from a serious and imminent danger or threat of danger.
Article 15. – Judicially Interdicted Persons.
1) Any person who is judicially interdicted shall not be conclude marriage unless authorized, for that purpose, by the court.
2) An application to this effect may be made by the interdicted person himself or by his guardian.
Article 16. – Period of widowhood.
1) A woman may not remarry unless one hundred and eight days have elapsed since the dissolution of the previous marriage.
2) The provision of Sub-Article (1) of this Article shall not apply where:
(a) The woman gives birth to a child after the dissolution of her marriage;
(b) The woman remarries her former husband;
(c) It is proved by medical evidence that the woman is not pregnant;
(d) The court dispenses the woman from observing the period of widowhood.

EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE

EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE
 
Article 31. – Age
1) Without prejudice to Sub-Article (2) of Article 7 of this Code, marriage 

concluded by a man or a woman under the age of eighteen years shall dissolve on the application of any interested person or the public prosecutor.
2) It may no longer be applied for after the age required by law of marriage is satisfied.
 
Article 32. – Consanguinity of Affinity.
The dissolution of marriage concluded in violation of impediments arising out of consanguinity or affinity shall be ordered on the application of any interested person or the public prosecutor.
Article 33. – Bigamy
1) The dissolution of a bigamous marriage shall be ordered on the application if either of the spouses of bigamous marriage or the public prosecutor.
2) The dissolution mentioned on Sub-Article (1) of this Article may no longer be applied for where the former spouse of the bigamous marriage has died.
Article 34 . – Dissolution of Marriage of a Judicially Interdicted person.
1) Where a judicially interdicted person has contracted marriage without prior authorization of the court, the dissolution of such marriage may be requested from the court by the judicially interdicted person himself or by his guardian.
2) The judicially interdicted person may no longer make an application for dissolution six months after the date of termination of his disability.
3) An application for dissolution by the guardian may no longer be made six months after the day on which the guardian came to know the existence of the marriage or in any case, after the disability of the interdicted person has ceased.
Article 35. – Act of Violence
1) Whosoever has concluded marriage under the influence of violence may apply to the court to order the dissolution thereof.
2) Such an application may not be made six months after the cessation of such violence and, in any case, two years after the conclusion of the marriage.
Article 36. – Error
1) Whosoever has concluded marriage due to fundamental error, may apply to the court to order the dissolution thereof.
2) Such an application may not be made six months after the discovery of such error, and , in any case, two years after the conclusion of the marriage.
Article 37. – Period of Widowhood.
The dissolution of marriage may not be ordered for the sole reason that the period of widowhood specified under Sub-Article (1) of Article 16 has not been observed.
Article 38. – Incompetence of Officer of Civil Status.
The dissolution of marriage may not be ordered solely on the ground of incompetence of the officer of civil status who celebrated the marriage.
Article 39. – Non-Observance of Formalities.
The dissolution of marriage may not be ordered on the sole ground that the formalities of celebration specified under Sub Articles (3) and (6) of Article 25 have not been observed.
 

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THE GENERAL IDEA OF HUMAN RIGHTS

The General Idea of Human Rights

This section attempts to explain the generic idea of human rights by identifying four defining features. The goal is to answer the question of what human rights are with a general description of the concept rather than a list of specific rights. Two people can have the same general idea of human rights even though they disagree about which rights belong on a list of such rights and even about whether universal moral rights exist. This four-part explanation attempts to cover all kinds of human rights including both moral and legal human rights and both old and new human rights (e.g., both Lockean natural rights and contemporary international human rights). The explanation anticipates, however, that particular kinds of human rights will have additional features. Starting with this generic concept does not commit us to treating all kinds of human rights in a single unified theory (see Buchanan 2013 for an argument that we should not attempt to theorize together universal moral rights and international legal human rights).

Human rights are rights.

Lest we miss the obvious, human rights are rights (see the entry onrights and Cruft 2012). Most if not all human rights are claim rights that impose duties or responsibilities on their addressees or dutybearers. Rights focus on a freedom, protection, status, or benefit for the rightholders (Beitz 2009). The duties associated with human rights often require actions involving respect, protection, facilitation, and provision. Rights are usually mandatory in the sense of imposing duties on their addressees, but some legal human rights seem to do little more than declare high-priority goals and assign responsibility for their progressive realization. One can argue, of course, that goal-like rights are not real rights, but it may be better to recognize that they comprise a weak but useful notion of a right (See Beitz 2009 for a defense of the view that not all human rights are rights in a strong sense. And see Feinberg 1973 for the idea of “manifesto rights”). A human rights norm might exist as (a) a shared norm of actual human moralities, (b) a justified moral norm supported by strong reasons, (c) a legal right at the national level (where it might be referred to as a “civil” or “constitutional” right), or (d) a legal right within international law. A human rights advocate might wish to see human rights exist in all four ways (See Section 2.1 How Can Human Rights Exist?).

 

Human rights are plural.

If someone accepted that there are human rights but held that there is only one of them, this might make sense if she meant that there is one abstract underlying right that generates a list of specific rights (See Dworkin 2011 for a view of this sort). But if this person meant that there is just one such specific right such as the right to peaceful assembly this would be a highly revisionary view. Human rights address a variety of specific problems such as guaranteeing fair trials, ending slavery, ensuring the availability of education, and preventing genocide. Some philosophers advocate very short lists of human rights but nevertheless accept plurality (see Joshua Cohen 2004 and Ignatief 2004).

 

Human rights are universal.

All living humans—or perhaps all living persons—have human rights. One does not have to be a particular kind of person or a member of some specific nation or religion to have human rights. Included in the idea of universality is some conception of independent existence. People have human rights independently of whether they are found in the practices, morality, or law of their country or culture. This idea of universality needs several qualifications, however. First, some rights, such as the right to vote, are held only by adult citizens or residents and apply only to voting in one's own country. Second, the human right to freedom of movement may be taken away temporarily from a person who is convicted of committing a serious crime. And third, some human rights treaties focus on the rights of vulnerable groups such as minorities, women, indigenous peoples, and children.

Human rights have high-priority.

Maurice Cranston held that human rights are matters of “paramount importance” and their violation “a grave affront to justice” (Cranston 1967). If human rights did not have high priority they would not have the ability to compete with other powerful considerations such as national stability and security, individual and national self-determination, and national and global prosperity. High priority does not mean, however, that human rights are absolute. As James Griffin says, human rights should be understood as “resistant to trade-offs, but not too resistant” (Griffin 2008). Further, there seems to be priority variation within human rights. For example, when the right to life conflicts with the right to privacy, the latter will generally be outweighed.

Let's now consider five other features or functions that might be added.

Should human rights be defined as inalienable? 

Inalienability does not mean that rights are absolute or can never be overridden by other considerations. Rather it means that its holder cannot lose it temporarily or permanently by bad conduct or by voluntarily giving it up. It is doubtful that all human rights are inalienable in this sense. One who endorses both human rights and imprisonment as punishment for serious crimes must hold that people's rights to freedom of movement can be forfeited temporarily or permanently by just convictions of serious crimes. Perhaps it is sufficient to say that human rights are very hard to lose. (For a stronger view of inalienability, see Donnelly 2003, 10).

Should human rights be defined as minimal rights? 

A number of philosophers have proposed the view that human rights are minimal in the sense of not being too numerous (a few dozen rights rather than hundreds or thousands), and not being too demanding (See Joshua Cohen 2004, Ignatieff 2005, Nickel 2007, and Rawls 1999). Their views suggest that human rights are—or should be—more concerned with avoiding the worst than with achieving the best. Henry Shue suggests that human rights concern the “lower limits on tolerable human conduct” rather than “great aspirations and exalted ideals” (Shue 1996). When human rights are modest standards they leave most legal and policy matters open to democratic decision-making at the national and local levels. This allows them to have high priority, to accommodate a great deal of cultural and institutional variation, and to leave open a large space for democratic decision-making at the national level. Still, there is no contradiction in the idea of an extremely expansive list of human rights and hence minimalism is not a defining feature of human rights (for criticism of the view that human rights are minimal standards see Brems 2009 and Raz 2010). Minimalism is best seen as a normative prescription for what international human rights should be. Moderate forms of minimalism have considerable appeal, but not as part of the definition of human rights.

Should human rights be defined as always including moral rights? 

Philosophers coming to human rights theory from ethics sometimes assume that human rights must be, at bottom, moral rather than legal rights. There is no contradiction, however, in people saying that they believe in human rights, but only when they are legal rights at the national or international levels. As Louis Henkin observed, “Political forces have mooted the principal philosophical objections, bridging the chasm between natural and positive law by converting natural human rights into positive legal rights” (Henkin 1978). Theorists who insist that the only human rights are legal rights may find, however, that the interpretations they can give of characteristics such as the universality of human rights and of their independent existence are fairly weak.

Should human rights be defined in terms of serving some sort of political function? 

Instead of seeing human rights as grounded in some sort of independently existing moral reality, a theorist might see them as the norms of a highly useful political practice that humans have constructed or evolved. Such a view would see the idea of human rights as playing various political roles at the national and international levels and as serving thereby to protect urgent human or national interests. These political roles might include providing standards for international evaluations of how governments treat their people and as helping to specify when use of economic sanctions or military intervention is permissible. There are powerful advocates of this sort of view (see Rawls 1999 and Beitz 2009; see also the entry on John Rawls). These theorists would add to the four defining elements above some set of political roles or functions. This view may be plausible for the very salient international human rights that have emerged in international law and politics in the last fifty years. But human rights can exist and function in contexts not involving international scrutiny and intervention such as a world with only one state. Imagine, for example, that an asteroid strike had killed everyone in all countries except New Zealand, leaving it the only state in existence. Surely the idea of human rights as well as many dimensions of human rights practice could continue in New Zealand, even though there would be no international relations, law, or politics (for an argument of this sort see Tasioulas 2012). And if a few people were discovered to have survived in Iceland and were living without a government or state, New Zealanders would know that human rights governed how these people should be treated even though they were stateless. How deeply the idea of human rights must be rooted in international law and practice should not be settled by definitional fiat. We can allow, however, that the sorts of political functions that Rawls and Beitz describe are typically served by international human rights today.

The General Idea of Human Rights

ፍርድ ቤት ችሎት የፍርድ አካሄድ ችሎት ድራማዎች-ቁጥር 2

የመንግሥት ሠራተኞች ደመወዝ መቁረጥ እና ሕጋዊነቱ

የመንግሥት ሠራተኞች ደመወዝ መቁረጥ እና ሕጋዊነቱ

የፌዴራል መንግሥት ሠራተኞች አዋጅ ቁጥር 1064

 የፌዴራል መንግሥት ሠራተኞች አዋጅ ቁጥር 1064

በሌላ በኩል ደግሞ በመንግሥት ባለቤትነት ሥር የሚተዳደሩ የልማት ድርጅቶች ሥር የሚሰሩ ሠራተኞች የሚተዳደሩበት ህግ በአዋጅ ቁጥር 1156/2011 ይሰኛል፡፡ እነዚህ ሠራተኞች በአንድም ይሁን በሌላ መንገድ ከመንግሥት አስተዳደራዊ ቁጥጥር ውጪ ባለመሆናቸው እና ቀጣሪያቸው መንግሥት በመሆኑ ለዚህ ጽሑፍ አላማ ሲባል የመንግሥት ሠራተኛ ልንላቸው እንችላለን፡፡

የመንግሥት ሠራተኛ ደመወዝ የሚቆረጠው በምን አግባብ ነው?

