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© JournalsBank.com (2014) ISSN 2220-9425

Incorporation of Human Rights into Legal Frameworks

of the three Successive Regimes of Ethiopia and their

Treatment: A Comparative Analysis

Endalcachew Bayeh*

*[Corresponding Author], [Ambo University, Department of Political Science and International Relations, Ambo, Ethiopia],

[[email protected]], [+251 9 21 59 71 52]

mailto:[email protected]

European Journal of Humanities and Social Sciences Vol. 32, No.1, 2014

© JournalsBank.com (2014). ISSN 2220-9425

1739

Incorporation of Human Rights into Legal Frameworks of the

three Successive Regimes of Ethiopia and their Treatment: A

Comparative Analysis

Endalcachew Bayeh

Abstract

This article assesses the incorporation of human rights under the legal frameworks of the three successive

regimes of Ethiopia, namely the Derg, Imperial and FDRE governments. Besides, it looks into the

implementation of those introduced rights. Accordingly, based on the data analyzed, the findings of the

study show that human rights have been incorporated under the three successive regimes’ constitutional

and other legal frameworks with a varying degree. It also identified that there have been significant

differences in terms of due recognition given to human rights. The current regime is by far better in

introducing as well as giving high attention to human rights. Nonetheless, violation of human rights is

what the three regimes have in common, albeit the degree differs.

Keywords: Human rights, incorporation of human rights, violations of human rights, legal frameworks



1740

1. Introduction

Human rights are entitlements given to everyone by

the mere fact of being a human being. Human rights

define the power of the government. It also obliges

the government to take positive step which creates a

fertile environment for all people to enjoy such

human rights (Nowak, 2005:1). As human rights are

universal by nature, they need to be applied fully at

all the time across all parts of the world. Putting it

differently, every government is duty bound to

respect, protect and fulfill human rights (ibid). More

importantly, each government has to incorporate

international human rights into its domestic legal

frameworks as they are implemented domestically at

state level (Lord and Stein, 2008: 452). Thus, it is

envisaged that, as one member of the international

community, Ethiopia would play its part in this

regard. The existing literature focuses on human

rights in Ethiopia with separate looking of the

regimes. The prevailing literature on the subject

does not make sufficient comparison of human

rights‟ incorporation as well as implementations

across the three successive regimes. Thus, this study

deals with the incorporation of human rights in to

the three successive regimes‟ constitutional and

legal frameworks, thereby contributing to the

available literature on the matter under question.

Moreover, the study examines changes and

continuities on the status of human rights across the

three successive regimes.

2. Human Rights during the Imperial

Regime

In the Ethiopia‟s pre-constitutional period the

concept of human rights was not developed and that

the practice of human rights was not one that is

emanated from human nature (Tsegaye, 2009:296).

In the period before the 1931 constitution peoples

were considered as a mere subject to the monarchs

and citizens were not assumed to have rights by the

mere fact of their humanity rather their privileges

and benefits emanated from the will of the emperors

(Ibid:296-297). Nonetheless, this trend continued to

prevail in the period of the written constitution since

the 1931.

2.1. The 1931 Constitution

The 1931 constitution which is considered as the

grant by the emperor and designed to strengthen the

absolute power of the same has no significant

relevance to human rights (Tsegaye, 2009:297;

Beken, 2007:13; Adem, 2011:41; Fasil, 1997:21).

The constitution lists very few rights of the subjects

which are recognized by the emperor, such as the

right not to be arrested, sentenced, deprived of their

property, and the right to free movement and

secrecy of

correspondence. These rights are too restrictive and

full of exceptions.i If one strictly looks into the



1741

constitution, it is only 7 articles which deal with

rights of the people. Hence, the qualifications as

well as number of human rights incorporated into

this constitution underscore the idea that

constitution has no significant relevance to the rights

of citizens. Even it was due to the influence of

international community that these few rights were

included in the constitution (Alemayehu, 2010: 40;

Babile, 1997:5). Though certain rights had been

recognized in the 1931 constitution, they were

hardly implemented due to lack of adequate

legislations to implement them, prerogative and

discretionary power given to the Emperor, and lack

of strong and independent institutions (Calpham and

Paul, 1967:340-341).

