History tells us that Ethiopia was once a ‘unitary state’ divided into various regions or provinces with the central government having all of the grips of exclusive power and implemented in every corner of the state. There were the so-called representatives of the kings or emperors or other central authority and these used to fulfill the desires and orders of the reigning monarch according to his or her liking. The emperor may have his Crown Council and these advisors may suggest certain policy recommendations based on their perceptions but the ultimate decision was the emperor’s and whatever was to happen would be decided by the central powerhouse.
Power was hence concentrated in the center and most cases, in one person or the hands of a selected few individuals. Besides, it was rarely reversible by appeals. If someone from the provinces or the governorate generals, as it was once known, wanted to present a grievance, a petition, or some miscarriage of justice, some request, they were supposed to either wait for the day the emperor would pass in that locality and present the petition vociferously, and hope to be noted, or travel personally to the capital city and present their case before the ‘Zufan Chilot’ which means the emperor’s court or the throne’s courthouse.
Decentralization of power was inconceivable and delegation was limited to the routine activity of collection of monies or dues to the rulers by the minor officials in the regions or remote areas to the ‘coffers of the throne’.
The first constitution in our country’s history was, in the words of the emperor ‘granted’ to the Ethiopian people back in 1931 when he was ‘generous enough, and acted on his own free will. He claimed that it would help the country join the family of modern nations. Thus a constitution was drafted on the paths of the one promulgated in Japan of the Meiji Dynasty. Japan’s constitution inspired ours as the imperial constitution was considered a sort of model as Japan was run by a king, albeit with only ceremonial powers.
Some historians did write that such a constitution was considered a breakthrough, as it was the first of its kind in the country’s long history. The intention of introducing a modern constitution that established in clear legal terms the powers of the monarchy was indeed unprecedented. In a way, it wanted to introduce the country to the modern era, to an era of certainty, a country that could now join the big family of ‘states’.
However, as it was a new concept and seemed too forward-looking for the tastes of the then-lords, it was taken with utmost suspicion by the feudal lords who thought that such a document would circumvent their powers. There was in fact a kind of palace struggle as it was often characteristic of Ethiopia’s history.
Furthermore, this constitution had little that could be called a ‘limitation’ or delineation of the powers of the Emperor or the authorities in general because in fact constitutions would be intended to consecrate certain rights and duties of all the branches of government in clearly defined terms while putting certain ‘legal limitations’ to the exercise of certain powers and privileges. This constitution however reflected the opposite idea. It was rather considered a more solid and unshakeable consecration of the powers of the monarch. He was made practically above the law. The other provisions even sanctioned the ‘perpetuity’ of the succession to the throne.
No doubt this document with its 55 articles and 7 chapters was just a put on paper of the powers and prerogatives actually in vigor and legitimize them so that any kind of complaint could be thwarted and suppressed, if necessary.
Then, twenty-four years later, in 1955, a so-called Revised Constitution was promulgated with more provisions and nuances as it appeared there arose the need to revise the legislation. The Revised Constitution contained the expansion of certain ideas, like for instance the focus on the bicameral nature of the parliament and an invitation for the public to vote for members of the Lower House.
The document provides for two chambers, the Lower House or the House of Deputies or the Congress, following in a way the US model, and the Upper House, or the Senate. While the deputies were to be elected by a ‘certain category’ of people among the masses, the senators however, were exclusively handpicked by the emperor himself. A seat in the Senate was considered a sort of position of honor given to veterans who had served the country for a long time. It was often rumored that anyone who constituted a potential danger to the authority of the emperor was confined to this institution. In the meantime, little progress was actually to be registered in the day-to-day life of the millions of masses. The feudal system continued to reign.
Ethiopia remained one of the least developed countries in the world by any standards, and its opening to democracy was, to say the least, faint and not promising. African countries were fast being decolonized and making progress in practically many fields while a status quo was maintained in our nation. No wonder, as the fast developments taking place in other African countries began to reflect in the student movement, a public uproar began to be heard; demonstrations and rallies became the order of the day with the harsh suppression of the regime by its mighty security and military apparatus. The grievances were impossible to contain, and eventually, revolution erupted.
The very army that was the backbone of the regime gave the final blow to the regime. With a stroke of the pen, the Derg regime of a group of military officers grabbed the reins of power dismissed the historic monarch, and the ancient regime was deposed with the monarchy abolished.
People thought, especially those who were involved in the public revolt, particularly the intelligentsia that a new era was breaking to the masses of the impoverished Ethiopians with new hopes and aspirations. The final result of the seventeen-year regime of the Derg was however only to result in an ordeal of the people.