የፌዴራል መንግሥት ሠራተኞች አዋጅ ቁጥር 1064/2010 በፌደራል መንግሥቱ ሥር ተቀጥረው የሚሰሩ ሠራተኞች የሚተዳደሩበት ህግ ነው፡፡ በዚህ ህግ ላይ የመንግሥት ሠራተኞች ደመወዝ በምን አኳኋን ሊቆረጥ እንደሚችል በግልፅ አስቀምጧል፡፡ የአዋጁ አንቀፅ 9 (2) የደመወዝ ክፍያ በሚለው ርዕስ እንዲህ ይነበባል፡፡

የማንኛውም የመንግሥት ሠራተኛ ደመወዝ፣

ሀ)   ሠራተኛው ስምምነቱን በጽሑፍ ሲገልጽ፣

ለ)   በፍርድ ቤት ትዕዛዝ፣

ሐ)   በሕግ በተደነገገው መሠረት፣

ካልሆነ በስተቀር ሊያዝ ወይም ሊቆረጥ አይችልም፡፡

አዋጅ ቁጥር 1156/2011 ደግሞ የመንግሥት የልማት ድርጅቶች የሚተዳደሩበት ህግ ነው ይህም የህግ ማዕቀፍ ከቀደመው ጋር በተመሳሳይ የሠራተኛን ደመወዝ አሰሪው ሊቆርጥ የሚችለው ሠራተኛው በጽሑፍ ሲስማማ እንደሆነ ያስቀምጣል፡፡

ከላይ ካሉት ድንጋጌዎች መረዳት የምንችለው አንድ የመንግሥት ሠራተኛ የደሞዜ ይሄን ያህን ፐርሰንት ይቆረጥብኝ ብሎ በጽሑፍ ወይም በፊርማው ስምምነቱን ካላረጋገጠ ሊቆረጥበት እንደማይችል ነው፡፡ የመንግሥት መ/ቤቶች ለተለያዩ መዋጮዎች የሠራተኛውን ደመወዝ ሲፈልጉ ምን ያህሉን ሠራተኛ "ደመወዝህን ልቆርጥብህ ስለሆነ ትስማማለህ ወይ?" ብለው ይጠይቃሉ? ይህም ቢሆን መስማማቱ ብቻ አይደለምና ምን ያህሉ ነው ስምምነቱን በፊርማው አረጋግጦ ደሞዙ የሚቆረጠው? ጭራሽ ሳይሰሙ እና ሳያውቁ ደሞዛቸው የተቆረጠባቸውስ የሉም? ወይ የሚሉትን እና የመሳሰሉትን ጥያቄዎች ለአንባቢ እተዋለው፡፡ 

አቶ አንበሴ የሚሰሩት የኢትዮጵያ ኤሌክትሪክ አገልግሎት በሚሰኝ የመንግሥት የልማት ድርጅት ውስጥ ነው፡፡ ለዚህ ጽሑፍ ሲባል  ከሳቸው ጋር ባደረኩት ቆይታ ከፍቃዳቸው ውጪ እንዴት ደሞዛቸው እንደተቆረጠ የሚከተለውን ብለዋል፡- "እንኳን ደሞዛችሁ ሊቆረጥ ነው ፈቃደኛነታችሁን በጽሑፍ ግለፁ ተብለን ልንጠየቅ ቀርቶ ምንም አይነት ውይይት አላደረግንም፡፡ እንዳውም እንደሌላ ሰው በዜና ላይ የኢትዮጵያ ኤሌክትሪክ አገልግሎት ሠራተኞች እና አመራሮች ለገበታ ለሃገር መርሃግብር የአንድ ወር ደሞዛቸውን በማዋጣት 102,000,000 (አንድ መቶ ሁለት ሚሊዮን) ብር ገቢ አደረጉ የሚል ዜና ሰማን፡፡" ከላይ ከጠቀስናቸው የህግ ድንጋጌዎች አንፃር ስንመዝነው ይህ አካሄድ ሙሉ ለሙሉ ከህግ ውጪ የሆነ ነው፡፡ የፕሮጀክቱ አላማም ከፍቃዳቸው ውጪ ከሰዎች ጉሮሮ ገንዘብ መንጠቅ ነው ብዬ አላምንም፡፡

ደሞዙ ከፍቃዱ ውጪ የተቆረጠበት የመንግሥት ሠራተኛ ምን ማድረግ ይችላል

የፌዴራል መንግሥት ሠራተኞች አዋጅ ቁጥር 1064/2010 አንቀፅ 79 የመንግሥት ሠራተኞች መብቴ ተጣሰ ብለው የሚያቀርቧቸውን የስራ ክርክር ክሶችን የሚዳኝ የአስተዳደር ፍርድ ቤት ተቋቁሟል፡፡ ይህ ፍርድ ቤት ከሚያያቸው ጉዳዮች መካከል ከህግ ውጪ የደመወዝ መያዝ ወይም መቆረጥ አንዱ ነው፡፡ ስለሆነም ከላይ በተገለፀው አኳሃን በጽሑፍ ስምምነቱን ሳይገልፅ ደሞዙ የተቆረጠበት የመንግሥት ሠራተኛ ቀጣሪውን መ/ቤት በአስተዳደር ፍ/ቤት ቀርቦ መክሰስ እና የተቆረጠበትን ደሞዙን ማስመለስ እንደሚችል ህጉ ያስቀምጣል፡፡ በተመሳሳይ ለመንግሥት የልማት ድርጅት ሠራተኞችም በአዋጅ ቁጥር 1156/2011 መሰረት የስራ ክርክር ጉዳዮችን የማየት ስልጣን በተሰጠው የፌደራል የመጀመሪያ ደረጃ ፍ/ቤት በመቅረብ ከፈቃዴ ውጪ ደሞዜ ተቆርጧል የሚል ክስ አቅርቦ ገንዘቡን ማስመለስ ይችላል፡፡

ማጠቃለያ

የመንግሥት ሃላፊዎች የሚወስኗቸው እያንዳንዱ ውሳኔዎች ህግን መሰረት ያደረገ መሆኑን ማረጋገጥ ለሚመሩት ተቋምም ሆነ ለሚያስተዳድሩት ሠራተኛ ደህንነት መጠበቅ እጅግ ወሳኝ እንደሆነ መረዳት ያስፈልጋል፡፡ በአንዳንድ ሃገራት በዓላትን አስታኮ በቦነስ መልክ ሠራተኞች የሚያወጧቸውን ወጪዎች እንዲሸፍኑ የ2 እና 3 ወር ደመወዝ መስጠት የተለመደ አሰራር ነው ይሁን እንጂ በእኛ ሃገር ነባራዊ ሁኔታ የተለያዩ ምክንያቶችን እየደረደሩ የሠራተኛውን ደመወዝ ፈቃዱን ሳይጠይቁ መቁረጥ ከህግ ውጪ ከመሆኑም ባሻገር በስራው እርካታ የራቀውን ሠራተኛ ከመፍጠር አልፎ በአገልግሎት አሰጣጡ ላይ የሚያመጣው አሉታዊ ተፅዕኖ ከፍተኛ መሆኑን መረዳት ይቻላል፡፡ በሌላ በኩል ሠራተኛውም በመሪዎች ተፅዕኖ ሥር ወድቆ በጀርባ ሆኖ ከማጉረምረም ይልቅ መብቱን እና ግዴታውን ጠንቅቆ በማወቅ በህግ ለተሰጠው መብት መታገል እና ግዴታውን መወጣት ይኖርበታል፡፡

Social Rights

 Social Rights

The Universal Declaration included social (or “welfare”) rights that address matters such as education, food, and employment. Their inclusion has been the source of much controversy (see Beetham 1995). Social rights are often alleged to be statements of desirable goals but not really rights. The European Convention did not include them (although it was later amended to include the right to education). Instead they were put into a separate treaty, the European Social Charter. When the United Nations began the process of putting the rights of the Universal Declaration into international law, it followed the model of the European system by treating economic and social standards in a treaty separate from the one dealing with civil and political rights. This treaty, theInternational Covenant on Economic, Social, and Cultural Rights (the “Social Covenant,” 1966), treated these standards as rights—albeit rights to be progressively realized.

The Social Covenant's list of rights includes nondiscrimination and equality for women in economic and social life (Articles 2 and 3), freedom to work and opportunities to work (Article 4), fair pay and decent conditions of work (Article 7), the right to form trade unions and to strike (Article 8), social security (Article 9), special protections for mothers and children (Article 10), the right to adequate food, clothing, and housing (Article 11), the right to basic health services (Article 12), the right to education (Article 13), and the right to participate in cultural life and scientific progress (Article 15).

Article 2.1 of the Social Covenant sets out what each of the parties commits itself to do about this list, namely to “take steps, individually and through international assistance and co-operation…to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant.” In contrast, the Civil and Political Covenant simply commits its signatories to “respect and to ensure to all individuals within its territory the rights recognized in the present Covenant” (Article 2.1). The contrast between these two levels of commitment has led some people to suspect that economic and social rights are really just valuable goals.

The system to monitor and promote compliance with the Social Covenant is modest since it mainly requires participating countries to make periodic reports on measures taken to comply with the treaty. Countries agree “to submit…reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized herein” (Article 16). A committee of experts, created by the Economic and Social Council in 1987, is given the job of looking at the progress reports from the participating countries. This body, the Committee on Economic, Social and Cultural Rights, studies the reports, discusses them with representatives of the governments reporting, and issues interpretive statements known as “General Comments” on the requirements of the treaty. A recent amendment to the treaty allows residents of countries that approve the amendment to submit complaints of violations to the Committee.

Why did the Social Covenant opt for progressive implementation and thereby treat its rights as being somewhat like goals? The main reason is that nearly half of the world's countries were in no position in terms of economic, institutional, and human resources to realize these standards fully or even largely. For many countries, noncompliance due to inability would have been certain if these standards had been treated as immediately binding. We will return to this topic below.

Opponents of social rights often deny them the status of human rights, restricting that standing to civil and political rights. Familiar objections to social rights include the following: (1) they do not serve truly fundamental interests; (2) they are too burdensome on governments and taxpayers; and (3) they are not feasible in less-developed countries (on these issues see Beetham 1995; Cranston 1967, 1973; Howard 1987; Nickel 2007).

