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ETHIOPIAN LE�AL FORMBOOK VOLUME ONE FORMS OF LAW AND LEGAL DOCUMENTS
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Kenneth Robert Redde@
With the Assistance of Miss Alexandra N. I-Iamawi and Ato Abebe G11angol1l
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FACULTY OF LAW HAILE SELLASS.IE I UNIVERSITY ADDIS ABABA 1966
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E'l,11 I_OPIAN· LEGAL FORMBOOK . VOLU·ME . O·. NE .
FORMS OF LAW and LEGAL DOCUMENTS
PUBLICATIONS OF TIIE FACULTY OF LAW HAILE SELLASSIE I UNIVERSITY THE JOURNAL OF ETHIOPIAN LAW ni U � sie !as Sel .ile Ha w, La of ty cul Fa the at ly ual Published twice ann _ 1an versity in co-operation witl1 tl1e Ministry of Justice, Imperial Eth1op Government. MATERIALS FOR THE STUDY OF THE PENAL LAW OF ETHIOPIA (1965) Steven Lowenstein, Faculty of Law, Haile Sellassie I University. THE CONFLICT OF LAWS IN ETHIOPIA (1965) Robert Allen Sedler, Faculty of Law, Haile Sellassie I University. AN IN1 RODUCTION TO ETHIOPIAN. PENAL LAW (1965) Philippe Gra\'en, Ministry of Justice, Imperial Ethiopian Government. "'
ETI-IIOPIAl\T LEGAL FORMBOOK (1966): VOLUME ONE (FORMS OF LA'lil AND LEGAL DOCUMENTS) I(e.nnetl1 Robert Redden, Fulbright Professor of Law, Haile Sellassie I University. -•
JOKN'f PUBLI�:f\TIONS OF THE FACULTY OF LAW AND TI-KE INSTITUTE OF ETHIOPIAN STUDIES THE LAN·D TENURE SERIES LAND CHARTERS OF NORTHERN ETHIOPIA (1966) G.':'f.B. . I-l:untingford, D. Lit., School of Oriental and African Studies, Un1vers1ty of London. PILOT FIELD STUDY OF CHORE (SHOA) (1 965) H.S. Mann, Rural Institutions Officer, F.A.0., United Nations. - - -
All of the abov� works may b� p�rchased in Eth iopia from the Facult of Law, :��s 11 A��1; A th p.1a, or inte rnationaily, from Oxford bnive ;� � � 1f ! rsity � l - 2, ' �b , :en ya and B ox 1024, Addis Ababa, Ethiopia.
ETffiOPIAN' LEGAL FO VOLUME ONE :
FORMS OF LAW AND LEG4L D. O CUMENTS :
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· Kenneth·: Rob·e�t. �Redden . '. . .. . . . Fulbright Professor of Law Haile Sellassie I University ,... • • •,•,,)J
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With the Assista11ce of Miss Alexandra N. I-la111awi
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Ato Abebe Guangoul of Haile Sellassie I University
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PUBLISHED BY THE FACULTY OF LAW HAlLE SELLASSIE I UNIVERSITY
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ADDIS ABABA, ETIIIOPIA
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in association with <DXFORD . UNIVERSITY PRESS ADDIS . ABABA'-· ... ..NAIROBI ..
1966 •
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OOK
Copyright by the Faculty of Law flaile Sellassie I University 1966 1\..11 rights reserved, including the right to reproduce this book or portions tl1ereof in any form
Printed at tl1e ARTISTIC PRINTERS LTD. Addis Ababa, Ethiopia
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DEDICATED TO â&#x20AC;¢'
SENATOR J. WILLIAM FULBRIGHT '
WHO STARTED IT ALL WAY BACK IN 1946
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PREFACE j
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This is the first of a series of Ethiopian Legal Formbooks. It was prepared as an introductory text for first year students of the Faculty of Law, Haile Sellassie I University. Hopefully, however, it may also be read with profit by others both within and without the Empire even though it is only an elementary survey. The purpose of the book is to illustrate and explain some of the various types of historic and modem Ethiopian law together with significant legal docu ments. The samples selected and the accompanying annotations are designed to give the reader a general bird's-eye view of the present legal system of Ethiopia.
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The scope of the volume may be gleaned from the Table of Contents. The extensive cross-references within the text and the detailed Index should facilitate the location of desired information. Those who wish to pursue the subject in greater detail should read tl1e scholarly essay by Dr. Jacques Vanderlinden, ''An I11troduction to the Sources of Ethiopian Law'' Volume III, Journal of Ethiopian La\.v, No. 1, (1966) wl1icl1 contains the most complete Bibliograpl1y of Etl1iopian legal materials which has ever been assembled. Likewise, one should also co,nsult individual volumes devoted to special related areas which are in the process of publicaion under the sponsorship of the Faculty of Law sucl1 as ''Land Charters of Northern Ethiopia'' (1966) by Dr. G.W.B. Huntingford. Kenneth Robert Redde,z
Makonnen HaJl Addis Ababa, Ethiopia January 1, 1966
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ACKNOWLEDGMENT
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No book is ever written by one man alone. Thjs volume is no exception. I am most indebted to my American associates and Ethiopian colleagues on the Bench, at the Bar and in tl1e Classroom, in general, for their generous encourage ment and valuable aid, and to Dean James C.N. Paul, in particular. Thanks are also due to all the students of the first LL.B. graduation class of 1966 whose stimulation and research efforts are reflected liberally throughout the entire text. Indeed, two students performed services so far beyond routine citation checking and p�o�freading that I am proud to list Miss Alexandra N. Hamawi and Ato Abebe Guangoul as my colleagues on the title page of this book.
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Term papers were required on Ethiopian Constitutional Law as part of their class work in the Public Law II class which it was my privilege and pleasure to teach in 1965. Those from whose work I have borrowed l1erein include tl1e follow ing: Ato Aberra Jembere, Ato Daniel Zelleke, Ato Kassa Beyene, Ato Sehul Micael, Ato Shemellis Houssein, Ato Yohannes Herouy and Ato Zerabruk Aberra. Where I have relied on a specific translation -or memorandum, the at1thor is identified in - parentheses in the text. The statistical data \Vere supplied by Christopher Clapham of Oxford University. Professor Everett Goldberg kindly read the final manuscript, in the course of whicl1 he spotted many errors and supplied splendid suggestions for tl1e improvement of the text for wl1icl1 I a1n indeed grateful.
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CAVEAT Although English is a well established second language of Ethlopia, Amharic is the official tongue of the Empire. While the laws are published in both Aml1aric and English, if tl1ere is any conflict, the former is of course controlling over the latter. Amharic is a rich and romantic language, perhaps better suited to the flights of literary fancy than the preciseness required by the Law. Additional complicali11g factors are also present. Occasional but serious mistranslations of Ethiopian law from Aml1aric into English make the work of foreigners most difficult. A few examples will st1ffice. Article 52 of the Constitution of 1955 gt1arantees tl1e accused in the official Amharic version a ''speedy and public trial" wl1ereas in the Englisl1 text he is given only a ''speedy trial." Article 772 o( tl1e Civil Code limits a filiation action to the child in the English translation wl1ereas in the governing A._mharic text the proceeding may be brought by the n1otl1er or tl1c cl1ild. A. fi11al example closer to the subject of this volume dealing witl1 Fon11s of Law would be Article 88 of the Constitution of 1955 which refers i11 Englisl1 to Ministerial Decrees w�1ich is clearly erroneous . because under Article 92 of the san1c Constitution a Decree may be lawfully issued only by the En1peror.. Tl1e above generai warning statement is made by way of an apology for any errors wllich may be founrl in the text of Volume One of this Ethiopian Legal Formbook Series. t..Jthough much help has been received from a number of people, the autl1or alone is responsible for any mistakes.
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TABLE OF CONTENTS •
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PREFACE
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PART I
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DOMESTIC FORMS
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HISTORIC LAW (Fetba Negast) ... ... ... ... ... ... ... ... LAW REPORTER (N�ga.r i·t daze�a)
Form
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.. .- . .'.. .. : . ... ... ... ... ... ... ... ... Form 3 CONSTITUTION SOVEREIGN CONSTI-TUTION (Revised Constitt1lio11 of Ethiopia of 1955) � .. , ... .... ... ... ... ... ... ... ... .. . Forn1 3 (A) . (Law Students' As NON-GOVERNMENTAL CONSTITUT�ON sociation of Haile Sellassie I University) ... .. . . . . . .. . .. Form 3 (B) •
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LAW • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • IMPERIAL LAW (Ethiopian Nationali·ty Law of- 1930) ..·. . .. . .. GOLDEN EDICT (Seven Point Bale Declaration) ... .. . ... IMPERIAL PRONOUNCEMENT (Ministerial Responsibility) ... MILITA.RY LAW (Imperial Army Act) ... ... ... ... ... ... ERlTREAN AND FEDERAL LAW. (.Judgment of Federal · · .. : . .: _-. ...... � ... ... ... Supreme Imperial Co . urt): ·..· ..
Form Form Form Form Form
PARLIAMENTARY PROCEDURE ... . .. . . . ... ... ... ... .. . N SJ;,NATE ... PROCEDURE ·op ETHIOPIA AND S RuLE . . . MINUTES OP ETHIOPIAN SENATE DEBATE (Sununary) ... . ......,.. COMMITTEE. REPORT. OF ETHIOPIAN LEGISLA'I1VE 2 . • • • . • • • • •• · • _. • SENATE .... ., , . ... ... ... .· .... . :.. . :. .... PROPOSED HYPOTHETICAL ,.CfIAMBER . OJ:< DEPUTIES PRIVATE· MEMBERS' BILL .(Abolition· of Flogging - Including Majority_ �nd Min�rity Reports. <?f Legal. Co�mittee) ·...
Form 5 Form 5 (A) Form 5 (B)
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• •• ••• ••• . .. . ·. · · · · · · · · · ·· · · · · · · · CODE .. . . . . . . . 7 5 19 F O A I P O I TH E F o E D o c L A N E P 0 TEXT S MMI N O O I C T A IC IF D O C R O CODE COMMITTEE NOTES· · · · · · · · · · · · · · · · · · · · · e) SION REPORT (Penal Cod · · · · · · · · · · · · · · · · · · · · · . . . s) st PROCLAMATION (State Fore · · · · · · · · · · · · · · · · · · · . . . . . . . . . . . n) DECREE (Civil Aviatio e) re ec D re tu di en xp E n io at ov en R ay hw ig NOTICE OF APPROVAL (H e) re ec D x Ta se ci Ex ls ia er at M g in ld ui (B L A V O R NOTICE OF DISAPP ·. · · ·· . . . . . . . . . . . . . . . . . . . . . . . . n) io at vi A il iv (C ORDER . .. . . . . . . . . . . . . . . . . . . s) ion lat Re r ot! ab (L CE LEGAL NOTI GENERAL NOTICE (Appointme11t of Vice-Minister of War) .. . ...
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·NOTICE (E11cot1ragement of Foreign Investment in Ethiopia) ... REGULATIOl'-JS AN D RULES ... ... ... ... ... ... ... GENERfa"L REG.UL1\.TIONS ... .. . ... ... .. . ... .. . '" GOVEF.N1vffi1� fAL INTER1'IAL PROCEDURES AND .., PR1-\C1 ICES (Office of tl-1e Ligaba) ... ... ... ... ... ... ... ... (Council of l\11i11isters) ... . . . . .. .. . . .. ... ... ... NON-GOVER1'1"I\1ENT.A.L RULES OR REGULATIONS . . . (F.aculty, o.f. L�uv.,, H a.Ae il S e 11ass1e I U n1vers1ty) . .. . .. ...
Form 6 For1n 6 (A)
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Form 12 Form 13
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Form 15 Form 15 (A)
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Form 15 (B) (1) Fo1n1 15 (B) (2)
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Forn1 15 (C)
IvIU1'TIClPAL OR LOCAL LAW (Parking Regulations of Addis Ababa) . . . .. .. . . . . . .. . .. ... ... ... ... ... .. .. . .. ...
Form 16
ARBITRATION ... .. . ... ... ... ... ... ... .. . . .. ... ... ARBITRATION AGREEMENT (Standard Form) ... ... . .. ARBITRATION AWARD (Divorce) . .. ... ... ... ... ...
For1n 18 Forni 18 (A) Form 18 (B)
JUDGMENT (High Court Opinion) ... ... ... ... ... ... ... ... Form 17
RULES OF COURT ... ... .. . ... ... ... ... ... ... ... ... For1n 19 COURT PROCEDURE RULES OF 1943 ... ... ... ... ... Form 19 (A) REGISTRATION OF ADVOCATES RULES OF 1952 ... ... For1r1 19 (B) DECISION OR AWARD ... ••• • • • • • • • •• • • • • • • • •• ••• .. . Forni 20 CENTRAL ELECTORAL BOARD • • • • •• • •• •• • • • • ... Form 20 (A) LABOUR RELATIONS BOARD • • • • • • • • • • • • • • • • • • ... Form 20 (B) CIRCULAR LETTER (Ministry of Justice) .... ... ... ... ... ... Form 21 •
ISLAMIC LAW (Judgments of Naiba Council) ... ... ... . .. ...
Fo11n 22
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CANON LAW (Fetha Negast)· ... . ... ...
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PART II INTERNATIONAL FORMS •
TREATY (Amity and Economic Relations United States of America) ... . .. .. . TEXT OF TREATY .. . ... . . . ... RATIFICATION OF TREATY ... PROMULGATION OF TREATY. ...
Between ... ... ... ... ... ... ... . ...
Ethiopia . . . ... . .. . . . ... ... .. : . . .
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Forn1 Form Form Form
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EXCHANGE OF NOTES (Between Ethiopia and the United States of America) ... .. . . .. . .. ... ... .. . ... .. . ... . . . ... Form 25 INTERNATIONAL AGREEMENT (Between Ethiopia a11d Sweden) Form 26 MEMORANDUM OF AGREEMENT.(Between Ethiopia and S11dan) Form 27 PROTOCOL (Between Ethiopia and the Union of Soviet Socialist Republics) ... . .. . .. .. . .. . .. . .. . ... ... ... ... ... .. . Form 28 AIDE MEMOIRE (Between Ethiopia and Somalia) ... . . . . . . ... Fonn 29 ,•-
JOINT COMMUNIQUE (Between Ethiopia and Sudan) . . . .. . . . . CONCESSION (Between Me.nelik: II and George Lane) . . .
Form 30
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TRUSTEESHIP AGREEMENT (Territory of Tanga11yika) ... ...
For]n 32
ADVISORY OPINION (Expenses of the United Nations) ... ... ...
Fon11 33
PART ill MISCELLANEOUS FORMS OFFICIAL GOVERNMENT REPORT (Election of Men1bers of Chamber of Deputies) . . . ... ... .. . ... .. · · · · · · · . · · · · · Form 34
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PRIVATE REPORT TO THE GOVERNMENT (Male Juvenile Delinquency in Ethiopia) ... ... . . . ... .. · · · · · · · .. · ...
Form 35
MEMORANDUM OF APPEAL ... . . . .. · · · · · · · JUDGMENT OF THE LOWER COURT (Criminal MEMORANDUM OF APPEAL (Criminal Case)... MEMORANDUM OF APPEAL (Civil Case) ...
Form Form Form Form
RECORD (Transcript of Testimony) ... ... ... ...
· · · ·. · Case)... ... ... ... . ..
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36 36 (A) 36 (B) 36 (C)
... .. . ... Form 37
MEMORANDUM OF LAW - HYPOTHETICAL (Municipal Taxes) Form 38 - lX -
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· · · . ·. . . . n) tio ia pr ro xp (E L A IC ET H T OPINION LETTER - HYPO .·. . ·. . . . . . . . . . . . . . . . . . . . . . . . . . . . LAW JOURNAL · · · ·· . . . . . . . . . . . . . . . . . . . . . . LEADING ARTICLE CURRENT ISSUE . . . ... ... ... ... ... .. . . . . . .· . ·. ... ... ... ... ... ... .�. ... ... ... COM:MENTARY . . . . . . . . · -' . . · ip) nsh ize Cit gn rei Fo of on ati nci enu T (R VI DA AFFI . . . . . . . . . . . . · · · . · · · · · · . . . . . . . . . . . . . . . . . . . . . . .. . . OATH OATI-I OF E:tvIPEROR ON ·coRONATION ... ... . . ... ... OATH OF ALLEGIANCE .. . ... ... ... ... ... ... . .. OATI-I OF ADMISSION ·TO· PRACTICE· LAW ... · ... ... ... OATH OF COURT-MARTIAL ... ... ... · ....... ... ... CANON . . . . . . . . . . . . . .. . .. .. . . . . . . . . .. . . . . ·�· ... .. . PROFESSIONAL ETHICS FOR LAWYERS (Recqmmended) ... PROFESSIONAL ETHICS FQR JUDGES n. ded) ... . (Recomme, . . . .. .
Form Form Form Form
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Form 41 Form Form Form Form Form
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42 42 (A) 42 (B) 42 (C) 42 (D)
Form 43 Form 43(A) Form 43 (B)
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PART I DOMESTIC FORMS
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FORM 1 HISTORIC LAW FETIIA NAGAST
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HOMICIDE AND !TS CORPORAL AND SPIRITUAL PUNISI-IMENT .
Of one who has no intention to kill a man, nor to beat him, but his intention being for another tlting, as to beat a beast, or to draw the bow for killing a wild anim�l, if he happens to kill a person. This case is divided into two parts : the _ _ is whether the k1lle knows tl1at an accident can take place in tl1e place of first � _ when the bow 1s drawn, as one who shoots an arrow at a bird or a hunting, wild animal which escapes among people, or in tl1e middle of the town in which people stay. This one, since his n1ain intention is not to kill a person, but, the person has been killed accidentally, sl1all be judged as one wl10 killed invol11n tarily, since it is evident that the place in which the incident l1appened is a hu11t ing place, his guilt is less than tl1e killing, becat1se l1e has no inte11tion to kill a man. This is the same case of one who l1as a leaning wall or an illnat11red slave, or beasts which kill, and mules or camels which kick or an ox which v1ounds by horns: In case he does not ta.ke care of the1n or does not give caution to the people to be on guard: or who digs a well i11 the street and does not cover it, or who makes steps for external use without any railing, all these are establishecl in the Mosaic Law at the end of the chapter corresponding to AlJtelis i.e., 38. The second part of this case is wl1en one does not lcnow l1e is cat1sing mtirder, as one who, with intention to beat a beast, he beats, insteacl, a man \Vl1om he did not see, or shoots in a desert, or lets a wall fall upo11 s01neo11e witho11t thinking that it could fall: or if l1e had no il]natured serva11t or da11gerot1s beasts, nor was the well in the street or the steps delapidated: 011e wl10 beats or sl1oots, l1is pt1nisl1ment is to be exiled. The servant or tl1e beast will be taken by the relatives of the injured, but the owner of tl1e steps and of the ,veil and tl1at of the wall has no responsibility. - - EDITORIAL NOTE One of the most historical sources of the Iav1 in all the legal literatl1re of Ethiopia, if not the entire world is the Fetha Negast. It is a sophisticated compilation of legal pre scriptions concerning both religious and secular n1atte�s written i� _tl1e 13th c� ntury . in Egypt and promulgated by Patriarch Cyril III as a guide for Chnst1an pop11: Iation living within a Moslem society. This Code is also known as tl1e "La\vs of the Kings" or the .. Imperial Code". Some time in the early part of the 17th century the Fetha _ Negast was introduced into Ethiopia. By Ethiopian tradition . it is reputed to have been \vr1tten by tl1e _ "Three Hundred Sages", that is, the Selestu 1'tleet.I, or 318 Fathers of the Church. Ongina �ly written in Arabic, and incorporating law from the Old and � ew Testaments together_ with Roman, Canon and some Muslim precepts and tl1e �roc_eed1ngs of the earl� counc1l_s � f Nicea and Antioch it was first translated in Ethiopia into Ge-ez, the ancient Eth1op�c liturgical language, 'a.nd applied throughout Christian areas of the country by the Coptic Church. The Fetha Negast is still available only in Ge-ez � xcept_ f_or a singl� translatio? into ltali�n published in Naples in 1899 by the scholar, Ignazio qwd1. An English translation _ by Abba Paulos Txadua, Dr. Pol. Sc., Dr. Jur., is presently ,being prepared under the auspices
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of l11e Faculty of La\v, I-Iaile Sellassie I University, from wl1ich the above excerpt in Form 1 \Vas taken. The Fetha Negast is con1posed of two parts, the first dealing with religious matters, the second with civil affairs. Tl1e basically religious nature of the work permeates even the civil sections as n1ay be seen by the following chapter headings: XLVI - "The Punisl1n1ent Reserved for One W110 Denies the Highest God, Blasphemes Him a.nd Wor ships Otl1ers ..." and XL\'11 - "Hon1icide and Its Corporal and Spiritual Punishment." Tl1e Fetl1 a Negast together witl1 custon1ary Jaw, IJarticularly in non-Cl1ristian areas of the Empire, ren1ained the applicable penal law of Ethiopia until November 2, 1930, the day of tl1e coronation of Haile Selassie I, ,vl1en the first, modern and codified law of the Empire, tl1e Penal Code of 1930, was promulgated. It is still used as the Canon Law of the Ethiopian Ortl1odox Cl1urch ,vl1ich retains a limited jurisdiction in certain n1atters of n1arriage, divorce and property rights. See Form 23. Professor Steven Lowe11stein
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FORM 2 LAW REPORTER NEGARIT GAZETA
No. 1 - - -
PROCLA1'fATION
OF
1942
2. There i � here?y established the Official Gazette wl1icl1 shall be called Negarit Gazeta 1n which shall be published: a) All Proclamations. Decrees, Laws, Rules, Regt1lations, Orders, Notices and subsidiary legislation. - - 5. A Court shall take judicial notice of: a) All Proclamations, Decrees, Laws, Rules, Regt1lations, Orders, Notices and subsidiary legislation pt1blished i11 the Negarit Gazeta. - - EDITORIAL NOTE Th_e �egarit_ Gaz:ta is tl1e ?fficial legislative, executive and adn1inistrative Law Reporter of E�h1opia. Written 1� Amharic and English, the first isst1e appeared on Marcl1 30, 1942, and 1t has bee.n published regularly since that date. Its pages l1ave contained the official texts of the Revised Constittition of 1955, tl1e modern Codes, Proclamations, Decrees, General Notices, Orders, and otl1er Forms of Law illustrated hereafter, all of ,vhicl1 pre sumably do not beco.me effective until they are so published in tile Negarit Gazeta. A.ppellate Court Opinions, which are called Judgn1ents, see Form 17, are published in the Journal of Et/1 iopia11 La�v. See Form 38. Decisions or A,vards of Administrative Boards, Agencies, Commissions, and Tribunals, and some otl1er Forms of La\v are 11ot publisl1cd at present. See Form 20. Negarit is Amharic for drum. Gazeta is Italian for 11ewspaper. Years ago public announ cements and the promulgation of law were proclaimed in Etl1iopia by the beating of a drum. The combination of the traditional word Negarit ,vith tl1e imported word Gazeta therefore constitutes the designation of the official n1edia of commun.ication of legal informatior1 to the public. Note that the excerpt of Forn1 2, printed above, \Vhicl1 created tile Negarit Gazcta, provides for the publication tl1erein of "All Proclamations, Decrees, Laws, Rules, Regula tions Orders, Notices and subsidiary legislation". Subsidiary legislation presumably refers to d;legated legislation which is publisl1ed i11 the form of Legal Notice. The five major types of non-jt1dicial Etl1iopian la\v, altl1ougl1 never so officially pre scribed are in accord with the divisions of legislative autl1ority set out in the Constitution of 193i and the Revised Constitution of 1955. Tl1us, tinder the title of "Order", the Emperor e departn1en_ts and determines ''the organization, po,vers and duties of al_l Ivlini�trie�, executiv _ the administration of tl1e Governn1ent." All substanuve legislation 1s passed b:f Parliament and approved by the Emperor; sucl1 a la,v i s entitled a "Proclamation". The Emperor acting alone may promulgate substantive legislation only "in cases of emergency that arise wl,en the Chambers are not sitting," th.is law is called a "Decree". The term "Legal Notice" is used mainly for the publication of Rules �r Regulation� , ��t�ority_ for which has been delegated to various government officials. A General Notice is mainly . used by the Empe:or to announce appointments or awards of ho!101;1r. There was c�nfus1on of these terms in the early years of the Negarit Gazeta, but this 1s now the established pattern. Proclamations, decrees and orders t1sualJy appea� in the Negarit Gazeta under tl1eir generic name, number and year and they art: so cited. (E.g., Decree N?· 42 of 1962.) Regulations and rules usually so also appear 10 tl1e fom1 of a legal notice. (E.g., Legal Notice No. 257 of 1962.) Laws are published in the Negarit Gazeta in strict clrronological order which neces-
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ETI-IIOPIA.N LEGAL FoRMBOOK sarily makes it difficult to obtain an accurate current_ version of fre9 uently amen?ed Legisla tion. In a few instances important Legislation also did not appear 1n a regular issue �f .the Negarit Gazeta in proper order and carries no identification (such as the Code of Cnm1.nal Procedure, which sl1ot1ld have been Proclamation No. 185 of 1961,. but that number was given instead to a loan from t11e International Bank for Reconstruction and Development) and occasionally two different pieces of Legislation even bear the same n�mber (the Costs and Advocate Fees Rules of 1951, Legal Notice No. 176, and the Ex�ution of �udgment Rules of 1952, Legal Notice 176). Once in a wltile, a number ev_ en exists for wh1�h the!e is no Legislation, as in the case of Proclamations No. 7 of 1942, which was never published 10 lhe Ncgarit Gazeta. Sometimes there is a number but no month and day date for the Legislation as in Proclamation No. 162 of 1959 (Fiscal Year Proclamation). Wrong identifica tions may also be found. For example, Decree No. 9 of 1947 dealing with the Administra tion of medicine ,,,as originally and erroneously cited as a Proclamation. Confusion may also arise as to when Legislation becomes effective. Article 22 of the AdminisLration of Justice Proclan1ation of 1942 provided: "W11en any la\V has been enacted by Us it shall be publisl1ed in the Official Gazette of Ethiopia in the Aml1aric and Englisl1 languages, and shall come into force from tl1e date of publication in the Gazette or from any other date � hicl1 may be specified i11 tl1e law." To the extent that the Negarit Gazeta is not published on a regular schedule or periodically, and tl1ere somctin1es is a delay of several months bet1,veen the date of a given issue and the actual day it is distributed to the public, one does not know what exactly is the effeclive date of Legislation. Tl1us, it often happens tl1at wl1en the Negarit Gazeta is JJhysically distributed to tl1e public, a reading of the last article of the Legislation promul gated \Vill sho,v tl1at it l1as already been in force for several \Veeks. This may cause extreme I1ardsl1ip as in the case of an importer \Vl10 l1as already sold goods but was not given an OPi)Ortunity to raise his price to account for the J1igher tax he l1imself l1as to pay. Sonic of tl1ese problen1s \vill undoubtedly be resolved if Parliament enacts as the basic source of Ethiopian law a n1ulti-volume completely corrected and revised Consolidation of the La\vs, including an alphabetical and numerical index . . rfhe �ix Codes of EthioI?ia (See For1n 6) \Ver� publisl1ed in separate special or extra ordina11' issues of the Ncga.r1t Gazeta. The following table will give an indication of the �ol �mc of la\ � _\vhich has bee1 � publ}she� in tl1 e_ regular issues_ of the Negarit Gazeta to date. vV11c:� o �e realizes tl1at eac}1 ISs�e IS printed 1n both Amharic an � E �glish, it may be seen _ approximately only 45 pages of new leg1slatJve and administrative tl1at In Ll1e past 2.:i,, years la\v appeared annually.
