Ethiopia is a land-locked country, bordering Eritrea, Djibouti, Somalia,
Kenya, and South Sudan. Multiple official and regional languages exist.
Ethnic communities abound, and no one is the majority. 67% are
Christians and 31% are Muslims. With a population of 11,04,300 square
kilometers, the state has a population of about 11,78,76,000.
According to the Ethiopian constitution, the state and religion are
separate. Everyone has the right to protection against physical abuse.
Every accused has the right to get justice in a public court using his
own lawyer. If someone fails to hire a lawyer, the state will hire a
lawyer on their behalf. The constitution guarantees equal rights for
all, irrespective of religion, caste or political opinion. Everyone's
right to privacy, right to associate, right to property is guaranteed.
Everyone has the right to a clean and healthy environment. The
constitution clearly states the environmental goal, the economic goal -
so that the government can move freely.
These are positive aspects. Now let's discuss the negative aspects.
The term "Public Morality" has been mentioned in several articles of
the constitution. It's dangerous. What is immoral in the eyes of some
may not be so in the eyes of others. A clear explanation in the
constitution is desirable.
Admirable Articles of Ethiopia's Constitution
Article 11. Separation of State and Religion
1. State and religion are separate.
2. There shall be no state religion.
3. The state shall not interfere in religious matters and religion shall not interfere in state affairs.
Article 16. The Right of the Security of Person
Everyone has the right to protection against bodily harm.
Article 18. Prohibition against Inhuman Treatment
1. Everyone has the right to protection against cruel, inhuman or degrading treatment or punishment.
2. No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited.
3. No one shall be required to perform forced or compulsory labour.
4. For the purpose of sub-Article 3 of this Article the phrase "forced or compulsory labour" shall not include:
a. Any work or service normally required of a person who is under detention in consequence of a lawful order, or of a person during conditional release from such detention;
b. In the case of conscientious objectors, any service exacted in lieu of compulsory military service;
c. Any service exacted in cases of emergency or calamity threatening the life or wellbeing of the community;
d. Any economic and social development activity voluntarily performed by a community within its locality.
Article 20. Rights of Persons Accused
1. Accused persons have the right to a public trial by an ordinary court of law within a reasonable time after having been charged. The court may hear cases in a closed session only with a view to protecting the right to privacy of the parties concerned, public morals and national security.
2. Accused persons have the right to be informed with sufficient particulars of the charge brought against them and to be given the charge in writing.
5. Accused persons have the right to be represented by legal counsel of their choice, and, if they do not have sufficient means to pay for it and miscarriage of justice would result, to be provided with legal representation at state expense.
Article 25. Right to Equality
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status.
Article 26. Right to Privacy
1. Everyone has the right to privacy. This right shall include the right not to be subjected to searches of his home, person or property, or the seizure of any property under his personal possession.
2. Everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices.
3. Public officials shall respect and protect these rights. No restrictions may be placed on the enjoyment of such rights except in compelling circumstances and in accordance with specific laws whose purposes shall be the safeguarding of national security or public peace, the prevention of crimes or the protection of health, public morality or the rights and freedoms of others.
Article 31. Freedom of Association
Every person has the right to freedom of association for any cause or purpose. Organizations formed, in violation of appropriate laws, or to illegally subvert the constitutional order, or which promote such activities are prohibited.
Article 40. The Right to Property
3. The right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the State and in the peoples of Ethiopia. Land is a common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange.
4. Ethiopian peasants have right to obtain land without payment and the protection against eviction from their possession. The implementation of this provision shall be specified by law.
5. Ethiopian pastoralists have the right to free land for grazing and cultivation as well as the right not to be displaced from their own lands. The implementation shall be specified by law.
6. Without prejudice to the right of Ethiopian Nations, Nationalities, and Peoples to the ownership of land, government shall ensure the right of private investors to the use of land on the basis of payment arrangements established by law. Particulars shall be determined by law.
7. Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. This right shall include the right to alienate, to bequeath, and, where the right of use expires, to remove his property, transfer his title, or claim compensation for it. Particulars shall be determined by law.
8. Without prejudice to the right to private property, the government may expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of the property.
Article 41. Economic, Social and Cultural Rights
5. The State shall, within available means, allocate resources to provide rehabilitation and assistance to the physically and mentally disabled, the aged, and to children who are left without parents or guardian.
Article 44. Environmental Rights
1. All persons have the right to a clean and healthy environment.
2. All persons who have been displaced or whose livelihoods have been adversely affected as a result of State programmes have the right to commensurate monetary or alternative means of compensation, including relocation with adequate State assistance.
Article 89. Economic Objectives
3. Government shall take measures to avert any natural and man-made disasters, and, in the event of disasters, to provide timely assistance to the victims.
Article 92. Environmental Objectives
1. Government shall endeavour to ensure that all Ethiopians live in a clean and healthy environment.
2. The design and implementation of programmes and projects of development shall not damage or destroy the environment.
3. People have the right to full consultation and to the expression of views in the planning and implementation of environmental policies and projects that affect them directly.
4. Government and citizens shall have the duty to protect the environment.
Facts of Ethiopia's Constitution
Article 26. Right to Privacy
3. Public officials shall respect and protect these rights. No restrictions may be placed on the enjoyment of such rights except in compelling circumstances and in accordance with specific laws whose purposes shall be the safeguarding of national security or public peace, the prevention of crimes or the protection of health, public morality or the rights and freedoms of others.
Article 27. Freedom of Religion, Belief and Opinion
5. Freedom to express or manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, peace, health, education, public morality or the fundamental rights and freedoms of others, and to ensure the independence of the state from religion.
Article 78. Independence of the Judiciary
5. Pursuant to sub-Article 5 of Article 34 the House of Peoples' Representatives and State Councils can establish or give official recognition to religious and customary courts. Religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution.
