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ETHIOPIAN LAW GUIDE · CONSTITUTION

The Ethiopian Constitution, explained

The Constitution of the Federal Democratic Republic of Ethiopia (Proclamation No. 1/1995) is the supreme law of Ethiopia. Under Article 9, any law, customary practice or official decision that contravenes it has no effect. It creates a federal state, lists fundamental rights and freedoms, and gives the House of the Federation the power to interpret it.

Checked against the cited texts on Legal information, not legal advice

KEY POINTS

  • Article 9(1): the Constitution is the supreme law of the land.
  • Article 106: the Amharic version has final legal authority.
  • Articles 62(1) and 83(1): the House of the Federation interprets the Constitution and decides constitutional disputes.
  • Article 40(3): ownership of rural and urban land and of natural resources is vested exclusively in the State and in the peoples of Ethiopia.

How the Constitution is organised

The Constitution was ratified on 8 December 1994 and came into full force and effect on 21 August 1995, as Proclamation No. 1/1995 records. It has 106 articles.

Articles 13 to 44 set out human and democratic rights. Article 13(2) requires those rights to be interpreted consistently with the Universal Declaration of Human Rights, the international human rights covenants and the international instruments Ethiopia has adopted.

Federalism, languages and Addis Ababa

Ethiopia is a federation of the Federal Government and member states. Article 5 gives all Ethiopian languages equal state recognition, makes Amharic the working language of the Federal Government, and lets each member state choose its own working language by law.

Article 49 makes Addis Ababa the capital. Its residents have a full measure of self-government, and its administration is responsible to the Federal Government. Articles 96 to 99 divide the power to tax between the Federal Government and the states.

Rights most often researched

Frequently researched provisions include the rights of persons arrested and accused (Articles 19 and 20), the prohibition on retroactive criminal law (Article 22), marital, personal and family rights (Article 34), the rights of women and children (Articles 35 and 36), access to justice (Article 37), property (Article 40), economic, social and cultural rights (Article 41) and the rights of labour (Article 42).

Article 37 provides that everyone has the right to bring a justiciable matter to, and to obtain a decision or judgement by, a court of law or any other competent body with judicial power.

Courts and constitutional interpretation

Article 78 establishes an independent judiciary and vests supreme federal judicial authority in the Federal Supreme Court. States establish their own Supreme, High and First-Instance Courts, and religious and customary courts can be given official recognition.

Interpreting the Constitution is not a power of the ordinary courts. Article 62 gives it to the House of the Federation, which organises the Council of Constitutional Inquiry, and Article 83 says constitutional disputes are decided by the House of the Federation.

Frequently asked questions

When was the Ethiopian Constitution adopted?

It was ratified on 8 December 1994 and came into full force and effect on 21 August 1995. It was published as Proclamation No. 1/1995.

Who interprets the Ethiopian Constitution?

The House of the Federation. Article 62(1) gives it the power to interpret the Constitution, Article 62(2) has it organise the Council of Constitutional Inquiry, and Article 83(1) says it decides all constitutional disputes.

Which version of the Constitution is authoritative, Amharic or English?

The Amharic version. Article 106 says the Amharic version of the Constitution has final legal authority.

Can anyone own land under the Ethiopian Constitution?

No. Article 40(3) vests ownership of rural and urban land exclusively in the State and in the peoples of Ethiopia, and says land is not subject to sale or other means of exchange. Article 40(6) and (7) deal with the use of land and with property people build on it.

This page is general legal information about Ethiopian law, prepared from the published texts it cites. It is not legal advice and does not confirm whether a provision is still in force or has been amended. Federal laws are published in the Federal Negarit Gazeta in Amharic and English, and the Amharic version prevails where they differ. Consult a qualified Ethiopian lawyer about your situation.

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