Article 101-106 Ethiopian Constitution 1994

Article 101-106 Ethiopian Constitution 1994

Article 101, 102, 103, 104, 105 and 106 of the Constitution of Ethiopia 1994, among others, are under Chapter eleven of the Act. Chapter eleven is titled Miscellaneous Provisions.

Article 101 Ethiopian Constitution 1994

The Auditor General

1. The Auditor General shall, upon recommendation of the Prime Minister be appointed by the House of Peoples’ Representatives.

2. The Auditor General shall audit and inspect the accounts of ministries and other agencies of the Federal Government to ensure that expenditures are properly made for activities: carried out during the fiscal year and in accordance with the approved allocations. and submit his reports thereon to the House of Peoples’ Representatives.

3. The Auditor General shall draw up and submit for approval to the House of Peoples’ Representatives his office s annual budget.

4. The details of functions of the Auditor General shall be determined by law.

Article 102 Ethiopian Constitution 1994

Election Board

1. There shall be established a National Election Board independent of any influence, to conduct in an impartial manner free and fair election in Federal and State constituencies.

2. Members of the Board shall be appointed by the House of Peoples’ Representatives upon recommendation of the Prime Minister. Particulars shall be determined by law.

Article 103 Ethiopian Constitution 1994

Population Census Commission

1. There shall be established a National Census Commission that shall conduct a population census periodically.

2. Members of the National Census Commission shall be appointed by the House of Peoples’ Representatives upon recommendation of the Prime Minister.

3. The Commission shall have a Secretary General and necessary professional and Support staff.

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

5. A national population census shall be conducted every ten years. The House of the Federation shall determine the boundaries of constituencies on the basis of the census results and a proposal submitted to the House by the National Election Board.

6. The Commission shall be accountable to the House of Peoples’ Representatives. It shall submit to the House periodic reports on the conduct of its programmes and activities.

Article 104 Ethiopian Constitution 1994

Initiation of Amendments

Any proposal for constitutional amendment, if supported by a two-thirds majority vote in the House of Peoples’ Representatives, or by a two-thirds majority vote in the House of the Federation or when one-third of the State Councils of the member States of the Federation, by a majority vote in each Council have supported it, shall be submitted for discussion and decision to the general public and to those whom the amendment of the Constitution concerns.

Article 105 Ethiopian Constitution 1994

Amendment of the Constitution

1. All rights and freedoms specified in Chapter Three of this Constitution, this very Article, and Article 104 can be amended only in the following manner:
(a) When all State Councils, by a majority vote, approve the proposed amendment;
(b) When the House of Peoples’ Representatives. by a two-thirds majority vote, approves the proposed amendment; and
(c) when the House of the Federation, by a two-thirds majority vote, approves the proposed amendment.

2. All provisions of this Constitution other than those specified in sub-Article 1 of this Article can be amended only in the following manner:
(a) When the House of Peoples’ Representatives and the House of the Federation, in a joint session, approve a proposed amendment by a two-thirds majority vote; and
(b) When two-thirds of the Councils of the member States of the Federation approve the proposed amendment by majority votes.

Article 106 Ethiopian Constitution 1994

The Version with Final Legal Authority

The Amharic version of this Constitution shall have final legal authority.


See alsoArticle 93-100 Ethiopian Constitution 1994 

Article 93-100 Ethiopian Constitution 1994

Article 93-100 Ethiopian Constitution 1994

Article 93, 94, 95, 96, 97, 98, 99 and 100 of the Constitution of Ethiopia 1994, among others, are under Chapter eleven of the Act. Chapter eleven is titled Miscellaneous Provisions.

Article 93 Ethiopian Constitution 1994

Declaration of State of Emergency

1. (a) The Council of Ministers of the Federal Government shall have the power to decree a state of emergency should an external invasion, a break down of law and order which endangers the constitutional order and which cannot be controlled by the regular law enforcement agencies and personnel, a natural disaster, or an epidemic occur.
(b) State executives can decree a state-wide state of emergency should a natural disaster or an epidemic occur. Particulars shall be determined in State Constitutions to be promulgated in conformity with this Constitution.

2. A state of emergency declared in accordance with sub-Article 1 (a) of this Article:
(a) If declared when the House of Peoples’ Representatives is in session, the decree shall be submitted to the House within forty-eight hours of its declaration. The decree, if not approved by a two-thirds majority vote of members of the House of Peoples’ Representatives, shall be repealed forthwith.
(b) Subject to the required vote of approval set out in (a) of this sub-Article, the decree declaring a state of emergency when the House of Peoples’ Representatives is not in session shall be submitted to it within fifteen days of its adoption.

3. A state of emergency decreed by the Council of Ministers, if approved by the House of Peoples’ Representatives, can remain in effect up to six months. The House of Peoples’ Representatives may, by a two-thirds majority vote, allow the state of emergency proclamation to be renewed every four months successively.

4. (a) When a state of emergency is declared, the Council of Ministers shall, in accordance with regulations it issues, have all necessary power to protect the country’s peace and sovereignty, and to maintain public security, law and order.
(b) The Council of Ministers shall have the power to suspend such political and democratic rights contained in this Constitution to the extent necessary to avert the conditions that required the declaration of a state of emergency.
(c) In the exercise of its emergency powers the Council of Ministers cannot, however, suspend or limit the rights provided for in Articles 1, 18, 25. and sub-Articles 1 and 2 of Article 39 of this Constitution.

5. The House of Peoples’ Representatives, while declaring a state of emergency, shall simultaneously establish a State of Emergency Inquiry Board, comprising of seven persons to be chosen and assigned by the House from among its members and from legal experts.