The emperor adopted Universal Declaration of

Human Rights (UDHR), which is a very important

declaration that constitutes the International Bill of

Rights, while the country was internally not in order

(Alemayehu, 2010: 41). It was simply to bandwagon

with the civilized nations and to build his image and

reputation. This and other pressures for introduction

of democratic concepts compelled the monarch to

revise the constitution.

2.2. The 1955 Revised Constitution

Having the reason stated above the 1931

constitution was revised in 1955. Chapter three of

this revised constitution from article 37-65 deals

with right and duties of the people. Accordingly, the

constitution contained 27 articles about human

rights which were adopted from the developed

European countries and also the American Bill of

Rights (Spencer, 1993: 340; Raphaeli, 1967: 427).

Hence, there was incorporation of a number of

human rights in the constitution, including the right

to assembly, association, election, expression, etc, as

compared to the 1931constitution. Nonetheless,

those rights are also constrained by the claw back

clauses marked by the phrase such as “in accordance

with the law”, or “as shall be determined by law”

(Tsegaye, 2009:298; Adem, 2011:42; Lewis,

1956:195).ii Moreover, Penal Code is also

introduced in 1957 to give reality and depth to the

principles of human rights.iii

It is safe to say that the

revision of the constitution as well as the

introduction of Penal Code show the concern of

human rights problem of the time. Nevertheless,

imperial rule under the revised constitution and

other legal frameworks was also characterized by

widespread human rights abuses despite the fact that

there was incorporation of considerable number of

rights. It is due to this fact that dissatisfied peoples

began to show their grievances through uprisings.

To calm down uprisings brought against the

monarch, the monarch come up with a Draft

Constitution in 1973 having incorporation of an

enormous list of human rights. The 1973 Draft

Constitution under Chapter Two deals with Rights,

Duties, and Responsibility of citizens. Accordingly,



1742

it includes rights such as equality before the law,

freedom of expression, demonstration, movement

and religion, non extradition, presumption of

innocence, to elect and to be elected, right against

double jeopardy etc).iv

When one looks into human

rights provisions of this draft constitution, he/she

understands the wide coverage given to rights of the

people. Even it exceeds the 1995 FDRE

constitution‟s rights provisions. More importantly,

this constitution provides provisions for the

establishment of Ombudsman to appeal into in case

of violation of human rights.v Though fascinating, it

seems ambitious as the state was not domestically in

order and never fit those enlightened concepts since

there was no parallel development of institutional

machineries. Consequently, the changes took place

were too little too late, thus, the regime demised and

the constitution easily aborted.

3. Human Rights during the Derg Regime

After the fall of the imperial regime, the Provisional

Military Administrative Council (PMAC) having

socialist ideology seriously depreciated human

rights of the citizens such as freedom of expression,

free elections and freedom of religion (Tsegaye,

2009:298; Fasil, 1997: 28). Later, after 13 years of

constitutional lacuna the regime came up with the

third written constitution which is the 1987

constitution.

3.1. The 1987 Constitution

The 1987 PDRE constitution which opened a chance

for grass-root level discussions on the provisions of

the draft constitution shows the weight given to

human rights in the text of constitution (Fasil,

1997:30). This has never been practiced in

constitutional history of Ethiopia. The preamble of

the constitution confirms sovereignty of the people,

equality of nationalities, respection of basic rights

and freedoms.vi

This constitution under Chapter

Seven deals with Fundamental Freedoms, Rights

and Duties of Citizens besides the non-extradition

right stated under Chapter Six. Accordingly, it

incorporated rights, like equality before the law,

equality of men and women, free education,

freedom of speech, press, association, presumption

of innocence, to elect and to be elected etc).vii

This

constitution emphasizes socio-economic and

cultural rights due to the socialist tendency of the

regime (Tsegaye, 2009:298; Adem, 2011:42). But,

there was hardly a vibrant human rights culture that

specially fostered the assertion of civil and political

rights (Africa Watch, 1991:10; Tsegaye, 2009:298).

Additionally, Ethiopia also joined the international

human right conventions such as the Convention on

the Elimination of Racial Discrimination (CERD)

and the Convention on the Elimination of All Forms

of Discrimination against Women (CEDAW) in

1976 and 1981 respectively (Brems, 2007:52;

Muhammad, 2011:20). Despite those conventions



1743

and other rights and freedoms incorporated in the

constitution, their implementation on the ground

was poor.