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Number of Pages 53 113
2nd "rd .:, .
161
4th
88
5th
57
6th 7th 8th 9Lh 10th 11th 12th 13th 14th 15th I 6tl1 17th 18th 19th 20th 21st 22nd
73
72
78 33
74 43 87 186 106 65 78 84 105 98 125 151 203 159
23rd
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FORM 3 CONSTITUTION FORM 3 (A) SOVEREIGN CONSTITUTION REVISED CONSTITUTION OF ETI-llOPIA OF
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1955
CHAPTER V. SECTION ID Tl1e Senate ARTICLE 101 The Senate shall consist of the Senators appointed by the Emperor for six years. ARTICLE 102 The Senate shall be composed of a number of persons, not exceeding one half of the total number of Deputies, to be chosen by the Emperor from amongst those who have, by their acts, secured the confidence and esteem of the people, and from amongst those who have served their country a11d tl1eir government with distinction. ARTICLE 103 To be eligible for appointment as a member of tl1e Senate, a perso11 must be, by birth, an Ethiopian subject who : (a) has reached the age of thirty-five years; (b) is a Prince or other Dignitary, or a fonner high governmental official, or other person generally esteemed for his character, judgment and public services; (c) is not disqualified tinder any provision of the electoral law. ARTICLE 104 The Senators first appointed by the Emperor, as provided in Article 101, shall, immediately after their first meeting, be divided into three equal groups. The Senators of the first group shall be succeeded at the end of the second year by Senators appointed in accordance with the provisions of Article 101, those of the second group, at the end of the fourth year, and those of the third group, at the end of the sixth year, so that one-third be succeeded every second year. I
ARTICLE 105 Senators shall be eligible for re-appointment subject to their continued pos session of the qualifications set forth in Article 103.
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ARTICLE 106 Vacancies in the membersl1ip of the Sen a te shall be filled by appointments i11 the ma.nner provided in Article 101. ARTICLE 107 The President a11d two Vice Presidents of the Senate shall be appointed each year by tl1e E111peror from amo.ngst tl1e Sena tors.
- - FOR:tvl 3 (B) NON-GOVERNMENTAL CONSTITUTION
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LAW STUDENTS' ASSOCIATION CONSTITUTION I-IAILE SELLASSIE
I UNIVERSITY
Adopted April 8, 1964 WE, tl1e stude11ts of the Faculty of Law of the Haile Sellassie I University, in prepa ring 011rselves for a lega.l career, conscious of the need of our country for qualified, trained, experienced and honest la wyers to promote tl1e administra tio11 of true j11stice, create a Law Students' Associa tion based on the following principles: i) Above all tl1ir1gs, we shall search and uphold truth a nd promote j11stice; ii) We sl1all al\A1ays be prepared to give l1elp to our fellown1en, whenever sucl1 he]p is needed; iii) We sl1all devote ourselves to the developinent of legal education and tJ1e protection of rigl1ts of law students; iv) We shall abicle by the laws of the land and tl1e regulations of the Fac11lty of Law and we shall uphold the dignity of tl1e legal profession. ARTICLE I. T11E
ASSOCIATION
Tl1e Associatio11 shall be known as the La w Students' Association. ARTICLE II.
PURPOSE
Tl1e purpose of the Associatio11 sl1a .ll be: I. To broaclen the k11owledge a nd experience of the law stud ent by way . · f o . . e t d ba·e , s 1sc d 11s s1o ns , speecl1es, etc., a11d to create an interest in th gene _ _ e ral p11 bl1c m the law and tl1e legal IJrofession; 2. To !nake the la.ws of tl1 la11d. intelligible to � tl1e public by �way of broad casting ai1d pampllleteer1ng eleme11tary legal education. 3. To create and n1aintain a Law School tra dition· 4. To �stablisl� professional relations betwee n law' studeilts_, lawyers, judges _ a nd JUr1sts 1n general, both n ational and foreign. -6-
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SOVEllEIGN CONSTITUTION
Fo1w 3 (A)
Ill. MEMBERSHIP All full-time students shall be members of the Association; Part-time students may, if they wish, be members of the Association; Graduates of the Fac·ulty of Law may, if tl1ey wish remain to be members of the Association; Lawyers, judges and jurists may be Honorary or Associate members of the Association.
ARTICLE
1. 2. 3.
4.
IV. RrGI-1TS AND DUTIES OF THE MEMBERS OF TI-IE ASSOCIATION All members of the Association 1. Shall have the right to enjoy the privileges and benefits that tl1e Associa tion will give; 2. Shall have the right to participate in all activities of tl1e Association; 3. Shall have the duty to attend all the meetings of the Association when called upon to do so; 4. Shall contribute to the funds of tl1e Association; 5. Shall abide by the rules and regulations of tl1e Association; 6. Shall have the duty to st1pport the activities of the Association; Regular members of the Association only 7. Shall have the right and duty to elect officers and be elected as officers of the Association.
ARITJCLE
ARTICLE V. OFFICES AND OFFICERS OF TI-IE ASSOCIATION 1. There shall be a) A General Assembly consisting of all members of tl1e Association; b) An Executive Office consisting of a Cl1airman, a Vice-Chairma11, a Treasurer and a Secretary. - EDITORIAL NOTE
I
A Constitution is the organic and fundan1ental Ja,v of a nation or state, ,vhich may be written or unwritten, establishing the cl1aracter and conception of its government, creat ing the basic principles to whicl1 its internal life is to be conformed, organizing the govern· ment, regulating, distributing and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign po,vers. On July .16, 1931, a few months after His coronation, Emperor I-Iaile Selassie I granted to the people of Ethiopia the first written Constitution in the I1istory of the 3,000 year old Empire. A quarter of a century later, on November 4, 1955, the silver jubilee anniversary of the coronation, His Imperial Majesty promulgated, wit11 the approval of Parliament, a revised constitution which is in effect today, part of which is reproduced above in Form 3 (A). Specific provision is made therein for the prospective continuation of tl1e established con stitutional monarchy through the incumbent male dynastic line tl1at traces its ancestry to the legendary union of the Ethiopian Queen of Sheba and Biblical King Solomon o[ Jerusalem. The Ethiopian Orthodox failh is the officially established State church. The first Ethiopian Constitution of 1931 v1as taken in part fron1 that of the Japanese Empire of 1889 which in turn was borrowed fron1 the Constitution of 1871 of the German Empjre. The present Ethiopian Revised Constitution of 1955 is a liberal modification of the
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r ETHIOPIAN LEGAL FORMBOOK 1931 docun1ent witl1 tl1e additio11 of many n1 odern concepts s uch as the tl1eory of separa tion of powers, cl1ecks and balances, and a bill of rights guaranteeing such fundam_ental free doms as the right to counsel in criminal cases, due process of Jaw, equal protection o� !-he Jaws, protection against double jeopardy, civil rights and freedom o_ f speech, p r�ss,. r�J1g10_0 and assembly. Cruel a.nd inl1uman punisl1n1ent are abolished. An independent JU.d1c1ary 1s established but there is no express provision for judicial review. The 1955 Constitution creates a bi-cameral Parliament. Members of the upper chamber, or Senate, numbering up to 125, are appointed for 6 year term s by the Emperor and are chosen from among the 11obilit)r, aristocratic families, hierarchy of the Ethiopian Orthodox Church and other prominent personages \.vho are at least 35 years old. M embers of the lower l1ouse, or Chamber of Deputies, numbering 251, are chosen by rurect universal suffer age for 4 year terms and n1 ust be native bor11 Ethiopians at least 25 years of age. The last such election of Deputies was l1eld in July of 1965. Laws enacted by a majority vote of both houses become effective when approved by the Emperor. Amendments to the Constitution req_uire the consent of the Parliament and tl1e Emperor. A Constitutio11 may also be the basic document which governs the activities of a.n informal Ass-ociation as illustrated above in Form 3 (B), the Con s titution of the Law Students' Association of Haile Sellassie I University. These informal Constitutions may also be _retp.ilated by_ �aw. For example, a Labour Union cannot be legally created i n Ethiopia until 1ts Constitution has been approved by the Minister of National Community Develop1ncnt. (Article 21, Proclamation No. 210 of 1963.) For a reso�ution _of the IJroblems whicl1 arise tind er the Ethiopian Constitution when one . Law . conflicts ,v1th an� tl1�r, s_ee the excellent articl e entitled "Hierarchy of Law s" pubhshed 1� I Journal of Eth1op1an Law p. 111 (1965) by the ever scholarly Professor George I(rzecunov11cz.
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FORM 4 LAW FORM 4 (A) IMPERIAL LAW ETHIOPIAN NATIONALITY LAW OF 1930 NATIONALITY OF CHILDREN BORN OF ETfIIOPIAN SUBJECTS
IN ETl-IIOPIA OR ABROAD
1. Any person born in Ethiopia or abroad, whose father or motl1er is Etl1iopian is an Ethiopian subject. NATIONALITY IN CASE OF MARRIAGE BETWEEN ETI-I10PIANS AND FOREIGNERS
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2. A lawful marriage of an Ethiopian subject with a foreig11 woman confers the Ethiopian nationality upon her. 3. Lawful marriages in this case are as follows : (a) A marriage contracted in Etl1iopia of an Ethiopian with a foreign woman, in accordance with the fom1 of an Ethiopian civil n1arriage, creating between wife and husband a community of goods. (b) A marriage contracted abroad of an Ethiopian subject with a foreig11 \Voman, in accordance witl1 tl1e law and the fo1ms of the place wl1ere the marriage is co11tracted . 4. A lawful marriage contracted abroad of a11 Ethiopian woman with a foreigner deprives her of tl1e Ethiopia11 nationality if ]1er n1arriage with the foreigner gives her the nationaljty of her husband; otherwise sl1e keeps l1er Etl1iopia11 11atio11ality. In case when the woman, losing l1er Etl1iopian nationality, is the proprietor of real estate the administration of l1er property sl1all be settled in conformity ,vitl1 the law given to that effect by tl1e I1nperial Ethiopian Govern1nent. 5 Lawful marriages in this case are as follows: (a) A marriage contracted in Ethiopia of ar1 Ethiopian worna11 with a foreigner before the consular autl1orities of the husband. (b) A marriage, contracted abroad, of an Ethiopian woman with a foreigne1in accordance with the national law of the husband and witl1 the legal forms of the place where the marriage is contracted. NATIONALITY OF CI-IILDRBN OF A MARRIAGE BETWEEN ETI-IIOPIAN AND FOREIGN SUBJECTS
6. Every child born in a lawful mixed marriage, as provided for in the preceding articles, follows the nationality of its father. A child born of an Ethiopian father and a foreign mother united by the bonds of a lawful marriage should, however, prove before the Ethiopian Author ities that he does not belong to the original nationality of his mother, if requested to do so. -9-
ETI-IIOPIAN LEGAl, FORMBOOK
7. A chlld born in. lawful marriage of an. Etl1iopian mother wit? a forei?ner _is ·always able to recover tl1e benefit of Et11iopian nationality, pro�1ded_ he lives m Ethiopia and proves l1e is completely divested of the paternal nat1onal1ty.
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NATIONALITY OF CI-llLDREN LEGITIMATED BY LAWFUL MARRIAGE BETWEEN ETI·IJOPIAL� AND FOREIGN SUBJECTS
8. If the lawful rnarrjaoe according to the national law of the foreign father is posterior to tl1e birtl1 of tlie child issued from l1is relations with an Ethiopian woman, the cl1 ild legiti1nated throt1gl1 tl1is subseq·uent 111arriage follo\vs the nation ality of bis forejgn fatl1er on ly on co11 dition that tl1e national law of the latter confers upo11 l1in1 tl1e foreign nationality with all inl1 ering rights. Otherwise the cl1 ild preserves l1is Etl1iopia11 na.tionality. NATIONA.LITY OF CI-IILDREN LEGITIMATED WITI-IOUT SUBSEQUENT lvlt\.RRIAGE OF FOREIGN FATI·IER WITI-I MOTI·IER BEING ETI-IJOPIAN SUBJECT
Tl1e legitunation, witl1011t s11bsequent lavvf11l marriage between the foreign fatl1er :incl tl1e Etl1iopia11 1not]1er, of t11e child issued from the relation outside n1arriage c]eprives the cl1ild of l1is Etl1iopia11 nationality only if the legitimation, inade i11 accordance with the fo1111s of law of the foreign father, confers upon the cl1ild tl1us legitirn�1ted tl1e nationality of l1is fatl1er with all inhering rights.
9.
NATIONAl..IT'Y OF E1·I·lIOPIAN CI-IILD ADOPTED BY A FOREIGNER
Tl1e acloJ?tion �f a11 Ethio1Jian child by a man or woman of foreign nationa lity, tl1e adopt10.n.be111g n1 ade in accordance witl1 tl1e forms of law of tl1e adopting person, does not imply a.11y cl1ange of the adopted child's original nationality. l_O.
Loss 11.
OF ETlIIOPIAN NATIONALITY
Loss of Ethiopian nationality: (a) Eth�op�an subject wl10 acquires another nationality (b) Etl1 1op1a11 wo1nan throt1gh n1arriage with a foreigner. NATURALISATION
Every foreigner fulfilling tl1e followi11g conditions : (a) Of full age according to the regulations of the national law ' (b) Resident in Ethiopia for at least five years, (c) Able to earn l1is livi11g, to provide for himself and his fami l (d) K11owi11g Anlharic language perfectly , speaking and wr1·t·1n g �· 1t flu e. ntly . . ' (e) Proving that l1e l1as not previously bee11 condemned to an y pu · n1sh.· llle or break of co1nn1 011 law me. nt for· Cii n 1ay obtain tl1e Ethiopian nationality. 13. The application for naturalisation s ha· 11 be made by the interested person to t11e Ministry of Foreig11 Affairs. I 2.
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IMPERIAL LA
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FORM 4
(A)
To this application shall be attached the foreigner's identity papers together with a certificate of impunity. 14. A s_pecial Government commission con1prising tl1e Minister of Interior the Minister of . Foreign Affairs and anotl1er ignitary of the Empire sl1all exa�ine ]? _ _ _ _ and after l1avi11g l1eard the applicant �he appl1cat1on, proceed to necessary 1nq_111r1es 1n person approve or refuse tl1e natural1sat1on. The naturalisation shall b � conferred by decree and tl1e new Ethiopian s11b. 5 !1ect shall take an oath of alleg1a11ce to the En1pi.re before the com1nission. 1�. The naturalis�tion tl111s conferred does not extend its effects to the legitimate wife of the naturalised man, unles she applies personally for this be11efit. RE-ADMISSION TO ETI·IIOPIAN NATIONALITY
17. Original Ethiopian s11bjects having acquired a foreign natio11ality may always obtain the benefit of Ethiopia11 Nationality when they return to reside in t]1e country and apply to the Imperial Gover11.n1ent for re-admission. 18. An Etl1iopian won1an l1aving lost l1er Etl1iopia11 nationality t.l1ro1.1gh her marriage ,vith a foreigner may resu.me it after the dissol11tion of tl1is marriage by reason of divorce, separation or the death of l1er l1usband, if sl1e rct11r11s to domicile i n Ethiopia and applies to tl1e Etl1iopian Gover111nent for re-ad111ission to her original Ethiopian nationality. T11e present law abrogates every law previously pro111t1lgated on this st1bject. Done at Addis Ababa tl1is 22nd day of July, 1930 (15th of flan1le 1922) EDITORIAL NOTE Tl1e term Imperial Lav; as used herein may refer: to any exercise of the absolute legal power exercised by the Emperor prior to the promulgation of tl1e first Constilution in 1931. including those la\VS that have survivecl and are in effect today sucl1 as the excerpt pre ·sented in Form 4 (A) which is discussed by Professor Robert Sedler in Volume II, Journal of Ethiopian Law at· page 161 (1965); to tl1ose law-n1aking p o,vers of the Emperor so specifically identified, as in Article 130 of the Revised Constit1.1lion of 1955; or to th.ose residual powers retained by the Emperor as distinguished fron1 tl1e other Forms of Jav1 '\.Vhich are the basis of tl1e present text. One of tl1e most striking prerogatives of I-Iis Imperial :t\1ajesty in this respect is kno,vn as Chilot. \.Vhich is unique to Ethiopia. It can best be described as a supren1e "Supren1e Court". Chilot, presided· over by tl1e E�1peror, �as bo_th original an� appellate jurisdicti_ on. Jt is founded upon the uniqt1e role of His Imperial Ma1esty as the ult.1n1ate source of Justice. An excellent discussion on the constitutional basis of Chilot ,vith a detailed descripti on ,of its l1istorical origin and modern operation 1nay be found in Professor Robert Sedler's article in Volume 8, Journal of African La\v, at page 59 (1964). A Mazeja or "written order" is issued by the �1inister of Pen (o� l1is Depu_ty) at the com.mand or with the approval of the Emperor acting pursuant to I-Iis prer ogative po,ver under Article 26 of the Constitt1tion. An exan1ple of a :t\1azeja ,vould be the Internal Regula tions of the Ministry of Interior of 1941. Mazejas are not published in tl1e Negarit Gazeta. Historically, Imperial Laws were originally pron1ulgated through public statements and circular letters issued by the Tsel1afe Taezaz (\.vriter of the In1perial Orders and Keeper of the Imperial Seal) in consultation with other pron1inent officials of the Imperial Court. (The Tsehafe Taezaz bas a modern counterpart in the Minister of Pen.) Imperial La\.vs were then published in the weekly semi-official newspaper Berhanena Selan1, in Amharic and French, which was fou.nded in 1923, until the institutio11 of tl1e official Negarit Gazeta, in Amharic a,nd English, which took over this function in 1942. See Form 2.
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FORM 4(8) GOl-1DEN EDICT SEVEN POINT DECLARATION TO THE PEOPLE OF BALE Marcl1 9, 1964 Bale, Ethiopia l. Transportation is of prime importance for the develop�ent of � region. On realization of tl1is principle and in purs11ance of the explanation furrus�ed Us by the Deputy Governor General, We have order� d tl1e road C<?nst� uct1on to continue to the capital of the Governorate-GeneraJ 1nstead of making 1t a short route and stopping it at Adaba. 2. In order to enst1re better heallh facilities for the people of this area, We have ordered tl1e establishment, as soon as possible, of a new hospital to serve tl1e area. 3. \Ve have ordered that the mo11ey to be rajsed from educational taxes be used for p t1rposes of school construction in accordance with findings of studies to be made by a board. Stt1dies have been 111ade by experts concerning supplying water to Dre S.l1eh Hussein vici11ity. In accordance with tl1ese studies We have ordered that tl1e results of tl1ese stt1dies be implemented. A p11blic clinjc is also to be built in the area. Vi/e l1ave also ordered tl1at the title deeds of 225 gash.as of land be bestov.1ed upon the people. -4.