6. The State of Emergency Inquiry Board shall have the following powers and responsibilities:
(a) To make public within one month the names of all individuals arrested on account of the state of emergency together with the reasons for their arrest.
(b) To inspect and follow up that no measure taken during the state of emergency is inhumane.
(c) To recommend to the Prime Minister or to the Council of Ministers corrective measures if it finds any case of inhumane treatment.
(d) To ensure the prosecution of perpetrators of inhumane acts.
(e) To submit its views to the House of Peoples’ Representatives on a request to extend the duration of the state of emergency.

Article 94 Ethiopian Constitution 1994

Financial Expenditures

1. The Federal Government and the States shall respectively bear all financial expenditures necessary to carry out all responsibilities and functions assigned to them by law. Unless otherwise agreed upon, the financial expenditures required for the carrying out of any delegated function by a State shall be borne by the delegating party.

2. The Federal Government may grant to States emergency, rehabilitation and development assistance and loans due care being taken that such assistance and loans do not hinder the proportionate development of States. The Federal Government shall have the power to audit and inspect the proper utilization of subsidies it grants to the States.

Article 95 Ethiopian Constitution 1994

Revenue

The Federal Government and the States shall share revenue taking the federal arrangement into account.

Article 96 Ethiopian Constitution 1994

Federal Power of Taxation

1. The Federal Government shall levy and collect custom duties, taxes and other charges on imports and exports.

2. It shall levy and collect income tax on employees of the Federal Government and international organizations.

3. It shall levy and collect income, profit, sales and excise taxes on enterprises owned by the Federal Government.

4. It shall tax the income and winnings of national lotteries and other games of chance.

5. It shall levy and collect taxes on the income of air, rail and sea transport services.

6. It shall levy and collect taxes on income of houses and properties owned by the Federal Government; it shall fix rents.

7. It shall determine and collect fees and charges relating to licences issued and services rendered by organs of the Federal Government.

8. It shall levy and collect taxes on monopolies.

9. It shall levy and collect Federal stamp duties.

Article 97 Ethiopian Constitution 1994

State Power of Taxation

1. States shall levy and collect income taxes on employees of the State and of private enterprises.

2. States shall determine and collect fees for land usufractuary rights.

3. States shall levy and collect taxes on the incomes of private farmers and farmers incorporated in cooperative associations.

4. States shall levy and collect profit and sales taxes on individual traders carrying out a business within their territory.

5. States shall levy and collect taxes on income from transport services rendered on waters within their territory.

6. They shall levy and collect taxes on income derived from private houses and other properties within the State. They shall collect rent on houses and other properties they own.

7. States shall levy and collect profit, sales. excise and persona! income taxes on income of enterprises owned by the States.

8. Consistent with the provisions sub-Article 3 of Article 98, States shall levy and collect taxes on income derived from mining operations, and royalties and land rentals on such operations.

9. They shall determine and collect fees and charges relating to licences issued and services rendered by State organs.

10. They shall fix and collect royalty for use of forest resources.

Article 98 Ethiopian Constitution 1994

Concurrent Power of Taxation

1. The Federal Government and the States shall jointly levy and collect profit, sales, excise and personal income taxes on enterprises they jointly establish.

2. They shall jointly levy and collect taxes on the profits of companies and on dividends due to shareholders.

3. They shall jointly levy and collect taxes on incomes derived from large-scale mining and all petroleum and gas operations, and royalties on such operations.

Article 99 Ethiopian Constitution 1994

Undesignated Powers of Taxation

The House of the Federation and the House of Peoples’ Representatives shall, in a joint session, determine by a two-thirds majority vote on the exercice of powers of taxation which have not been specifically provided for in the Constitution.

Article 100 Ethiopian Constitution 1994

Directives on Taxation

1. In exercising their taxing powers, States and the Federal Government shall ensure that any tax is related to the source of revenue taxed and that it is determined following proper considerations.

2. They shall ensure that the tax does not adversely affect their relationship and that the rate and amount of taxes shall be commensurate with services the taxes help deliver.

3. Neither States nor the Federal Government shall levy and collect taxes on each other’s property unless it is a profit-making enterprise.


See also:

Article 85-92 Ethiopian Constitution 1994 [Chapter 10 – National Policy Principles and Objectives]

Article 101-106 Ethiopian Constitution 1994

Article 85-92 Ethiopian Constitution 1994

Article 85-92 Ethiopian Constitution 1994

Article 85, 86, 87, 88, 89, 90, 91 and 92 of the Constitution of Ethiopia 1994 are under Chapter ten of the Act. Chapter ten is titled National Policy Principles and Objectives.

Article 85 Ethiopian Constitution 1994

Objectives

1. Any organ of Government shall, in the implementation of the Constitution, other laws and public policies, be guided by the principles and objectives specified under this Chapter.

2. The term “Government” in this Chapter shall mean a Federal or State government as the case may be.

Article 86 Ethiopian Constitution 1994

Principles for External Relation

1. To promote policies of foreign relations based on the protection of national interests and respect for the sovereignty of the country.

2. To promote mutual respects for national sovereignty and equality of states and non-interference in the internal affairs of other states.

3. To ensure that the foreign relation policies of the country are based on mutual interests and equality of states as well as that international agreements promote the interests of Ethiopia.

4. To observe international agreements which ensure respect for Ethiopia’s sovereignty and are not contrary to the interests of its Peoples.

5. To forge and promote ever growing economic union and fraternal relations of Peoples with Ethiopia’s neighbours and other African countries.