It is far from the case that most social rights pertain to superficial interests. Consider two examples: the right to an adequate standard of living and the right to free public education. These rights require governments to try to remedy widespread and serious evils such as hunger and ignorance. The importance of food and other basic material conditions of life is easy to show. These goods are essential to people's ability to live, function, and flourish. Without adequate access to these goods, interests in life, health, and liberty are endangered and serious illness and death are probable. Lack of access to educational opportunities typically limits (both absolutely and comparatively) people's abilities to participate fully and effectively in the political and economic life of their country (Hodgson 1998). Lack of education increases the likelihood of unemployment and underemployment.

Another way to defend the importance of social rights is to show the highly useful support they provide to the full realization of civil and political rights. If a government succeeds in eliminating hunger and providing education to everyone this promotes people's abilities to know, use, and enjoy their liberties, due process rights, and rights of political participation. This is easiest to see in regard to education. Ignorance is a barrier to the realization of civil and political rights because uneducated people often do not know what rights they have and what they can do to use and defend them. It is also easy to see in the area of democratic participation. Education and a minimum income make it easier for people at the bottom economically to follow politics, participate in political campaigns, and to spend the time and money needed to go to the polls and vote.

The second objection is that social rights are too burdensome. It is very expensive to guarantee to everyone basic education and minimal material conditions of life. Perhaps social rights are too expensive or burdensome to be justified even in rich countries. Frequently the claim that social rights are too burdensome uses other, less controversial human rights as a standard of comparison, and suggests that social rights are substantially more burdensome or expensive than liberty rights. Suppose that we use as a basis of comparison liberty rights such as freedom of communication, association, and movement. These rights require both respect and protection from governments. And people cannot be adequately protected in their enjoyment of liberties such as these unless they also have security and due process rights. The costs of liberty, as it were, include the costs of law and criminal justice. Once we see this, liberty rights start to look a lot more costly. To provide effective liberties to communicate, associate, and move it is not enough for a society to make a prohibition of interference with these activities part of its law and accepted morality. An effective system of provision for these liberties will require a legal scheme that defines personal and property rights and protects these rights against invasions while ensuring due process to those accused of crimes. Providing such legal protection in the form of legislatures, police, courts, and prisons is extremely expensive.

Further, we should not think of social rights as simply giving everyone a free supply of the goods these rights protect. Guarantees of things like food and housing will be intolerably expensive and will undermine productivity if everyone simply receives a free supply. A viable system of social rights will require most people to provide these goods for themselves and their families through work as long as they are given the necessary opportunities, education, and infrastructure. Government-implemented social rights provide guarantees of availability (or “secure access”), but governments should have to supply the requisite goods in only a small fraction of cases. Note that education is often an exception to this since many countries provide free public education irrespective of ability to pay.

Countries that do not accept and implement social rights still have to bear somehow the costs of providing for the needy since these countries—particularly if they recognize democratic rights of political participation—are unlikely to find it tolerable to allow sizeable parts of the population to starve and be homeless. If government does not supply food, clothing, and shelter to those unable to provide for themselves, then families, friends, and communities will have to shoulder this burden. It is only in the last century that government-sponsored social rights have taken over a substantial part of the burden of providing for the needy. The taxes associated with social rights are partial replacements for other burdensome duties, namely the duties of families and communities to provide adequate care for the unemployed, sick, disabled, and aged. Deciding whether to implement social rights is not a matter of deciding whether to bear such burdens, but rather of deciding whether to continue with total reliance on a system of informal provision that distributes assistance in a very spotty way and whose costs fall very unevenly on families, friends, and communities.

Once we recognize that liberty rights also carry high costs, that intelligent systems of provision for social rights supply the requisite goods to people in only a small minority of cases, and that these systems are substitutes for other, more local ways of providing for the needy, the difference in size between the costs of liberty rights and the costs of social rights ceases to seem so large.

Even if the burdens imposed by social rights are not excessive, it might still be wrong to impose them on individuals. Libertarians object to social rights as requiring impermissible taxation. Nozick, for example, says that “Taxation of earnings from labor is on a par with forced labor” (Nozick 1974, 169). This view is vulnerable to an attack asserting two things. First, taxation is permissible when it is used to support government-organized systems of humanitarian assistance that fulfill more effectively than charity duties of assistance that all individuals have (Beetham 1995, 53). Second, property rights are not so strong that they can never be outweighed by the requirements of meeting other rights. 

The third objection to social rights is that they are not feasible in many countries. It is very expensive to provide guarantees of subsistence, minimal public health measures, and basic education. As we saw above, the Social Covenant dealt with the issue of feasibility by calling for progressive implementation, that is, implementation as financial and other resources permit. Does this view of implementation turn social rights into high-priority goals? If so, is that a bad thing?

Standards that outrun the abilities of many of their addressees are good candidates for normative treatment as goals. Treating such standards as goals, which allows us to view them as largely aspirational rather than as imposing immediate duties, avoids massive problems of inability-based noncompliance. One may worry, however, that this is too much of a demotion. As norms, goals seem much weaker than rights. But goals can be formulated in ways that make them more like rights. Goals can be assigned addressees (the party who is to pursue the goal), beneficiaries, scopes that define the objective to be pursued, and a high level of priority (see Nickel 2013). Strong reasons for the importance of these goals can be provided. And supervisory bodies can monitor levels of progress and pressure low-performing addressees to attend to and work on their goals.

Treating very demanding rights as goals has several advantages. One is that proposed goals that exceed one's abilities are not as farcical as proposed duties that exceed one's abilities. Creating grand lists of human rights that many countries cannot at present realize seems fraudulent to many people, and perhaps this fraudulence is reduced if we understand that these “rights” are really goals that countries should promote. Goals are inherently ability-calibrated. What you should do now about your goals depends on your abilities and other commitments. Goals coexist happily with low levels of ability to achieve them. Another advantage is that goals are flexible; addressees with different levels of ability can choose ways of pursuing the goals that suit their circumstances and means. Because of these attractions of goals, it will be worth exploring ways to transform very demanding human rights into goals. The transformation may be full or partial.

A right together with its supporting reasons might be divided into two parts. One part, call it the “demand side,” sets out the rightholder's claim and the reasons why it is very valuable or important that this claim be fulfilled. In the right to a fair trial when one is arrested and accused of a crime` the demand side would set out the rightholder's claim to a fair trial and the reasons why that claim is very valuable or important. The other part, the “supply side,” would set out the addressees' responsibilities in regard to the rightholder's claim. It would explain why this claim to a fair trial is a matter of duty, what the duties are, and why it is these particular addressees rather than other possible addressees that have the duty (Feinberg 1973).

A goal that is similar to a right could also be divided into these two parts. The demand side would set out the beneficiary's claim or demand and the reasons why it is very desirable or important that this demand be fulfilled. For example, the demand side might set out the reasons why it is desirable for the beneficiary to have access to employment. And the supply side would set out the addressee's responsibility in regard to the beneficiary's demand. It would explain why promoting access to employment for the beneficiary should be a goal for the addressee. It does not impose duties on the addressee, but it shows that the addressee has good reasons for acting to satisfy the demand.

Since even a goal that is supported by good reasons imposes no duties—that is, fails to be mandatory in character—we may think that such goals are poor substitutes for rights and should not be called “rights.” But it is possible to create right-goal mixtures that contain some mandatory elements and that therefore seem more like real rights (see Brems 2009 for a similar idea). A minimal right-goal mixture would include a duty to try to realize the goal as quickly as possible. Here the demand side would set out the beneficiary's demand or claim and the reasons why it is very desirable or important that this demand be fulfilled. And the supply side would explain not only why the addressee has good reasons to pursue this goal, but also explain why the addressee has a duty to try to realize this goal with all deliberate speed. The economic and social rights in the Social Covenant seem to fit this model. The countries ratifying the Covenant agree to make it a matter of government duty to realize the list of rights as soon as possible. As we saw earlier, each of the Social Covenant's signatories has agreed to “take steps, individually and through international assistance and co-operation to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant.” The signatories agree, on this interpretation, to make it a matter of duty to realize the listed rights as soon and as far as resources permit.

A problem with such a right-goal mixture is that it allows the addressee great discretion concerning when to do something about the right and how much to do. A panel supervising compliance with a human rights treaty may wish to remove some of this discretion by requiring that the addressees at least take some significant and good faith steps immediately and regularly and that these steps be documented. Duties to try are less vaporous if they are combined with duties that require immediate steps. Countries may be required to act in certain ways (e.g., make a good faith effort and be prepared to demonstrate that they have done so), set specific benchmarks and timetables, establish agencies to work on the goals, provide them with budgets, and use expert assistance from international agencies. To facilitate the monitoring of compliance the country may be required to collect data continuously concerning realization of the goals, make periodic reports, and allow its citizens to complain to the monitoring body about failures to pursue the goals energetically (United Nations 1991).

Insistence that human rights not be too demanding can be complemented by measures to enhance the ability of developing countries to realize human rights. Possible strategies for such a combined approach include using aid to increase the resources available for implementing rights, providing education to current and future officials, offering technical assistance concerning mechanisms of implementation, and battling corruption.

John Rawls proposed a duty of liberal democratic countries to aid poor or “burdened” countries. Rawls defines “burdened societies” as ones that “lack the political and cultural traditions, the human capital and know-how and, often, the material and technological resources needed to be well-ordered” (Rawls 1999). Rawls holds that well-off countries have a moral duty to assist burdened societies. Unfortunately Rawls does not provide much justification for this claim. In particular he does not use his idea of an international “original position” to work out how the justification for such a duty would go and what objections it would need to overcome.

A good defense of a duty of well-off countries to assist poor ones in realizing human rights would not automatically impose that duty on the citizens of the well-off countries (except, of course, through the taxes they pay). But perhaps citizens should share somehow in duties of international aid. One approach to explaining how and why citizens share in these duties involves viewing the citizens of a democratic country as having ultimate responsibility for the human rights duties of their government. If their government has a duty to respect or implement the right to a fair trial, or a duty to aid poor countries, its citizens share in that duty. They are required as voters, political agents, and taxpayers to try to promote and support their government's compliance with its human rights duties. This principle of shared duty is particularly attractive in democratic societies where the citizens are the ultimate source of political authority. This view makes individuals back-up addressees for the duties of their governments.

Thomas Pogge has taken a related but slightly different approach to generating individual duties from human rights that have governments as their primary addressees. Pogge emphasizes the Universal Declaration's Article 28 which says that “Everyone is entitled to a social and international order in which this the rights and freedoms set forth in this Declaration can be fully realized.” Pogge sees in this Article a plausible norm, namely that both countries and individuals have negative duties not to be complicit in an international order that unfairly disadvantages poor countries and the people in them. A coercive political order, whether national or international, “must not avoidably restrict the freedom of some so as to render their access to basic necessities insecure—especially through official denial or deprivation. If it does, then all human agents have a negative duty, correlative to the postulated social and economic human rights, not to cooperate in upholding it unless they compensate for their cooperation by protecting its victims or by working for its reform. Those violating this duty share responsibility for the harms (insecure access to basic necessities) produced by the unjust institutional order in question” (Pogge 2002, 67).