Above all, the Derg regime was known by the worst

human right records in the world. The regime was

responsible for violations of human rights on an

enormous scale including the torture, murder, and

disappearance of tens of thousands of Ethiopians

during the Red Terror campaign and continued to

commit such violations until it‟s down fall ( Balsvik,

2007:77; Human Right Watch, 2003:8; The

Advocates for Human Rights, 2009:7). Hence,

despite its incorporation of human rights, the regime

was known by brutal violations of human rights.

4. Human Rights under the Federal

Democratic Republic of Ethiopia

The Transitional Charter of Ethiopia had served for

three years as an interim constitutional framework

providing the basic governmental structures that

opened adequate space for the protection of

individual and group human rights (Hashim, 2010:

11). The transitional government has incorporated

the UDHR into its Charter and promised that human

rights and civil liberties will be respected (Allen,

1993:446). The Charter also asserts that based on

the UDHR individual human rights shall be

respected fully without any limitation whatsoever;

and acknowledged rights under article one and two

of the charter.viii

More importantly, the Charter

promised rights to the extent of exercising right to

self-determination of independence.ix

This

represents a very welcome change from the

government of Mengistu, which had an abysmal

human rights record. This charter served as a

foundation for the 1995 FDRE constitution.

4.1. The 1995 FDRE Constitution

The very significance of human rights is clearly

recognized in the preamble of the constitution,

which states the full respect of individual and

people‟s fundamental freedoms and rights as

foundation for building a political community

founded on the rule of law and capable of ensuring a

lasting peace guaranteeing a democratic order.x

Most importantly, the sanctity of human rights is

stated as one of the five fundamental principles of

the constitution. Article 10 (1) of the constitution

states that, “human rights and freedoms, emanating

from the nature of mankind, are inviolable and

inalienable”. This principle establishes the idea of

inherence, universality, indivisibility, and

inviolability of human rights (Tsegaye, 2009:301).

Hence, the idea of human right becomes more

recognized,

celebrated and given utmost significance in this four

th written constitution of Ethiopia. In this connectio

n, Tsegaye (2009:302) noted that the cumulative

effect of the five fundamental principles of

constitution is that they create a hospitable



1744

environment for a better protection of human rights

in Ethiopia.

The constitution has 106 articles with 11 chapters

and nearly one-third of the provisions of the

constitution deals with fundamental rights and

freedoms. This shows a major break from the past

constitutional traditions. In its Chapter Three the

constitution offers a long list of rights that are

divided into two major categories, namely that of

„Human Rights‟ and „Democratic Rights‟. Part One

of the chapter deals with human rights which covers

articles from 14-28 and part two deals with

democratic rights from article 29-44. Just to mention

some human rights under part one (the right to life,

security of person, liberty, prohibition against

inhumane treatment, right of person arrested, right

of persons accused etc.) and under democratic rights

(right of opinion, expression, assembly,

demonstration and petition, freedom of association,

freedom of movement, rights of nationality, marital,

personal and family rights etc.).xi

Another important improvement in the area of

human rights is the enactment of the criminal law,

which is introduced replacing the 1957 penal code

due to recognition by the Constitution and

international agreements ratified by Ethiopia of,

inter alia, human rights and democratic rights and

freedoms.xii

4.2. Ethiopia’s Ratified / Acceded

International Conventions

The 1966 two international conventions namely

International Convention on Civil and Political

Rights (ICCPR) and International Convention on

Economic, Social, and Cultural Rights (ICESCR)

were not ratified by any one of the preceding

governments and it is in this current regime that

both treaties acceded in 1993 (Brems, 2007:52;

Muhammad, 2011:19; Brietzke, 1995 :24; Vadala,

2009:1074; Goel, 2009:143). Thus, besides its

National Bill of Rights, Ethiopia is subject to those

International Bill of Rights (ICCPR, ICESCR and

UDHR) with the exception of the two Optional

Protocols of ICCPR on an individual complaint

mechanism (1996) and on the abolition of the death

penalty (1989)( Brems, 2007:52). Thus, when one

goes through the whole provisions of chapter three

of the 1995 constitution, he/she can understand how

far those rights listed in the 1966 conventions

(ICCPR&ICESCR) are incorporated into the legal

framework of the current regime.