5. Cl1iefs of Bale will, in d11e co11rse, be i11formed of the new arrangements to be n1ade co11cerning la11d tenure. 6. ft�11 arrears of land taxes from 1951 to 1961 inclusive are be used for �oad co11strt1ctio� pu.rposes. But land taxes from 1962 onwards are to be pa.id 1n accordance \V1th tl1e 11ew assessment of la11d tax. 7. Those people "Yl10, for failure to J?ay tl1eir la11d taxes during tl1e period 1951- !961, h�d lost tl1e1r la11d, are to be given back tl1eir land provided that the land 111 CJ t1est1on has not been taken by tl1e Government or given to individuals. EDITORIAL NOTE
A Golden Edict i � a spe �ifi � !orm o f tl1e exe rcise o f Impe rial Prerogative in which the · · Emperor grant. s benefits to 1nd1v1dt1als (sucl1 as amnesty o r a tpar . d on to a 7r1m1na) l or i relief t o a large gr oup (such as postponement . o f taxes or the c rea on o f a hosp1tal). . . It 1s usually issued on the occasion of a trip by the Emp ror to � _ a part _o! the Empire. The sample reproduced above was issued wli en I-I' e�:� M aJesty v1s1ted Bal e on � �� r a ch E 9, 1964, as reported in the thiopian Hera ld 1 M . (A to A berra Je111bere)
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FORM 4(C) IMPERIAL PRONOUNCEMENT MINISTERIAL RESPONSIBILITY APRIL 14, 1961 We ask you today, you minjsters and officials of the Imperial Ethiopian Government, to cast yourselves back in time to tl1at day, over 30 years ago, ,vl1en the crown of the Empire of Ethiopia was placed llpon Our l1ead and We assun1ed the sacred duty of guiding Ot1r beloved country along the path of progress and enlightenment and of an1algamating Ethiopia's traditions and customs with the demands of the modem world. Wl1at was Ethiopia at that tin1e? A col1ntry still 1 �r¥�ly �solated from tl1e ?utside world in spite of her glorious past and ancie11t c1yil1sat1on, a country subJected to colonialist and imperialist presslires, a country without a modem system of governn1ent, a country without sig1Tificant external trade. For the moment, compare wl1at existed tbe11 with what exists today, a11 d you wjlJ find that tl1e achieveme11ts themselves bear ,vitness to tl1e changes that J1ave occurred during these years. Ask yourselves, tl1en, l1ow l1a,1e these cha11ges occurred? What problems l1ave they brot1gl1 t with them.? How can we deal \Vit11 the problen1s of 1961, what measures rnt1st be taken to meet and cope vvith t11c1n? It is axiomatjc that development i11 a11y country must p _ roceed sin1 ulta11eous]y in all areas of jts life. As a country adva11ces eco11omically, equivalent progress must be made in the creation of n1ore higl1ly developed social a11d political instil11tions as well. Any attempt to retard advance1nent in any single area will i11evitc1biy retard the development of the wl1ole, a11d will create serious distortions i11 the overall fa.bric of the nation. T11is principle We have al\-vays recognised, ;:1nd i11 Our actions We have been guided by it. The emphasis which \Ve l1ave givei1 to education in Our country has stemmed fron1 Our deter1ninatio11 to eli111inate ignora.nce and to prepare Our people for the changes whicl1 Etl1iopia's emerge11ce. into the modem world would bri11g upon tl1en1.
Change begets C/1ar1ge It is also axiomatic that change begets change, tha.t each ste_p for\vard leads logically and inexorably to the next, and tl1e next. 01Jce 11nleashed, the forces of history cannot be contained or restrained, and he is naive indeed wl10 says ''tl1 us far will I go and no farther." This principle, too, We have recog11ised and followed. Ethiopia, for long centuries, remained isolated in l1er n1ountain fastnesses fro1n th.e outside world. Emerging from this jsolation at the i1 eight of the colonialist struggle for power in Africa, the task whicl1 has faced this nation in preserving its independence and i,n overcoming the difficulties posed by the transition from the ancient to the modern have been multiplied 1nanyfold. While We led Ethiopia,s struggle for the preservation of her liberty, We at tl1e same tin1e have assumed as Our primary task the education and training in public service of those We have called upon for assistance in the administration of Ol1r Government. In Our labours to gain these twin objectives, We have had, in addition, to struggle against - 13 -
ETl-IIOPlAN LEGAL FoRMBOOK e outmoded . J?1e tl1 d n a t en ci an e th to ng cli tl1e objeclioi1 s o[ those who . ti r re en Ou at th ow kn s, ou Iab e s the 1n fro ed fit rie : Etl1iopian people, wl1 o have be ese end s, a�d W e th e ev 11 l ac to gle ug str ss ele as ce e 1 . life l1as been sacrificed to tl n for tio ec aff eir th nd a e ud tit gra r i the ted tra ns ino de ply believe t11at tJ1ey• have arn Us. etching fro m 1917 to str tl1 pa 1 1g 10 tl1e led vel tra ia 1 iop l s Et l1a n, I-Iov1, tl1;:: 1961? 1ich W e envisaged wl t 1en pn eve d of me n1 gra � pro the t � In 1930, recognisi1 1g tl1a n e stor s, a r ou of tem sys cal l1t1 po the 1n fro e r rtu � epa l d ica ra d 1 a d t 1 ia ire for Etl iop req We gave to Our l)eople Etl1 iopia's first Co11stitution, of Our ow n free WI�, an� against tl1 e strenuot1s objectio11 of many who were cl?se t? Us an � "':'h� did not l1 esitate to sl1 ed blood i 11 opposing tl1is step. For the first tim e, Etluop1a s govem1 1ne11t acquired a crystallised a11d defi11ed for n1. As has been stated b) Us when \Ve gave tl1e first Co11stitutio11, tl1at ''tl1e Ethiopian people n1ust share the b�rden of responsibility \>vl1icl 1 in tl1e past was borne by tl1eir monarchs," by this act We s011gl1 t to disperse responsibility a11d a11tl1ority an1ong Ot1r people, that th_ey 111igl1t exercise it, togetl 1er with Ot1rself, in secttring tl1e ad vancen1 e11t and the unity of tl1e Etl1i<.1pian nat.ioi1 . In tl 1is n1anner We sought to lay the groundwork for ll1e orclerly a11 d 1 1att1ral growtl1 of tl1ose political and social instit11tions which are esse11tial to tl1e developn 1e11 t of a dyna1nic yet stable society.
wot1 ld
Voli111tary Refor111s Our pla11s were abruptly l1alted by the invasion of 1935, but, following Etl1iopia's liberatio11, We resun1ed Ot1r work a nd carried it yet ft1rther. In 1943, V./e ca,11sed to be p11blisl1 ed Order No. 1, whicl1 defi11 ed tl1 e d uties and respon sibilities of tl1 e Mi 11isters of Our Government and vested tl1 e1n witl1 all power s reqt1isite to dischargi11g tl1en1 . At tlus same time, We promulgated a law wllich providecl for tl1e creation of an organised systen1 of courts where Our subjects 1nigl1t go to seek redress for wro11gs done to then1 and enforce the rights whicl1 tl1e laws a11cl the Constitution guaranteed to them. Tl1ese steps, agai n, We took voluntaril)1-not i1 1 respo11se to a11y demand or pressure, but in full recog11ition of tl1e IJrinciples of life wl1 icl1 \Ve e11unciated but a moment ago a11 d out of Our desire to facilitate a11d stin1ulate tl1 e ft1rtl1er progress of Our nation, i n fulfilment of tl1e solem11 vow wl1icl1 We took to Our people wl1en \Ve ascended the tl1rone of Our E111 pire. As a co1�1pl�m�11t to these measures, \'\Te created. by specia l charter a nu.mber auto1101no _ _t1s _ 1n�l1ti1ti _ ons possessed of full power to act i n t11e domains give n ov er l� !l1e1r 1ur1sd1ct1on: tl1e Sla !e �artlc of Et l1iopia, the Developme nt Bank of _ _ Eth1op1a, tl1e E�l110 1) 1an Electr1� �1ght and Power Autl1ority, the Imperial Board of Te l�� omn1u11icat1011s of Etl1iop1a, Etl1iopia11 Air Li1 1es, tl1 e Im per ial Highway A�t� o1 1 t�-tl1ese a11d m �ny otl1ers W e charged with tl1e res ponsibility of s ecuring _ Ethiopia s adva11ceme1 1t 1n tl1e areas co.nfided to their ca re . A� Otir Empire grew and flourisl1 ed, it became appare11t th ·. at the Constitu �1011 o� 1930 no lo�g �r resp�ncled ade9-ua!ely to the nee ds of Our people. Accord ing!�, in 1955, ag�1n 111 �_ l1e fac� of ob1ect1ons and opposit ion, W e promulgated the _ Revised Const1,tutron w1tl1 . which you are all fanu·1 1·ar · · In ·t d e · . 1 , p r ov1s1on was ma · . . . . for our people to �n10.)1 dire ct representation a11d participation in the business of . goven1111ent. Tl1e d1v1s1on of power am · ong Us, our Min1st · IY · ers acti·ng coll ective -14-
IMPERIAL PRONOUNCEMENT
FoRM 4 (C)
�d . in?ividually, and Our Parlia ment, was solidified and acquired per111anent mst1 t �t1onal form. Sl1bseque�tly, We c a11sed to be prepared a seri es of legal codes cover_ 1ng all aspects of t�e !1ves of �ur citizens a nd setti11g fortl1, in a precise yet d�tailed ma .nner , the pr1nc1ple s wh �ch we re to g1.1ide tl1e1 11 i11 tl1eir relationships. _ W]th oth�rs a11d with the State. A �d 1n order tl1at the growth of Ethiopia's eco11omy p�oceed 1 n a pla nne? and co-or �1nated fasl1io11. We ord ered the preparation of a F1 ve Year Plan which w as des1gnecl to provide tl1e overall patter1 1 whicl1 Ot1r natio n's development was to follow. V\'e have obtained loa11s and credits fron1 friend!y coun tries to help us in fi na11ci1 1g tl1e projects to be completed vvit1 1i1 1 the F1ve Yea r Plan a ncl We are confid e11t of tl1e results of tl1is e11deavot1r.
Decisio11s A \1oidecl In all that We did, We believed tl 1at \Ve are taking tl1ose n1east1res esse11tial to Ethiopia's development. As progran11nes became more numerot1s and techoica]Jy more comple x, as the nation's budget increased from Eth.$11 millio11 in 1942 to Eth.$279 million in 1960, it b ecame esse11tial tl1at tl1e decisio11-n1 aking functio11s be increasingly d ispers ed an1 o ng th e respo 1 1sible officia]s of the Gover1m1e11t. \,Vl10,. today, can be a n exper t in all fields? Wh o, today, ca11 single -ha11ciedly take all the decisions nec essary to the adrninistration of a Govern1nent's progra1111nes? These questions r equire no answer. But W e kno\v tl1 at man's desires rarely attai1 1 full a.chieven1e1 1t or IJerfectio1 1. And so i t was l 1ere. What more was requir ed to create a syste111 of trt1ly respo11sible government? Wl1 at was ye t lacking? T1 1e i11slitt1tio11al fra1nevvork: existecl. guaranteed to eacl 1 ele111e11t i11 tl1is struclt1re its proper A moder n Co nstitution : duties and the a11thority and tl1e right to fulfil its tasks. Our Mi 11 isters \Vere vestecl with attributions n o less substa11tial tl1an tl1ose give1 1 to Mi 11isters in a11)1 1 1alion of the world, irrespec tive of political colot1ration or orientatio11. Ot1r Pa.rlia1ne11t was given powers to legislate comparable to tl1os e granted i11 atl)' parlian1entary system o f government. The le gal fran1 eworlc gover11ing tl1e deali11gs of the Etl1io pian pe ople vvith each other and with tl1e State l1ad been. fully arti.ct1lated. You all re alise tha t it is necessary to l1ave a sufficient nun1 ber of 111en who would courag eously a nd l 1onestly accept respo11sibility and act 11nder it, a11d, not co unting tl1e cost, discharge tl1e i r d uti es to tl1e Etl1iopian 11ation. We have alwa ys held Ourself at tl1 e disposal of Our JJe o1Jle a11d Our Mini st ers. And so Our Minjsters c a n1e t o Us with tl1eir probie1ns a11d questions. Always We saicl: ''But the powe r l1a s been give n to )'Oll to do tlus yot1rself." Fr ec1uently, Our words. went unheeded. Re sp o nsibili ty was shirked, dec isions \Vere avoided and tl1rust back upon Us. As a re sult, some p rogran1 mes ren1 ained lID e mpl ement ed, and other ques ti o ns of major import ance were left t1nans\ve re d. The Gove r11ment has bee n ov er whelmed and b enumbe d by details. Among those wl10 stand before Us, n1any h ave devo ted yea rs of se rvice to t he Imp e rial Etl1iopian Governm e nt. Yot1 know the truth of what We say.
Respo11sibility to People Today, We say to you, n o longer shall it be th� s._ �o longer sl1all you s� 1irk your d uties. No longer sha ]J We accept yo11r respons 1b1l 1t1es, :w11en We hav e given the p ower to y o u. This power shall not be abused for self1sl1 and for personal -15-
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ETI-IIOPIAN LEGAL FoRMBOOK
l I I
e e xercised fo r th e benefit of b to st tru ed cr sa a as en mv o· 1 ee1 l s b e11ds v-1l1en 1·t 1a the Ethiopian people and 11atio11. . . ter n1s d m1 an ad ts en rtm pa De d an ies str ini M ur yo ·n l rk Wo ll · · Hencef·orth , you sha . , 1on d an tut st1 C on e th th wi ce an rd co ac n · ar 1 Ye , ch c. Ea . e re your progra.mmes th • een a d opted, you b s ha ich wh n Pla ar Ye e Fiv the of rk wo me fra \Vithin tl1e broad the program�. e en Wh s. nth mo 12 ing com the for 1eS nlll gra pro r e you shall prepar I1as been approved by Our Council of Minis!ers and by Us, you sha ll wo rk rn accorda11ce with it. If yo11 plan and execute 1t well, you sha ll be congratulated. If you prove )'Ourself incapable or incompetent, you shall be removed and re placed by a11other. If 1najor policy questions aris� W e a_r� always �ere. If yo_u encounter difficulties, We l1ave appointed Our Pr1n1e Minister to aid you. H 1s primary fu11ction is to co-ordinate work am?�g the Ministri_es and see_ that �e execution of Government programmes is facilitated. If questions �f P ?l1cy ar1_se, r1e, too, is directed to bri11g the111 to Us. If amendments in the a ttr1but1ons which l1ave been given to you are required, these sl1all be forthcoming. Your progra1n111es a11d your in1plen1entation of them will be s �bj�ct to free and open con1m.ents. ''In tl1e 11ltimate sense, it is to tl1e people of Eth.1op1a that you are respo11si.ble, and it is to tl1em tl1at you n1ust answer for your stewardship.'' T11at is· why you are constitutionally responsible to Us and to Parliament. During Our lifetin1e, We l1ave unfaili11gly do11e what We l1ave felt, b efore Almighty God, to be Our clt1ty to Ottr people a11d Our nation, no matter what the cost to Ourself. YOli n1t1st do lik :ewise.
I I
I
I
I
Tr11st Entails Sc1crifice
l
T11rot1gl1out tl1e long years of Our ceasel ess efforts to achieve t he advance111ent and ,,vell-bei11g of Our nation, We l1ave always anticipated that the stage would be reacl1ed at \Vhicl1 Our n1inisters and officials, whom We have trained by edt1catio11 and tl1ro11gh 1011g years of service in government administration, could, once- tl1eir duties and tasks are defined, assume by themselves full respons ibility and discl1arge it properly, thus pennitting Us to devote n1ore of Our time to major political decisions and 111atters of utmost importance to the fu ture of Ethiopia wl1icl1 necessitate Our att ention. We are persuaded that this stage has now been reached, and you must realise tha� the trust given to yo11 ent�ils a sacrifice on your part, tl1at you may be worthy of . it. You �l1ould be ever n1111dful tl1at the s11pren1e test of your worthiness of this trust will be ma�.1fested not only by tl1e confidence We ha ve repose i n you, d _ b �t also by your ach1eve111ents 1n the implen1entation of the progran1m W have e es laid down for tl1e welfare of tl1e Etl1iopian people. Your office sh�ll be w�ere you belong. Technical experts an d advis ors have _ been . provided to �1d you 1� your work. Your Departments and Mini stries can function well only 1£ tl1� cl101ce of y�ur staff is dictated, not b y ties of friendship . and personal relationship, ?�t. by ev1�enc e of con1petenc e an d ability. You shall work on your own respons1b1l1ty, making your ow n mistak es, achieving your own successes. We shall reserve for each of you a certain pe riod each week when We shall ask_ �ou t? report on the progress you have m ade in your programmes and _ on the ?1ff1cult1es wh1c? _you have encountered. But time shall no t be used to ask or obtain from Us dec1s1ons which are rightfully yours to make.
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I
IMPERIAL PRONOUNCEMENT
FORM
4(C)
Urgen.cy of Problems Ethiopians are proud of the 3,000 years of their recorded history, as well they may be. 'vVe are proud of what has been achieved during Our regime, and We thank God for it. We are content to let History jt1dge the wisdom of Our actions. But while we cannot escape the conscious11ess of each day's immediacy and the urgency of the problems which each day presents, we must none-the-less be ever mindful that just as our nation's history stretches far back in time, so does an unlimited future lie before tls, especially in this nuclear and space era. We must all act and take our decisions mindful of tl1e far-reaclring implications and consequences of each of them. What We l1ave said to you today, We lcno\V, carries with it implications for generatio11 t1pon ge11eratio11 of f11tt1re Etl1iopians. We are persuaded that what We l1ave sajd will, in tl1e long term, redound to the everlasting benefit of tl1ose who will follow us. Man is n1ortal; each one of us here will, one day, face his maker and answer for bis actio11s. Tl1ose of us whom the grave responsibilities of governing have been given bear a heavy burden before their people and before Aln1igl1ty God for the proper discl1arge of their duties. Let us all labour i n this sense, that tl1e people of Ethlopia n1ay ever live in l1appiness and prosperity. EDITORIAL NOTE The Emperor traditionally and currently enjoys a n1ost po:werful P? Sition _in the Ethio pian governmental structure_. Quite naturally, stat� n1ents by Ilis - _ In1per1al Jv1aJc$ty, \Vhether his annual messaoe to Parl1a1nent on the convening of the Leg1slat11rc or a speech to_ an international orga�ization, carry great weight and legal si¥nificance. F_or lack of a rccogn1zed and accepted term, they are gei1erally referred to l1ere1n as In1per1al �ronouncen:ients, as illustrated by the example in Form _ 4 (C) above,_ w�1icl1 is_ t!1e full Enghsl1 transl�t1_ 011 of a talk delivered by His Imperial :i\1aJesty to Etl11op1an M1n1sters, go,,ernn1en.t off1c1al� � nd distinguished guests, on April 14, 1961, as reported in Volun1e V, No. 2, of the Etluop1an Observer.
� · 17 ....
FORM 4(D) .MILITARY LA \V (Proclamation No. 68 of 1944)
A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT AND GOVERNMENT OF A FORCE STYLED THE IMPERIAL ARMY CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, E1'1PEROR 01:;- ETHIOPIA WE PROCLAIM AS FOLLOWS: I.
Tl1is Proclan1ation 111ay be cited as the In1perial Arn1y Proclamation,
2.
111 tl1is Proclan1atio11, 1111less tl1e co11text otherwise requires: "Con1ma11ding Officer'' mea11s tl1e officer in command of a battalion, and i11 relatio11 to a11y officer or soldier means tl1e officer i11 comn1and of the battalion to wl1icl1 s11cl1 officer or soldier belongs; "Enem)'" i11cl11des all armecl 1nutineers, arn1ed rebels and a.rmed rioters; "I111priso11me11t'' 1nea11s in1priso11ment with bard labour 11nless the court i.Inr>osi11g s11cl1 in1prisonn1ent otl1erwise orders; "Officer" means an officer con1n1issio11ed by His In1perial Majesty or ai1 officer seconded from the British Am1y; "Soldier" does 11ot i11clude an officer b11t otherwise i11cludes every person s11bject to this Proclan1atio11; "Person'' n1ea11s an officer or soldier subject to military law, a11d nothing in this Proclan1atio11 sl1all affect a civilian unless tl1e contrary is s1Jecifical ly stated.
1944.
PART I. - CONSTITUTION AND DUTIES 3: (i) T�ere sl1all be establisl1ed and 111ai11tained in Our En1pire one or mo re battalions of 1nfa11try a11d st1ch otl1er troops as 1nay fro1n time to tim e be decided. (ii) Tl1e an11y sl1all be cl1arged ,vitl1 tl1e defe11ce of Our En1pi . re and the ma111te11a11ce of good orcler. PART II. - DISCIPLINE CRIMES AND PUNISHMENTS Offe11ces ;,1, respect of M;f;tar)' Se,·vices
I !
4. �ny person wl10 con1.111its any of tl1e following offences, that is to say: (1) shamef �lly aba11don � or delivers up any garrison, place, post or guard or uses any means to compel or mduce any Governor, commanding officer or other - 18 - -
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MILITARY LAW
FORM
4 (D)
person shamefully to abandon or d.eliver up any garrison, place, post or guard which it was the duty of such Governor, officer or perso11 to defend; (ii) shamefully casts away his arms, ammu11ition or tools i11 tl1e presence of the enemy; (iii) treacherously holds correspondence with or gives i11telligence to the enemy, or treacherously or throt1gh cowardice se11cls a flag of truce to tl1e enemy; (iv) assists the enen1y with ar1ns, amn1u11itio11 or supplies, or knowingly harbours or protects an e11emy 11ot bei11g a priso11er; (v) having been macle a prisoner of \var, ,,01u11tarily serves witl1 or voluntarily aids the enemy; (vi) knowingly does wl1en 011 active service any act calct1lated to imperil the success of Our forces or any part thereof; (vii) while on active service treachero11sly makes known tl1e parole, watch word or countersigi1 to any one not entitlecl to receive it, or treacherously gives a parole, watchword or cotrntersign different from that wl1icl1 he received; is guilty of an offence a11d shall be sente11ced to death. 5. Any person who on active service: (i) without orders from his superior officer leaves the ra11k:s in order to secure prisoners or horses, or on pretence of taki11g wot1nded n1en to the rear; (ii) without orders fron1 l1is superior officer wilfully destroys or da111ages any property; (iii) is taken priso11er, by want of d11e precat1tion, or through disobedience of orders, or wilful neglect of d11ty, or }1avi11g been taken priso11er fails to rejoi11 our service when able to rejoin the san1e; (iv) without due authority eitl1er I1olds correspondence witl1, or gives intelligence to, or sends a flag of truce to tl1e enen1y; (v) by word of mouth, or i11 writi11g, or by sig11als, or otl1erwise, spreads reports calculated to create un11ecessary ala1111 or desponde11cy; (vi) in action, or previot1sly to goi11g into actio11, uses \Vords calculatecl to create alarm or despondency; (vii) misbehaves or induces others to 111isbel1ave before tl1e enemy in sucl1 a manner as to show cowardice; is guilty of a.n offence. (1) Any person who: (i) leaves his commanding officer, to go i11 search of plttnder; (ii) forces a safeguard; (iii) forces ,or strikes a sentinel; (iv) brea.ks into any house or otl1er place in search of plunder; (v) being a soldier acting as a sentinel, sleeps or is dr11nk at b.is post; (vi) witho11t orders fro.m his superior officer, leaves his g11ard, picket, patrol or post; (vii) by discharging firearms, drawing swords, beating drun1s, making 6.