6. To seek and support peaceful solutions to international disputes.

Article 87 Ethiopian Constitution 1994

Principles for National Defence

1. The composition of the national armed forces shall reflect the equitable representation of the Nations, Nationalities and Peoples of Ethiopia.

2. The Minister of Defence shall be a civilian.

3. The armed forces shall protect the sovereignty of the country and carry out any responsibilities as may be assigned to them under any state of emergency declared in accordance with the Constitution.

4. The armed forces shall al all times obey and respect the Constitution.

5. The armed forces shall carry out their functions free of any partisanship to any political organization(s).

Article 88 Ethiopian Constitution 1994

Political Objectives

1. Guided by democratic principles, Government shall promote and support the People’s self-rule at all levels.

2. Government shall respect the identity of Nations, Nationalities and Peoples. Accordingly Government shall have the duty to strengthen ties of equality, unity and fraternity among them.

Article 89 Ethiopian Constitution 1994

Economic Objectives

1. Government shall have the duty to formulate policies which ensure that all Ethiopians can benefit from the country’s legacy of intellectual and material resources.

2. Government has the duty to ensure that all Ethiopians get equal opportunity to improve their economic conditions and to promote equitable distribution of wealth among them.

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.

4. Government shall provide special assistance to Nations, Nationalities, and People least advantaged in economic and social development.

5. Government has the duty to hold, on behalf of the People, land and other natural resources and to deploy them for their common benefit and development.

6. Government shall at all times promote the participation of the People in the formulation of national development policies and programmes; it shall also have the duty to support the initiatives of the People in their development endeavours.

7. Government shall ensure the participation of women in equality with men in all economic and social development endeavours.

8. Government shall endeavour to protect and promote the health, welfare and living standards of the working population of the country.

Article 90 Ethiopian Constitution 1994

Social Objectives

1. To the extent the country’s resources permit, policies shall aim to provide all Ethiopians access to public health and education, clean water, housing, food and social security.

2. Education shall be provided in a manner that is free from any religious influence, political partisanship or cultural prejudices.

Article 91 Ethiopian Constitution 1994

Cultural Objectives

1. Government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions of the Constitution.

2. Government and all Ethiopian citizens shall have the duty to protect the country’s natural endowment, historical sites and objects.

3. Government shall have the duty, to the extent its resources permit, to support the development of the arts, science and technology.

Article 92 Ethiopian Constitution 1994

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.


See also: Article 78-84 Ethiopian Constitution 1994 [Chapter Nine – Structure and Powers of the Court]

Article 78-84 Ethiopian Constitution 1994

Article 78-84 Ethiopian Constitution 1994

Article 78, 79, 80, 81, 82, 83 and 84 of the Constitution of Ethiopia 1994 are under Chapter nine of the Act. Chapter Nine is titled Structure and Powers of the Court.

Article 78 Ethiopian Constitution 1994

Independence of the Judiciary

1. An independent judiciary is established by this Constitution.

2. Supreme Federal judicial authority is vested in the Federal Supreme Court. The House of Peoples’ Representatives may, by :two-thirds majority vote, establish nationwide, or in some parts of the country only, the Federal High Court and First-Instance Courts it deems necessary. Unless decided in this manner, the jurisdictions of the Federal High Court and of the First-Instance Courts are hereby delegated to the State courts.

3. States shall establish State Supreme, High and First Instance Courts. Particulars shall be determined by law.

4. Special or ad-hoc courts which take judicial powers away from the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established.

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.

Article 79 Ethiopian Constitution 1994

Judicial Powers

1. Judicial powers, both at Federal and State levels, are vested in the courts.

2. Courts of any lever shall be free from any interference of influence of any governmental body, government official or from any other source.

3. Judges shall exercise their functions in full independence and shall be directed solely by the law.

4. No judge shall be removed from his duties before he reaches the retirement age determined by law, except under the following conditions:
(a) When the Judicial Administration Council decides to remove him for violation of disciplinary rules or on grounds of gross incompetence or inefficiency; or
(b) When the Judicial Administration Council decides that a judge can no longer carry out his responsibilities on account of illness; and
(c) When the House of Peoples’ Representatives or the concerned State Council approves by a majority vote the decisions of the Judicial Administration Council.

5. The retirement of judges may not be extended beyond the retirement age determined by law.

6. The Federal Supreme Court shall draw up and submit to the House of Peoples ‘ Representatives for approval the budget of the Federal courts, and upon approval, administer the budget.

7. Budgets of State courts shall be determined by the respective State Council. the House of Peoples’ representatives shall allocate compensatory budgets for States whose Supreme and High courts concurrently exercise the jurisdictions of the Federal High Court and Federal First-Instance Courts.

Article 80 Ethiopian Constitution 1994

Concurrent Jurisdiction of Courts

1. The Federal Supreme Court shall have the highest and final judicial power over Federal matters.

2. State Supreme Courts shall have the highest and final judicial power over State matters. They shall also exercise the jurisdiction of the Federal High Court.

3. Notwithstanding the Provisions of sub-Articles 1 and 2 of this Article;
(a) The Federal Supreme Court has a power of cassation over any final court decision containing a basic error of law. Particulars shall be determined by law.
(b) The State Supreme Court has power of cassation over an final court decision on State matters which contains a basic error of law. Particulars shall be determined by law

4. State High Court shall, in addition to State jurisdiction, exercise the jurisdiction of the Federal First-Instance Court.

5. Decisions rendered by a State High Court exercising the jurisdiction of the Federal First-Instance Court are appealable to the State Supreme Court.