አዋጅ ቁጥር 1/1987 የኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ ሕገ መንግሥት Proclamation No. 1/1987 Federal Democratic Republic of Ethiopia Proclamation announcing the enactment of the Constitution

 አዋጅ ቁጥር 1/1987 የኢትዮጵያ ፌዴራላዊ ዲሞክራሲያዊ ሪፐብሊክ ሕገ መንግሥት

Proclamation No. 1/1987
Federal Democratic Republic of Ethiopia
Proclamation announcing the enactment of the Constitution
 

 

The Nations, Nationalities and Peoples of Ethiopia, through their elected representatives, on November 29, 1987. Following the adoption of the Constitution of the Federal Democratic Republic of Ethiopia, the following is announced.

1. Short title

This Proclamation may be cited as the "Constitution of the Federal Democratic Republic of Ethiopia No. 1/1987".

2. The enactment of the Constitution

Constitution of the Federal Democratic Republic of Ethiopia, August 15, 1987. It has been fully operational since.

3. When the Proclamation is in force

This proclamation was issued on August 15, 1987. It will be valid from the beginning.

Addis Ababa, August 15, 1987

 

Introduction

 

We, the nations, nationalities and peoples of Ethiopia:

Determined to build a peaceful political society based on the rule of law and our own free will, in order to achieve lasting peace, secure democracy, accelerate economic and social development in our country, Ethiopia.

In order to achieve this goal, we strongly believe in the fundamental rights of the individual and the nation, the equality of the sexes, and the need to ensure that cultures and religions move freely.

Ethiopia is a country where we have our own culture, our own landscape, and we live together and live together in different fields and levels of communication. Because we believe we have a common interest and perspective;

Recognizing that our future common destiny should be based on correcting the distorted relationships we have inherited from our history and enhancing our common interests;

Recognizing the importance of building an economic community to promote our interests, rights and freedoms collectively and mutually;

To ensure the sustainability of democracy and peace gained through our struggle and sacrifice;

This Constitution was approved by the Constituent Assembly today, November 29, 1987.

Chapter One

General Provisions

Article 1 - Name of the Government of Ethiopia

This constitution provides for a federal and democratic structure of government. Accordingly, the Ethiopian government is called the Federal Democratic Republic of Ethiopia.

Article 2 - Territory of Ethiopia

Ethiopia's territorial boundaries include federal boundaries and are determined in accordance with international agreements.

Article 3 - The purpose of the Ethiopian flag

1. The Ethiopian flag is green at the top, yellow at the bottom and red at the bottom, with a national emblem in the center. All three colors are evenly spaced horizontally.

2. The national emblem on the flag reflects the hope of the nations, nationalities, peoples and religions of Ethiopia to live in equality and unity.

3. Federal members may have their own flags and emblems. The details are decided by their respective councils.

Article 4 - Ethiopian National Anthem

The national anthem of Ethiopia is enshrined in law as a reflection of the purpose of the constitution and the belief of the Ethiopian people to live together in democracy, as well as their common future.

Article 5 - About language

1. All Ethiopian languages ​​are equally recognized by the government.

2. Amharic will be the working language of the Federal Government.

3. The members of the federation determine their own working language by law.

Article 6 - About citizenship

1. Her parents or one of her parents is an Ethiopian citizen.

2. Foreign nationals can obtain Ethiopian citizenship.

3. The details regarding citizenship are determined by law.

Article 7 - Gender

The provisions of this Constitution also include the gender of the woman.

Chapter Two

The basic principles of the Constitution

Article 8 - Sovereignty of the People

1. The nations, nationalities and peoples of Ethiopia are the sovereign of Ethiopia.
2. This constitution is a declaration of their sovereignty.

3. Their sovereignty is exercised through their elected representatives and direct democratic participation in accordance with this Constitution.

Article 9 - Supremacy of the Constitution

1. The constitution is the supreme law of the land. Any customary law, as well as the decision of a government body or authority, is unconstitutional.

2. All citizens, government bodies, political parties, other associations and their officials have a responsibility to uphold the Constitution and to abide by it.

3. It is prohibited to hold public office in any capacity other than that provided for in this Constitution.

4. International agreements ratified by Ethiopia are part of the country's law.

Article 10 - Human and Democratic Rights

1. Human rights and freedoms are inalienable and inalienable.

2. The human and democratic rights of citizens and peoples are respected.

Article 11 - Separation of State and Religion

1. Government and religion are different.

2. There will be no state religion.

3. The government does not interfere in religious affairs. Religion does not interfere with government affairs.

Article 12 - Government Activity and Accountability

1. Government practices must be transparent to the public.

2. Any official or elected official will be held accountable for his or her misconduct.

3. He may be removed from office if he does not trust the elected representative. The details are determined by law.

Chapter Three

Fundamental rights and freedoms

Article 13 - Applicability and Interpretation

1. The federal, state, legislative, and judicial bodies at all levels have the responsibility and obligation to comply with the provisions of this chapter.

2. The fundamental rights and freedoms set forth in this chapter shall be interpreted in accordance with the principles of international human rights law, international human rights treaties and international instruments adopted by Ethiopia.

Part One

Human rights

Article 14 - The right to life, security and liberty

Everyone has the right to life, liberty and security of person.

Article 15 - Right to Life

Everyone has the right to life. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16 - Right to Physical Safety

Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 17 - The right to liberty

1. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

2. No one shall be subjected to arbitrary arrest, detention or exile.

Article 18 - E - Prohibition of Human Treatment

1. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

2. No one shall be held in slavery or servitude; Trafficking in persons is prohibited for any purpose.

3. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation.

4. The phrase "forcibly or compulsory duty" in sub-article 3 of this Article does not include the following conditions:

A) Any work performed by a prisoner in accordance with the law while incarcerated, or any other activity performed at the time of his release;

B) Substitute service for a person whose conscience does not allow him to perform military service;

C) any service provided in the event of an emergency or emergency that endangers the life or safety of the community;

D)  Any economic and social development work to be carried out in the area with the consent of the people concerned.

Article 19 - Rights of Detainees

1. Arrested persons have the right to be informed of the charges in a language they understand immediately.
2. Detainees have the right not to speak, and they have the right to be informed as soon as they are arrested in a language they understand that any statement they make may be presented to them as evidence in court.

3. Detainees have the right to appear in court within 48 hours. This does not include the time required by the detainees to appear in court. As soon as they appear in court, they have the right to be told if there is a reason to be arrested for the alleged crime.

4. If the arrested police officer or law enforcement officer does not explain the reason for their detention to the court within the time limit, they have the inalienable right to ask the court to respect their liberty. However, if the circumstances require justice, the court may allow the detainee to remain in custody or to conduct an investigation only if necessary. When the court determines the length of the investigation, law enforcement officials in charge of the investigation must respect the right of the arrested person to appear in court as soon as possible.

5. Detainees are not required to give evidence of their own beliefs or to believe any evidence. Evidence obtained by coercion will not be accepted.

6. Detainees have the right to be released on bail. However, in exceptional circumstances, the court may order that the bail be not granted or that adequate bail be granted.

Article 20 - Rights of Defendants

1. Defendants have the right to a public hearing in a regular court within a reasonable period of time after a charge has been filed. However, in order to protect the privacy of the parties, the morale of the people and the security of the country, the case may be heard in closed session.

2. They have the right to be informed in sufficient detail and to have the charge in writing.

3. They have the right not to be convicted of a crime and not to be compelled to testify during a trial.

4. They have the right to question any witnesses, to present evidence to defend themselves, and to ask witnesses to testify.

5. They have the right to be represented by a lawyer of their choice or to have access to a public defender in the event of a lack of justice.

6. They have the right to appeal to a court of competent jurisdiction over the order or judgment of the trial court.

7. They have the right to request that the proceedings be interpreted at the expense of the government if the proceedings are conducted in a language they do not understand.

Article 21 - The rights of detainees and detainees

1. Detainees and detainees have the right to be treated in a manner that respects their human dignity.

2. They also have the right to meet and visit their spouses, close relatives, friends, religious counselors, doctors and legal counsel.

Article 22 - Whether the criminal law does not work backwards

1. No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. And no one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed.

2. Notwithstanding the provisions of sub-article 1 of this Article, the law enacted after the act is applicable to the defendant or the person being punished if the law enacted after the act is applicable.

Article 23 - Prohibition of re-punishment for a crime

No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed.

Article 24 - Right to Honor and Reputation

1. Everyone has the right to respect for his human dignity and reputation.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

3. Everyone has the right to recognition everywhere as a person before the law.

Article 25 - The Right to Equality

All men are equal before the law, They are equally protected by law without discrimination. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 26 - The Right to Privacy

1. Everyone has the right to life, liberty and security of person. This right includes the right to inspect his or her home, body, and property and to protect his or her property.

2. Private correspondence, correspondence, and communications with telephones, telecommunications, and electronic devices will not be compromised.

3. Government officials have a duty to respect and enforce these rights. The exercise of these rights may not be restricted unless compulsory and in accordance with detailed laws based on national security, public peace, the prevention of crime, the protection of public health and morals, 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 includes the right to freedom of peaceful assembly and association; its right to freedom of expression and association; its right to freedom of expression and association;

2. Notwithstanding the provisions of sub-article (2) of Article 90, religious persons may establish religious education and administrative institutions, which they may not be able to promote or organize.

3. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

4. Parents and legal guardians have the right to raise their children according to their own religious beliefs and morals.

5. The right to freedom of religion and belief may be restricted by laws enacted to ensure public safety, peace, health, education, public morals, the fundamental rights, freedoms, and government of all citizens.

Article 28 - Crimes against humanity

1. Crimes against humanity under international treaties ratified by Ethiopia and other Ethiopian laws; No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. Decisions by the legislature or any other body of government are not pardoned or pardoned.

2. Notwithstanding the foregoing, the title may be commuted to life imprisonment for persons convicted of the offenses referred to in sub-article 1 of this Article.

Part Two

Democratic rights

Article 29 - The right to freedom of opinion and expression

1. Anyone can take such an approach without interference.

2. Everyone has the right to freedom of opinion and expression; This right includes freedom to collect, 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 in any other media.

3. Freedom of the press and other media, as well as artistic creation, is guaranteed. Freedom of the press specifically includes the following rights:

A) Whether pre-screening is prohibited in any form;

B) Access to information in the public interest.

4. In order to ensure the free flow of information, ideas and opinions necessary for a democratic system, the president shall be protected by law in order to have the freedom to practice and act in a variety of ways.

5. Government-sponsored or state-controlled media are controlled in a way that does not accommodate a wide range of opinions.

6. These rights may be restricted only by laws based on the principle that freedom of thought and information should not be restricted by its content and its consequences. Legal restrictions may be imposed to protect the safety, dignity, and reputation of young people. Provocations of war and derogatory remarks may be prohibited by law.