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ETI-IIOPJAN LEGAL FOR.MBOOK
tly ca en ig oc gl 11e or 11y na io nt te i11 r, ve te ha w ns ea · na1s, 11s11· 10o words, or by any in ,s1g . re·, he w e ls or , Id fi' e e h t m , rch ma e tl1 on n, � tio ac in sions false alarms IS rehe re fo be st po s h1 s ve lea el in nt se a (viii) being a soldier acting as gt1larly relieved; is gt1ilty of an offense. (2) Any perso11 w110 : . . (i) does violence to 811y perso11 bri�gi11g prov�s1�ns or supplies to the forces , wl1ether Our forces or forces co-operat1ng therewith· . . . (ii) irregularly detains or appropriates_ to his ow n u r. ut any _prov1s1?ns or supplies proceeding to a11y st1cl1 forces aforesaid, contrary to orders issued 1n that respect:
is guilty of an offe11ce. l\1UTINY AND INSUBORDINATION 7. A11y perso11 wl10: (i) causes or co11spires with a11y otl1er persons to cause any mutiny or seclitio11 in a11y of Ot1r forces; (ii) endeavot1rs to seduce any person from allegia11ce to Us, or to persuade a11)' perso11 in any of Ot1r forces to join in any mutiny or sedition; (iii) joins in or, being present, does not use his utmost endeavours to st1ppress, any m11ti11y or sedition in any of Our forces; (i,1) k11owing of any actt1al or intended mutiny or sedition i n any such force as aforesaid does not witl1ot1t delay irrfom1 his commanding officer or other st1perior officer of tl1e sa111e; is guilty of a11 offe11ce, and if on active service shall be sentenced to death. - -COURTS-MARTIAL 41. (1) For the purposes of this procla111ation, tl1ere sl1all be two kinds of Courts-martial, that is to say: (a) general cot1rt-martial, (b) district court-1nartial. (2) A ge11eral cot1rt-1nartial sl1aJl be co11ve11ed by the general Officer Com n1andi11g tl1e Army or some officer derivi11g authority to convene a general court� 111artial fro111 tl1e General Officer Commanding the Army. (3) A district cot1rt-111artial sl1all be convened by an officer authorised to conve11e a_ �istrict cot1rt- �1artial or some other officer deriving authority to con vene a d1str1ct cot1rt-mart1al fro1n a.n officer authorised to convene general courts111artial. (4) A general court-martial shall consist of not less than five officers each of whom must l1ave l1eld a cormnission in Ottr service of not less than three years, -20-
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J
MILITARY LAW
F0Ri1r
4 (D)
:illless the officer convening the court-martial is of opinion that five officers are not available, having due regard to the public service, in which case the court martial may consist of three officers, i n which case also tl1e conve1ring officer n1ay preside. (5) A district court-martial sl1all consist of not less than tl1Iee officers, each one of whom must have held a commission in Ot1r service for not less tl1an t\vo years. (6) A general court-martial shall have power to try all persons and to pass sentence of death or such less punishment as in this proclrunatio11 mentioned: Provided that if the cot1rt-martial consists of less tl1an five members, se11tence of death shall not be passed on ,1ny prisoner witl1out the concurrence of all the members. (7) A district court-martial shall not award Lhe pt1nisbment of deatl1 or of imprisonment in excess of two years, but, subject as aforesaid, a11y offence un.der this Proclamation committed by a person n1aj' be tried a11d p1111ished by a district court-martial. - - -
FIELD GENERAL COURTS-MARTIAL 42. (1) Where a complaint is made to any officer in co1nn1and of a11y delacl1ment or portion of troops or to the comma11di11g officer of any corps or portion of a corps on active service or to any officer i n i1nn1ediate com1nand of a body of forces on active service, that an offence has bee11 co111mitteed by any perso11 tl1e11, if in the opinion of such officer it is not practicable that such offence sl1ould be tried by an ordinary general court-martial, it sl1all be lawful for hi1n, althot1gl1 not authorised to convene general cot1rts-martial, to convene a court-n1artial .in this proclamation referred to as a field ge11eral cot1rt-1nartial, for the trial of tl1e perso11 charged with s11ch o¡ffence : Provided as follows : (a) an officer in command of a detachn1ent or portio11 of troops on active service shall not convene a field general court-martial for the trial of any person unless that person is under his command, nor 11nless tl1e offence with which the person is charged is an offence against tl1e property or person of an inhabitant of or resident in the co11ntry in whicl1 tl1e offence is alleged to have been committed; (b) a field general court-martial shall consist of not less than three officers, unless the officer convening the same is of the opinion that three officers are not available having due regard to the public service in which case the court-martial may consist of two officers; (c) the conven:ing officer may preside; but he shall whenever he deems it practicable appoint another officer as president, who may be of any rank, but shall, if practicable in the opinion of tl1e convening officer, be not below the rank of captain; - 21 -
ETI·IIOPIAN LEGAL FoRMBOOK
er fic ree , of th an t s les of s ist � 11s co � l tia ar t-m ur co l era 1 1 ge ld fie a (d) \vhere allowed by this 1s as t en h1n njs pu ld fie 1 ch s1 d cee ex t no all sh ce ten the sen proclamation, or imprisonment. c le (9) thereof, ti A bsu pt ce ex n, tio na la1 oc Pr is 1 tl of � 41 (2) Notrung i n Article p assed e t b no ath de of ce en 1 se1 bu ial art -n1 urt co al � 1er � shall apply to a field ge1 ncurrence of all co e 1 tl ut ho wit ial art rt-m cou l era gen l d fie a 011 any prisoner by ll1e 1ne1nbers. (3) A field general court-martial 1nay, not,vithstandin_g the r� s�rictio11s en�ct�d by this procla1nation i11 respect of any trial by court-1nar_t1al of civil offence w1th1n tl1e 1neari.ing of tl1is Proclamatio11 try any person who 1s u11der t� e com-?'1 and ?f tl1e conve11i11g officer, ancl is charged with a11y such offence as 1s mentioned 1n this Article, and may award for st1cl1 offe11ce any sentence which a general courtmartial js coin pe'.ent to award for such offence; Provided always, tl1at 110 se11te11ce of a11y such court-martial sl1all be cxect1led 1111til co11firn1ed as providecl by tl1is Procla1nation. 4-3. (1) The following autl1orities sl1all l1ave power to confirm the findings a11d sc11te11ces of cot1rt-1nartial, that is to say: (a) in the case of district cot1rt-n1artial, tl1e officer having autl1ority to co11vene s11cl1 a court-martial at the date of the submission of the find ing a. nd sente11ce thereof: Provided that, in tl1e case of a sentence of i1nprison111ent being p assed, the period of imprisonme11t does not exceed six n1ontl1s; it sl1all be con firn1 ecl by the Ge11eral Officer Commanding tl1e Army, or by son1e officer l1aving autl1ority from l1im to confirn1 the findings an d sente11ces of ge11er al courts-n1artial; Provided furtl1er that tl1e preside11t of a court-martial sl1all not l1ave autl1ority to confirn1 the finding or se11te11ce of that court-n1artial; but sl1all refer the fi11di11g a11d sentence of that court-martial to the General Officer Commanding tl1e Army or to son1e officer having authority from l1in1 to confim1 tl1e fi11di11gs and sentences of cottrts-martial; (b) in the case of a ge11era1 cot1rt-n1artial, tl1e Ge11eral Officer Commanding tl1e Ar1ny or son1e officer deriving autl1ority from l1im to confir1n the fi11di11gs and sentences of general co11rts-n1 artial; (c) in tl1e �ase of a _ fi�ld general court-111 artial, a11 officer l1aving authority to confirm the f111d1ng or se11tence of ge11eral courts-n1artial for the trial of offe11ces i11 tl1e force of whicl1 tl1e detaclu11ent or portio11 of troops 11nder the command of tl1e co11ve1ti.ng officer forms part. (2 � The_ �011firming a_uthority 1?-1ay, when confirming tl1e sentence of any cou�t-1nart1al, 1111t1gate or reIDJt tl1e punishment thereby awarded, or commute su.ch punishrnent fo� any less punis �ent or punishments to which the offender might I1ave been sentenced by the said court-n1artial. (�) Su�j ect to t�e p rovisions of tl1is Proclamatio . . n with respect to the _ finding of acquittal, the f1nd1ng and sentence of a court-m artial shall no t be valid _ except in so far as tl1e san1e may be confirmed by a n authority authorised to conftrm tl1e same. - 22 --
MILITARY LAW
FORM
4(D)
(4) Sentence of death shall not be carried into effect unless in addition to the co1ifirmation otherwise required by this Proclan1atio11, it is approved by Us. (5) When the sentence imposed by a court-martial exceeds six months imprisonment the proceedings of the co11rt sl1 all be forwarded to tl1e General Officer Commanding the Ar1ny. (6) When a se11tence passed by a co11rt-1nartial has been co11fi rm ed, tl1e General Officer Commandi.J1g the Army shall have po\.ver to mitigate or ren1it the punishment thereby awarded, or to comm11te sucl1 pu11isl1 ment for any less punisl1 ments to which the offender might l1ave been sentenced by tl1 e said co11rt-rnartial. - - EDITORIAL NOTE After the end of the Italian occupation in tl1e late 1930's, administration and training of the Ethiopian Army was in the hands of officers and other ranks of the British Arn1y. Proclamation No. 68 of 1944 (the Arn1y Act), was passed at the time tl1e British Command was still in Ethiopia. It establishes the po\vers and jurisdiction of Courts-Martial in Et11iopia. The Navy, under Proclamation No. 136 of 1953, and Air Force, under Order No. 11 of 1953, do not l1ave similar separate laws and at present they follow the Army Act. In general, a Court-Martial is a military court \Vl1icl1 adjudicates cases ,vl1en tl1ere is a violation of military la,v by service me11. Tl1is po,ver is not exclusive to Courts-Martial. Depending upon the nature of lhe offence comn1itted, battalion a11d co1npany co1nmar1ders are also vested with tl1e same right witl1 certain restrictions. Court-Ivlartial, type of offence, degree of punisl1ment and persons subject to n1ilitary la\v, are all de.fined in Proclamation No. 68 of I 944 and t11e Penal Code of 1957. COURT OF .INQUIRY The duty and composition of a Court of Ii1quiry is 11ot ex1Jressly covered by Proclama tion No. 68 of I 944. This actually is not a court. It is an assembly of officers or officers and non-commissioned officers composed of t\.vo or n1ore JJersons directed to collect evidence and required to report ,vith regard to any n1atter referred to tl1em. It is thus a � act-finding body. Any officer in coinmand of a body of troops can order a Cottrt of Inquiry for the purpose mentioned above. Usually a Court of Inquiry is held in the followi11g cases: a) loss of secret documents, b) losses and recoveries of arn1s, c) investigation concerning abse11t prisoners of ,var, d) investigation in cases of absence ,vitl1out lea,1e for more than 21 days, or e) explosion and accidents of an explosive nature. The court \.Vil1 give its opinion to the a_ssembling autl1ori� only if it is ordered to do _ so. Usua.lly the assembling authority would like to have tl1e op1n1on of the court on loss of arms, returned prisoners of war or absent prisoners of war. A Court of Inqttest is a form of Court of Inquiry ,vitl1 a special duty to inquire into the circumstances of unnatural death of individuals. (A to Daniel Zelleke)
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FORM 4(E) W A L L A R E D E F D N ERITREAN A (JUDGMENT) FEDERAL SUPREME ll\1PERIAL COURT Div. 1 At o ZERYHUN MAKONNEN & Others v. THE PUBLIC PROSECUTOR Federal Crimit1al Appeal No. 4 / 53 E.C. PENAL LA\V _ CONSPIRACY - ART.
FOR CONCURRENT OFFENCES
472 P.C. - PARTICIPATION - SE'f\TTENCING
011 apiJeal fron1 the Federal I-Iigl1 Cot1rt appellant claims in� uffi�i� nt evid _ e11ce fo r convictior1 of co 11spiracy on three cou nts of wilful bodily 1n1ury an .d da111ages t o property, a 11d excessive sente11ce. I-fELD: Fecleral I-Iigl1 Court jt1dgment affirmed on the following grounds: 1. E,,icle11ce \Vas sufficient for co11vict io11 and the lower court c?rrectly � eld that a fi 11cli11g o f conspiracy was 011ly pr o per f o r offences committed against Arts. 538 (Gra,,e Wilft1l Injt1ry) and 654 (Aggravated Darnage to Pro perty) as tl1ese are seriot1s offe11ces v1ithi11 tl1e n1eaning of Art. 472. 2. It is inconsisten t witl1 a finding of conspiracy under Art. 472 to hold several of the conspirators as accomplices t o the c ompleted substantive crime; in view of the conspiracy, tl1ey mu st be co -offenders to tl1at crime. 3. In cases sucl1 as tl1is, of concurrent offences, the courts in assessing sen tence sl1ot1ld take ir1to acco unt Arts. 82 and 189 (c) P.C. (Ed. Note: The Federal Supreme Court was established by the Federal Judiciary Proclamation of 1952, Proc. No. 130 / 42. The S upreme Imperial Court was autl1o rjzed to sit as the Federal St1pren1e Court, but when so sitting, it was to be comprised of the Afe11egus, a citizen of Eritrea and a perso11 of proven j udicial experience in another la nd, Proc. No. 135 / 53. It has original jurisdiction in n1atters betwee11 the two go verru11e11ts and in actions against ministers and go vernment officials; its appellate ju ri sdiction lay i11 reviewing decisions of the I-Iigh Cou.rt s ittin g as tl1e Federal I-Iigh Court, and decisions of the highest court of Eritrea wl1ere tl1e case i nvolved tl1e Constitution, Federal Act, international law a11? treaties, :Vl1ere _ the validity of an Eritrean law was drawn into question as being �nconst1tut1 on al, or �here the case involved federal laws designed to ensure the enJoyme11t of hµman rights and fundamental liberties. With the abolition of the federati on, the jurisdiction of tl1e Court 11ecessarily ceased save for cases arising prior to abolition.) Maskara.m 13, 1954 E.C. (September 24, 1962 G.C.); Justices: Afenegus Taddesse Mengesl1a, Dr. W. Buhagiar, Ato Bereket-Ab Habte Sellassie: - This is an appeal from conviction and sentence under a judgment delivered by the -:::-. 24
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ERlTREAN AN'D FEDERAL LAW
FORM
4 (E)
�ederal High Court in Eritrea in its Admiralty Division. The appellants have not filed a full Memorandu.m o� �ppeal and the grounds of appeal must be under stood to be, as regard� conv1ct1on, tl1at there ,vas not st1fficient evidence on whicl1 the C?urt could convict a�d, as regards se11tence, that the sentence awarded by the trial Court was excessive. The charge against the appella11ts co11sisted of the following cot111ts: _ (a) conspiracy to co111mit serious offences against person and property co11trary to Article 472 of tl1e Penal Code·, (b) causing wilf11l bodily injury contrary to Article 538 of tl1e Penal Code; and (c) causing wilful damage to pro1Jerty contrary to Article 653 a11d Article 654 of the Penal Code. �h�s Court has fully examined the record of the Federal High Court a11d _ 1s sat1sf1ed that the Court arri,1ed at tl1e correct fi11dings as to facts. It was sufficiently proved that tl1e four appellants entered together tl1 e store where Ato Amin Mohammed was ,vorking; tl1at tl1e first appellant l1it hirn and caused a fractu.re of the nasal bone; tl1at the three other appella11ts, altl1ougl1 11ot taking an active part i n such assaults, participated by associati11g themselves in the assault. Similarly as regards the assault on Ato Teele Gabrecristos wl10 suf fered slight injuries, that is, several contt1sio11s, tl1e first a11d second appell,1nts took an active part in the assault and tl1e fo11rth appell21n.t associated l1in1self i:n the assault by not directly i11terferi11 g bt1t givi11g moral support. The assa·ult 011 Mr. Ekrtoh resulted in grave bodily l1arn1, that is, a11 injury to the eye; the first appellant was assisted by the other appellants in this assa11lt. Tl1ere is also 110 doubt that the appellants caused damage to IJroperty of tl1e fir111 Veiclelcke Co.; the cost of repairing such damage amounts to between E.$ 250 to E.$ 300, b11t as a result of such damage tl1e work of tl1e fir1n was suspe11ded for lwo days a11ct the dama.ge is calculated to be about E.$ 5,000. As regards tl1 e cl1 arge of con spiracy there is sufficient evidence from whicl1 tl1e Federal I-:Iigh Court co11Id i11 fer that the appellants had plarmed both tl1e assaults and tl1e da1nage to property. The Federal High Court very rightly held tl1at tl1e co11spiracy could only be in respect of he assault on Mr. Ekrtoh (which res111ted in grave bodily i11j11ry p11nish able under Article 538 of the Penal Code) and in respect of damage to property punishable under Article 654 of the Penal Code, these being th� serious _offe11ces within the meaning of Article 472 of tl1e Penal Code. Tl1at being so th1� Cou!t points out that once the Federal Higl1 Court found that there \Vas conspiracy 1n the commission of these offences it was inconsistent with conviction under Article 472 to hold that the seco11d, third and fourth appellants wer� acco1nplices; in view of the conspiracy they were co-offenders. It should finally be mentioned that as _there is 1?aterial concurrence of offences committed by the appellants, tI1e Courts,_ 1n assessing sentence should have take � into consideration the provisions of Articles 82 and_ 189 (c) of the Penal C?de, the court may have done so without specifical:ly makin� refe�ence to su�h art�cles in the judgment. This Court, having taken into cons1derat1on th� said art1_cles and other matters concerning the participation of tl1e appellan_ts 1 n th� va?-ous offences of which they have been found guilty, accepts the penods of 1IDpr1son- 25 -
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; such periods rt u h o ig C H al er ed F e th by s nt la el p ap me11t inflicted on each of tl1e ns the appeal is so re e es th r o F e . iv ss ce ex 1s � a1 1e 11 . h Court conf1rmed. of in1prisonn1ent are b y 110 ig H al er ed F 1e tl f o t en n gi d ju dismissed an d tl1e EDITORIAL NOTE
_e oa, up to the at tim th m ro F 0. 90 -1 99 18 ar ye e th in . ny Eritrea became Italy's first colo short-lived_ �tal1an East Africa e �h of e I_ 10 wl e tl1 of 1t ot en riv year 1941 \vhen Italy \:Vas d s adnun1ster� d as _a colony wa e� 1tr Er ), ia al m �o d an ia op hi Et (vihich, besides Eritrea includ ed lian Kmg. e Ita th d by te in po ap , ge ar ch 1n r no er ov G a under the Colonial J\1inistry witl1 1d Allied Forces, it wa s ad a1 1as defeated by the Etl1iopian � But in 1941, ,vl1en Italy fate of the former Italian Colony e tl1 til un s rce Fo n tio pa cu Oc h itis Br ministered by tl1e A d ministration, as it came ary ilit I\1 h itis Br e Th rs. \ve Po ur Fo tl 1 c would be decided by A d miJ1istrator", and be was f hie "C of e titl e 1 tl 1 l wit l, era gen a by to be kno\vn, \Vas l1 caded Forces. nd La st Ea le dd Mi f, hie -C -in der an mm Co the lo ble responsi Powers, ,,iz., the United States of ur Fo tl1e by ned sig ally fin s ,va aty tre ce JJea The d , France and the Union of Soviet Socialist lan Ire er11 rth No d an tain Bri eat Gr America, dertook to agr ee am ong themselves as to the un y the by ere wh 7 194 y in ltal h ,vit I�epublics, fate of the Italian Colonies, inclucli11g Eritrea. by the In con1pl!ance ,vith the treaty, a con1n1ission of inquiry ,vas sent to Eritrea Four Po,vcrs 1n 1947-1948, but tl1e outcon1e was that tl1e members o f the commission could not rcacl1 an agreement. Tl1e treaLy, l1ov,1ever, had foreseen tl1e possibility of this d eadlock' a11d ;:i, provision l1 ad been inserted to solve it. The provision read as follows: "Jf ,vith respect to any of tl1ese territories the Four Powers are unable to ag_rec upon thei r disposal within one year from the conling into force of this peace treaty \v i th Italy, the matter shall be referred to the General A�sen1bly of the Unit�d. Nations for a recon1mendation and to take appro priate measures for giving effect to it." Thus, in accordance ,vitl1 tl1is provision tl1e disposal of Eritrea was Ila.oded over to the General -;'ssen1bly � t�e United Natio1�s. An d �he latter, at its fourtl1 regular session, re � from the United Nations sl1ot1ld "O to Eritrea to "ascertain all solved thdt a Con1nussion th� relevant facts" and "to subinit proposals a1Jpropriate for tl1e solution of the problem of Er1 trea". \ �Y'. 194?, l1o,�e:'er, the British Military Administration \Vas changed into a British Civil r dn11i 11 5 lralion, \\ hi�h ,vas 110 longer responsible to tl1e Commander-in-Cl1ief 1'1iddle East _ rc t �o t11� �ecre�ary o_f Stat� f_ or F?reign Affairs in London. And, ����� �� t� i t�� ss1on for Eritrea f1�1sl1e d Its work, on December 2, 1950, o the General Assen1 bly resolv e ;r c 1 end tl �at Eritrea sl1ou]� c�nstitute "an autono,nous _ u11it fee/crated 111 ith Elhiopia un�:,� 1�111 � o�e,_ igllf)' ?I the Eth1op1a11 Cro1-vn". As a result e e of this Resoltrtion, a United Nati ' ons C 01111111ssioner ,v1tl1 a staff ,vas sent to Eritrea. • • The U· N.1 Comn11ss1o ner ,vas entru:.ted witll _ l. The duty in co11sultation witll (a) the Government of Etl1iopia, (b) the _ Administering Authority, (c) the inhabitants of Eritrea of preparing . a draft of tl1e Eritrean Constitution which was to -
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· · (i) be base d on pri11ciples 0f den1ocrauc governme11t, . (.II") in · clude guarantees conta· . ined in paragraph F of the Federal Act, and (iii) contain provisions on bel1alf of tl1e people of Eritrea.