6. Decisions rendered by a State Supreme Court on Federal matters are appealable to the Federal Supreme Court.

Article 81 Ethiopian Constitution 1994

Appointment of Judges

1. The President and Vice-President of the Federal Supreme Court shall, upon recommendation by the Prime Minister, be appointed by the House of People’s Representatives.

2. Regarding other Federal judges, the Prime Minster shall submit to the House of Peoples’ Representatives for appointment candidates selected by the Federal Judicial Administration Council.

3. The State council shall, upon recommendation by the Chief Executive of the State, appoint the President and Vice-President of the State Supreme Court.

4. State Supreme and High Court judges shall, upon recommendation by the State Judicial Administration, be appointed by the State Council. The State Judicial Administration Council, before submitting nominations to the State Council, before submitting nominations to the State Council, has the responsibility to solicit and obtain the views of the Federal Judicial Administration Council on the nominees and to forward those views along with the recommendations. If the Federal Judicial Administration Council does not submit its views within three months, the State Council may grant the appointments.

5. Judges of State First-Instance Courts shall, upon recommendation by the State Judicial Administration Council, be appointed by the State Council.

6. Matters of code of professional conduct and discipline as well as transfer of judges of any court shall be determined by the concerned Judicial Administration Council.

Article 82 Ethiopian Constitution 1994

Structure of the Council of Constitutional Inquiry

1. The Council of Constitutional Inquiry is established by this Constitution.

2. The Council of Constitutional Inquiry shall have eleven members comprising:
(a) The President of the Federal Supreme Court, who shall serve as its President;
(b) The Vice-President of the Federal Supreme Court, who shall serve as its Vice-President;
(c) Six legal experts, appointed by the President of the Republic on recommendation by the House of Peoples’ Representatives, who shall have proven professional competence and high moral standing;
(d) Three persons designated by the House of the Federation from among its members.

3. The Council of Constitutional Inquiry shall establish organizational structure which can ensure expeditious execution of its responsibilities.

Article 83 Ethiopian Constitution 1994

Interpretation of the Constitution

1. All constitutional disputes shall be decided by the House of the Federation.

2. The House of the Federation shall, within thirty days of receipt, decide a constitutional dispute submitted to it by the Council of Constitutional Inquiry.

Article 84 Ethiopian Constitution 1994

1. The Council of Constitutional Inquiry shall have powers to investigate constitutional disputes. Should the Council, upon consideration of the master, find it necessary to interpret the Constitution, it shall submit its recommendations thereon to the House of the Federation.

2. Where any Federal or State law is contested as being unconstitutional and such a dispute is submitted to it by any court or interested party, the Council shall consider the matter and submit it to the House of the Federation for a final decision.

3. When issues of constitutional interpretation arise in the courts, the Council shall:
(a) Remand the case to the concerned court if it finds there is no need for constitutional interpretation; the interested party, if dissatisfied with the decision of the Council, may appeal to the House of the Federation.
(b) Submit its recommendations to the House of the Federation for a final decision if it believes there is a need for constitutional interpretation.

4. The Council shall draft its rules of procedure and submit them to the House of the Federation; and implement them upon approval.


See also:

See also: Article 72-77 Ethiopian Constitution 1994 [Chapter 8 – The Executive]

Article 72-77 Ethiopian Constitution 1994

Article 72-77 Ethiopian Constitution 1994

Article 72, 73, 74, 75, 76, and 77 of the Constitution of Ethiopia 1994 are under Chapter Eight of the Act. Chapter Eight is titled The Executive.

Article 72 Ethiopian Constitution 1994

The Powers of the Executive

1. The highest executive powers of the Federal Government are vested in the Prime Minister and in the Council of Ministers.

2. The Prime Minister and the Council of Ministers are responsible to the House of Peoples’ Representatives. In the exercice of State functions, members the Council of Ministers are collectively responsible for all decisions they make as a body.

3. Unless otherwise provided in this Constitution the term of office of the Prime Minister is for the duration of the mandate of the House of Peoples’ Representatives.

Article 73 Ethiopian Constitution 1994

Appointment of the Prime Minister

1. The Prime Minister shall selected from among members of the House of Peoples’ Representatives.

2. Power of Government shall be assumed by the political party or a coalition of political parties that constitutes a majority in the House of Peoples’ Representatives.

Article 74 Ethiopian Constitution 1994

Powers and Functions of the Prime Minister

1. The Prime Minister is the Chief Executive, the Chairman of the Council of Ministers, and the Commander-in-Chief of the national armed forces.

2. The Prime Minister shall submit for approval to the House of Peoples’ Representatives nominees for ministerial posts from among members of the two Houses or from among persons who are not members of either House and possess the required qualifications.

3. He shall follow up and ensure the implementation of laws, policies, directives and other decisions adopted by the House of Peoples’ Representatives.

4. He leads the Council of Ministers, coordinates its activities and acts as its representative.

5. He exercices overall supervision over the implementation of policies, regulations, directives and decisions adopted by the Council of Ministers.

6. He exercises overall supervision over the implementation of the country’s foreign policy.

7. He selects and submits for approval to the House of Peoples’ Representatives nominations for posts of Commissioners, the President and Vice-President of the Federal Supreme Court and the Auditor General.

8. He supervises the conduct and efficiency of the Federal administration and takes such corrective measures as are necessary.

9. He appoints high civilian officials of the Federal Government other than those referred to in sub-Articles 2 and 3 of this Article.

10. In accordance with law enacted or decision adopted by the House of Peoples’ Representatives, he recommends to the President nominees for the award of medals, prizes and gifts.