7. Any citizen may be held liable if he or she is found to be in violation of any of the above rights.

Article 30 - Freedom of assembly, peaceful demonstration and petition - the right to appeal

1. Everyone has the right to freedom of peaceful assembly and association. Appropriate procedures may be in place to ensure that public gatherings and demonstrations do not interfere with public order or that ongoing gatherings and demonstrations do not violate the peace, democratic rights, or morals of the people.

2. This right does not preclude accountability under laws enacted to protect the safety of young people, human dignity and reputation, and to prevent acts of violence and public decrees.

Article 31 - Right to Organize

Everyone has the right to form and to join trade unions for any purpose. However, organizations that have established or promoted activities that violate the law or that violate the constitutional order are prohibited.

Article 32 - Freedom of Movement

1. Every Ethiopian or foreigner legally residing in the country has the right to move and settle in any part of the country of his choice, and to leave the country at any time.

2. Every Ethiopian has the right to return home.

Article 33 - Citizenship Rights

1. No Ethiopian can revoke his / her Ethiopian citizenship without his / her consent. An Ethiopian citizen's marriage to another citizen does not deprive him of his Ethiopian citizenship.

2. Every Ethiopian citizen has the right to the protection, protection and benefits of Ethiopian citizenship.

3. Every citizen has the right to change his or her Ethiopian citizenship.

4. Ethiopian citizenship can be granted to foreigners in accordance with laws and regulations that are inconsistent with international conventions ratified by Ethiopia.

Article 34 - Private and family rights of marriage

1. Men and women of legal age who are legally married have the right to marry and to start a family without any discrimination on the basis of race, ethnicity, nationality, or religion. They have the same rights in marriage, in marriage, and in divorce. At the time of the divorce, the rights and interests of the children are protected.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural foundation of society. He has the right to protection from society and the government.

4. Legislation may be enacted that recognizes marriages based on religious and cultural norms, especially those listed in the law.

5. This constitution does not prohibit the adjudication of personal and family law in accordance with religious or cultural law. The details are determined by law.

Article 35 - Women's Rights

1. Women have the same rights as men to exercise the rights and protections guaranteed by this Constitution.

2. According to this constitution, women have the same rights as men in marriage.

3. Women have the right to receive additional support for rehabilitation, taking into account their historical heritage of inferiority and inequality. The purpose of these measures is to pay special attention to women's participation in politics, social and economic life, as well as in public and private institutions.

4. The government must protect the right of women to be free from harmful influences. Laws, customs, and practices that oppress women or harm their bodies or minds are forbidden.

5. A) Women have the right to maternity leave with full pay. The length of maternity leave is determined by law, taking into account the woman's work situation, the woman's health, and the well-being of the child and family.

  B) Maternity leave may include maternity leave with full pay as required by law.

6. Women have the right to be fully involved in the planning and implementation of national development policies, especially in projects that affect the interests of women.

7. Women have the right to own, manage, control, use and transfer property. They have the same rights as men, especially in the use, transfer, administration, and control of land. They also have the right to be treated equally.

8. Women have equal rights to employment, promotion, equal pay and transfer pensions.

9. Women have access to family planning information and capacity to prevent and protect them from pregnancy and childbirth injuries.

Article 36 - Children's Rights

1. Every child has the following rights:

A) to survive,

B) acquisition of name and citizenship;

C)  To know and care for the parents or guardians;

D)  Protecting the labor from exploiting habits, and not forcing or engaging in activities that endanger the education, health and well-being;

E) To  be free from cruel, inhuman or degrading treatment or punishment in schools or orphanages.

2. Child welfare should be a top priority when taking action on children, whether in public or private charities, courts, authorities or the legislature.

3. Youth offenders, young people in correctional or rehabilitation institutions, young people growing up in government assistance, and young people in public or private institutions should be kept separate from adults.

4. Children born out of wedlock have the same rights as children born out of wedlock.

5. The government provides special protections for young people and encourages the establishment of institutions that facilitate and promote adoption and promote their well-being and education.

Article 37 - The Right to Justice

1. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

2. The decision or judgment referred to in sub-article 1 of this Article:

A) Any association representing the common or private interests of its members;

B) The right to request and receive any person or group member representing any group or persons with similar interests.

Article 38 - The right to vote and to stand for election

1. Every Ethiopian citizen has the following rights, regardless of race, ethnicity, nationality, sex, language, religion, political or other opinion, regardless of race or nationality.

A) Participate in the administration of public affairs through their directly and freely elected representatives;

B) Legally elected at the age of 18;

C) To be elected and re-elected at any level of government. The election must be universal, based on equality, and guaranteed by a secret ballot.

2. Everyone who casts their eyes upon it, wants a go. It must be respected.

3. Elections for positions of responsibility within the organizations referred to in sub-article 2 of this Article shall be conducted in a free and democratic manner.

4. The provisions of sub-articles 2 and 3 of this Article shall apply to public organizations as long as they have a broader impact on the public interest.

Article 39 - The rights of the peoples of the nations and nationalities

1. The right of every Ethiopian nation, ethnic group and people to self-determination, including secession, is unrestricted.

2. Every nation, ethnic group, and people of Ethiopia has the right to speak, write, develop their language, and express, develop and expand their culture, and preserve their history.

3. Every nation, ethnic group, and people of Ethiopia has the right to self-government. This right includes the right to self-determination in all areas of life, including the right to freedom of movement and residence within the borders of each State and territory.

4. The right of nations, nationalities and peoples to self-determination to secession shall be exercised;

A) When the secession request is approved by a two-thirds majority vote of the National, National or People's Legislative Assembly;

B) when the Federal Government organizes a referendum for the requesting nation, ethnicity or people within three years of the decision of the National, Nationality or People's Council;

C) When the question of secession is supported by a majority of the people's decision;

D) When the federal government hands over power to the elected nation, ethnic group or people's council;

E) The distribution of property in accordance with the law.

5. In this Constitution, "Nation, Nation, Nation" means a society that displays the following characteristics. They have a common culture, a common culture, or similar experiences, a common language, a common denominator, a common denominator, and a largely cohesive landscape.

Article 40 - Property rights

1. Every Ethiopian citizen is respected for his or her private property. This right includes the right to own property, to use it, or to sell, inherit, or otherwise transfer property, unless otherwise provided by law.

2. For the purposes of this Article, "private property" means any tangible and tangible result of the labor, creativity, or capital of any Ethiopian citizen or legal entity that is legally owned by Ethiopian associations or, in appropriate circumstances.

3. The ownership of land and natural resources, both rural and urban, belongs to the government and the people. Land that does not sell is the common property of the nations, nationalities and peoples of Ethiopia.

4. Ethiopian farmers have the right to free land and not to be evicted. Detailed laws will be issued regarding its implementation.

5. Ethiopian nomads have the right to free access, use and displacement of land for grazing and farming. The details will be determined by law.

6. While the ownership of land belongs to the nations, nationalities and peoples of Ethiopia, the government respects the right of private investors to use land at a legal rate. The details are determined by law.

7. Every Ethiopian shall have the right to the property, property, or property which is to be built on his land or to his permanent improvement. This right shall include the right to sell, exchange, inherit, repossess, transfer or claim compensation in accordance with the law.

8. Without prejudice to the right to own private property, the government may, in the event of a public interest, acquire private property in advance by paying reasonable compensation in advance.

Article 41 - Economic, Social and Cultural Rights

1. Every Ethiopian has the right to engage in any economic activity in the country and to work for a living.

2. All Ethiopians have the right to choose their livelihood, occupation and profession.

3. All Ethiopians have the right to equal access to government-sponsored social services.

4. The government allocates more and more resources to provide health, education and other social services.

5. The government will take care of the physically and mentally handicapped, the elderly and orphans to the best of their ability.

6. The government will pursue a policy of creating jobs for the unemployed and the needy; It also develops work programs to create job opportunities in its field of work and implements projects.

7. The government will take the necessary steps to increase the chances of finding good jobs.

8. Farmers and nomadic Ethiopians have the right to receive a fair price for their products, which is commensurate with their contribution to production. The government must be guided by this policy when developing economic, social and development policies.

9. The government is responsible for preserving cultural and historical heritage and contributing to the development of the arts and sports.

Article 42 - Workers' Rights

1. A) Factory and service workers, farmers, agricultural workers, other rural workers, government workers who are below certain levels of responsibility and whose work ethic permits them have the right to organize in order to improve working and economic conditions. This right includes the right to organize trade unions and other unions, and to negotiate with employers and other organizations that affect their interests.

  B) Employees referred to in sub-article (a) have the right to complain, including termination of employment.

  C) The right of government employees to exercise their recognized rights under sub-articles (a) and (b) shall be determined by law.

  D) Women workers are entitled to the same pay for the same work.

2. Workers have the right to a reasonable amount of work, leisure time, paid holidays, paid public holidays, and a healthy and safe work environment.

3. Laws enacted to enforce these rights shall, without prejudice to the rights recognized under sub-article 1 of this Article, establish a collective bargaining system and shall be subject to collective bargaining.

Article 43 - Right to Development

1. The people of Ethiopia in general and the nations, nationalities and peoples of Ethiopia in particular have the right to improve their living conditions and to achieve sustainable development.

2. Citizens have the right to participate in national development, and to have their say in policies and projects that affect the community to which they belong.

3. The government's international agreements and relations must respect Ethiopia's right to sustainable development.

4. The main purpose of the development movement is to meet the development and basic needs of the citizens.

Article 44 - Environmental Rights

1. Everyone has the right to a clean and healthy environment.

2. Everyone who has been displaced or affected by government programs is entitled to adequate financial or other alternative compensation, including adequate relocation through government assistance.

Chapter Four 

Government structure

Article 45 - System of Government

The system of government of the Federal Democratic Republic of Ethiopia is parliamentary.

Article 46 - Federal States

1. The federal government is made up of states.

2. Regions are formed on the basis of population, language, identity, and consent.

Article 47 - Members of the Federal Government

1. The members of the Federal Democratic Republic of Ethiopia are as follows:

1. Tigray Region
2. Afar region
3. Amhara region
4. Oromia Region
5. Somali region
6. Benishangul-Gumuz region
7. Southern Nations, Nationalities and Peoples' Region
8. Gambella People's Region
9. Harari People's Region

2. The nations, nationalities and peoples included in the territories referred to in sub-article 1 of this Article shall have the right to establish their own territories at any time.

3. The right of every nation, ethnic group, and people to establish its own territory;

A) When the request for the formation of a state is approved by a two-thirds majority vote of the nation, ethnic group or people's council and the request is submitted in writing to the state council;

B) When the requested State Council organizes a referendum for the requested nation, ethnic group or people within one year of receiving the request;

C) When the request for the establishment of a state is supported by a majority vote of the nation or the people's referendum;

D) When the State Council hands over its power to the requested nation, ethnic group or people;

E) A referendum on the formation of a new state shall be made without the need for a direct member of the Federal Democratic Republic of Ethiopia.