2. The duty of submitting a draft constitution to tl1e Eritrean Assembly; 3. T11e d uty of advising and assr· Slin . g the Eritrean the of n Ass emb con side ly in rati its o raft d constitution; 4
The power and, if in the Commissioner's opinion it conformed to the principles of
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ERITREAN AND FEDERAL LAW
FORM
4 (E)
the Resolution, the duty of approving the constitution as adopted by tl1e Eritrean Assembly;
5. Tl1e duty of making appropriate reports to tl1e General Assen1 bly of the United Nations concerning the discharge of his functions and, having maintained his head quarters in Eritrea until the transfer of po\ver had been completed, the duty of report ing to the General Assembly and subn1itting to it the text of the Eritrean Constitu tion. Under this resolution of the United Nations General Assembly, the Federation was to take place not later than September 15, 1952. Tl1e first seven articles of the san1e Resolu tion of the General Assembly of the United Nations, dated Decen1ber 2, 1950, as provided by the Resolution itself, form the so-called "Federal A ct". It further provides that the Constitution of Eritrea would be drafted by the Con1missioner of the United Nations in consultation ,;vith the Eritrean and Ethiopian authorities and that the "Federal Act", \vould enter into effect folfo..,ving the ratification tl1ereof by tl1e Emperor of Ethiopia. This should follo,v the approval by the Comn1issioner of the United Nations, adoption by the Eritrean Assembly and ratification by the Emperor of Etluopia of the Eritrean Constitution. The U. N. Resolution also provided tl1at tl1e Administering Authority, i.e., the Britisl1 Adn1ioistration in Eritrea, was to continue lo conduct the affairs of Eritrea, b11t, in consultation with tl1e United Nations Comn1issioner was to prepare as rapidly as possible the organization of an Eritrean Adn1inistration, and was to introduce Eritreans into all levels of the Administration. Besides, it ,vas also to make arrangements for and coni1oke a representative Assembly of Eritreans cl1osen by t11e people. The Ad1ninistering At1tl1ority passed an Electoral I�aw and convoked the t\sscn1bly and the United i�ations Comnussioner, in consultation \vith the Ethiopian Authorities, and Eritrean people, finally prepared a draft Constitution. The draft was then presented to the Eritrean Assembly and adopted after modifications were made therein b)' the 1\ssembly on July 10, 1952. The Constitution of Eritrea \Vas approved, adopted and ratified by the En1peror of Ethiopia on August 11, 1952, and, as provided by tl1e resolution of the United Nations, the Emperor of Ethiopia had t o approve, adopt and ratify the Federal Act for the 1�cderation of Eritrea \vith Ethiopia. Thus, in accordance ,vith the above provision, the E1npcror, by instrument over His imperial subscription and seal did approve, adopt and ratify the Federal Act as foll0\1/S: )
TEXT OF THE FEDERAL ACT RATIFIED 11 Septen1bcr 1952 (ln1perial Seal) CONQUERING LION OF TI-IE TRIBE OF JUDAI-l HAILE SELASSIE I ELECT OF GOD, El'vlPEROR OF ETHIOPIA TO ALL TO WI-IOrvI TI-IESE PRESENTS SI-IALL COI\1E, GREETJI'JG: BE IT KNOWN 1�HAT:
WHEREAS, On 2 December J 950, Our Delegation. to the United N� tions by its affirm
ative vote given under Our Order, ap_proved the res?lut1on 39� (v) on Eritrea of the General Assembly of the United Nations, l:;-i� th Session, wl11cl1 resoluti?1� ,vas duly adoI?ted on that . _ date by the requisite two-thirds maJor1ty of the members of Lhe Un1ted Nations present and voting; and WHEREAS paragraphs I to 7 inclusive of part A of said resolution read as follo,vs: "l. Eritrea shall constitute an autonomous unit federated with Ethiopia under the sovereignty of the Ethiopian Cro\vn. 2. The Eritrean Government shall possess legislative, executive and judicial po,vers in the field of domestic affairs.
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3. T11e jurisdiction of the Federal Governn1ent shall extend to the foll0\1/iog matte.rs: defence, foreign affairs, currency and finance, foreign and interstate commerce and external and interstate comn1unications, including ports. The Federal Government sl1all I1ave the povver to n1:iintain the integrity of the Federation, shall have the right to impose t111itorm taxes tl1rough ot1t the Federation to meet the expenses of �ederal functions and services, it being understood that the assessment and the collection of sucl1 taxes in Eritrea are to be delegated to the Government of Eritrea, and pro vided that Eritrea shall bear only its just and equitable share of these expenses. The jurisdiction of the Eritrean Government shall extend to all matters not vested in tl1e Federal Governn1ent including the power to maintain the internal police, to levy taxes, to meet the expenses of domestic function and services, and to adopt its o,vn budget. 4. The :1rca of tl1e Federation sl1all constitute a simple area for customs purposes, and there shall be no barriers to tl1e free movement of goods and persons within the area. Customs duties on goods entering or leaving the Federation which have tl1cir final destination or origin in Eritrea shall be assigned to Eritrea. 5. An In1perial Federal Council of equal numbers of Ethiopian and Eritrean repre sentatives sl1all meet at least once a year and shall advise upon the common affairs of tJ1e Federation referred to in paragraph 3 above. Tl1e citizens of Eritrea shall participate in the Executive and Judicial branches of the Federal Government, in accordance \\'ith la\v and in proportion that the population of Eritrea bears to the population of tl1e Federation. 6. A single nationality shall prevail througl1out the Federation. (a) All inhabitants of Eritrea, except persons possessing foreign 11ationality, shall be nationals of the Federation. (b) All inhabitants born in Eritrea and having at least one indigenous parent or grandparent shall also be nationals of the Federation. Sucl1 persons, if in posses sion of a foreign nationality, sl1all, within six months of the coming into force of the Eritrean Constitution, be free to opt to renounce tl1e nationality of the Federation and retain such foreign nationality. In tl1e event tl1at tl1ey do not so opt, tl1ey shall tl1ereupon lose sucl1 foreign nationality. (c) The qualifications of persons acquiring the nationality of the Federation under sub-paragraphs (a) and (b) above, for exercising their rights as citizens of Eritrea shall be determined by tl1e Constitution and )a\VS of Eritrea. (d) All persons possessing foreign nationality \Vho J1ave resided in Eritrea for ten years prior to the date of tl1e adoption of the present resolution shall have the rigl1t, \vitl1out further requirements of residence, to apply for the nationality of the Federation in accordance with Federal Ia,vs; such persons ,vho do not thus acquire tl1e nationality of tl1e Federation shall be permitted to reside in and engage in peaceful and la\vful pursuits in Eritrea. The ri hts and interests of foreign national resident in Eritrea shall be guaranteed in� accordance with t11e provisions of paragrapl1 7. 0
7. Tl1e l:;-ederal Governn1ent, as ,veil as Eritrea, shall ensure to residents i11 Eritrea witl1 out ?isti11ction of nationality,_ rac�, s�x, language or religion, tl1e enjoyment of human ngl1ts and fundan1ental l1bert.J.es Lnclucling the following: (a) The.rigl1t to e9ua �ty b 7fore t �e Ia, �. No discrimination shall be made against foreign ente:Pnses 1n e�stence 1n En _trea engaged in industrial, commercial, agri c_ ultural, a�tisan, educational or cl1ar1table activities, nor against banking institu tions and 1nst1raDce companies operating in Eritrea. (b) The rigl1t to life, liberty and security of person. (c) �l1e ri �l1t to own a11d dispose of property. No one shall be deprived of property 1ncl �d1ng contract �al rights, without due process of law and without payment of Just and effective compensation. (d) The :i �l1t to freedom of o.pi�ion and expression and the right of adopting and practicing any creed or religion. (e) Tl1 e right to education.
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ERITREAN AND FEDERAL LAW
FoRM 4 (E)
(f) The right to freedom of peaceful assembly u 11 (i associaiion. (g) The right to exercis� any profession subject to t11e requiren1ents of th e law. sh (h) No one all be su · bJect to arrest or detention ,vifuout ,an order. of · a competent authon' , exce
pt 1n cases of flagr�nt and seriot1s violation of tli No one shall be deported except 10 accordance wit11 the la\v. e la\v iii force. (i) The right _to a fair and equ.itable trial and tl1e right of appeal to the En 1peror for commutation of deatl1 sentences. (j) Retroactivity of penal law sl1all be excluded. "The respect for the rights and . fre e_ doms of otl1ers and the requirements of public order and the general welfare alone Justify any lin1itations to the above rights" and WHEREAS_ para�raph 8 ?f Part A of said resolution IJrovides tl1at tl1e foregoing para graphs_ 1 to 7 1nclus1ve of said �es <?lution sl1all constitute the Federal Act which shall be subIDitted to the Emperor of Ethiopia for ratification; and WHEREAS, as provided by paragrapl1 13 of Part A of said resolution Our ratification of the Federal Act and of the Co11stitutio11 of Eritrea are the essential c�nditions for the entry into force of the Federation of Ethiopia; and WHEREA � on 11 At1gust 1952 by instrun1ent issued under Our In1perial Subscription and Seal We did approve, adopt and ratify the Constitution of Eritrea; and '\YHEREAS �ai� Constitt1tion as so approved, adopted and ratified, contains !)rovisions adopting and ratifying the Federal Act 011 behalf of the people of Eritrea. Now THEREFORE, We liaile Sellassie I, Elect of God, Emperor of Ethiopia, as Crown and Sovereign of the Empire of Ethiopia as constituted prior to t11e !)resent action by Ourselves of Ratification of the Federal Act as above recited ancl quoted and as l1cnce forth and from this date constituted by tl1e actions and fact of tl1e present ratificatio11 of said Federal Act, do l1ereby declare i n full force and effect, the Federation of Eritrea 1,vilh Ethiopia under the sovereignty of the Ethiopian Cro\vn as represented by Ourselves: and We do further comn1 and of all Our faithful st1bjects througl1out the En1pire of Ethiopia as henceforth and from this day constituted, full respect of and obedience to said :Federal Act, as now placed by Ourselves into full force and effect and to all federal ]a\VS issued pursuant thereto. IN WITNESS THEREOF \Ve l1 ave caused the Seal of Our E1n1Jirc of Ethiopia to be hereunto affixed and l1ave hereunto subscribed Our sig11ature. Given at Our Imperial Court at Addis Ababa, on this the Elevc11tl1 Day of the 1v1onth of September in the year of Our Lord One Tl1ousand Nine IIundred and 1:ifty-Lv10, and of Our Reign the Tweaty-tl1ird. Ht\ILE SELLASSlE I El\1PEROR ty
Since the above was only the Ratification of t!1 e Fcd�ral Ac� b_y tl1e Emperor, the official coming into force of tl1e Federation of Eritrea ,v1tl1 Etl11op1a occurred tl1 rough Proclamation No. 124 of 1952. "A PROCLANIATION OF TI-IE ENTRY INTO ,r oR�E OF THE FEDERATION OF ERITREA WITH ETI-II<?PIA, _ 11 SEPT·Eivl�ER 1952 , wh!cl1 u.nlike the Ratification of the Federal Act, was publ1sl1ed 1n the Negar1t Gazeta beanng the same dates as that of the Ratification of the Federal Act. With the coming into force of the Federation, tl1erefore: the status of Eritrea u�derwent a significant change, in that it became an auto1�omous unit, bu_t tinder the sove_re1gn!y o� the Ethiopian Crown. This Jed to two different kinds of laws ,vh1ch would apply 1n Er1tr�a, primarily all those laws wf1 ich t}1ereafter becan1e Fe��ral la,vs,_ and, all tl1e la\VS wh!ch would continue to be enforced by the Eritrean authorities as Er1trean laws. We shall fi rst deal with the Federal laws and later with the Eritrean laws. Federal La1-vs: 1vs" La ral ede "F e d a_ _ m re we _ ich wl1 s ; v Ja1 of s list the in First and mo st iniportant pursuant to the entry into force of the Federation of Eritrea with Etl11op1a wa s Order No. 6 of 1952 which ,vas: (a)
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ETl·IIOPJAN LEGAL FORMBOOK
"An Order to Provide for tl1e Federal Incorporation and Inclusion of tl1e Territory of Eritrea Within Our Empire". Article 2 of this Order provided for the inclusion of "the territory of Eritrea including the islands" as an integral part of the "Federated Empire". Furthern1ore, A.rticle 5 provided tl1at all the International Treaties, convet1tions and all international obligations of "Our En1 pire" presently in force are extended with their full force and effect to the territory of Eritrea, excepting treaties, conventions and agreements ,vith Etl1iopia concerning Eritrea ,vl1icl1 "are declared null and void". But tl1e most important provision of the Order ,vas Article 8, ,vbereby the Federal Act and the Constitution of 1931 a11d all Federal legislation made pursuant thereto, as well as all international treaties, conve11tions and obligations of tl1c Empire as extended to the ter ritory of Eritrea by that Order "sliall be the s11pre111e lalv t/1ro11g/101tt tl1e territory of Our Federated E111pire". (En1 1Jl1asis added) Follov,ing that Order, "Procla111atio11 No. 128 of 1952, A PROCLr'\MATION FOR THE APJ) LICA"flON OF CEltTAIN OF OUR LEGISLATION AS FEDERAL l,EGJSLATION" ,vas published in the Negarit Gazeta and pursuant to th.is Proclamation, the following Ja,vs ,vere made i11to Federal La\V: (a) Proclan1ation No. 17 of 1942, Post Office Proclamation. (b) Proclan,ation No. 21 of 1942, State Bank l)roclan1ation, and General Notice No. 18 of 1943, Charter of the State Bank of Ethiopia. (c) Proclan1ation No. 31 of 1942 to Regulate Currency and Proclamation No. 99 of 1948, an1ending tl1e Currency Proclamation of 1942. (d) Proch1n1ation No. 24 of 1942 Dangerous Drugs Proclamation. (e) J)rocla1natio11 No. 36 of 1943 Immigration Proclamation. (f) Proclan1ation No. 43 of 1943 Export (Gold, Silver, and Platinum). (g) Proclan,ation No. 113 of 1950 creating the Etluopian Grain Board and Proclama tion No. 121 of 1952 }Jrol1ibiting Export of Uncleaned and Ungraded Coffee. (h) Proclan1alion No. 54 of 1944 (Foreigners Registration) (i) General Notice No. 59 of 1945 Charter of Elbiopian Airlines. /\ll tl1e above laws ,vere extended to Eritrea and, in addition to them, Procla111atio11 No. 129 of 1952 "Fee/era/ Transport Procla1natio11" \Vas issued wl1ereby the most important roads in Eritrea v. ere made Federal Roads: (i) Soloctosu - Dekamere - Asmara - Nefasit - Massawa (ii) Maseb - Asn1ara (iii) :t-.1assa,va - Agordat - Sabderat (iv) Soloctosu - Dekamere - Nefasit - Massa,va (v) Massav;a - .Nfarkiko In 1953, Proclamation 135 A of 1953 ,vas issued creating the Federal Courts in tl1e En11Jire. These then were tl1e n1ain la,vs, kno,vn as "Federal J_a";s" whicl1 \Vere applied to Eritrea following the entry into force of l11e }::'ederation. All these Ia,vs, obviously, ,vere to be enforced by the 1::ederal Goverru11ent, \v}1icl1 up to tl1at tin1e ,vas the Imperial Ethiopian Government. As ,:ve have seen, the Constitution of 1931, the Federal Act, and all other treaties and obligations of the En1pire of Ethiopia were made the Supren1e Law of the Federated En1pire. Tl1c above procla1nations were n1ade Federal la,vs, purst1ant to Article 3 of the Federal Act \vhicl1 put n1atters of defence, foreign affairs, currency and finance, foreign and interstate comn1erce and external and interstate con1n1unication, including ports, uniform taxes througl1out tl1e Federation, all \Vithin tl1e jurisdiction of the Federal Govern1nent. 1
(b) Eritrea11 Lalvs: As already stated, by Eritrean La,vs are 01ea11t tl1ose laws ,vl1ich were enforced by tl1e Eritrean Government. With tl1e coming into force of the Federation, Eritrea, as a result of tl1e 1::ederal Act, and tl1e United Nations Resolution, was to constitute "an auto nomous tinit federated ,vitl1 Ethiopja t1ndcr the Sovereignty of the Ethiopian Cr9,vn", and. that "at1tonomot1s unit" ,vas to l1ave the name of the "Eritrean Governn1ent" a11d to have "legislative, executive and judicial powers in the field of domestic affairs". This n1eant that n1atters not within tl1e jurisdiction of tl1e Federal Government came under the Eritrean - 30-
ERITREAN AND FEDERAL LAW
FORM 4 (E)
Government. At tl1e top of the hierarchy of Eritrea11 law ,vas the Constitutio11 of Eritrea. which, as �reviously mentio_n ed in �?e hi�t_orical background, was aclotJted by the Eritrea1� Assembly, 1n accordance with the prov1s1ons of the Resolution" of the United Nations General Assembly. Th� <;onstitution d�fined tl1e te�r�tory of Eritrea, gave a series of rights, like t11at of using T1gr1na and Arabic as the off1c1aJ langt1ages of the Government of Eritrea, included paragraph 7 of tl1e Federal Ac. t, (whicl1, i11cidentally contains aln1ost all of the provisions con tained in the cl1apter dealing with "Rights and Duties of the People" in tl1e Constitution of Ethiopia _of 1955), and _defi�ed the legislative, executive and judicial p0\1/ers of tl1e govern ment of Eritrea. The legislative power was vested in tl1e 1\ssen1 bly by Article 56 of tl1e Constitution which was empowered to vo te the )a\VS a11cl the budget elect the CI1ief Exe cutive and supervise the activities of tl1e executive. Besides no ta; ,vould be levied or exp�nditure incurred u�les_s authorized by ]a\v. FurLl1 ermor; tl1 e Assembly, by virtue of Article 75 of the Constitution had powe r to in1 peacl1 tl1 e Chief Executive. Tl1e Constitution allotted the Exect1tive po,ver of tl1e Governn1ent of Eritrea to the Chief Exect1tive of Eritrea, who would be elected by at least two-Utirds of the men1bers of the Eritrean Asscn1bly, for a four year term. He had tl1e power of appointing the secretaries of the various depart ments of the administ ration, and the power of dismissing them at \Vi]J; they were all respons ible to him and not to tl1e Assembly (Art. 69, Eritrean Constitution). The Chief Executive had to report on l1is conduct of affairs and on the general situa tion in Eritrea, at tl1e openi11g of the first reg ular session of the Assembly. The judicial po,ver was vested in tJ1e courts. rfhe Judges \Vere appointed by the Chief Executive. Th.e head of tl1e Judiciary \1/as the President of the Supre1ne Cot1rt. In addition to the Constitution of Eritrea, there ,vere otl1er laws wl1ich came in force simultaneously wiili it. Article 56 of the Constit ution provided tl1 at certain organic Ia,vs l1ad to be voted on by the Eritrean Assembly. The la\vs \Vere to govern the organization and fu n ctioning of the Eritrean Gover11me11t within tl1 e framewor]c of the Constitution. The laws were the follo,ving: 1. Tl1e Administration of Justice Proclamation (No. 133 of 1952), 2. The E ritrean Functio.ns of Governn1ent Act, 3. The Eritrean Electoral Act, 4. The Eritrean Budget Act, 5. The Eritrean A11dit Act, 6. The Eritrean Advisof)' Council Act, and 7. The Eritrean Civil Service Act. These were the laws ,vhich, witl1in the fran1ewo rk of the Eritrean Constitution, \vere to govern the efficient working of tl1e Eritrean Governn1ent n1achinery � s of the year 1952. But the most important q uestion ren1ains, and that is about the la,vs \vh1ch were _1n for�e up to the end of tile British Adnunistratio n. Obviously, altl1ougl1 ne\v Fede_ral and Er1trean laws were enacted there were s everal p r oblems wl1 icl1 ,vere not dealt ,v1th by means of. new laws. It is he�e pertinent to refer to Article 96 of _t11e Constitution wl1ich_ st�tes that all the laws which were in force at tl1e tin1e of tl1e ent ry into force of the Constitution � ·ere to be preserved. And these laws, tl1e . Article continues, ,vere iliose la_,v� a� d regulat1? ns in force up to the year of 1941, and ,vl11ch \Vere not repealed b?' _the :',dm1n1ster1�g �uthonty in addition to all laws and regulations enacted by the Adm1n1ster1ng Au thority itself,. _fo1:_ as long as they were not repealed. In c� se _ o f conflict bel\v� en these laws and the Constitu tion, Article 96 provides that the Const1tt1tion ,vould prevail. Moreover, Ai;ticJe 97 also states that pre-existing _ ob�iga_tions, cont rac ted_ on behalf o. f Eritrea, had to be respected, in tl1at they wo uld re1na111 b1nd111g up? n. the Er1trea11 Govern -: meat, a[v.,ays i,z as Jar as those obligations referred to ,natters lV1th1n the co1r1.pete11cy of Eritrea. (emphasis added) From what we have seen so far, concerni11g v,hat we l1 ave_ ter�ed as "Eritrean La\vs",.. there were two kinds of Jaws dtirin g the period of the Fede ration, 1.e., fr?m . Septen1be � 11 of 1952 to November 13 of 1962. On the one hand, there ,vas �e Co� st1tu t1on of ? rJ� ea with the list of organic Jaws which came into force at t11 e san1e !1me w1tl1 tl1e Cons t1tut1? n a:nd, on the other band pre- Federal laws. The latter were la\VS _ in force up to th� coffilnc,; . into force of tl1e Federation, which could have been either Italian made laws whicl1 were: - 31 -
ETI·IIOPIAN LEGAL FoRMBOOK h Administration, or itis Br the by led ea rep en be t no ve ha l 1 · 1 11c � . 1n force up to 1941, and .. the to up lng ce colll for in on ati �lations_ issued by tl1e B r t1 1sh Administr reg d an s , , lav se tho uld be repealed if inwo , . r eve l1ow , s , Iaw I era d e F pre se 1e T on alJ. der l Fe ,into force of tl1e . ·. laws enacted by the new . by d . 1 e ea . rep 1 Y s 1es exp 1f or n, t1o 1tu nst Co consistent \Vitl1 the Assembly. re enacted by we ne, alo a itre E: to_ e c abl li app s, la,v ny ina rds \va on 2 From the year l95 g 111e Eritrean Assen1 bly. Exarnples of ta.t acts are tl1e fo//ow111 · (a) The Eritrean Excise And Sales Tax Act, 1956 (b) TJ1e Alcoholic Production Tax Act, 1959 (c) The Petroleum Tax Act, 1962 (d) The Tax Collection (A111endment) Act, 1962 (e) The Salt Tax Act, 1962 Exa111ples of /aivs
OJI
the /1dn1i11istratior1 of Ji1stice
(a) The Ad111inistration of Justice (Su1Jreme Court) Act, 1953 (b) The Adn1inistration of Justice (Execution of Judgments) Act, 1956
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Exa111ples of other laivs (a) The Game Act (reconsideration) 1950 (b) Tl1e En1ployn1ent Act, 1958 (c) The Rcn1uneration of tl1e Executive and the Legislative (An1endment) Act, 1953 (d) Tl1e Eritrean Legal Practitioners Act, 1953
Side by side \Vitl1 tl1ese enactments of the Eritrean Assembly, there still were laws originally enacted by tl1e Italians, valid in the year 1941, not repealed by the .-'\.dministering Britisl1 Authority, and still in force by virtue of Article 96 of the Constitution. There are cases of sucl1 la,vs v.1!1ich \Vere still in force up to the year 1962. It is also worth pointing ·out, that in the field of Federal Lavvs, all Ja,vs passed by tl1e Federal Government in Addis Ababa \Vere, as long as they pertained to tl1e Federal Autl1orities, Federal laws. In addition to these there ,vere son1e Federal la,vs whicl1 ,vere enacted for tl1e purpose of Eritrea alone, like the l:;-ederal Salt Law. In Noven1ber 15, 1962, Eritrea ceased being a "Federated Unit" and from then on the System of Unitary Ad1ninistration of the En1pire of Etlliopia ,vas applied to it. This ·can1e in force through Order No. 27 of 1962, ,vhich because of its importance, is reproduced J1erein in full.