11. He shall submit to the House of Peoples’ Representatives periodic reports on work accomplished by the Executive as well as on its plans and proposals.

12. He shall discharge all responsibilities entrusted to him by this Constitution and other laws.

13. He shall obey and enforce the Constitution.

Article 75 Ethiopian Constitution 1994

Deputy Prime Minister

1. The Deputy Prime Minister shall:
(a) Carry out responsibilities which shall be specifically entrusted to him by the Prime Minister;
(b) Act on behalf of the Prime Minister in his absence.

2. The Deputy Prime Minister shall be responsible to the Prime Minister.

Article 76 Ethiopian Constitution 1994

The Council of Ministers

1. The Council of Ministers comprises the Prime Minister, the Deputy Prime Minister, Ministers and other members as may be determined by law.

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

3. In all its decisions, the Council of Ministers is responsible to the House of Peoples’ Representatives.

Article 77 Ethiopian Constitution 1994

Powers and Functions of the Council of Ministers

1. The Council of Ministers ensures the implementation of laws and decisions adopted by the House of Peoples’ Representatives.

2. It shall decide on the organizational structure of ministries and other organs of government responsible to it; it shall coordinate their activities and provide leadership.

3. It shall draw up the annual Federal budget and, when approved by the House of Peoples’ Representatives, it shall implement it.

4. It shall ensure the proper execution of financial and monetary policies of the country; it shall administer the National Bank, decide on the printing of money and minting of coins, borrow money from domestic and external sources, and regulate foreign exchange matters.

5. It shall protect patents and copyrights.

6. It shall formulate and implement economic, social and development policies and strategies.

7. It shall provide uniform standards of measurement and calendar.

8. It shall formulate the country’s foreign policy and exercice overall supervision over its implementation.

9. It shall ensure the observance of law and order.

10. It has the power to declare a state of emergency; in doing so, it shall, within the time limit prescribed by the Constitution, submit the proclamation declaring a state of emergency for approval by the House of Peoples’ Representatives.

11. It shall submit draft laws to the House of Peoples’ Representatives on any matter falling within its competence, including draft laws on a declaration of war.

12. It shall carry out other responsibilities that may be entrusted to it by the House of Peoples’ Representatives and the Prime Minister.

13. It shall enact regulations pursuant to powers vested in it by the House of People’s, Representatives.


See also: Article 69-71 Ethiopian Constitution 1994 [Chapter 7 – The President of the Republic]

Article 69-71 Ethiopian Constitution 1994

Article 69-71 Ethiopian Constitution 1994

Article 69, 70, and 71 of the Constitution of Ethiopia 1994 are under Chapter Seven of the Act. Chapter Seven is titled The President of the Republic.

Article 69 Ethiopian Constitution 1994

The President

The President of the Federal Democratic Republic of Ethiopia is the Head of State.

Article 70 Ethiopian Constitution 1994

Nominations and Appointment of the President

1. The House of Peoples’ Representatives shall nominate the candidate for President.

2. The nominee shall be elected President if a joint session of the House of Peoples’ Representatives and the House of the Federation approves his candidacy by a two-third majority vote.

3. A member of either House shall vacate his seat if elected President

4. The term of office of the President shall be six years. No person shall be elected President for more than two terms.

5. Upon his election in accordance with sub-Article 2 of this Article, the President, before commencing his responsibility shall, at a time the joint session of the Houses, determines, present himself before it and shall make a declaration of loyalty to the Constitution and the Peoples of Ethiopia in the following words:

“I……., when on this date commence my responsibility as President of the Federal Democratic Republic, of Ethiopia, pledge to carry out faithfully the high responsibility entrusted to me.”

Article 71 Ethiopian Constitution 1994

Powers and Functions of the President

1. He shall open the joint session of the House of Peoples’ Representatives and the House of the Federation at the commencement of their annual sessions.

2. He shall proclaim in the Negarit Gazeta laws and international agreements approved by the House of Peoples’ Representatives in accordance with the Constitution.

3. He shall, upon recommendation by the Prime Minister, appoint ambassadors and other envoys to represent the country abroad.

4. He shall receive the credentials of foreign ambassadors and special envoys.

5. He shall award medals, prizes and gifts in accordance with conditions and procedures established by law.

6. He shall, upon recommendation by the Prime Minister in accordance with law, grant high military titles.

7. He shall, in accordance with conditions and procedures established by law, grant pardon.


See also: Article 61-68 Ethiopian Constitution 1994

Article 61-68 Ethiopian Constitution 1994

Article 61-68 Ethiopian Constitution 1994

Article 61, 62, 63, 64, 65, 66, 67, and 68 of the Constitution of Ethiopia 1994 are under Part Two (The House of the Federation) of Chapter Six of the Act. Chapter Six is titled The Federal Houses.

Article 61 Ethiopian Constitution 1994

Members of the House of the Federation

1. The House of the Federation is composed of representatives of Nations, Nationalities and Peoples.

2. Each Nation, Nationality and People shall be represented in the House of the Federation by at least one member. Each Nation or Nationality shall be represented by one additional representative for each one million of its population.

3, Members of the House of the Federation shall be elected by the State Councils. The State Councils may themselves elect representatives to the House of the Federation, or they may hold elections to have the representatives elected by the people directly.

Article 62 Ethiopian Constitution 1994

Powers and Functions of the House of the Federation

1. The House has the power to interpret the Constitution.

2. It shall organize the Council of Constitutional Inquiry.

3. It shall, in accordance with the Constitution, decide on issues relating to the rights of Nations, Nationalities and Peoples to self-determination, including the right to secession.