Indeed, there was lip service for an ideology that was not to the appetite of the people switching from a mainly capitalist or mixed economic structure to a Marxist Leninist stance with the pretext of socialistic principles.
Accordingly, the Workers Party of Ethiopia was founded and the country was to have a people’s democratic republic and a constitution that would sing for a world of proletarians and against any form of bourgeois, feudalistic, and aristocratic elements.
Ethiopian constitutional history continued with attempts by this military government to prepare and promulgate several proclamations and decrees including a couple of constitutions or basic legislations that paid tribute to the aspiration of a socialist system of government with power declaredly attributed to the workers. In fact, Article 3 of the so-called People’s Democratic Republic of Ethiopia Constitution of 1987, stated “power belongs to the ‘working people’’.
It says it shall be done through the ‘National Shengo’ and the local ‘shengos’ (a kind of parliamentary assembly) to be made through elections. Article 2 talks about the country being ‘a unitary state’, but it also declares the ‘nationalities’ would live based on equality. Although Article 2 sub article 4 talks about the formation of regional autonomy, the principle of ‘democratic centralism’ and the hierarchy of accountability stating that lower organs are accountable to higher organs did not seem to focus on true decentralization or delegation of power. The unitary state was even more accentuated than ever before and the issue of the diversity of the peoples of Ethiopia was not addressed.
This constitution also did not exactly address the major and fundamental issues of the people and many of the provisions that particularly deal with civil liberties such as ‘freedom of association, expression’ and movement’ or religion’. Then followed the inevitable downfall of the Derg, replaced by EPRDF.
May 28, 1991, is considered a watershed in the history of Ethiopia. After a couple of years, focus was given to preparing a new constitution replacing the old one.
After protracted discussions with public gatherings and parties’ participation, after debates aired on TV and radio, the 1994 Federal Constitution was drafted and promulgated. A new parliamentary system of government with a prime minister accountable to the House was formed. In the process, many of the fundamental issues of Ethiopian society were seriously portrayed and discussed.
The Ethiopian Federal Constitution of 1994 has been acclaimed by many intellectuals as among the best in the world. Such a constitution is acknowledged as an outstanding document that enshrines the most advanced ideas in the political, social, and economic spheres even by the fiercest critics and opposition elements that did not see eye to eye with the incumbent.
In Chapter Four, articles 45 and following, the State Structure is amply described. The Prime Minister has the executive power, while the President’s position is largely ceremonial and ‘super parties’. Then there is an independent judiciary and the legislative body. The bicameral parliamentary system, consisting of the House of People’s Representatives and the House of Federation, is key and has its own raison d’etre. Electoral districts elect the 547 representatives for the House every five years, and the party that earns the majority of the votes nominates the Prime Minister.
To date, Ethiopia has carried out six elections with the National Electoral Board managing it. Extended campaigns and debates on issues aired on the mass media were carried out. This is viewed as one expression of democracy. This was the result of a newly established system in 1991 and following the promulgation of the Federal Constitution. A good preview of the Constitution can be experienced beginning from the very preamble which states:
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 based on equality and without any sexual, religious or cultural discrimination…
have 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.
Finally, it should be understood that as conditions on the ground change, there could be reason for a change in the constitution as well. Hence, taking that constitutions are susceptible of amendments as society changes and evolves, Articles 104 and 105 provide for that.
The celebration of Nations, Nationalities, and Peoples Day is based on this Federal Constitution that recognizes the rights of every nationality in the country. In fact, in the application of this principle, three more new regional states have been formed recently following the requests of the people living there. The reformist government that has been in power for the last six years has accepted the demands of the public and put into practice the words of the 1994 document.
Pertaining to the outstanding issues the country needs to be sorted out and reach a certain national consensus that emerges with extended discussions and deliberations, this government has established what is called the National Dialogue Commission which has been working now for more than two years and a half in an all-inclusive and participatory manner without any discrimination to any group or party and is now nearing the conclusion of its operations and mission. It has reported that it has identified most of the issues raised by the population in almost all regional states and it has had many preliminary discussions with large sections of the population as well.
As we observe the 19th Nations, Nationalities, and Peoples Day in Arba Minch and throughout the entire country and abroad, we need to acknowledge these developments and hope that fruitful results will be borne out of these discussions so that the country reaches a certain consensus on the way forward and even if we need to amend the constitution we need to know it from these discussions of the Commission.
Ethiopia needs a clear pact for its future development trajectory and not be influenced or still worse determined by past narratives which are often outmoded and boring when they are repeated again and again across years. Ethiopians need to focus on matters that relate to most of them rather than be prey to divisive ideas and narratives.
BY FITSUM GETACHEW
The Ethiopian Herald December 8/2024