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ORDER NO. 27 OF 1962
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An Order To Provide For The Termination Of Tl1e Federal Status of Eritrea And The .Application To Eritrea Of The Systen1 Of Unitary Administration Of The Empire Of Ethiopia. 1. TI1is Order may be cited as the "Termination of the Federal Status of Eritrea and the Application to Eritrea of the System of Unitary Administration of the Empire of Ethiopia."
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2. The Federal Status of Eritrea witl1 Efuiopia, is hereby terminated and Eritrea, \vluch continues to constitute an integral part of the Empire of Ethiopia is hereby wl1olly integrated into the unitary systen1 of administration of Our Empire. 3. The Rev�sed Cons�tut_ion of Ethiopia given by Us a.s the Sovereign and Crown of the Empire of Eth 1 op1a on 2nd November 1955, shall continue to be the sole and exclusive Constitution to apply unifor1nly througl1out the territory of the Empire of EU1iopia. 4. All rigl1 ts, i11cludi11g the right to own and dispose of real property exemptions conc�ssions_ a_nd p_rivileges of \\1l1atever nature heretofore granted 'conferred o; acquired w 1fu1 n Eritrea, wl1etl1er by law, order, contra.ct or otherwise and whether granted or conferred upon or acquired by Etl1iopian or foreign persons whether natural or legal, sl1all ren1ain i11 full force and effect.
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ERITREAN AND FEDERAL LAW 5.
FORM 4 (E)
ll right , P� ers, ut s aud ol)ligatio_ns of the former Adn1inistration of Eritrea teco�e � Y ".'If� ';le o1 tt.1s Order, the r1gl1ts, po wers duties and obligations of the Imperial Eth1op1an Government.
6. All enactments, laws and r eg11Iations or parts thereof \VhicJ1 a e p rese1 ti · force within Eritrea or wl1ich are denominated to be of fecleral appli�c,at_,on o t1 Yt I1ein e,Yte . · · nt hat t 1e app 1cat1orz tIzereof
I t 1s 11ecessary to the continued Ope1a [. · . 1·1011 o f tIze ex1st1ng . · · 1s · t ra,·1011 s J1a fl 1111!1·1 sueI1 t1111 adn11n e as the sa,rze ..··l,a , ll be e,-r.press ly repIaced and . . • uent 1Y enacted leg1slat1011, re11,1ai11 in full force and effect and ref?eqled bY . s: t b.seq_ a�n11n1strations sh�ll cont!nu� to in1plen1ent and adinioister the same und er the authority of the Imperial Etl11op1an , Governn1ent. (empJ1asis added)
eX1st1ng
7. This Order shall con1e into effect on Nove1nber 15, 1962.
T�us, in a�c�r�-a.nce \.Vith thi� Oi:de r, the Constitution of Eritrea, and the legislative, executive and JUd.1cial PO\.Vers ,vh1cl1 1t guaranteed to the Eritrean Government ,:vere all r�pealed. It no l<;>nger was a_n auto11omot1s unit, because the systen1 of Unitary Administra tlO? of the Empire, as applied to t11_e Gover11ors General of tl1e Empire, was extended to Eritrea. Ho,vever, there was the obvious I?roblem of applying all Ethiopian la\.VS, in place of t�e laws formerly enforced by tl1e Erttrean Gove rnn1ent, and, to solve this, Article 6 provides that all . enactme nts, la_ws and regulati_ons or parts thereof in force up to 1962 or other Fe deral la\.vs, \VOttld continue to be ap1Jl1ed as far as the application tl1ereof because they were necessary to tl1e continued operation of th e existing administration until such time as the same sl1all be expressly repealed by subsequently e11acted legislation . The refore, alth_oug.h Erit�ea would �econ1e no different from any other province, because of the applicat10.n to 1t of tl1e Unitary Syste1n of the En1pire of Ethiopia, Article 6 gives full force and effect to Ia,vs :wl1icl1 Eritrea inl1erited fron1. its Federal stat1.1s. To go back to our previous analysis, the Eritrean Constitution had a provisio11 si.milar to Article 6 of Order No. 27 of 1962, \Vbereby it gave full force and effect to la\\lS \.Vhich \Vere enacted by Italian a.od British autl1orities. rfhese la\vs, in addition to Eritrean 1-\ssembly enactn1ents, con tinued to have full force and effect all tl1rougl1 tl1e duration of the Federation, i11 as mucl1 as they were not repealed by specific Eritrean laws. This \.vould lead tis to the existence in 1962 of laws \Vhich l1ave been in force as of 1941 and before. No\v, b:r virtue of t\rticle 6 of Order No. 27 of 1962, tl1ey are still in force, if tl1ey are necessary for t11e continuccl operation of the existing administration (in 1962). 111 dealing witl1 tJ1e laws en£or�ed by Eritrea, d�ring the Federation, as dislinguisl1cd fron1 the Federal La\vs applied by tl1e Federal Governn1ent, \Ve had listed a series of la,vs, to serve as an e xample o f tl1c kinds of la\VS passd by the Eritrea11 Assembly. Pursuant lo Article 6 of Order No. 27 of 1962, la\VS like tl1e Re11zu11eration of rite Exccurive anci the Legislati1re (A1ne11d111e11t) Act of 1953, are repealed. But other la\.VS like the Salt Ta,i: Act of 1962 and the E1nploy1ne11t Act of 1958, seen1 to be preserved. I n practice, most of· the taxes and other ]a\.vs which ,vere enforced by the Eritrean Gove rnment, are still in full forc e and effect. As of this date, there l1as been 110 enactment of any lav, expressly' repealing those laws whicl1 continued fro� tl:e Fede�a� status of Eritrea. If there is any Constitutional problem· arising from the appli_cation of difJ:er�nt. Javis, e,g., taxes between Eritrea and tl1e rest of tl1e laws, it n1ust be referred b��k to /\rt1cle G of the Order No. 27 of 1962. As to the constitutionality of tl1� O,rder's pr6v1s1on one cannot say, but, it seems that if so111e. of tl1ose laws ,vhich it protects ,vere unconstitutional, there is the tool of repeal wl1ich could' be applied 'by virtue of tl1e same Order. · ministra In conclt1sion we· a:.re left with. Eritrea as an integral part. and parcel of the Ad S presen�ly tive System of the Empire of Ethiopia, bt1t, wi_th tl1e grea� , differenc�. of . la\V Colonial having full force and effect which \Vere enacted e1tl1er by Italian f\uthor1t1es 1n the bot tl1e h by or 2 �95 to up e a_ itr �Er of n tio tra riis mi d A' tish Bri , era up ·to 1941, or by the · ber vem No on d ate min ter ich wh n atio der Fe the ing dur e nts Federal and Eritrean Governm 15, 1962. (A to Zerabr1,k A berra) , ,
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FORM 5 PARLIAMENTARY LAW FORlvf 5 (A) Rules and Procedure of Ethiopian Senate
(Relati11g to Questio11i11g of '/vli1iisters - Take11 fro1n the ln.ternal RegLilatiorzs of the Ethiopia,i Ser1ate)
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Article 24. Ministers sl1all l1ave tl1e right to attend meetings of the Senate, or a joint session of the two Chambers, or a meeting of a parliamentary Committee, a11d 1nay speak about n1atters affecting their respective Ministries in accordance -v1ith Article 73 of the Co11stit11tion. They or tl1eir deputies must also be present wl1en draft leoislation is under consideration, and n1ust answer questions either orally or in ;,riti11g. Special seats must be prepared for the Prime Minister, Iviinisters, or tl1eir· deputies when tl1ey attend Parliament. - - .
Article 33. Every Me1nber of Parliament shall be obliged to respect the following rules under Article 84 of tl1e Constitution: (c) Unduly repeated or irrelevant questions shall not be addressed to a per son present during a session for questioning; (e) Questions shall 11ot be trivial or imprecise; speeches may not refer to tl1e personal character or condition of any person; directly or indirectly, in such a way as to give personal offence. (f) In question time, the respect and honour due to tl1e person being ques tio11ed shall be fully mai11tained. (g) Tl1e President may rule out any question which he considers to violate the rules or to be irrelevant, or if a member so asks and is seconded, ,it will be subject to vote without further discussion. (11) No question sl1all arise about any matter referred to a standing com mittee, until the com1nittee has finished · its work · thereon, and submitted it to Parliainent. (i) Wl1en Minis �ers or their �eputies appear in Parliament for questions and explanations under Article 72 and ·73 of the Constitution: I. All questions sl1all be based on correct information; 2. If a question has been declared se�ret by th� Minister or his deputy, _ the meeting shall · be declared closed to the public by the President of the Senate. .
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Article �1. wi.ie� a commi�tee stu��ing a bill is of the opinion that the g1v � suff1c1ent clarification, they may request the comments attache� to 1t do not _ person who subffiltted the bill or his deputy to appear in person for the purpose - 34-
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SENATE DEBATE SUMMARY
FORM
5 (B)
of clarification. In the same way, the person who submitted the bill shall have the right to ask to appear in person and give explanations orally or in writing. - - Article 63. As provided in Articles 72 & 73 of the Constitution, the Senate after deciding by majority vote n1ay invite the Prime Minister to appear or send a deputy to answer questions orally or in writing. After such decision of the Senate, the President shall send the invitation to the Prime Minister at least three days in advance. A summary of tl1e reasons why the attendance of the Prime Min.ister or his deputy is required sl1all also be en c]osed by the President in the invitation to the Prime Minister. In the same way, the attendance of other Ministers or tl1eir dept1ties n1ay be requested by the Senate. Tl1e Preside11t must explain to the Ministers tl1e reasons for such requests. Article 64. Any Member shall l1ave the right to question the responsible Minister about a bill before the Senate. In the same way, a Member is entitled to question the Prime Minister as provided for in Article 63 above. Article 65. Questions shall be given to the Preside11t in writing; ho¥.'e11er, during a session, oral questions may be addressed to him. Tl1e President shall pass such questions to the Minister concerned. Such Minister shall be e11titled to ask for some time within which to consider tl1e question. Article 66. On the day appointed for questioning, the President n1ay call the Member who had asked the question, and shall ask him to read the question. The answers will be given by the Prime Minister, the Minister, or l1is dep11ty, as the case may be, either orally or in writing. Article 67; A question to a Minister mt1st be strictly relevant to the sub ject. Article 68. The aim and object of asking questions and supplementary ques tions of the Ministers is for the clarification of certain points, and to pers11ade them to carry out certain esse11tial duties coming under tl1eir functions and res ponsibilities.
FORM 5 (B) SUMMARY OF :MINUTES OF ETHIOPIAN SENATE DEBATE The Members present were, according to Article 79 of the Revised Constitu tion, sufficient to [constitute a quorum and] begin deliberations, and proceedings were started accordingly. Article 120 A of the Penal Code was read to the Members (This is the Article which permits flogging in certain cases of aggravated theft and robbery). A debate was held and a resolution was passed to this effect: - 35-
ETI-IIOPIAN LEGAL FoRMBOOK
. . , ed be gg ot flo nn ca he y ilt · gu d un fo n ee b as . . .· ''To say· tl1at once a crunma1 h .· s S nd hI ha or ed gg flo 1s · . · he en wh ed sl1 ni pu ly al ·"'f is reis t? encourage thieves. A tIllc . . m m fro co d re ter de be ll wi e . fat his . of r hea n1a1med, and those _who see l1tn� or. . ft, ted the n1it com s ha o wh al m �1_ cr� a e, cas tl1e ng . i11itting the sa1ne crime. Such bei he shall, when me cr1 y an g 1ttm mrn co en wh d de c en nh pre ap l na . .rni 1er cri otl y an or t O l. Y b e subJeet t0 no d an d, ?ge flo be , rits me e cas his as 1rt . is se11tenced by tl1e cot ne mi to exa ht rig the rs cto do e g1� to a:·y ess nec t 11o it is n, itio nt. In add imprisonn1e tl1e criminal a11d testify wl1ether he can resist flogging o�, not. Th e beS! doctor for a thief is flogging itself and crin1inals should be flogged. . . TI1is resol11tio11 was passed by a majority vote with 19 Members votmg for it. T11e following three dissented : H. E. Dejas111atcl1 Liben Hailu 1 -I. E. Dejasmatcl1 Gabrey Teklu H. E. Ato Alem11 Checkol �f11ese tl1ree Se11ators objected to the opinion of the majority, saying that: "A tl1ief when brot1gl1t before a court and found guilty sho�Id, it is true, be give11 tl1e pt1nisl1111e11t wl1icl1 best fits him, tl1at is to say, acco�d.1ng to the degree of l1is cri111e; but to make l1U.111an beings subject to flogging is to treat them on an eqt1al footi11g ,vitl1 cattle.'' Tl1e Final Resol11tion on tl1is s11bject was passed on Hamlie 8th, 1949. 47 Men1bers of tl1e Senale voted for, a.11cl 8 against. (Note: there appears to be a mis tak·e in. tl1e original text here, as on I Han1fie 22 Men1bers con.stitute a quorum of at least 50 per ce11t).
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NOTES ON TI·IE FINAL RESOLUTION:
i) Tl1ere is no reference to a doctor having to ·certify the physical fitness of tl1e criminal, altl1ough this issue was debated at length. .
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2) More stress l1as been given to tl1e opi11ion of tl1e dissenting eight Members. A large part of the resolution is left to the discussion of tl1eir opinions. These i11clude a discussion of tl1e unco11stitutionality of the law; a ph.rase to the effect tl1at Etl1iopia, being on tl1e way to progress and determn1ed to lceep up with the acl1ievements of tl1e modernised countries, should embrace and has already ernbracecl certain concepts fron1 tl1ese cou11tries (witl1 the iI11plication tha t flog ging is out of tune witl1 tl1ese concepts); a reference to tl1e abolition of slavery by I-I.I.M., on tl1e grounds tl1at i t is _cruel; and a comparison wi th punislllllen t for cruelty to ani111als, especially tl1at resulting from a cart-driver flogging his horse too cruelly.
3) Flogging as a pu1ush1nent is only sa11ctioned. fo r theft (and not as might ' be inferred from the first resolution, for any crime at all). .
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(Summary an d translation by Ato Joha1111es Herouy) . . . ,._
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FORM 5 (c) LEGISLATIVE COMMITTEE REPORT OF ETHIOPIAN SENATE I. Article _3 of the draft Electoral Law says that: ''any goverrnnent employee who engages h1 �s�lf to be elected as a deputy l1as to resign from his post''. Nevertheless, a civil servant, even thougl1 he presents hin1self to be elected as a deputy, might not be elected, ancl if i t is said that he l1as to resign fro1n his post, Ulen he would be in a very serious position if he were not elected. If he is elected, then according to the Electoral Law, No. 153, Article 34, "the elected deputy or deputies if they are government e1nployees would resign from their post within a week and be sent to tl1e work for whicl1 they vvere elected''. For this reason, as the draft law sent by tl1e Chan1ber of Dep11ties is inhuman, the Committee has decided not to accept it. 2. According to the draft Electoral Law, Article 4, ''Ll1e governn1ent en1ployee who has failed in tl1e election would be transferred fron1 l1is electoral district to another''. Article 5 of the same draft says ''the government employee who was not elected as a deputy would not be allowed to return to l1is official duties in the same area for four years''. The reason ,vl1y the Cha111ber of Deputies passed the above Jaw is to prevent the government employee who has not been elected from carrying out crt1el and inhuman actions against tl1e people wl10 did not elect him. But as indicated in Article 24 of the Electoral Law, tl1e electio11 is carried ot1t by secret ballot, and the civil servant who stood as a ca11didate j11 t!:e election would therefore be unable to identify the people \.Vho did not vote for him. For this reason, the Legal Committee has rejected the proposed draft. EDITORIAL NOTE Parliamentary La\V is tl1a t general collection of c11acted rules and recognised usages \Vhich governs tl1e procedure of legislative assen1blies and other less forn1al deliberative bodies. The above excerpt in Form 5 (A), \Vas. taken from the Internal Regulations of the Ethiopian Senate. It deals 1,vitb tbe attendance of Ministers in Senate sessions and their being ques tioned by Senators relating ·to pending bills. Tl1e Cha111ber of Deputies has :.i. similar but separate complete body of Parliamentary La\v to govern its O\Vn operation and orderly administration. Form 5 (B) is a summary of all that \Vas said on the floor of tl1e Senate during the discussion of a pending bill. This may beco1ne extren1ely important in future litigation when one must determine the legislative intent. The same is true for tl1e discussion \vhich follows as to Form 5 (C), the text of a Legislative Con1n1iltee Report, ,vhicl1 is the recom mendation or decision of a con1nlittee of either the Se11ate or tl1e Chamber of Deputies concerning legislation under consideration by the respective House. The above excerpt was taken from the Archives of tbe Senate, as reported in the Minutes of the Legal Con1nzittee, No. 7 / 56, 24 Tahsas, 1956, E.C. rfhe question before tl1e Senate _ _ Conin1ittee for study wa� a series of proposed amendments to the Chamber of Deputies Electoral Lavv, Proclamatio11 No. 152 of 1956. The ameodmen.ts had been passed by tJ1e Chamber of Deputies and referred to the Senate for recommeodation to that body. TJ1e Senate as a wl1ole subsequently accepted the recommendations of the Committee as reported above.
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FORM 5 (D) HYPOTHETICAL PROPOSED PRIVATE 1v1EMBERS' BILL (No. 28 of 1970) THE IMPERIAL ETHIOPIAN PARLIAMENT CHAMBER OF DEPUTIES In accordance 1,.vith Article 86 (b) of the Constitution of 1955, we submit the follovving clraft Proclamation for tl1e consideration of the Chamber of Deputies: "Tl1 at tl1e provisions of Article 120 A of the Penal Code of 1957 author izing flogging as a pu11islunent be repealed and that flogging be disal10,ved as a punishi-nent in the Empire.'' Specifica.11:y that Article 120 A of the Penal Code be repealed and amended as fol lo,vs : ''ln 110 case shall the courts prescribe flogging a.s a. punishment for any offense t111der tl1e Pena1 Code of Ethiopia." SIGNATURES 1. ABEBE GUANGOUL, Sponsor 2. ABEBE B. M. WORKE 3. BERHANU BAYIH 4. FASIL NAJIUM 5. FrssEilA BAYIH 6. GrRMA TADESSE 7. TEAME BEYENE 8. ZEGAYE ASFAW
9. 10.
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ZERA.BRUK ABERRA
ZEMENE KASSEGN
Attached is tl1e draft l'roclamation for tl1e consideratio11 of the Chamber of Deputies. No. 28 of 1970 PENAL CODE (AMENDMENT) PROCLAMATION OF 1970 CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHERE�S. it is esse11t �al to elin1inate flogging as a punishme11t in Ethiopia; NOW THEREFORE, 1n accordance with Articles 34, 86 and 88 of Our - 38 -
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FORM
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Constitution, We approve the resolution of Our Parliament and We accordingly proclaim as follows : I. This Proclamation may be cited as ''Tl1e Penal Code (Amendment) Pro cla �ation of 1970'', repealing and an1ending tl1e existing provisions of Article 120 A of the Penal Code Proclamation of 1957 and shall come into force on the date of its publication. 2. Article 120 A of the Penal Code Proclamation of 1957 is hereby re pealed and replaced as follows : ''In no case shall t11e courts prescribe flogging as a punishment under the Penal Code of Etl1iopia." Given at Addis Ababa, this ........................... day of ........................... 1970 MINISTER OF PEN
LEGAL COMMITTEE'S REPORT ON PRIVATE BILL NO. 28 OF 1970 This bill has been submitted by Abebe Guangoul and supported by 11ine members to the Chamber of Deputies to the effect that the flogging provision of 120 A of the Penal Code be repealed. The Committee in two meetings in May, 1970, fully considered the Bill a11d reached the following majority decision. This same decision is respectfully Sl!b mitted to the Chamber of Deputies for furtl1er deliberation. THE REPORT IN OUTLINE A. Policy Considerations against the Flogging Provision: I. What Flogging Is 2. Its Effects 3. Its Source as a Punishment 4. Flogging is not Good Public Policy B. The Unconstitutionality of the Flogging Provision: 1. Flogging is Cruel and In11uman 2. Flogging Violates Other Provisions of the Constitution 3. Parliament Must Abolish Unconstitt1tional Laws C.
Conclusion
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A . Policy Considerations against the Flogging Provision 1.
WHAT FLOGGING
ls
Flogging is a punishment whereby the offender, with his hands and feet tied, is placed nearly naked in a prostrated position. By means of a long, tapering - 39-
ETIUOPIAN LEGAL FoRMBOOK
strip of lude (jiraff) liis back is laid open wi_tl1 every stroke. The off� 11der usually screams in pain. After the ordeal is over he 1s herded back to tl1e prison. 2.
ITS EFFECTS
to i � �e ted ec �j o su s pe e th g tin lia � ni : bw d an _ ing ad gr de Flogging is ng 121 ral mo de 1t , on ut1 t1t 1ns '' 11s � aro arb ''b a As ty. coines an outcast from socie t no be . n ca 1 icl wh d'' 1 ran ''b is itl1 er, � e11d off e Tl1 . ed ept � acc y del wi e natur is t red s ha op vel de e h d tea ns 1 � y; iet � soc to. g gin on bel of _ . deleted,2 loses any sense iatt the 1n ted lec ref n eve 1s er end off the of 1 io1 iat nil h111 s tl1i 1 \Vard it. Someti nes tudes to\vard his fa.mily as well.
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ITS SOURCE AS A PUNISI-IMENT
Traditionai Etl1iopian p11nishment i11cluded flogging for the ''low and iJer,,erse" 3 class. Tl1is past vie,v is no lo11ger consistent with modern ideas of "justice"4 and ((respect d11e to h111na11 clignity"5 embodied in our laws. Floggi11g 1nigl1l ha,,e been j11stified in the past when: - ll1e ii1eq uality of 011r people on tl1e basis of different family and economic stat11s v, as a 11 accepted way of life, a11d as such, a legal �auction against tl1e ''low and perverse" class was 11ecessary; - JJLtnishznent was 1nai11ly retrib11tive; and - there v1ere no penite11tiary institutions of the kind \Ve have today. 1
Ti1esc co11d1tions l1ave all changed m11ch for the better today. This has been confi11ned by the 1930 Penal Code of Ethiopia,6 which retained a flogging provi sio11 v1ith tl1e co11scious purpose tl1at it ''shall in tl1e future be abolished....'' That 'future' l1as clearly 110v, arrived, as is demonstrated below. 4.