4. It shall promote the equality of the Peoples of Ethiopia enshrined in the Constitution and promote and consolidate their unity based on their mutual consent.

5. It shall exercise the powers concurrently entrusted to it and to the House of Peoples’ Representatives.

6. It shall strive to find solutions to disputes or misunderstandings that may arise between States.

7. It shall determine the division of revenues derived from joint Federal and State tax sources and the subsidies that the Federal Government may provide to the States.

8. It shall determine civil matters which require the enactment of laws by the House of Peoples’ Representatives.

9. It shall order Federal intervention of any State, in violation of this Constitution, endangers the constitutional order.

10. It shall establish permanent and ad hoc committees

11. It shall elect the Speaker and the Deputy Speaker of the House, and it shall adopt rules of procedure and internal administration.

Article 63 Ethiopian Constitution 1994

Immunity of Members of the House of the Federation

1. No member of the House of the Federation may be prosecuted on account of any vote he casts or opinion he expresses in the House, nor shall any administrative action be taken against any member on such grounds.

2. No member of the House of the Federation may be arrested or prosecuted without the permission of the House except in the case of flagrante delicto.

Article 64 Ethiopian Constitution 1994

Decisions and Rules of Procedure

1. The presence at a meeting of two-thirds of the members of the House of the Federation constitutes a quorum. All decisions of the House require the approval of a majority of members present and voting.

2. Members of the House may vote only when they are present in person in the House.

Article 65 Ethiopian Constitution 1994

Budget

The House of the Federation shall submit its budget for approval to the House of Peoples’ Representatives.

Article 66 Ethiopian Constitution 1994

Powers of the Speaker of the House

1. The Speaker of the House of the Federation shall preside over the meetings of the House.

2. He shall, on behalf of the House, direct all its administrative affairs.

3. He shall enforce all disciplinary actions the House takes on its members.

Article 67 Ethiopian Constitution 1994

Sessions and Term of Mandate

1. The House of the Federation shall hold at least two sessions annually.

2. The term of mandate of the House of the Federation shall be five years.

Article 68 Ethiopian Constitution 1994

No one may be a member of the House of Peoples’ Representatives and of the House of the Federation simultaneously.


See also:

Article 53-60 Ethiopian Constitution 1994

Article 53-60 Ethiopian Constitution 1994

Article 53-60 Ethiopian Constitution 1994

Article 53, 53, 54, 55, 56, 57, 58, 59, and 60 of the Constitution of Ethiopia 1994 are under The Federal Houses and Part one (The House of People’s Representatives) of Chapter Six of the Act. Chapter Six is titled The Federal Houses.

Article 53 Ethiopian Constitution 1994

The Federal Houses

There shall be two Federal Houses: The House of Peoples’ Representatives and the House of the Federation.

Article 54 Ethiopian Constitution 1994

Members of the House of Peoples’ Representatives

1. Members of the House of Peoples’ Representatives shall be elected by the People for a term of five years on the basis of universal suffrage and by direct, free and fair elections held by secret ballot.

2. Members of the House shall be elected from candidates in each electoral district by a plurality of the votes cast. Provisions shall be made by law for special representation for minority Nationalities and Peoples.

3. Members of the House, on the basis of population and special representation of minority Nationalities and Peoples, shall not exceed 550; of these, minority Nationalities and Peoples shall have at least 20 seats. Particulars shall be determined by law.

4. Members of the House are representatives ;of the Ethiopian People as a whole. They are governed by:
(a) The Constitution;
(b) The will of the people; and
(c) Their Conscience.

5. No member of the House may be prosecuted on account of any vote he casts or opinion he expresses in the House, nor shall any administrative action be taken against any member on such grounds.

6. No member of the House may be arrested or prosecuted without the permission of the House except in the case of flagrante delicto.

7. A member of the House may, in accordance with law, lose his mandate of representation upon loss of confidence by the electorate.

Article 55 Ethiopian Constitution 1994

Powers and Functions of the House of Peoples’ Representatives

1. The House of Peoples’ Representatives shall have the power of legislation in all masters assigned by this Constitution to Federal jurisdiction.

2. Consistent with the provision of sub-Article 1 of this Article, the House of Peoples’ Representatives shall enact specific laws on the following matters:
(a) Utilization of land and other natural resources, of rivers and lakes crossing the boundaries of the national territorial jurisdiction or linking two or more States;
(b) Inter-State commerce and foreign trade;
(c) Air, rail, water and sea transport, major roads linking two or more States, postal and telecommunication services;
(d) Enforcement of the political rights established by the Constitution and electoral laws and procedures;
(e) Nationality, immigration, passport, exit from and entry into the country, the rights of refugees and of asylum;
(f) Uniform standards of measurement and calendar;
(g) Patents and copyrights;
(h) The possession and bearing of arms.

3. It shall enact a labour code.

4. It shall enact a commercial code.

5. It shall enact a penal code. The States may, however, enact penal laws on matters that are not specifically covered by Federal penal legislation.

6. It shall enact civil laws which the House of the Federation deems necessary to establish and sustain one economic community.

7. It shall determine the organization of national defence, public security, and a national police force. If the conduct of these forces infringes upon human rights and the nation’s security, it shall carry out investigations and take necessary measures.

8. In conformity with Article 93 of the Constitution it shall declare a state of emergency; it shall consider and resolve on a decree of a state of emergency declared by the executive.

9. On the basis of a draft law submitted to it by the Council of Ministers it shall proclaim a state of war.

10. It shall approve general policies and strategies of economic, social and development, and fiscal and monetary policy of the country. It shall. enact laws on matters relating to the local currency, the administration of the National Bank, and foreign exchange.

