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埃塞俄比亚联邦民主共和国宪法

Constitution of The Federal Democratic Republic of Ethiopia
PREAMBLE
We, the Nations, Nationalities and Peoples of Ethiopia:
Strongly committed, in full and free exercise of our right to self-determination, to
building a political community founded on the rule of law and capable of ensuring
a lasting peace, guaranteeing a democratic order, and advancing our economic
and social development;
Firmly convinced that the fulfillment of this objective requires full respect of
individual and people’s fundamental freedoms and rights, to live together on the
basis of equality and without any sexual, religious or cultural discrimination;
Further convinced that by continuing to live with our rich and proud cultural
legacies in territories we have long inhabited, have, through continuous
interaction on various levels and forms of life, built up common interest and have
also contributed to the emergence of a common outlook;
Fully cognizant that our common destiny can best be served by rectifying
historically unjust relationships and by further promoting our shared interests;
Convinced that to live as one economic community is necessary in order to create
sustainable and mutually supportive conditions for ensuring respect for our rights
and freedoms and for the collective promotion of our interests;
Determined to consolidate, as a lasting legacy, the peace and the prospect of a
democratic order which our struggles and sacrifices have brought about;
Have therefore adopted, on 8 December 1994 this constitution through
representatives we have duly elected for this purpose as an instrument that binds
us in a mutual commitment to fulfill the objectives and the principles set forth
above.
CHAPTER ONE　GENERAL PROVISIONSArticle 1
Nomenclature of the State
This Constitution establishes a Federal and Democratic State structure.
Accordingly, the Ethiopian state shall be known as the Federal Democratic
Republic of Ethiopia.
Article 2
Ethiopian Territorial Jurisdiction
The territorial jurisdiction of Ethiopia shall comprise the territory of the members
of the Federation and its boundaries shall be as determined by international
agreements.
Article 3
The Ethiopian Flag
1. The Ethiopian flag shall consist of green at the top, yellow in the middle
and red at the bottom, and shall have a national emblem at the center. The
three colors shall be set horizontally in equal dimension.
2. The national emblem on the flag shall reflect the hope of the Nations,
Nationalities, Peoples as well as religious communities of Ethiopia to live
together in equality and unity.
3. Members of the Federation may have their respective flags and emblems
and shall determine the details thereof through their respective
legislatures.
Article 4
National Anthem of Ethiopia
The national anthem of Ethiopia, to be determined by law, shall reflect the ideals
of the Constitution, the Commitment of the Peoples of Ethiopia to live together in
a democratic order and of their common destiny.
Article 5
Languages
1. All Ethiopian languages shall enjoy equal state recognition.
2. Amharic shall be the working language of the Federal Government.
3. Members of the Federation may by law determine their respective working
languages.
Article 6
Nationality
1. Any person of either sex shall be an Ethiopian national where both or either
parent is Ethiopian.
2. Foreign nationals may acquire Ethiopian nationality.
3. Particulars relating to nationality shall be determined by law.
Article 7
Gender Reference
Provisions of this Constitution set out in the masculine gender shall also apply to
the feminine gender
CHAPTER TWO　FUNDAMENTAL PRINCIPLES OF THECONSTITUTIONArticle 8
Sovereignty of the people
1. All sovereign power resides in the Nations, Nationalities and Peoples of
Ethiopia.
2. This Constitution is an expression of their sovereignty.
3. Their sovereignty shall be expressed through their representatives elected in
accordance with this Constitution and through their direct democratic
participation
Article 9
Supremacy of the Constitution
1. The Constitution is the supreme law of the land. Any law, customary practice
or a decision of an organ of state or a public official which contravenes this
Constitution shall be of no effect.
2. All citizens, organs of state, political organizations, other associations as well
as their officials have the duty to ensure observance of the Constitution and to
obey it.
3. It is prohibited to assume state power in any manner other than that provided
under the Constitution.
4. All international agreements ratified by Ethiopia are an integral part of the law
of the land.
Article 10
Human and Democratic Rights
1. Human rights and freedoms, emanating from the nature of mankind, are
inviolable and inalienable.
2. Human and democratic rights of citizens and peoples shall be respected.
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 12
Conduct and Accountability of Government
1. The conduct of affairs of government shall be transparent.
2. Any public official or an elected representative is accountable for any failure
in official duties.
3. In case of loss of confidence, the people may recall an elected representative.
The particulars of recall shall be determined by law.
CHAPTER THREE　FUNDAMENTAL RIGHTS AND FREEDOMS
Article 13
Scope of Application and Interpretation
1. All Federal and State legislative, executive and judicial organs at all levels shall
have the responsibility and duty to respect and enforce the provisions of this
Chapter.