Besides the above International Bill of Rights,

another new development regarding the Ethiopia‟s

ratification of the international human right treaties

is its ratification of the Convention on the Rights of

the Child (CRC) in 1991, though it has not yet taken

any action with respect to the 2000 Optional

Protocols on the sale of children, child prostitution



1745

and child pornography and on the involvement of

children in armed conflict (Brems, 2007:52;

Muhammad, 2011:19; Goel, 2009:143).

Additionally, Ethiopia became a party to the

Convention against Torture (CAT) in 1994, albeit

did not join the 2002 Optional Protocol establishing

a system of regular visits (Brems, 2007:52;

Muhammad, 2011:19). Moreover, the CERD and

CEDAW which Ethiopia joined in 1976 and 1981,

respectively, remain part and parcel of the Ethiopian

legal framework (Brems, 2007:52; Muhammad,

2011:20). Besides these, Ethiopia also ratified

African Charter on Human and Peoples‟ Rights in

1998 (Ibid: 20). It is without any reservation on the

substantive provisions that Ethiopia ratified/acceded

those conventions (Muhammad, 2011:19). Hence,

Ethiopia is a party to all major international treaties

on human rights (Abbink, 2009:12).

Most importantly, those rights under chapter three

of the FDRE constitution required to be interpreted

in line with the above mentioned international

instruments. Article 13(2) states that the

“fundamental rights and freedoms specified in the

chapter shall be interpreted in a manner conforming

to the principles of the UDHR, International

Covenants on Human Rights and International

instruments adopted by Ethiopia”.xiii

Besides, as per

article 9 (4) of the constitution all international

agreements ratified by Ethiopia are an integral part

of the law of the land. Thus, the abovementioned

international human right treaties are part and parcel

of the constitutional framework of the country.

From this one can deduce the massive incorporation

of human rights into the legal frameworks of the

current regime.

As far as institutional structure concerned

legislature, executive, and judiciary are the

important bodies in charge of administering rights

(Tsegaye, 2009:303). Ethiopian Human Rights

Commission (EHRC), the Institution of the

Ombudsman, and some similar institutions are also

special bodies that guarantee human rights in

Ethiopia (Tsegaye, 2009:304). The promise of the

constitution for establishment of Human Rights

Commissionxiv

and the institution of the

Ombudsmanxv

, unlike the previous regimes‟

constitutions, underscores the great attention given

for the protection and promotion of human rights.

The institution of Ombudsman is established to

bring good governance through ensuring citizen‟s

rights.xvi

In a nutshell, the constitution is a human

rights friendly text.

Nonetheless, needless to say, this massive

incorporation of human rights to the constitution and

other legal frameworks of the country does not

mean that they are fully realized. The issue of

implementation of human rights is subject to

different criticisms by different authorities. Some

maintained that the current regime of Ethiopia has



1746

poor human right record and has been condemned

widely for its massive violations of human rights

(Alemayehu, 2008:124; Tronvoll, 2008: 50;

EHAHRDP, 2008:3; Asafa, 2005:11). There have

been constant arguments about rights‟ violations and

repression, notably the Western donors have

expressed disappointment over the government

forces‟ killing of 190 demonstrators in 2005, and

over the general repression that followed (Abbink,

2009:18-19; EHAHRDP, 2008:3). Besides,

international human rights organizations, in

particular Amnesty International, Human Rights

Watch and Africa Watch, have consistently

documented serious human rights violations in the

country (Mohamud and Doornbos, 2002:74). Other

regional and local monitoring groups, such as the

Ogaden Human Rights Committee, the Ethiopian

Human Rights Commission and the Sidama

Concern, have published similar reports (Ibid:74).

Furthermore, The Advocates for Human Rights

(2012: 1-2) noted that ICESCR are violated by the

current government of Ethiopian. Committee on the

Elimination of Racial Discrimination also criticized

the government for the violation of CERD

(Tronvoll, 2008: 57). Thus, Ethiopia has remained

to be a state known to the world for its recurrent

lack of respect for human rights (Asafa, 2010:161).

5. Changes and Continuities

There are changes and continuities on the status of

human rights across the three successive regimes‟

legal frameworks. These are apparent in the

coverage, scope, amendment and implementation of

rights. These are discussed one by one as follows.

The FDRE Constitution has extensive coverage

dealing with various themes of democratic and

human rights from Art. 14-44. The previous legal

frameworks were not as such wide in coverage. For

instance, the 1931constitution contains, if one

strictly looks, only 7 articles; the 1955 constitution

has 27 articles; and the 1987 constitution has 18

articles. In addition to rights incorporated in the

previous constitutions, the current constitution

added further elaborated rights and freedoms and

thereby widens its coverage.