11. It shall levy taxes and duties on revenue sources reserved to the Federal Government, it shall ratify the Federal budget.

12. It shall ratify international agreements concluded by the Executive.

13. It shall approve the appointment of Federal judges, members of the Council of Ministers, commissioners, the Auditor General, and of other officials whose appointment is required by law to be approved by it.

14. It shall establish a Human Rights Commission and determine by law its powers and functions.

15. It shall establish the institution of the Ombudsman, and select and appoint its members. It shall determine by law the powers and functions of the institution.

16. It shall, on its own initiative, request a joint session of the House of the Federation and of the House of Peoples’ Representatives to take appropriate measures when State authorities are unable to arrest violations of human rights within their jurisdiction. It shall, on the basis of the joint decision of the House, give directives to the concerned State authorities.

17. It has the power to call and to question the Prime Minister and other Federal officials and to investigate the Executive’s conduct and discharge of its responsibilities.

18. It shall, at the request of one-third of its members, discuss any matter pertaining to the powers of the executive. It has, in such cases, the power to take decisions or measures it deems necessary.

19. It shall elect the Speaker and Deputy Speaker of the House. It shall establish standing and ad hoc committees as it deems necessary to accomplish its work.

Article 56 Ethiopian Constitution 1994

Political Power

A political party, or a coalition of political parties that has the greatest number of seats in the House of Peoples’ Representatives shall form the Executive and lead it.

Article 57 Ethiopian Constitution 1994

Adoption of Laws

Laws deliberated upon and passed by the House shall be submitted to the Nation’s President for signature. The President shall sign a law submitted to him within fifteen days. If the President does not sign the law within fifteen days it shall take effect without his signature.

Article 58 Ethiopian Constitution 1994

Meetings of the House, Duration of its Term

1. The presence of more than half of the members of the House constitutes a quorum.

2. The annual session of the House shall begin on Monday of the final week of the Ethiopian month of Meskerem and end on the 30th day of the Ethiopian month of Sene. The House may adjourn for one month of recess during its annual session.

3. The House of Peoples’ Representatives shall be elected for a term of five years. Elections for a new House shall be concluded one month prior to the expiry of the House’s term.

4. The Speaker of the House may call a meeting of the House when it is in recess. The Speaker of the House is also obliged to call a meeeting of the House at the request of more than one-half of the members.

5. Meetings of the House shall be public. The House may, however, hold a closed meeting at the request of the Executive or members of the House if such a request is supported by a decision of more than one-half of the members of the House.

Article 59 Ethiopian Constitution 1994

Decisions and Rules of Procedure of the House

1. Unless otherwise provided in the Constitution, all decisions of the House shall be by a majority vote of the members present and voting.

2. The House shall adopt rules and procedures regarding the organization of its work and of its legislative process.

Article 60 Ethiopian Constitution 1994

Dissolution of the House

1. With the consent of the House, the Prime Minister may cause the dissolution of the House before the expiry of its term in order to hold new elections.

2. The President may invite political parties to form a coalition government within one week, if the Council of Ministers of a previous coalition is dissolved because of the loss of its majority in the House. The House shall be dissolved and new elections shall be held if the political parties cannot agree to the continuation of the previous coalition or to form a new majority coalition.

3. If the House is dissolved pursuant to sub-Article 1 or 2 of this Article, new elections shall be held within six months of its dissolution.

4. The new House shall convene within thirty days of the conclusion of the elections.

5. Following the dissolution of the House, the previous governing party or coalition of parties shall continue as a caretaker government. Beyond conducting the day to day affairs of government and organizing new elections, it may not enact new proclamations, regulations or decrees, nor may it repeal or amend any existing law.


Article 50-52 Ethiopian Constitution 1994

Article 50-52 Ethiopian Constitution 1994

Article 50-52 Ethiopian Constitution 1994

Article 50, 51, and 52 of the Constitution of Ethiopia 1994 are under Chapter Five of the Act. Chapter Five is titled The Structure and Division of Powers.

Article 50 Ethiopian Constitution 1994

Structure of the Organs of State

1. The Federal democratic Republic of Ethiopia comprises the Federal Government and the State members.

2. The Federal Government and the States shall have legislative, executive and judicial powers.

3. The House of Peoples’ Representatives is the highest authority of the Federal Government. The House is responsible to the People. The State Council is the highest organ of State authority. It is responsible to the People of the State.

4. State government shall be established at State and other administrative levels that they find necessary. Adequate power shall be granted to the lowest units of government to enable the People to participate directly in the administration of such units.

5. The State Council has the power of legislation on masters falling under State jurisdiction. Consistent with the provisions of this Constitution, the Council has power to draft, adopt and amend the state constitution.

6. The State administration constitutes the highest organ of executive power.

7. State judicial power is vested in its courts.

8. Federal and State powers are defined by this Constitution. The States shall respect the powers of the Federal Government. The Federal Government shall likewise respect the powers of the States.

9. The Federal Government may, when necessary, delegate to the States powers and functions granted to it by Article 51 of this Constitution.

Article 51 Ethiopian Constitution 1994

Powers and Functions of the Federal Government

l. It shall protect and defend the Constitution.

2. It shall formulate and implement the country’s policies, strategies and plans in respect of overall economic, social and development matters.

3. It shall establish and implement national standards and basic policy criteria for public health, education, science and technology as well as for the protection and preservation of cultural and historical legacies.

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

5. It shall enact laws for the utilization and conservation of land and other natural resources, historical sites and objects.