4. Members of the Federal Democratic Republic of Ethiopia have equal rights and powers.

Article 48 - Zoning changes

1. If there is a question of territorial boundaries, an agreement will be reached between the states concerned. If the concerned regions cannot agree, the House of Federation shall decide on the basis of the settlement and needs of the people.

2. Matters submitted in accordance with sub-article 1 of this Article shall be decided by the House of Federation within a period not exceeding two years.

Article 49 - Capital

1. The capital of the Federal Government is Addis Ababa.

2. The Addis Ababa City Administration shall have full authority to govern itself. The details are determined by law.

3. The Addis Ababa City Administration is accountable to the Federal Government.

4. Residents of Addis Ababa shall be represented in the Federal House of Peoples' Representatives in accordance with the provisions of this Constitution.

5. Oromia Region: In the case of service delivery or the use of natural resources, etc., as well as the administrative issues that connect the two arising from the fact that Addis Ababa is located in the middle of the Oromia region, the details will be determined by law.

Chapter Five

Structure and division of power

Article 50 - Structure of Authority

1. The Federal Democratic Republic of Ethiopia is made up of the federal government and the states.

2. The federal government and the states have legislative, executive, and judicial powers.

3. The highest authority in the Federal Government is the House of Peoples' Representatives of the Federal Government. He is accountable to the people of the country. The highest authority of the State is the State Council; It is accountable to the people of the region it represents.
4. Regions: They are organized into states and territories where they are deemed necessary. It gives sufficient power to the lower levels so that the people can participate directly in the lower levels of government.

5. The State Council is the legislative body of the State in matters under the jurisdiction of the State. Based on this constitution, it prepares, approves, and amends the state constitution.

6. The state government is the highest executive body of the state.

7. State jurisdiction is limited to the courts.

8. The powers of the federal government and the states are set out in this constitution. The powers vested in the federal government must be respected by the states. The powers vested in the states must be respected by the federal government.

9. The Federal Government may delegate to the states as it deems necessary in accordance with the powers and functions provided for in Article 51 of this Constitution.

Article 51 - Powers and Duties of the Federal Government

1. He upholds the Constitution; It protects.

2. Develop the country's overall economic, social and development policy, strategy and plan; Executes.

3. Develop and implement national standards for health, education, cultural and historical heritage, science and technology and basic policy measures.

4. It shall formulate and implement the country's financial, monetary, and foreign investment policies and strategies.

5. It enacts legislation on the use and protection of land, natural resources, and historical heritage.

6. Organizes national and public defense and security forces as well as the federal government police force; Leads.

7. Administers the National Bank; Prints money: Borrow: Controls foreign exchange and exchange. It issues laws and regulations regarding the borrowing of states from internal sources.

8. Determines foreign policy; Enforces policy; International agreements are signed; Approves.

9. It expands, manages, and controls air, rail, sea transport, postal and telecommunications services, as well as highways connecting two or more regions.

10. Imposes agricultural taxes on the revenue sources provided to the federal government; Manages: Draws federal budget; Approves: Manages.

11. Determines and administers the use of rivers and lakes that connect two or more regions or cross borders.

12. Directs trade relations and foreign trade between regions; Controls.

13. Manages one or more federally funded service institutions; It expands.

14. In the event of a security breach beyond the capacity of the state, it will deploy the national defense force at the request of the regional government.

15. This constitution sets out the political parties necessary for the exercise of the political rights enshrined in them, as well as the laws governing elections.

16. It declares a state of emergency in the whole country and in some parts of the country.

17. Citizenship application determines.

18. Immigration and passport issues of entry and exit; Depends on refugees and political asylum; Leads.

19. Allows copyright and copyright; He waits.

20. Produces uniform standards and timelines.

21. It regulates the use of firearms.

Article 52 - State Powers and Duties

1. Powers that are not explicitly vested in the Constitution by the Federal Government in particular or by the Federal Government and the States shall be state powers.

2. Subject to the provisions of sub-article 1 of this Article, the powers and functions of the States shall include:

A) Establish a regional government aimed at self-government; Build a democratic system where the rule of law prevails; He upholds this Constitution; Protects;

B) Enact and implement state constitutions and other laws;

C) Develop and implement the economic, social and development policies, strategies and plans of the region;

D) administer land and natural resources in accordance with the laws of the Federal Government;

E) imposes agricultural tax on the region in the revenue source set for the region; Collects: Shares the state budget; Executes:

F) Enact legislation regarding the management and working conditions of the employees of the State Government; Executes: However, it is responsible for ensuring that the qualifications for education, training and experience required for a position are in line with the country's overall standards.

G) Organize, direct, and maintain the peace and security of the region.

Chapter Six

About the Federal Government Councils

Article 53 - Federal Government Councils

The federal government will have two chambers; These are the House of Representatives and the House of Federation.

Part One

House of Representatives

Article 54 - Members of the House of Representatives

1. Members of the House of Peoples' Representatives; Every five years, they are elected by the people in a universal, free, direct, fair and secret ballot.

2. Members of the House of Representatives are elected in a constituency in which the candidate with the highest number of votes wins. Minorities and peoples who are believed to need special representation will be elected to the House of Representatives. The details are determined by law.

3. The number of members of the House shall not be less than 550, depending on the size of the population and the number of ethnic minorities and peoples to be given special attention. Of these, minorities shall have at least 209 seats. The details are regulated by law.

4. The members of the Council are the representatives of the whole nation. Their submission:

A) To the Constitution:

B) To the people: And

C) for their conscience;

       It just happens.

5. No member of the House will be prosecuted for his or her vote in the House. It does not take administrative action.

6. No member of the House shall be arrested without the permission of the House of Representatives unless he or she is involved in a serious crime; He will not be charged with a crime.

7. When a member of the House of Representatives loses the trust of the electorate, he or she shall be removed from office in accordance with the law.

Article 55 - Powers and Duties of the House of Peoples' Representatives

1. The House of Peoples' Representatives shall enact laws in the jurisdiction of the Federal Government in accordance with this Constitution.

2. Subject to the general provisions of sub-article 1 of this Article, the House of Peoples' Representatives shall enact detailed laws on the following matters:

A) Land and natural resources; Also regarding the use of transboundary rivers or lakes that connect more than one region;

B) Trade between regions; As well as foreign trade relations;

C) Air, rail and sea transport; Regarding postal and telecommunications services, as well as highways connecting two or more regions;

D) Regarding the exercise of political rights and elections provided for in this Constitution;

E) the right to citizenship; Immigration: Passport: With regard to entry and exit issues as well as immigration and political asylum issues;

F) Regarding a uniform measurement level and time formula;

G) Regarding copyright and artistic rights;

H) Regarding possession of a weapon.

3. It issues labor law.

4. Makes a code of commerce.

5. It enacts criminal law. Notwithstanding this, states have the power to legislate on matters that are not explicitly covered by the federal government's penal code.

6. In order to create an economic community, they are required by federal law to enact civil laws approved by the House of Federation.

7. Federal Government: National and public defense; Determines the organization of security and police forces. Investigates basic human rights and national security issues; It will take the necessary steps.

8. It declares a state of emergency in accordance with Article 93, and decides on the state of emergency to be issued by the law enforcement.

9. The Council of Ministers declares war on a draft law.

10. The country's overall economic, social, development policies and strategies; Approves financial and monetary policy; Money: National Bank Administration; Makes detailed rules regarding foreign exchange and exchange.

11. It imposes an agricultural tax on revenue sources reserved for the federal government. Approves federal budget.

12. The legislature approves international agreements.

13. Federal Court Judges; Members of the Council of Ministers; Commissioners: Approves the appointment of the Auditor General and other officials whose appointments must be approved by the House.

14. Establishes Human Rights Commission; It is determined by law.

15. Establishes ombudsman; Elects members to lead the institution; It names. It is determined by law.

16. When human rights are violated in any region and the state is unable to stop the act; Request a joint meeting of the House of Federation and the House of Peoples' Representatives to take appropriate action on its own initiative and without the consent of the State; In accordance with the decision made, it shall give instructions to the Regional Council.

17. The Council has the power to summon the Prime Minister and other federal government officials for questioning and to review the functioning of the executive branch.

18. The House shall discuss any authority vested in the executive branch by a one-third majority of the members of the House. The council has the power to consult on the matter and to take whatever action is deemed necessary.

19. Elects the Speaker and Deputy Speaker of the House; Establishes the standing and ad hoc committees required for the work of the council.

Article 56 - Political Power

The political party or coalition that holds the majority of seats in the House shall organize the executive branch of the Federal Government; Leads.

Article 57 - Legislation

The law, which was approved by the House, will be signed by the President of the country; The president will sign within 15 days. If the president does not sign within 15 days, the law will take effect.

Article 58 - Meetings and Term of Office of the House

1. A quorum is present if more than half of the members are present.

2. The council's working hours are Monday through June, the last week of September. In the meantime, he will have a month's leave when the council decides.

3. The House of Representatives shall be elected for a term of five years; A new election will be held one month before the end of the term.

4. When the House is on vacation, a meeting of the Speaker may be convened. If more than half of the members of the House request a meeting, the Speaker is obliged to convene a meeting.

5. Meetings of the House of Peoples' Representatives will be held in public; However, a closed-door meeting may be convened if requested by members of the House or by the Federal Executive and supported by more than half of the members of the House.

Article 59 - Decisions and Rules of Procedure of the House 

1. Unless otherwise provided in this Constitution, any decisions shall be made by a majority of the members of the House.

2. The council shall issue regulations regarding its procedures and legislative process.

Article 60 - Dissolution of the House

1. The Prime Minister may dissolve the House with the consent of the House to hold new elections before the end of his term.

2. The president invites political parties to form a coalition government within a week of the dissolution of the Council of Ministers and the formation of a coalition government with the ruling party. If the political parties fail to form a new government or maintain unity, the council is dissolved and new elections are held.
3. If the House is dissolved in accordance with sub-article 1 or 2 of this Article, a new election shall be held within six months.

4. Within 30 days of the election, the new House of Representatives will begin its work.

5. After the dissolution of the House of Representatives, the ruling political party or coalition of political parties cannot issue new proclamations, rules and regulations or repeal or amend existing laws, except in the day-to-day running of the government and holding elections.

Part Two - House of Federation - Article 61 - Members of the House of Federation

1. The House of Federation is the House of Representatives of the nations, nationalities, and peoples of the Federal Member States.

2. Each nation has at least one representative; In addition, one million people per nation will have one additional representative.

3. Members of the House of Federation shall be elected by State Councils; State councils are elected by themselves or directly by the people to represent a member of the House of Federation.

Article 62 - Powers and Duties of the House of Federation

1. The council has the power to interpret the constitution.

2. Organizes a Constitutional Inquiry Council.

3. In accordance with the Constitution, it shall decide on matters relating to the right of nations, nationalities and peoples to self-determination, including secession.

4. It promotes and develops the equality of the people and the unity of the people as enshrined in the Constitution.

5. Performs joint powers with the House of Representatives.

6. It seeks to resolve disputes between states.

7. The revenue allocated jointly by the states and the federal government is divided between the two; It also determines the formula for federal subsidies to states.