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FLOGGING IS NOT GOOD PUBLIC POLICY
Accorcling to widely accepted opinion, as well as our Penal Code,7 a n1ajor purpose of pe11al p1111ishn1ent is the eve11tual rel1abilitation of tl1e criininal involvecl._ Floggin� 11tterly defeats this p�rpose. It offers the victin1 no training or vocat1011al ass1sta11ce at all. I11stead, 1t bra11ds l1im for. life as an offender 1naking l1in1 _an outcast in th� eye_s of his fellows, a11d usuall�r turning him int� a n1ore _ emb1ttereci, more a11t1-soc1al person tl1a11 he was before. Thus flogging _ con �rad1cts a11 1n1porta.nt tenet of pe11ology whicl1 this Parliament a11d His Iinperial MaJesty l1ave announced as basic IJOlicy for Ethiopia. I Graven (Translatio11), 1 J. Eth. L. 289 (1964). 2 P.C.E. Art. 245 (b). 3 Graven (Translation), 1 J. Etl1. L. 271 (1964): 4 P.C.E. Preface. s P.C.E. Art. 85. 6 P.C.E. Art. 3 Pt. 1 (Provisio); 1930. 7 P.C.E: Preface and Art. 1. -40-
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Defenders of the practice of flogging argt1e that it serves other policies of tl1e penal law, including particularly a policy of _deterring other potential crimin als in the future. We ,vould point out tl1at never l1as sufficient evidence of this allegation been produced. We are not at all convinced that flogging is in any way a substantial deterrent to crime. Finally, we would point out tl1at the institution of flogging has been dis co11tin11ed by nearly every civilized co11nlry in tl1e world. It once was common· in 1nany nations. but, along with other p11nislunents, sucl1 as bra11di11g or m11ti la tion of crimu1als, it has 110w been discarded. It was discarded in all tl1ese countr i es because it was felt to be damaging to tl1e n1orale of crin1inals involved and to the self-esteem of all the citizens who had to witness a11d know about such bar barous treatment. So now in Ethiopia i t is time for us to abolish tl1is out-dated and degrading practice. It is time to place 011rselves above tl1e scorn of ot1r own citizens and above the questio11ing appeal of citi zens of other countries who ob serve the traditions and practices of a leader of Africa.
B. The Unconstitutionality of the Flogging Provisio11
1.
FLOGGlNG IS CRUEL AND lNI-IUMAN
Not only does Article 120 A of tl1e Penal Code contravene sound public policy, it is also contrary to the Revised Constitut i o11 of Etl1iopia. Arlicle 57 of tl1e Constitution provides tl1at ''no 011e sl1all be subjected to cruel and inh1.In1aI1 punishn1ent''. An analysis of flogging reveals tl1at it is both cruel a11d. it1l1tzr11�1n. Dictionaries define ''cruel'' to mea11 ''painful" or ''distressi11g''. Tl-1ey c!.e�i!1c ''inhuman'' to mean ''brutal, unfeeling and barbarous'', or tl1at wl1icl1 ('sc"1r:'ret,1 endangers the life or health'' of a perso11. It is clear that flogging could be cor1sidered as ''cruel and inhun1a11'' within tl1ese dictionary definitions. But i:1 order to define these words as tl1ey are 11sed i11 tl1e Constit11tio11 it is 11ecessary to go beyond their d_ictionary n1ea11ing to discover wl1at tl1ey co11vey \Vitl1i11 Ll1e sp.i r:it of the Constitution. The words must be co11strued witl1in tl1e context of Etl1iopia11 customs and notions of justice a11d l1un1an dignity. Present-day conceptions of penal justice very clearly take full co11sideration of human dignity as an essential elen1ent of j11stice. Tl1ese notio11s are ·well ex pressed in th.e Pen.al Code itself, wllicl1 states in its Preface the need for "highly humane and liberal procedures'', and i n Article 85 1ne11tions tl1at penalties sl1011ld ''always be i11 keeping with the respect due to l1uma11 dig11ity''. Tl1e trutl1 of tl1ese statements is that the human person is a thing to be respected, tl1at even in the name of justice, the dignity of the individual must not be violated. This dignity is brt1tally violated by flogging. It is an act involving dire suffering, physical harm, and injury to physical l1ealtl1, a11d often to 1nental health.. Such acts are decreed to be ''inhuman'' by Article 282 of the Penal Code. They are inhuman under the Co11stitution as well, because they grossl)' offend the: sense of decency and human respect held by the Ethiopian public and th� drafters of our Constitution. For this reason, Article 120 A of the Penal Code 1s uncon stitt1tional. It is a cruel and inhuman punishment, and it is our duty to abolish it_ - 41 -
ETI-IIOPIAN LEGAL FoRMBOOK
2. FLOGGING VIOLATES 0TI-IER PROVISIONS OF THE CONSTITUTION Flogging u11der Article 120 A of the Pen�l Code spec�fically contraven� s the constitutional prohibition against cruel _an� inhuman_ p urushment. It also 1s -contrary to the spirit of several other const1tut1ona1 prov1s1ons. . Article 37 of the Constitution provides that no one shall be � en� ed. eq� al n? d�1scnm1nat1on protection of the law. Article 38 provides that _ there shall amongst Ethiopian st1bjects with respect to tl1e en1oyn1ent of civil rights. In a se,nse, botl1 these Articles condemn Article 120 A of the Penal Code. U11 der 120 A, only persons guilty of Aggravated Robbery or Ag. gravated Tl1eft ca.n be flogge d. s Botl1 of these crimes are property offenses. By ge� eral ·co11ce11sus, crin1es agai11st persons are the most serious offenses. Yet no cnmes ·against persons, not even murder, are punishable by _flogging. Nor are any pro perly crimes otl1er tl1an the two me11tioned. We can find no reasons that support 1l1is distincLio11 in punisl1ment. The distinction is so arbitrary that it violates the ·spirit of the Constitution i11 tl1at for no reason it subjects persons to unequal 1rcal111 ent tinder tl1e law, tl1t1s applyi11g different standards of civil rights to dif i't:rent perso11s. A.rlicle 43 of the Constitution provides that no person shall be deprived of life: liberty or property without due process of law. Other nations with similar co11stit1.1tjo11al provisions - specifically the United States - have interpreted these ·v,.,ords to 1nean that tl1e state must exercise ca11tion and a measure of dignity in its ,cnforcen1e11t of the la.w. Like\vise must Ethiopia exercise a certain dignity in the pu11ishments it a11thorizes. Because flogging is cruel and inhuman it is clearly 11nconstit1.1tiona1. Even if it were not contrary to Article 57, however, it would reflect a state action that is too brutal and too undignified to qualify as ''due process'' under Article 43. Finally, Article 48 of the Constitution indicates that the Ethiopian family .sl1all receive the "special protection'' of tl1e law. Article 120 A of the Penal Code violates tlus provision as well. When a person is flogged his entire family is sub jected to a special kind of ridicule and humiliation. Like the person flogged him self, his fan1il _y i ? a. sen �e becomes an outcast from society. Thus flogging brings upon an Eth1op1an family an extra measure of degradation. This is completely unnecessary and compl etely contrary to tl1e spirit of Article 48 of the Constitution.
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3. PARLIAMENT MUST ABOLISI-I UNCONSTITUTIONAL LAWS
It may be argued that it is not tl1e business of this Parliament to concern ·itself with the constit �tionality of legislation. This argument, we feel, has no merit 1,vl1atever. Under Article 122 of the Co11stitution, tha.t instrument is declared to be tl �e �upr �me �aw _of the_ land. And under Ar �icle 64, it is made clear that every one 1n the Em �1re .. 1nclud1ng_ Memb ers of Parl1an1e11t, has the duty to respect and _ ,obey the Const1 �11t1?n. We v1?late our duty when we pass legislation that contra venes th� Const1tut1011. We violate o �r own consciences when we knowingly pass or permit laws tl1at do not accord with our Constitution. Therefore, we are duty:s Flogging is also authorized under Decree No. 45 of 1961 for offenses concerning the "disturbance of public opinion". - 42-
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bound to strike down st1ch legislation. We are duty-bound to abolish Article 120 A cf the Penal Code. C.
Conclusion
F?r the reas?ns stated above, this Committee reports to the Chamber of Deputies that Article 120 A of tl1e Penal Code is botl1 unsound and 11nconstitu tional. We recommend that it be repealed. Respectfully submitted, Legal Committee By I-lAlLU MEKONNEN, Chairman ABEBE B.M. WORKE
LEGAL COMMITTEE'S MINORITY REPORT ON PRIVATE BILL NO. 28 OF 1970 INTRODUCTJON
Bill No. 28 of 1970, introduced to the Cha111ber of Deputies by ten of its members, was discussed by tl1e C11amber and referred to tl1e Legal Co1n1nittee for further study and comments. The Legal Committee discussed the issue of whether or not flogging, as used as a secondary punishment in accordance with Article 120 A, sl1ould be deleted from the Penal Code of 1957. The majority of the n1embers of the Legal Committee have recommendecl that the Bill be adopted, while the minority gives the following reaso11s for retaining flogging as it is in the Penal Code.
A.
FLOGGING JS CONSTITUTJONAL
1. The minority feels that flogging is constitutional - that it is 11ot incon sistent with Article 57 of the Revised Constitution, wl1icl1 provides that ''110 one shall be subjected to cruel and inhuman punishmei1t''. It is our contention tl1at flogging does not in any way contravene this provision. In the fust place, flogging is not nearly so brutal as the majority report would have us believe. Under Article 120 A, it can be ordered only in respect to male offenders, and only where the judge ordering it feels it would be effective and not harmful to the offender, either physically or psychologically; the offender must be between 18 and 50 years of age; the flogging cannot exceed 40 lashes; it must be made only on the back of the offender; and finally, it can be carried out only after a doctor has certified that the offender is fil for the punislm1ent and only in the presence of medjcal control. If it appears t11at tl1e health of the offender will be jeopardized, the doctor must order that the flogging be instantly stopped. The pain caused by flogging is considerable, but it is of short duration. -43 -
ETI·IJOPIAN LEGAL FoRMBOOK
The constitutio11al definition of cruel and inhu!31an must be �ound in the opi1 1io11s and attiludes of tl1e drafters of the Constitut10� an� th� society governed _ by the Co1 1stitution.. It is clear that 111 tl1e eyes ? f bo�� flo?ging 1s � necessary and ' , perfectly legal pu1 1isl1IDent - it is not at all cruel or inhuman · .. Flogging 11as 1011g been a11 Etl1iopia1 1 t� adition. (It has been_ a trad1 t1on else _ where too, and in several cot11 1tries, i1 1clt1d111g England and parts o! the �n1_te� States, is today recognized as a desirable fo1·n1 of punishn1ent.) It 1s Et�1 0�1a s traditions ,vl1 icl1 fom1 tl1 e sotrl of her Jaw, including, of course, l1er C�� st1tut1on. As Ji.is I1nperial Majesty l1as said in tl1e Preface � o the Penal Code_. Although Etl1 iopia clai111s ,vl1at is, JJerhaps, tl1e longest standing systen1 of law 111 the world toclay, We l1ave never l1esitated to adopt the best that other systems o_f law can offer, to tl1e exte11t tl1at tl1ey respo11d a1 1d can be adapted to the gen:us of 011r partict1 lar instittrtions ... However, ...tl1e poi1 1t of departure must � e�a1n the genius of l?.tl1iopian legal traditio1 1s and i11sti tutions wl1ich have an origin of un paralleled antiqt1ity a11 d co11ti1111ity." 1·11e 1)ro,1isions of 120 A of the Penal Code we� e expressly insert�d by Eth�o pians after 1l1c origi1Jal draft of tl1e Code was subn11 tted. 120 A was mserted with full. Icno\vledge of Etl1iopiar1 traditio1 1s a.i1 d custo111s and witl1 full appreciation of 1J1e 11ecessity a.11d appropriate11ess of flogging in our society. These conditions I:t�1,1e 11ol cl1 angecl si11ce 1957. To the overwl1elming majority of the public of the co!.1ntry - lo 11early all our constitue11ts, wl10 elected us to represen.t tl1eir wishes arid tl1eir 11otio11s of justice - flogging is not at all a cr11el or inl1uman punish111e1 1t. It is tl1e k:incl of pt1 11ishn1e11 t we are all accuston1ed to. Physical punish111ent is con1111onplace tl1ro11gl1out tl1e entire co11ntry. Therefore, it is erroneous to sLale tl1at floggi11g offe11cls prevailing Etl1iopian opinions. It is fully accepted. Flogging has been part of our tradition for thousands of years. Tl1is was well k:now11 to tl1 e drafters of our Constitt1tion. It is well-known to most of our country1nen. Tl1erefore, to say tl1at it was intended to be prohibited by Article 57 of the c·onstit11tion as ''cr11el a1 1d inl111 n1an" is ·to disregard tl1e knowledge and attitudes of tl1e drafters of tl1at provisio11, as well as tl1ose of most of the people of the cou11try.
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2. Tl1 e n1ajority also argue that 120 A is w1co1 1stitutional because it violates tl1 e "dt 1e JJrocess" reqt1ire1ne11ts of Article 43 of the Consti tution. But, for the san1e reasons noted abov�, we_ su�1nit that tl1is_ i � incorrect. Flogging is a tl1orough ly accepted part of Etl110 1J1an l1fe ancl trad1t1011. It offends no 01 1e's sense of gover11D1ental djgnity u1.1der tl1ese circ11n1stances. 3. _Anotl1er argt11:1e11t propose �. by the ?lajority is that flogging degrades tl1e family and tl1us violates the sp1r1 t of Article 48 of the Constitution. In the first place, any JJt1 njsl11ne11t ca11 ses disco1 1lfort, a11d a 111easure of humiliation to tl1e fai:niiy of �l1e cri1 11i1 1al i1 1volved. Se �ondly '. on � of the very purposes of punish n1e �t_ . �s to br111g ho �1e to otl1ers: o�e s family included, the point that criminal act1 v1t1es are t1n1 :r?fitable. As :£:is ln1perial M �jesty l1as said (i1 1 the Preface to , . 1 1esses the pun1 sht11e11t of a wrong-doer will be tl1e Pe11al Cod �). On � who w1t c �me p��dent. Flogging n1ust perfo � tl1is_ deterre11t function for the family of tl1e �ffe �1der as well as for others. Finally, 1t should be noted that flogging up . sets _a family �uch less tha11 otl1er forms of punish111e11t. Clearly it is more dis ruptive of family harn1ony and routine for the l1ead of the family to be imprisoned -44'i
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FORM
5 (D)
for a long period than it is for him to be subjected to a quick and efficient penalty like flogging. Since floggling reduces the need for other deterrent penalties, and thus reduces the length of necessary prison sentences, it can indeed be said tl1 at Article 120 A makes a positive contributio11 to fan1ily harmony. It is much less l1armful to the fan1ily than alternative penalties. 4 . A final argun1ent offered by the majority report is tl1 at Article 120 A violates the constitutional guarantee of the equal protectio11 of tl1e laws (Articles 37 and 38). It is suggested that since flogging applies only to the crimes of Aggravated Theft and Aggravated Robbery, it is arbitrary and discriminatory. In tl1e first place, \Ve would point out, the majority is really argt1ing for an exten sion of flogging beyond the limits of 120 A, not for the abolitio11 of 120 A. Secondly, 120 A is not so arbitrary as tl1e majority report indicates. Tl1e reason flogging applies only to these two crimes is because it was felt tl1at its deterrent effect would be particularly successful in this area, but not successful in avoiding more serious crimes where a mt1ch more serious deterrent is required to be at all effective. Therefore, Article 120 A is not arbitrary. It was carefully considered before its adoption and is an e11tirely reasonable effort to apply an effective punishment to an area of criminal activity. B. Parlia111ent Should not be Concerned with Extremely Close Co11stitutional Questions It is the business of Parliament to propose and pass laws vvhich it tl1ink:s are in the public interest. \Ve deputies, before talci11g our seats in this Cl1a1nber to whicl1 \Ve l1ave been elected, l1ave taken an oath of loyalty and 11 ave sworn that vve will obey t11e Constitt1tion and tl1e laws of tl1e Empire. Trt1e e11ough \Ve l1ave no right to proclaim a law wl1icl1 on its face is clearly t111 co11stitt1tional unless, of course, we amend the Constitution in accordance with Arlicle 131 of the Revised Constitution. Our job l1ere is to pass laws tl1at we feel are beneficial to the social and economic progress of Ethiopia. We are not concerned with very fine and detaiJed points on the constitutionality of proposed la¥1s. The mi11ority believes that in a situatio11 wl1ere there are differe11t sides to a problem con cerning whether or not a law is co11stitt1tional, ,ve sl1oulcl pass tl1e law disreg8.rd ing the· constitutionality. And we tl1ink it evident tl1at it can l1 ardly be saicl tl1at 120 A is clearly unconstitutional. It probably is fully constitutional; at most, there 1nay be some question about its constitutionality. In accordance \vith Article I 08 of the Revised Co11stitution, judicial pov-.'er is vested in tl1e courts establisl1ed by la\V. Judicial po\ver as generally accepted by ciy_ilized nations is the power to adjudicate cases, wl1ich inclt1cies i11terpretation of the laws in force, including the Constitution. A11d in accorda11ce witl1 Article 122 of the Constitution, the coltrt ca11 rule t]1at a certain la\V is null and void if it thinks that the law is inconsistent witl1 tl1e Constitutio11. (It is noteworthy that other courts, such as those in the state of Delaware in the United States, with similar legislation and similar Constitutions, l1ave not found the legislation t1n constitutional.) With ·such an important role to play, our courts have never said that flogging is unconstitutional as· {a.r as -tl1e mi11ority knows. Ot1r ,vorlc l1ere is as law-ma.leers and not as judges. Let us leave the i11terpretation of laws to the courts, and if they feel that Article 120 A js unconsJitutional, then let them so hold. -45-
ETI-IIOPIAN LEGAL foRMBOOK a l. An d we ve �ementl y n i o ut tit ns o c is A 0 12 cle : ly be sa id t o be Thus we argt1e tl1at Arti ib ss ot po · · nn ca A 0 12 e l ic rt A a t th t en J·d eV ry ve 1 1 ·s a t ·t · 'th main · ta.in 1 ! 0f p�oo n� tituti ona 1·t c e tl1 ut b a t ub do s i e er th e er 1 ? 1 W clearly unconstitutional. our ts a nd not in P�lia c e tl1 1n ed lv so re be 11ld o t sh 11b do posed legislation, that _ a ve al l reframed h ts ur o c e th d an t, en a1n rl1 Pa n1ent. His In1perial Majesty, tl1is ake su ch a decl ara m w no t no d l u o sh e W l. na o uti tit g this law unco11s rin cla de n1 fro • t1011.
I
de Co l na Pe the of es os rp Pu e 1 tl d 1 a1 } lic Po c bli Pu s C. Flogging Serve rp o�es o f public pu the of y an ve ser t no es do ng ggi flo t tha ues The 1najority arg aJ or purposes th f two st a le at ves ser ng � ggi � !�lo � ee. agr dis 1 gly stro 1 policy. We l s, a nd a� a 1na cr1m ial ent pot r the o o t rei1 e det a as ves ser It t. � nen islu pun al _ pen � of t them from c ommitting 111 etl1od of rcl1abilitati11g crin1i11als and of helping to preven further of[e11 ses. Perl1aps tl1e 111ost important purp ose of cri min al punis_hment is to �elp deter 0Ll1ers fron1 con1n1ilting sin1 ilar cri111es i11 tl1e f1.1ture. Flogging serves this purp ose ideally. Tl1e pt111 isl1 11 1ei1t talces place i11 pt1blic, for all to see, a nd for all to take \var11ing. Tl1ere is 1Jrobably 110 n1ore effective way to dem o nstrate to the public tl1 at crime is unprofitable than inln1ediate and publicly administered physical 1Ju11isl11ne11t. This is why flogging l1as been used as a punishment for crime for so 1uany centuries, and why its 11se should be retained in Ethiopia . The n1ajority report also claims that flogging does not he lp t o rehabilitate tl1e cri1ninal so t:l1at lie can be re-made into an active a nd productive member o( society. Yet, on close analysis, it will be seen th at flogging actually do es more to assist i11 tl1e rehabilitation of offenders than alternative meth ods of punishment Ll1 at are availa.ble. When a man is imprisoned, he is removed from society f or an extended period. During that period he is largely idle. (Extensive pris on train ing opportunities are clearly desirable. But at present we have far too few facil ities to carry out extensive training progran1s. Such facilities will c ost a grea t deal, and. will 11ot be completed here f or many years.) He is in tl1e company o f otl1er criminals, and often learns new methods of crime from them. H e is sepa r ated from his family and friends, �nd is ,vell-known as an ex-co nvict upon his release fro111 prison. Inevitably, lie finds it v�ry hard, too often impossi ble, to readjust to society. His jail tem1 does not rehabilitate him at all - it makes him all tl1e more likely to contin11e a life of crime. 11ot have a11y oe of tl1e ill effects o f i mpris onment. It is over very Floggi11g d � _ _ . qt11ckly. After 1t 1s over, the offe11der 1s abl e to return to his f amil y and friends and to make a n�w attempt at bec oming a worki ng member of society. To what ever exte11t flo gging reduces the necessity for i mprisonment a s a penalty, it in creases the actual chances for the eventual rehabi litation of the offender. Th11s floggiil �, in comp�rison with the other practical methods of penal punish ment that are availabl e - fines, of course, are in most criminal cases an ineffective penalty because of the meagre fi nancial condition of m ost offenders - is seen to be both a' more, workable d �terrent and a more promising rehabilitative device. Thes � are goals th at a �e �ruc1al to a reasoned criminal law. Flogging as a penalty pr�v1des � way of ach1e y1ng t �ese goals that has been proven effective. It clearly 1s m the interest of public :policy that flogging be retained. 1
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PRJVATE MEMBERS' BILL
D.
FORM
5 (D)1
Conclusion
We of the minority on the Legal Committee conclude that Article 120 A is a useful, indeed vital, part of the machinery of criminal justice in Ethjopia. The Article does not contravene the Constitution. It serves substantially the pub]ic policy of the Empjre. It should be retained as part of our Jaw. Respectfully submitted, The Minority of the Legal Committee By SHlMELIS HUSSEIN SI-IIMELIS METAFERIA
EDITORIAL NOTE The above material, a sample Proposed Bill, \Vas prepared by law students of the Faculty of Law of Haile Sellassie I University as a mock Parlian1ent debate which was part of the program for the second Annual Law Day on May 29, 1965. It presents both sides of a higWy controversial issue in excellent fashion.
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FORM 6 CODE FORM 6 (A) TEXT OF PENAL CODE OF ETHIOPIA OF 1957 PART I GENERAL PART BOOK I OFFENCES AND THE OFFENDER TITLE I CRIMINAL LAW AND ITS SCOPE Cl1apter I: -
SCOPE OF THE
LAW •
Art. I. - Object ar1cl Pr.trJJOse Tl1e p11rpose of crin1i11al la,v is to e11sure order, peace and the security of the State and its i11habita11ts for the public good. It a.i 1ns at tl1e prevention of o(iences by giving due notice of the ofiences and pe11alties prescribed by law and sl1011ld tl1is be ineffective by providing fo_r �he p1111isl1n1ent a11d refor1n of offe.11ders and 111easures to prevent the comm1Ss1on of f urtl1er offences. Art. 2. - Pri11ci1;le of Legality (1) Crin1i11al law specifies tl1e various offences whicl1 are liable to punish
n1ent ,tnd the penalties and measures applicable to offenders. Tl1e court 1nay 11ot treat as a breacl1 of tl1e law and punish any act or omission which is not prol1ibited by law. It may not impose penalties or n1eas11res other tha11 tl1ose prescribed by law. Tl1e co11rt 1nay 11ot create offences by analogy.