The principle of inviolability and inalienability of

human rights can also be understood as another

peculiarity in the 1995 constitution as compared

with the past legal frameworks. Besides, as far as

scope of application concerned fundamental rights

and freedoms in the 1995 constitution shall be

interpreted in a manner conforming to the principles

of UDHR and International Covenants adopted by

Ethiopia. This broadens their scope of application.

This is major change in the status of human rights

which has not been stated in the three foregoing

constitutions.



1747

Besides the interpretation requirement, the high

value given to human rights is further revealed in

their amendment requirement. Amendment of

human rights provisions of the 1995 constitution is

subject to special and stringent procedures unlike

what is applied to other provisions of the

constitution.xvii

This is to avoid unnecessary

degeneration and to consolidate the sanctity of

human rights. The 1931 constitution has no

provision about amendment at all, whereas the 1955

revised constitution has no special procedure given

to human rights provisions.xviii

The 1987

constitution also stipulates no special stringent

criteria to human rights provisions.xix

Thus, the 1995

constitution is unique and has this major departure.

Generally, the degree of inclusion of and emphasis

given to human rights varies across the three

regimes. And this by far increases in the current

regime in that human rights are massively

incorporated and given special attention. What still

persists in all the three successive regimes, however,

is the prevalence of violations of human rights,

though the degree differs.

6. Conclusion

In the pre-constitutional period of Ethiopia human

rights had no place to be entertained. The

incorporation of human rights into the legal

frameworks started since the 1931 constitution of

Ethiopia, under the imperial regime. But, though

this constitution incorporated few rights of subjects,

they were not realized as the constitution mainly

devoted to magnify the sacredness of the emperor.

Later, the constitution was replaced by the 1955

revised constitution which introduced more

extended progressive human rights that adopted

from western countries. However, once again the

constitution reaffirmed the absolute power of the

king and human rights violations remain intact. At

the end, the monarch introduced a Draft

Constitution which by far better in massively

introducing rights. Nevertheless, it could not last

long and immediately averted.

Human rights continued to be incorporated in the

1987 PDRE constitution. Having the tendency to

socialist ideology more emphasis was given to

economic, social, and cultural rights. Nevertheless,

it was in this period that very heinous and extreme

violations of human rights occurred under the

operation of Red Terror.

In the existing legal framework of Ethiopia

incorporated a wide range of rights recognized in the

International Bill of Rights to its National Bill of

Rights. The reach and application, interpretation,

limitations, and entrenchment of the provisions of

human rights under chapter three underscore that the

constitution is a very human rights friendly text.

Moreover, an enormous change come since 1991 as



1748

far as human rights discourse, institutions,

advocacies, civil societies, and ratifying

international human rights treaties concerned.

However, it does not mean that human rights are

well realized on the ground, which makes the

regime similar with the past regimes.



1749

NOTES

i The 1931 Constitution of Ethiopia, chapter III

ii The 1955 revised constitution of Ethiopia, Chapter 3, Art. 37-65.

iii The Penal Code Proclamation No. 158/1957 of Ethiopia

iv The 1973 Draft Constitution of Ethiopia, Chapter 2, Art. 21-59.

v Ibid, Chapter 9, Art.143-146.

vi The 1987 Constitution of People‟s Democratic Republic of Ethiopia, Preamble, paragraph 12

vii Ibid, Chapter 7, Art. 35-52.

viiiTransitional Period Charter No. 1/1991 of Ethiopia, Part one, Art 1-2.

ix Ibid, Part one, Art 2 (c).

x FDRE Constitution, preamble, paragraph 2 &5.

xi Ibid, chapter 3, Art. 14-44.

xiiThe Criminal Code Proclamation No.414/2004 of the Federal Democratic Republic of Ethiopia, Preface,

Paragraph 1.

xiii FDRE Constitution (see n.10), Chapter 3, Article 13(2)

xiv Ibid, Article 55(14)

xv Ibid, Article 55(15)

xvi The Institution of the Ombudsman Establishment Proclamation No. 211/2000.

xvii FDRE Constitution (see n.10), Article 105(1).

xviii The 1955 revised constitution (see n. 2), article 131.

xix The 1987 Constitution (see n. 6), article 119.

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