2. The fundamental rights and freedoms specified in this Chapter shall be interpreted
in a manner conforming to the principles of the Universal Declaration of Human
Rights, International Covenants on Human Rights and International instruments
adopted by Ethiopia.
PART ONE　HUMAN RIGHTS
Article 14
Rights to life, the Security of Person and Liberty
Every person has the inviolable and inalienable right to life the security of person and
liberty.
Article 15
Right to Life
Every person has the right to life. No person may be deprived of his life except as a
punishment for a serious criminal offence determined by law.
Article 16
The Right of the Security of Person
Every one has the right to protection against bodily harm.
Article 17
Right to Liberty
1. No one shall be deprived of his or her liberty except on such grounds and in
accordance with such procedure as are established by law.
2. No person may be subjected to arbitrary arrest, and no person may be detained
without a charge or conviction against him.
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 well-being of the community;
(d) Any economic and social development activity voluntarily performed
by a community within its locality.
Article 19
Right of Persons Arrested
1. Persons arrested have the right to be informed promptly, in a language they
understand, of the reasons for their arrest and of any charge against them.
2. Persons arrested have the right to remain silent. Upon arrest, they have the right to
be informed promptly, in a language they understand, that any statement they
make may be used as evidence against them in court.
3. Persons arrested have the right to be brought before a court within 48 hours of
their arrest. Such time shall not include the time reasonably required for the
journey from the place of arrest to the court. On appearing before a court, they
have the right to be given prompt and specific explanation of the reasons for their
arrest due to the alleged crime committed.
4. All persons have an inalienable right to petition the court to order their physical
release where the arresting police officer or the law enforcer fails to bring them
before a court within the prescribed time and to provide reasons for their arrest.
Where the interest of justice requires, the court may order the arrested person to
remain in custody or, when requested remand him for a time strictly required to
carry out the necessary investigation. In determining the additional time necessary
for investigation, the court shall ensure that the responsible law enforcement
authorities carry out the investigation respecting the arrested person’s right to a
speedy trial.
5. Persons arrested shall not be compelled to make confessions or admissions which
could be used in evidence against them. Any evidence obtained under coercion
shall not be admissible.
6. Persons arrested have the right to be released on bail. In exceptional
circumstances prescribed by law, the court may deny bail or demand adequate
guarantee for the conditional release of the arrested person.
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.
3. During proceedings accused persons have the right to be presumed innocent until
proved guilty according to law and not to be compelled to testify against
themselves.
4. Accused persons have the right to full access to any evidence presented against
them, to examine witnesses testifying against them, to adduce or to have evidence
produced in their own defence, and to obtain the attendance of and examination of
witnesses on their behalf before the court.
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.
6. All persons have the right of appeal to the competent court against an order or a
judgment of the court which first heard the case.
7. They have the right to request for the assistance of an interpreter at state expense
where the court proceedings are conducted in a language they do not understand.
Article 21
The Rights of Persons Held in Custody and Convicted Prisoners
1. All persons held in custody and persons imprisoned upon conviction and
sentencing have the right to treatments respecting their human dignity.
2. All persons shall have the opportunity to communicate with, and to be visited by,
their spouses or partners, close relatives, friends, religious councilors, medical
doctors and their legal counsel.
Article 22
Non-retroactivity of Criminal Law
1. No one shall be held guilty of any criminal offence on account of any act or
omission which did not constitute a criminal offence at the time when it was
committed. Nor shall a heavier penalty be imposed on any person than the one
that was applicable at the time when the criminal offence was committed.
2. Notwithstanding the provisions of sub-Article 1 of this Article, a law promulgated
subsequent to the commission of the offence shall apply if it is advantageous to
the accused or convicted person.
Article 23
Prohibition of Double Jeopardy
No person shall be liable to be tried or punished again for an offense for which he has
already been finally convicted or acquitted in accordance with the criminal law and
procedure.
Article 24
Right to Honour and Reputation
1. Everyone has the right to respect for his human dignity, reputation and honour.
2. Everyone has the right to the free development of his personality in a manner
compatible with the rights of other citizens.
3. Everyone has the right to recognition every where as a person.
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 27
Freedom of Religion, Belief and Opinion
1. Everyone has the right to freedom of thought, conscience and religion. This right
shall include the freedom to hold or to adopt a religion or belief of his choice, and
the freedom, either individually or in community with others, and in public or
private, to manifest his religion or belief in worship, observance, practice and
teaching.
2. Without prejudice to the provisions of sub-Article 2 of Article 90, believers may
establish institutions of religious education and administration in order to
propagate and organize their religion.