8. Determines civil matters that need to be legislated by the House of Representatives.

9. The federal government is required to intervene if any state violates this constitution and endangers its constitutional order.

10. It shall establish various standing and ad hoc committees of the Council.

11. The House shall elect its own Speaker and Deputy Speaker; It shall issue its own rules of conduct and internal administration.

Article 63 - Rights of members of the House of Federation

1. No member of the House of the Federation shall be prosecuted for any comments or votes made at any meeting of the House; No administrative action will be taken.

2. No member of the House of Federation shall be arrested or prosecuted without the consent of the House of Representatives unless he or she is involved in a serious crime.

Article 64 - Decisions and Rules of Procedure

1. The quorum of the House of Federation shall be two-thirds of the members. Any decision can only be made with the support of more than half of the members present.

2. Members can only vote in person.

Article 65 - About the budget

The House of the Federation shall decide the budget by submitting it to the House of Peoples' Representatives.

Article 66 - Powers of the Speaker of the House

1. The Speaker of the House of the Federation presides over the meetings of the House.

2. He oversees all administrative functions on behalf of the Council.

3. Implement disciplinary action against its members.

Article 67 - Meeting and Termination

1. The Council of the Federation meets at least twice a year.
2. The term of office of the Federation Council shall be five years.

Article 68 - Impossibility of membership in both Houses

No one may be a member of the House of Representatives or the House of Federation at the same time.

Chapter Seven

About the President of the Republic

Article 69 - About the President

The President is the head of state of the Federal Democratic Republic of Ethiopia.

Article 70 - Appointment of the President

1. The power to nominate a candidate for the presidency rests with the House of Representatives.

2. The nominee shall be elected President by a two-thirds majority vote of the House of Peoples' Representatives and the House of Federation.

3. If a member of the House is elected President, he or she shall vacate the seat of the House of Representatives.

4. The president's term is six years. No one can be elected president more than twice.

5. After the approval of the Presidential Election in accordance with sub-article 2 of this Article, before the commencement of the proceedings, the General Assembly shall declare its allegiance to the Constitution and the people of Ethiopia in the following words:

"I ... I promise to faithfully carry out my responsibilities when I take office as President of the Federal Democratic Republic of Ethiopia today."

Article 71 - Powers and Duties of the President

1. Opens the annual joint meeting of the House of Peoples' Representatives and the House of Federation.

2. In accordance with this Constitution, the House of Peoples' Representatives announces laws and international agreements approved by the Negarit Gazeta.

3. The Prime Minister shall appoint ambassadors and other ambassadors to represent the country abroad.

4. Receives letters of appointment of foreign ambassadors and special envoys.

5. Provides goals and awards according to the law.

6. At the request of the Prime Minister, he shall be promoted to a higher rank in accordance with the law.

7. He forgives according to the law.

Chapter Eight

Law enforcement

Article 72 - Executive Powers

1. The executive branch of the Federal Government of Ethiopia is vested in the Prime Minister and the Council of Ministers.

2. The Prime Minister and the Council of Ministers are accountable to the House of Representatives. The members of the Council of Ministers are jointly responsible for the decisions they make in government.

3. Unless otherwise provided in this Constitution, the term of office of the Prime Minister shall be the term of office of the House of Peoples' Representatives.

Article 73 - Nomination of the Prime Minister

1. The Prime Minister is elected from among the members of the House of Representatives.

2. The political party that has the majority of the seats in the House of Peoples' Representatives or the political parties that have won will take over the government.

Article 74 - Powers and Duties of the Prime Minister

1. The Prime Minister is the Chairman of the Council of Ministers and the Commander-in-Chief of the Armed Forces.

2. The Prime Minister nominates members of the Council of Ministers to the House of Peoples' Representatives for approval.

3. Monitors and ensures the implementation of laws, policies, directives and decisions made by the House of Representatives.

4. He leads, coordinates, and represents the Council of Ministers.

5. Monitors the implementation of policies, regulations, directives and decisions made by the Council of Ministers.

6. It oversees the country's foreign policy.

7. The House of Peoples' Representatives approves the appointment of commissioners, the President of the Central Supreme Court, the Vice-President and the Auditor General.

8. Supervises the performance and efficiency of the administration and takes the necessary corrective measures.

9. Provides senior government civil appointments other than those listed in sub-articles 2 and 7 of this Article.

10. The House of Representatives shall present awards and awards to the President in accordance with the law or the decision of the House of Representatives.

11. It shall periodically report to the House of Peoples' Representatives on the situation in the country, the activities of the government and future plans.

12. It shall carry out its functions in accordance with this Constitution and other laws.

13. He respects and upholds the constitution.

Article 75 - About the Deputy Prime Minister

1. Deputy Prime Minister

A) Perform the functions assigned by the Prime Minister;

B) He shall act in the absence of the Prime Minister.

C) The Deputy Prime Minister shall be accountable to the Prime Minister.

Article 76 - Council of Ministers

1. Council of Ministers: It is composed of the Prime Minister, the Deputy Prime Minister, the Ministers and other members, in accordance with the law.

2. The Council of Ministers is accountable to the Prime Minister.

3. The House of Representatives is accountable to the Council of Ministers for its decisions.

Article 77 - Powers and Duties of the Council of Ministers

1. The Council of Ministers shall ensure that the laws and decisions passed by the House of Peoples' Representatives are implemented and issue directives.

2. Determines, coordinates, and directs the activities of the Ministries and other government bodies directly accountable to the Council of Ministers.

3. Prepares the annual budget of the Federal Government, submits it to the House of Peoples' Representatives, and ensures its implementation when approved.

4. Ensures the implementation of monetary and financial policies, administers the National Bank, publishes money, borrows from domestic and foreign sources, and monitors foreign exchange and foreign exchange.

5. Protects copyright and artistic rights.

6. Designs and implements economic, social and development policies and strategies.

7. Creates uniform standards and timelines.

8. It formulates and implements the country's foreign policy.

9. It ensures that law and order are upheld.

10. Declares a state of emergency; Within the time limit set by this Constitution, it shall submit the declared state of emergency to the House of Peoples' Representatives for approval.

11. Draws legislation on all matters, including war, to the House of Representatives.

12. They perform other functions assigned to them by the House of Representatives and the Prime Minister.

13. It shall issue regulations in accordance with the powers vested in it by the House of Representatives.

Chapter Nine

About the structure and jurisdiction of the courts

Article 78 - About the Independent Judiciary

1. An independent judiciary is established by this Constitution.

2. The highest judicial body of the Federal Government shall be the Federal Supreme Court. When the House of Peoples' Representatives deems it necessary, it may be decided by two-thirds of the votes to form the Federal High Court and the Court of First Instance in whole or in part. If the case is not resolved in this way, the powers of the federal high and lower courts are vested in the state courts.

3. Regions: There will be state supreme courts, state high courts and state first instance courts. The details are determined by law.

4. Judicial jurisdiction shall not be established by a tribunal or a tribunal that does not adhere to the rule of law.

5. The House of Peoples' Representatives and State Houses may establish or recognize religious and cultural courts in accordance with Article 34, Sub-Article 5. Prior to the adoption of this new constitution, religious and cultural courts, which had been recognized by the government, were established under this Constitution.

Article 79 - Jurisdiction

1. Judicial power is vested in the federal and state courts.

2. The judiciary at all levels is independent of any government body, authority, or other influence.

3. Judges carry out their judicial functions with impunity. They are not guided by anything but the law.

4. No judge shall be arbitrarily deprived of his liberty except in the following circumstances:

A) When the Judicial Council determines that it has committed a crime in violation of the Judicial Code or has significantly reduced its efficiency and effectiveness; or

B) determines that he is unable to perform his duties properly due to illness, and

C) When the decision of the assembly is approved by more than half of the votes cast by the House of Peoples' Representatives or the regional councils.

5. The retirement period of any judge will not be extended.

6. The Federal Supreme Court shall submit to the House of Peoples' Representatives the budget for the administration of the Federal Judiciary and shall administer the budget when approved.

7. State budgets are allocated to state councils. The House of Peoples' Representatives provides budget compensation to the state Supreme Courts and State Supreme Courts, which oversee the judicial jurisdiction of the Federal High and First Instance Courts.

Article 80 - Coalition and jurisdiction of the courts

1. The Federal Supreme Court has jurisdiction over federal matters.

2. The State Supreme Court has jurisdiction over the state's affairs. It also has jurisdiction over the Federal High Court.

3. Notwithstanding the provisions of sub-articles 1 and 2 of this Article,

A) The Federal Supreme Court shall have the power to review any final decision which is fundamentally flawed. The details are determined by law.

B) The State Supreme Court shall have jurisdiction over the final decision of a state court which has a fundamental error of law. The details are determined by law.

4. In addition to the jurisdiction of the State Supreme Court, the Federal Court of First Instance has jurisdiction.

5. Appeals to the State Supreme Court's decision in the Federal Court of First Instance will be heard by the State Supreme Court.

6. Appeals to the Federal Supreme Court's decision are heard by the Federal Supreme Court.

Article 81 - About the appointment of judges

1. The President and Vice-President of the Federal Supreme Court shall be appointed by the House of Peoples' Representatives on the recommendation of the Prime Minister of the Federal Government.

2. With regard to other judges of the Federal Supreme Court, the Prime Minister shall nominate the nominees to the House of Peoples' Representatives.

3. The President and Vice-President of the State Supreme Court shall be appointed by the State Council on the recommendation of the head of state.

4. Judges of the State Supreme Court and the State High Court shall be appointed by the Regional Council at the recommendation of the Regional Judicial Council. Before the Regional Judicial Council before presenting the appointments to the House, it is the responsibility of the Federal Judicial Council to consult with the candidates and submit their comments to the Regional Council. If the Federal Judicial Council does not submit its recommendation within three months, the Regional Council shall approve the appointment.

5. Judges of the State Court of First Instance shall be appointed by the Regional Council at the recommendation of the Regional Judicial Council.

6. Discipline and transfer of judges at all levels will be decided by the relevant Judicial Council.

Article 82 - Structure of the Constitutional Inquiry Council

1. The Constitutional Inquiry Council was established by this Constitution.

2. The Constitutional Inquiry Council will have eleven members. Its members are as follows:

A) Chairman of the Federal Supreme Court;

B) Vice President, Vice-Chairman of the Federal Supreme Court;

C) Six professional lawyers who have been certified by the President of the Republic by the House of Peoples' Representatives;

D) Three members of the House of Federation.

3. The Constitutional Inquiry Council may be set up to ensure efficiency.

Article 83 - Interpreting the Constitution

1. When a constitutional dispute arises, it is decided by the House of Federation.

2. The House of Federation shall, within thirty days, decide on a constitutional matter before the Constitutional Inquiry Council.

Article 84 - Powers and Duties of the Constitutional Inquiry Council

1. The Constitutional Inquiry Council has the power to investigate constitutional matters. When it deems it necessary to interpret the constitution on the basis of its investigation, it shall make a decision to the House of Federation.