6. It shall establish and administer national defence and public security forces as well as a federal police force.

7. It shall administer the National Bank, print and borrow money, mint coins, regulate foreign exchange and money in circulation; it shall determine by law the conditions and terms under which States can borrow money from internal sources.

8. It shall formulate and implement foreign policy; it shall negotiate, and ratify international agreements.

9. It shall be responsible for the development, administration and regulation of air, rail, waterways and sea transport and major roads linking two or more States, as well as for postal and telecommunication services.

10. It shall levy taxes and collect duties on revenue sources reserved to the Federal Government; it shall draw up, approve and administer the Federal Government’s budget.

11. It shall determine and administer the utilization of the waters or rivers and lakes linking two or more States or crossing the boundaries of the national territorial jurisdiction.

12. It shall regulate inter-State and foreign commerce.

13. It shall administer and expand all federally funded institutions that provide services to two or more States.

14. It shall deploy, at the request of a state administration, Federal defence forces to arrest a deteriorating security situation within the requesting State when its authorities are unable to control it.

15. It shall enact, in order to give practical effect to political r rights provided for in this Constitution, all necessary laws governing political parties and elections.

16. It has the power to declare and to lift national state of emergency and states of emergencies limited to certain parts of the country.

17. It shall determine matters relating to nationality.

18. It shall determine and administer all masters relating to immigration, the granting of passports, entry into and exit from the country, refugees and asylum.

19. It shall patent inventions and protect copyrights.

20. It shall establish uniform standards of measurement and calendar.

21. It shall enact laws regulating the possession and bearing of arms.

Article 52 Ethiopian Constitution 1994

Powers and Functions of States

1. All powers not given expressly to the Federal Government alone, or concurrently to the Federal Government and the States are reserved to the States.

2. with sub-Article 1 of this article, states shall have the following powers and functions:
(a) To establish a State administration that best advances self-government, a democratic order based on the rule of law; to protect and defend the Federal Constitution;
(b) To enact and execute the State constitution and other laws;
(c) To formulate and execute economic, social and development policies, strategies and plans of State;
(d) to administer land and other natural resources in accordance with Federal Laws;
(e) To levy and collect taxes and duties on revenue sources reserved to the States and to draw up and administer the State budget;
(f) To enact and enforce laws on the State civil service and their condition of work; in the implementation of this responsibility it shall ensure that educational training and experience requirements for any job, title or position approximate national standards;
(g) To establish and administer a state police force, and to maintain public order and peace within the State;


See also:

Article 38-44 Ethiopian Constitution 1994

Article 45-49 Ethiopian Constitution 1994

Article 45-49 Ethiopian Constitution 1994

Article 45, 46, 47, 48, and 49 of the Constitution of Ethiopia 1994 are under Chapter Four of the Act. Chapter Four is titled State Structure.

Article 45 Ethiopian Constitution 1994

Form of Government

The Federal Democratic Republic of Ethiopia shall have a parliamentarian form of government.

Article 46 Ethiopian Constitution 1994

States of the Federation

1. The Federal Democratic Republic shall comprise of States.

2. States shall be delimited on the basis of the settlement patterns, language, identity and consent of the people concerned.

Article 47 Ethiopian Constitution 1994

Member States of the Federal Democratic Republic

1. Member States of the Federal Democratic Republic of Ethiopia are the following:
1) The State of Tigray
2) The State of Afar
3) The State of Amhara
4) The State of Oromia
5) The State of Somalia
6) The State of Benshangul/Gumuz
7) The State of the Southern Nations, Nationalities and Peoples
8) The State of the Gambela Peoples
9) The State of the Harari People

2. Nations, Nationalities and Peoples within the States enumerated in sub-Article 1 of this article have the right to establish, at any time, their own States.

3. The right of any Nation, Nationality or People to form its own state is exercisable under the following procedures:
(a) When the demand for statehood has been approved by a two-thirds majority of the members of the Council of the Nation, Nationality or People concerned, and the demand is presented in writing to the State Council;
(b) When the Council that received the demand has organized a referendum within one year to be held in the Nation, Nationality or People that made the demand;
(c) When the demand for statehood is supported by a majority vote in the referendum;
(d) When the State Council will have transferred its powers to the Nation, Nationality or People that made the demand; and
(e) When the new State created by the referendum without any need for application, directly becomes a member of the Federal Democratic Republic of Ethiopia.

4. Member States of the Federal Democratic Republic of Ethiopia shall have equal rights and powers.

Article 48 Ethiopian Constitution 1994

State Border Changes

1. All State border disputes shall be settled by agreement of the concerned States. Where the concerned States fail to reach agreement, the House of the Federation shall decide such disputes on the basis of settlement patterns and the wishes of the peoples concerned.

2. The House of Federation shall, within a period of two years, render a final decision on a dispute submitted to it pursuant to sub-Article 1 of this Article.

Article 49 Ethiopian Constitution 1994

Capital City

1. Addis Ababa shall be the capital city of the Federal State.

2. The residents of Addis Ababa shall have a full measure of self-government. Particulars shall be determined by law.

3. The Administration of Addis Ababa shall be responsible to the Federal Government.

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

5. The special interest of the State of Oromia in Addis Ababa, regarding the provision of social services or the utilization of natural resources and other similar matters, as well as joint administrative masters arising from the location of Addis Ababa within the State of Oromia, shall be respected. Particulars shall be determined by law.


See also:

Article 38 Ethiopian Constitution 1994 (The Right to Vote and to be Elected)

Article 29-37 Ethiopian Constitution 1994