3. No one shall be subject to coercion or other means which would restrict or
prevent his freedom to hold a belief of his choice.
4. Parents and legal guardians have the right to bring up their children ensuring their
religious and moral education in conformity with their own convictions.
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 28
Crimes Against Humanity
1. Criminal liability of persons who commit crimes against humanity, so defined by
international agreements ratified by Ethiopia and by other laws of Ethiopia, such
as genocide, summary executions, forcible disappearances or torture shall not be
barred by statute of limitation. Such offences may not be commuted by amnesty
or pardon of the legislature or any other state organ.
2. In the case of persons convicted of any crime stated in sub-Article 1 of this
Article and sentenced with the death penalty, the Head of State may, without
prejudice to the provisions here in above, commute the punishment to life
imprisonment.
PART TWO　DEMOCRATIC RIGHTS
Article 29
Right of Thought, Opinion and Expression
1. Everyone has the right to hold opinions without interference.
2. Everyone has the right to freedom of expression without any interference. This right
shall include freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of art, or through
any media of his choice.
3. Freedom of the press and other mass media and freedom of artistic creativity is
guaranteed. Freedom of the press shall specifically include the following elements:
(a) Prohibition of any form of censorship.
(b) Access to information of public interest.
4. In the interest of the free flow of information, ideas and opinions which are essential to
the functioning of a democratic order, the press shall, as an institution, enjoy legal
protection to ensure its operational independence and its capacity to entertain diverse
opinions.
5. Any media financed by or under the control of the State shall be operated in a manner
ensuring its capacity to entertain diversity in the expression of opinion.
6. These rights can be limited only through laws which are guided by the principle that
freedom of expression and information cannot be limited on account of the content or
effect of the point of view expressed. Legal limitations can be laid down in order to
protect the well-being of the youth, and the honour and reputation of individuals. Any
propaganda for war as well as the public expression of opinion intended to injure human
dignity shall be prohibited by law.
7. Any citizen who violates any legal limitations on the exercise of these rights may be
held liable under the law.
Article 30
The Right of Assembly, Demonstration and Petition
1. Everyone has the right to assemble and to demonstrate together with others
peaceably and unarmed, and to petition. Appropriate regulations may be made in
the interest of public convenience relating to the location of open-air meetings and
the route of movement of demonstrators or, for the protection of democratic
rights, public morality and peace during such a meeting or demonstration.
2. This right does not exempt from liability under laws enacted to protect the wellbeing
of the youth or the honour and reputation of individuals, and laws
prohibiting any propaganda for war and any public expression of opinions
intended to injure human dignity.
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 32
Freedom of Movement
1. Any Ethiopian or foreign national lawfully in Ethiopia has, within the national
territory, the right to liberty of movement and freedom to choose his residence, as
well as the freedom to leave the country at any time he wishes to.
2. Any Ethiopian national has the right to return to his country.
Article 33
Rights of Nationality
1. No Ethiopian national shall be deprived of his or her Ethiopian nationality against
his or her will. Marriage of an Ethiopian national of either sex to a foreign
national shall not annul his or her Ethiopian nationality.
2. Every Ethiopian national has the right to the enjoyment of all rights, protection
and benefits derived from Ethiopian nationality as prescribed by law.
3. Any national has the right to change his Ethiopian nationality.
4. Ethiopian nationality may be conferred upon foreigners in accordance with law
enacted and procedures established consistent with international agreements
ratified by Ethiopia.
Article 34
Marital, Personal and Family Rights
1. Men and women, without any distinction as to race, nation, nationality or religion,
who have attained marriageable age as defined by law, have the right to marry
and found a family. They have equal rights while entering into, during marriage
and at the time of divorce. Laws shall be enacted to ensure the protection of rights
and interests of children at the time of divorce.
2. Marriage shall be entered into only with the free and full consent of the intending
spouses.
3. The family is the natural and fundamental unit of society and is entitled to
protection by society and the State.
4. In accordance with provisions to be specified by law, a law giving recognition to
marriage concluded under systems of religious or customary laws may be enacted.
5. This Constitution shall not preclude the adjudication of disputes relating to
personal and family laws in accordance with religious or customary laws, with the
consent of the parties to the dispute. Particulars shall be determined by law.
Article 35
Rights of Women
1. Women shall , in the enjoyment of rights and protections provided for by this
Constitution, have equal right with men.
2. Women have equal rights with men in marriage as prescribed by this Constitution.
3. The historical legacy of inequality and discrimination suffered by women in
Ethiopia taken into account, women, in order to remedy this legacy, are entitled to
affirmative measures. The purpose of such measures shall be to provide special
attention to women so as to enable them to compete and part