2. When a question arises as to whether the laws enacted by the Federal Government or the State Legislature are inconsistent with this Constitution, the matter shall be investigated by the relevant court or its client and submitted to the House of Federation for a final decision.

3. When asked about the interpretation of the Constitution in the courts,

A) Return the matter to the relevant court if it deems it necessary to interpret the Constitution; A client who is dissatisfied with the decision of the Inquiry Council may appeal to the House of Federation.

B) Submit to the House of Federation the final decision on the constitutional interpretation of the matter if it believes that there is a question of interpretation.

4. Draw a guideline to the House of the Federation and implement it when approved.

Chapter Ten

Principles and Objectives of National Policy

Article 85 - Objectives

1. Any body of government must adhere to the principles and objectives set out in this chapter when implementing the Constitution, other laws, and policies.

2. In this chapter, "government" means federal or state governments, depending on the situation.

Article 86 - Principles of Foreign Relations

1. Promoting foreign policy that protects the interests of the Ethiopian people and upholds the country's sovereignty.

2. Respect for the sovereignty and equality of governments, not interfering in the affairs of other countries.

3. Ensure that the country's foreign policy is based on mutual benefit and equality and that international agreements are in Ethiopia's interest.

4. Respect for international laws and treaties that uphold Ethiopia's sovereignty and do not infringe on the interests of its people.

5. Developing ever-growing economic alliances and brotherhood with neighboring countries and other African countries.

6. Efforts to resolve conflicts amicably.

Article 87 - Principles of Defense

1. The country's armed forces may consist of a balanced mix of nations, nationalities, and peoples.

2. The Minister of Defense will be a civilian.

3. In addition to protecting the sovereignty of the country, the Armed Forces shall carry out the functions of the state of emergency in accordance with this Constitution.

4. The Armed Forces shall at all times abide by the Constitution.

5. The armed forces perform their duties in a non-partisan manner.

Article 88 - Political Objectives

1. The government must facilitate the people to govern themselves at all levels based on democratic principles.

2. The government has a duty to respect the identities of nations, nationalities, and peoples and, accordingly, to promote equality and brotherhood among them.

Article 89 - Economic Purposes

1. The government has a responsibility to design a way for all Ethiopians to benefit from the country's accumulated knowledge and resources.

2. The government has an obligation to improve the economic conditions of Ethiopians so that they have equal opportunities and facilitate the equitable distribution of wealth.

3. Prevent natural and man-made disasters and provide timely assistance to victims.

4. The government will provide special support to developing nations, nationalities, and peoples.

5. The government has a responsibility to ensure that land and natural resources are held in the name of the people for the common good and development of the people.

6. The government must involve the people at all levels when developing national development policies and programs. It should also support public development activities.

7. The government has a responsibility to facilitate equal participation of women in economic and social development.

8. The government must work to ensure the health and well-being of the working class.

Article 90 - Social Objectives

1. To the extent possible, all Ethiopians have access to education, health services, clean water, housing, food and social security.

2. Education must be free from all forms of religious, political, and cultural influences.

Article 91 - Cultural Objectives

1. The government has a responsibility to ensure that fundamental rights and human dignity are equally developed and nurtured by cultures and customs that do not conflict with democracy and the constitution.

2. Protecting the country's natural resources and heritage is the responsibility of the government and all Ethiopians.

3. The government has a duty to promote the arts, science and technology to the best of its ability.

Article 92 - Environmental Safety Objectives

1. The government has a responsibility to ensure that all Ethiopians have a clean and healthy environment.

2. Any economic development action must not jeopardize the environment.

3. When designing and implementing public safety policies and programs, all concerned communities must be consulted.

4. Governments and citizens have a responsibility to care for their environment.

Chapter Eleven

Various provisions

Article 93 - Emergency Proclamation

1. A) The Council of Ministers of the Federal Government has the power to declare a state of emergency in the event of a foreign invasion or a situation that threatens the constitutional order and is beyond the control of the law enforcement system.

 (B) In the event of a natural disaster or a pandemic, state governments may declare a state of emergency. The details shall be determined by the constitutions of the states in accordance with this Constitution.

2. A state of emergency declared in accordance with sub-article 1 (a) of this Article;

A) The House of Peoples 'Representatives must be notified to the House of Peoples' Representatives within forty-eight hours of the announcement. If the proclamation is not approved by a two-thirds majority in the House of Representatives, it shall be repealed immediately.

B) Notwithstanding the provisions of sub-article (a) above, a state of emergency declared during the absence of the House of Peoples 'Representatives shall be submitted to the House of Peoples' Representatives within fifteen days of the proclamation.

3. The state of emergency declared by the Council of Ministers can last up to six months after it is approved by the Council. The House of Representatives may, by a two-thirds majority, renew a state of emergency every four months.

4. A) When the state of emergency is declared, the Council of Ministers shall have the power to maintain the peace and existence of the country, public safety, law and order in accordance with regulations issued by it.

 B) The power of the Council of Ministers may, to the extent necessary, eliminate the fundamental political and democratic rights enshrined in the Constitution, to the extent necessary to eliminate the issue that led to the declaration of the state of emergency.

 C) The provisions and actions taken by the Council of Ministers under the Emergency Proclamation shall not in any way limit the rights provided for in Articles 1, 18, 25 and 39 Sub-Articles 1 and 2 of this Constitution.

5. During the declaration of a state of emergency, the House of Peoples' Representatives shall establish a seven-member Board of Inquiry from among its members and lawyers. The Board shall be established upon the approval of the House of Peoples' Representatives.

6. The Board of Inquiry into the Implementation of the State of Emergency has the following powers and responsibilities:

A) Announce the names of the individuals arrested as a result of the state of emergency within one month and state the reasons for their arrest;

B) Supervise and monitor the actions taken during the state of emergency in an inhumane manner;

C) Recommend that the Prime Minister or the Council of Ministers correct any action deemed inhumane.

D) Bring to justice all perpetrators of inhumane acts;

E) To submit to the House of Peoples' Representatives a request for the continuation of the state of emergency.

Article 94 - Regarding financial expenses

1. The federal government and the states shall each bear the costs of carrying out their legal duties and responsibilities, but the costs of any state acting on their behalf shall be borne by the delegating party unless otherwise agreed.

2. The federal government may provide loans and assistance to states for emergency rehabilitation and development assistance, unless it is an impediment to sustainable development. The Federal Government shall have the power to audit and oversee the subsidies of the states.

Article 95 - Regarding Financial Income

The federal government and the states share the revenue according to the federal structure.

Article 96 - Taxation of the Federal Government

1. The federal government imposes and collects customs duties, taxes, and other taxes on exports and imports.

2. It imposes and collects labor taxes on employees of the federal government and international organizations.

3. It levies and collects business profit tax, labor tax, sales and excise tax on public enterprises owned by the federal government.

4. Taxes and collects taxes on national lottery and other lottery income.

5. It levies and collects taxes on air, rail and sea transport revenues.

6. It levies, collects, and determines the income of homes and other property owned by the federal government.

7. Determines and collects fees arising from licenses and services provided by federal government bodies.

8. Monopoly levies and collects taxes.

9. Federal stamp duty levies and collects taxes.

Article 97 - Taxation of State Governments

1. States levy and collect labor taxes on state government and corporate employees.

2. Land use fees are determined and collected.

3. They levy and collect farm income tax on privately owned and cooperative farmers.

4. They levy and collect business profits and sales tax on individual traders in the region.

5. They tax and collect income from water transport in the region.

6. The state government levies and collects taxes on income from privately owned houses and other property, and leases rent on homes and other property owned by them.

7. They levy and collect business profits, labor taxes, sales and excise taxes on public enterprises owned by the state.

8. Subject to the provisions of sub-article 3 of Article 98, they shall levy and collect mining income tax, royalties and rent on mining.

9. Fees arising from licenses and services issued by state bodies shall be determined and collected.

10. Forest royalties are determined and collected.

Article 98 - Joint tax authority

1. The federal government and the states shall jointly levy and collect profit tax, labor tax, sales and excise tax on public enterprises established jointly.

2. They jointly levy and collect agricultural sales tax on corporate profits and shareholders' profits.

3. They collect and collect income tax and royalties on major mining and any petroleum and gas works.

 

Article 99 - Unspecified Tax and Tax Powers

 

The House of Federation and the House of Peoples' Representatives shall decide by a two-thirds majority vote on the powers not specified in this Constitution.

Article 100 - Principles of Taxation

1. States and the federal government must ensure that the taxes required are taxable in relation to the source and properly assessed.

2. They need to make sure that the relationship between them is not compromised and that it is commensurate with the service provided.

3. Unless it is a for-profit organization, states do not have the power to levy taxes on state property.

Article 101 - Auditor General

1. The Auditor General shall be appointed by the House of Peoples' Representatives on the recommendation of the Prime Minister.

2. The Auditor General oversees the accounts of the Federal Ministries and other ministries and reports to the House that the annual budget allocated by the House of Peoples' Representatives has been used properly.

3. The Auditor General submits his office budget directly to the House of Peoples' Representatives for approval.

4. The functions of the Auditor General are determined by law.

Article 102 - Electoral Board

1. A free and fair National Electoral Board shall be established to conduct free and fair elections in federal and state constituencies.

2. The members of the Board shall be appointed by the House of Peoples' Representatives on the recommendation of the Prime Minister. The details are determined by law.

Article 103 - Census Commission

1. There will be a Census Commission that will regularly study and conduct a census of the country's population.

2. The members of the Commission shall be appointed by the House of Peoples' Representatives on the recommendation of the Prime Minister.

3. The commission will have a secretary, necessary staff and support staff.

4. The annual budget of the Commission shall be submitted directly to the House of Peoples' Representatives for approval.

5. A census is conducted every ten years. As a result, the House of Federation shall decide on the drafting of constituencies by the Board of Elections.

6. The Commission is accountable to the House of Peoples' Representatives. Regularly reports to the Council on the performance of the work.

Article 104 - Generating a Constitutional Amendment

If a proposal to amend the Constitution is approved by the House of Peoples' Representatives by a two-thirds majority, the House of Federation by a two-thirds majority, or by one-third of the member states of the Federation by a majority vote.

Article 105 - To amend the Constitution

1. All the rights and freedoms enumerated in Chapter Three of this Constitution, this Article: Also, Article 104 can only be amended in the following manner:

A) When all the regional councils approve the amendment by a majority vote;

B) when the House of Peoples' Representatives of the Federal Government approves the amendment by a two-thirds majority, and

C) When the House of Federation approves the amendment by a two-thirds majority.

2. The provisions of the Constitution other than those listed in sub-article 1 of this Article may be amended only in the following manner:

A) When the House of Peoples' Representatives and the House of the Federation unanimously approve the amendment by a two-thirds majority;

B) Two-thirds of the member states of the federation approve the amendment by a majority vote.

Article 106 - Copy of final legal recognition

The Amharic version of this constitution is the last legally recognized document.