(2) Notl1ing in this f\rticle shall preve11t interpretation of the law. In the law cases of according to its cou doubt tl1e sl1all interpret . r t . . _ sp1r1t, _111 accordance with tl1e meaning intended by the legislature so as to acl11eve the purpose it l1as in view. (3) Nobody shall be p1111isl1ed twice for the san1e act. Art. 3. - Ot/1er Penal Legislatiori
Nothing i11 tl1is Code shall affect Police regu lations an d special laws of a penal nature : Provide� that tl1e general principles em bodied in this Code are applicable to those regulat1011s and laws except as otherw ise expressly provided therein.
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PENAL CODE
FoRM 6 (A)
Art 9. - J11dg1nents passed i,11cler legislation repealed by this Code Where a sentence has been passed i n accordance witl1 the legislation pre viously in force its enforcement shall be governed by tl1e following principles: (1) If the Code no longer restrains the act in respect of which the sentence was passed the punishment shall no longer be enforceable or shall forth with cease to have effect. However, where a sentence has been passed for the breach of a criminal law enacting a prohibition or an obligation limited to a given period of time for special reasons of a transitory nature, the expiration of the said period shall not bar tl1e enforcement of the punishment, nor shall the prosect1tion be barred by st1ch expiration. (2) Upon the coming into force of this Code punishments shall be enforced as provided in this Code. This shall also apply to the recovery of fines and the conclitional release of prisoners. (3) If a prisoner who is undergoi11g punishment at the time of the coming into force of this Code is found guilty of an earlier offence which re mained unknown and was punisl1able by a penalty entailing loss of liberty the court shall pass an aggregate sentence in accordance with the pro visions relating to concurrent offences (Art. 191) and sha11 take into account tl1e provisions regarding tl1e application of the more favourable law (Art. 6). The period of imprisonment undergone in pursuance of the earlier judgment shall be deducted. Art. 10. - Application as to ca11cellatior1. a1zd reinstate111e11t The cancellation of entries in Police Records made prior to the corning into operation of this Code as well as reinstatement, even in the case of judgments given under provisions repealed by tltis Code or custo1uary law fallen into disttse shall be governed by tltis Code.
Section II. - Conditions as to Place Paragraph 1. - PRINCIPAL APPLICATION Art. 11. - Offe,zces co1rz111itted on Ethiopian Territory: Nornzal Case (1) This Code shall apply to any person whether .� na�iona� or a foreigner who has committed one of the offences spec1f1ed m this Code on the territory of Ethiopia. The national territory comprises the land, sea and air. The extent of this realm is determined by law.
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ETI-iIOPIAN LEGAL FoRMBOOK
Art. 20. - Effect of foreign se11ten.ces •
on cti on �y di ris ry ju a i_ sid ub a ve ha ts ur co ian op hi Et � e er wh s se ca all (1) In ce en nt d se an ed tri � �n b ot nn ca r de fen � of e ), th 18 d 17 an (Art. 15 (1), t me e ac sa th 1n r fo ed itt qu ac or d ge ar ch dis rly ula reg s wa Etliiopia if he a foreign country. (2) If tl1 e offender was tried and sentenced in a forei�n _country �ut did not undergo his punishment, or served only part of 1t 10_ t�e _ said cou.ntry, tl1e pw1isl1ment, or the ren1 aining part thereof, may � it 1s no� ba_rred by limitation, be enforced according to the fofD:15 prescr1� ed by �IS C? de. Tl1e provision of Art. 12 (3) ,shall apply mutat1s mutand1s to this Article.
Paragraph 3. -
GENERAL PROVISIONS
Art. 21. - Extradition (I)
foreigner wl10 con1mits an ordinary offence outside the territory of Etl1io1Jia a11d ,vho takes refuge in Etl1iopia may be extradited in accord a11ce \Vith the provisio11s of tl1e law, treaties or international custom; extradition shall be granted on the application made in proper form by tl1 e Siate where tl1 e offence was committed for purpose of trial under the territorial law whe11 tl1e offence does not directly and principally concern tl1e Ethiopian State (Art. 13).
A11y
(2) No Etl1iopia11 national having that status at tJ1e time of the commission of the offence n1ay, save as is otl1erwise expressly provided, be handed over to a foreig11 cou11try. Failing extradition he shall be tried by Ethio pian courts and under Ethiopian law. (3)
a11 cases where an offe11ce raises a question of extradition the request shall be dealt with in accordance with the principles of Ethiopian law a.nd provisio11s of existing treaties.
I11
Art. 22. - Recog11itio1i of foreign sente11ces (1) Foreig11 criminal sentences may be taken into account as regards ante cedents and aggravating circumstances, the granting or revocation of an order for conditional release, recidivism and its punishn1ent, the enforce ment of safety 1neasures, incapacities and forfeitures, conditions as to r �i �staten1ent, as well as compe11sation, restoration of property and other c1v1l effects and all otl1er legal consequences provided by this Code. - - EDITORIAL NOTE T!1e bes� explan�tion of c? dification in Ethiopia may be found in the Preface by His Impenal Ma1esty Haile Sellass1e I to the Civil Code of Etl1iopia ' Negarit Gazeta' Extraordinary Issue, No. 2 of 1960, pp. v-vii. · · · · - 50 -'
PENAL CODE
FoRM 6 (A)
PREFACE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA ..The Civil Code has been promulgated by Us at a time when the progress achieved by Ethiopia requires the modernisation of the legal frame,vork of Our Empire's social structure so as to keep pace with the changing circumstances of this world of today. In order to consolidate the progress already achieved and to facilitate yet further growth and development, precise and detailed rules must be laicl clo\vn regarding U1ose problems \vhich do not only face the individt1al citizen but the nation as a whole. The rules contained in this Code are in harmony with the well-established legal traditions of Our Empire and the principles enshrined in the Revised Constitution granted by Us on the occasion of the Silver Jubilee of Our Coronation, and have called, as ,vell, upon the best systems of law in the world. "No law which is designed to define the rights and duties of the people and to set out the principles governing their mutual relations can ever be effective if it fails to reach the heart of those to whom it is intended to apply and does not respond to their needs and customs and to natural justice. In preparing the Civil Code, the Codification Commission convened by Us and whose \vork We have directed l1as constantly borne in mind the special requirements of Our Empire and of Our beloved subjects and has been inspired in its labours by the genius of Ethiopian legal traditions and institutions as revealed by the ancient and venerable Fetha Negast. "It is essential that the law be clear and intelligible to eacl1 and every citizen of Our Empire, so that be may without difficulty ascertain what are his rights and duties in the ordinary course of life, and this has been accomplished in the Civil Code. It is equally important that a law which embraces a varied and diverse subject matter, as is the ca!e with the Civil Code, form a consistent and unified whole, and this requirement, too, is fully satis fied by the law which we promulgate today. "Tbe careful preparation of this Code by the Codification Commission and tl1e pains taking review which it has received in Our Parliament assure that tl1is law will achieve tl1e purpose for which it is intended. Witl1 the guidance of the Almighty, Fountain of Justice and Source of all wisdom and benefits, this Code will contribute to the progress of Our Empire and the welfare of Our beloved subjects of today and of the future. "Given in the 30th year of Our Reign, this 5th day of May, 1960. HA ILE SELLASSIE I ErvlPEROR" A Code is thus a compilation of exjsting laws, or enactinent of new la\vs, systematically arranged, which is designed to regulate completely tl1e subject matter covered, and pro mulgated by lawful legislative authority. As a creative restatement of a whole body of law, logically set forth, it is intended to provide a co1nprehensive framework \Vithin which any question of la\V arising may be ans\vered. The above excerpt in Form 6 is from the first Code to be enacted by the Parliament in Ethiopia. It is the Penal Code of 1957 \vhich \Vas drafted by a Commission 11eaded by Professor J. Graven of Switzerland. The other Codes of Ethiopia presently in effect \.Vere likewise drafted by Commissions under the leadership of the persons named: Civil Code of 1960, Professor R. David of France; Maritime Code of 1960, Professor J. Escarra of France; Commercial Code of 1960, Professors J. Escarra and A. Jauffret of France; Criminal Procedure Code of 1961, Sir Charles Mattl1e\VS of England; Civil Procedure Code of 1965, Ato Nirayo Esayas, Assistant Minister of Codification, of the Ministry of Justice of the Imperial Ethiopian Government. All of the above Codes were enacted through Proclamations, see Form 7, \Vitb the exception of the Civil Procedure Code which was issued in the form of a Decree. See Form 8. The Penal Code is discussed in detail in two recent scholarly books published by the Fa.culty of Law of Haile Sellassie I University: An Introduction to Ethiopian Penal Law by Philippe Graven (1965) Materials for the Study of the Penal Law of Ethiopia by Steven Lowenstein (1965).
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FORM· 6 (B) CODE COMMITTEE NOTES OR CODIFICATION COMMISSION REPORT NOTE OF THE IMPERIAL CODIFICATION CoMMJSSION PENAIJ CODE OF ETI-iJOPIA
Concerni11 0 Article 64 (now Art. 71) whicl1 deals with the state of necessity, tl1e comment :as n1ade that it fails to clearly set out the criteria of ''proportion .ately". The drafter responded tl1at, to the contrary, he believes that sufficient criteria do exist. Tl1ere must be a da11ger in1possible to otherwise avoid (the crit.erio1 1 of the subsidiary cl1ai·acter- of necessity), and furthermore, the threatenecl · rigl1t cannot reasonably be expected to be a·bancloned by the doer of the act. This broad formula, wl1icl1 has been adopted by several modern codes, particularly the ,Swiss Code, sho,vs quite clea.rly tl1at rights must be balanced, that a choice must be n1ade betwee11 the two rights in question by weighing tl1eir value, and that one _is �ot able to go too far in· protecting a legal right. (the criterion of proportionality). Tl1is lJroporlionality is also equally i11cluded in Article 65 (now Art. 72) by the vi1ords '' ... excess of necessity". But the fom1ula will be precise enough to avoid all equivocality. EDITORIAL NOTE
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Each of the draftsn1e11 of the various Ethiopia.a Codes sub1nitted a Report to or prepared Notes for the Imperial Codification Commission which sponsored the particular Code. Although these Reports and Notes have not as yet been published, they constitute invaluable researcl1 source material for anyone who \Visl1es to interpret the Codes. The above excerpt vvhich has been made available only for teaching purposes, is fron1 tl1e Penal Code Notes originally taken in Frencl1 by P�tilippe Graven, author of A,z Introdz,ction to Ethiopian Penal La\v (1965), a1;1d son of the chief draftsn1an of tl1e Penal Code of Ethiopia, Professor Jean ·Graven of Switzerland.
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FORM 7 PROCLAMATION
.
•
(No. 225 of 1965) STATE FOREST PROCLAMATION
CONQUERING .LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, certain forests within Our Empire comprise a portion of tl1e State Domain; and WHEREAS, said forests are witl1in tl1e exclusive control of the State and should be protected, conserved, developed and utilized in accordance \Vith modern scientific principles so as to promote the economic development of Our Emp.ire and to ensure a continuous supply of forest produces for tl1e benefit of the present ' '· and succeeding generations of the Ethiopian people; and WHEREAS, conservation of said forests is also necessary to protect the soil of Our Empire from erosion, deflation and desiccation and to balance the water regime thereof, thereby to preserve the natural beauty and fertility of Our E�pire; and WHEREAS, Article 130 of Our Revised Constitution provides that the Gov ernment shall take necessary and proper measures for the conservation of 11atural resources and that none of said resources shall be exploited in violation of tl-ie principles of conservation established by Imperial Law.
NOW,. THEREFORE, in accordance with Articles 34 and 8� -of Our Revisecl Constitution, We approve the resolutions of Our Senate and Chamber of Deputies and We hereby proclaim as follo,vs: .
•
1. Short Title
This Proclamation may be cited as the ''State Forest Proclamation, 1965''.
2. Repeals
I •
a) Unless otherwise expressly provided in this Proclamation hereunder all legislation. orders and regulations previously in force concerning matters provided for in this Proclamation. whether written or customary are hereby repealed and replaced by. this Law. - 53 _.
ETI-IIOP.IAN LEGAL FoRMBOOK
b) The provisions of paragraph (a) of this Article 2 shall not affect the Grune _ Proclamation, 1944 (No. 61 of 1944) and regulations thereunder. 3. Defi11itior1s In tlus Proclamation, unless the context otherwise requires: ''FOREST" shall mean any land stocked with forest trees; ''FOREST TREE" shall mean any woody plant including bamboo indigenous or : _ exotic and regardless of its age, size and species, provided . that such plant normally attains a height of �e!1 (l_O) meters_ and shall include or exclude such plants as n1ay be spec1f1ed ID regulations hereunder; "FOREST PRODUCT" sl1 all mean round wood, sawn wood or otherwise pri111arily processed wood, fuelwood or pulp�ood or any forest _ tree or pa_rt thereof sucl1 as a st1unp, root, branch, twig, bark, leaves, resin or tannin and a11y otl1er prodt1ct obtained from a forest including grass. "1viINISTEH." sl1,tll mean the Minister of Agriculture. "IVlINISTRY" sl1 all 1nean the Ministry of Agriculture. ''PI�RSON" sl1 a11 n1ean any natural or juridical person; "WILDLIFE'' shall include ''game'' and ''trophies'' as those terms are defined in t!1e Game Proclan1 ation, 1944 (No. 61 of 1944). 4. Desig,zation c111d Acl111i11istrc1tion of Stc1te Forest All forests presently or in future: a) ov;ned by or on behalf of tl1e Government; b) not owned or possessed by or on behalf of any person, are hereby de sig11ated state forests and shall be pr9tected , conserved, developed and utilized in accordance witl1 this Procl::lmation and regulations hereunder. .• •
5. Title to c111cl possessiori of Stc1te Forest
a) Title to all forests owned by or on behalf of the State (including forests owned by or on bel1alf of any ministry, department, agency or independent autl1ority of the Governn1ent) shall be transferred to the Ministry im mediately upon the con1ing into force of this Proclamation or immediately upo11 tl1e creatio11 or acquisition of such forest, whichever is sooner. b) Any person in possession of a state forest may be permitted to retain such possession until otl1erwise notified by tl1e Minister, a11 d the Minister may at hi� discretion for a valid purpose confer such possession on any person; provided l1ow�ve� , that any such per�on shall be required to protect, con serve and ma111ta1n such state forest 1n accordance with the law and shall p� rf?rm such functions and discharge such duties in respect to the ad _ m1n1strat1on thereof as would otherwise be performed or discharged by th �. Minister pursuant hereto, except tha t no such person shall remove, ut1l1ze, process or destroy any .forest product. fro m. a state. forest without the specific authorization of the Minister. , -54-
,.
PROCLAMATION
FoRM 7
c) Nothing contained in this Article 5 shall be deemed to authorize the grant of forest exploitation concession in respect of state forests; provided, how ever, that all such concessions entered into by the Government prior to the coming into force hereof are hereby confirmed subject to renegotiation as provided in Article 7 (h) thereof. 6. Jnalie11ability of State Forests: No state forest shall be alienated, either in whole or in part. 7. Powers of tl1e Mi11ister:
Except as otherwise expressly provided in this Proclamatio11, the Minister shall be the sole authority charged with the conservation, protection, manage ment and utilization of state forests and in particular, but without limitation, shall: a) arrange for the delimitation of all state forests by the placing of boundary markers; b) arrange for the registration of all state forests in the Register of Immov able Property established by tl1e Civil Code and, in addition, in a Central Forest Cadastral Register to be established witl1in the Ministry to i11clude all information concerni11g such forest which he n1ay deem relevant; c) arrange for the conservation, management and utilization of all state forests in accordance with modern scientific principles so as to e11sure a con tinuous and lasting supply of forest products; d) establish and supervise institutions and facilities for forest research and. administration and for the training of forest experts, technicians, guards and other personnel necessary for tl1e effective protection and adn1inistra tion of forests; e) ensure that proper legal measures includi11g tl1e establisl1ment of a forest service are taken for tl1e protection a11d preservation of state forests ancl the forest products and wildlife tl1erein i11cluding special n1easures with respect to fire, forest diseases, tl1eft, encroacl1ment, 1nisappropriatio11 and threatened damage of any kind; f) arrange for the disposition by sale of forest products according to a system of tender in cases where the value of the products to be sold exceeds one thousand dollars (Eth.$ l ,000) and by auction in all other cases; g) initiate legal expropriation proceedings for the extinction of adverse rights held or exercised in respect of state forests; h) renegotiate existing concessions .in respect of state forests to bring such concessions into conformity with the requiren1ents of this Proclamation; i) promote and arrange for the construction of access roads to or througl1 state forests; j) establish within state forests under administration of the Ministry or of persons to whom he may grant concessions for such purpose public recrea tional facilities including parks, wildlife reservations, rest-houses, camping areas and the like; and k) take all such other legal measures as may be necessary and proper to realise the purposes of this Proclamation. -55-
------ETI·IIOPIAN LEGAL FoRMBOOK
8. Pe11al perso11 who : a) removes, destroys, damages or falsifies in any manner any boundary marked out pursuant to Article 7 (a) hereof; A11y
b) removes, utilises, processes or destroys_ any fo_rest product from or within a state forest except in accordance with Art1�l� 7 (f) h� reof or as may otlierwise be permitted or a11thorised by the M1ruster_ or his duly _ delegated representative in accordance with the purpose of this Proclamation; ng you _ or sery ,?-Ur est for g erin ent ls, ma ani g zin gra by est � for e stat es nag c) dai forest plantation t11erein, propagating forest parasites, setting a f1re or any otl1er similar act; d) co11trave11es tl1e provisions of regulations hereunder respec� in¥ the � r?�ec tion, n1ai11 tenance and preservation of state parks or other _ similar fac11it1es; or e) interferes ,vitl1 or obstructs the in1plementatio11 of this Proclamation or regt1latio11s l1ereu11der shall be g11ilty of an offence and upon conviction shall be liable to pt1nishment in accordance witl1 the provisions of the Pe11al Code.
I
9. l1rzple111er1ti11g Regc1latio11s Tl1e Min.ister may issue regulations for tl1e i1npleme11tation of the purposes of tl1is Proclamation.
10. Effective Date This Proclamatio11 shall come into force 'on tl1e date of its publication in the Negarit Gazeta. .
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DONE AT ADDIS ABABA THIS 27TH DAY OF AUGUST •
1965.
TSAHAFE TAEZAZ AKLILU HABTE WOLD Pri/1'1.e Minister and Minister of Pe11.
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EDITORIAL NOTE _ A: Proclamation is a Form ?f Law wllich ha� been duly processed and enacted by a n1 �J �r1ty or bo� �ouses of Parliament and subm ;1.tted to the Emperor (through the Prime �1n �ster)_ for His f1na� approval. If so app_r�ved, 1t thereafter . becomes effective upon pub l1�ation 1n tl1e Negar1t Gazeta by the M1ruster of _ Pen. Legislation· may be proposed to e1t?,�r I-louse _ b y the_ -Emperor, l _O me ffi:b�,rs of �1ther Chamber, see Form 5 (D), or a !\11n1ster or M1n1sters 1.n the Council of Ministers, with the exception that all fiscal Bills must originate in the Chamber of Deputies. . . The Emperor may approve and sign a bill, or return it to Parliament with rec-omre�o�sidera �on, or considt:r it indefinitely. It both Houses cannot agree on a for_ mendations _ version of a B111, 1t 1s considered at a Joint Session and disposed pf through majority vote.
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FORM 8 DECREE (No. 48 of 1962) TI-IE CIVIL AVIATION DECREE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it is Our desire to establisl1 co11ditions whicl1 will foster a11d encourage the development of civil aviation tl1roughout Our Empire and, through s_uch progress ,. to secure the maximt1m benefits afforded by n1odern air transporta tion; and WHEREAS, a basic law is required iJ1 order to permit the regulation and control of civil aviation tbrougl1out Our En1pire in tl1e jnten1ational i11terests; and WHEREAS, there is need to provide for the proper dischargi.11g of tl1e obligations under various international agreen1ents a11d treaties to whicl1 Ou.r Empire is, or may become, a party, and particularly under Convention 011 Interna tional Civil Aviation opened for sigi1ature at Cl1icago on 7 December 1944, wl1icl1 is a part of the Su.preme Law of Our E1npire as defined in Article I 22 of Our Revised Constitution; and · WHEREAS, We have ordered the establishn1ent of a Civil Aviatio11 Boarcl by Order No. 25 of 1962 to establisl1 a11d determine civil aviatio11 policies a11cl programmes;· and WHEREAS, We have ordered the establisl1rnent of a Civil Aviatio11 Ad ministration by said Order No. 25 of 1962 to execute a11d enforce Civil Aviation policies and programmes : NOW, THEREFORE, in accordance with Article 92 of Ot1r Revised Co11stitution and upon the advice of Ot1r Cou11cil of Ministers, \Ve hereby decree as follows: 1. This Decree may be cited as the ''Civil Aviatio11 Decree, 1962". 2. (a) The Civil Aviation Administration of Our Governn1ent shall, in accord ance with law and under the supervision of Our Minister of Pt1blic Works and Communications, have the power to control and regulate the ma11u facture, possession, use, operation, sale, import and export of a.11 aircraft in or over the territory and territorial waters of Our Empire, and to determine the conditions under which aircraft registered in Our Empire may be operated over the high seas or territory not within Our Empire. (b) Without limiting the generality of the foregoing, the Civil Aviation Ad ministration shall have, i n accordance with law, the power to: (i) license pilots and other persons engaged in the navigation of aircraft, and to suspend and revoke such licenses; - 51--·
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af t� rc ai se en lic d an fy rti ce � t, ec � sp i11 y, tif en r, id ste (ii) regi ... es on 1l1a at1 fac v1g na air d an rts po air all te ula reg d aii ct pe ins (iii) license, and services; or erop ed be us y ma ft cra air ich wh r de tin ns itio nd co (iv) detern1 ine the ated; (v) determine the conditio11s under which goods, mail and passengers n1 ay be transported in aircraft; (vi) prol1ibit navigation of aircraft over prescribed areas. within and with out Our En1pire, either at all tin1es or at sucl� tlll1es or . on such co11ditions only as may be specified by regulation, and either ab solutely or subject to sucl1 exceptions or conditions as may be specified; (vii) deter1nine tl1e areas witl1in wl1icl1 aircraft coming from any place outside Our Empire n1ay land, and the conditions to be complied witl1 by a11y st1cl1 aircraft; (viii) regt1late and co11trol aerial routes and to determine their use; (ix) en.force sucl1 lav1s, rules and regulations as may be enacted or pre scribed with respect to tl1e safe ai1d proper navigation of aircraft in or over the territory or territorial waters of Our Empire, and of aircraft registered in Our Empire, wherever such aircraft may be; (x) deterr11ir1e the economic requiren1ents with wl1ich operators of various classes of aircraft shall comply; (xi) detern1ine tl1e terms and conditions under wl1icl1 concessions or rights ,vill be granted to or issued for the commercial operations of air craft; (xii) deter1nine the rates to be cl1arged for the use of aircraft and aero11autical facilities and services provided by or on behalf of the In1perial Etl1iopian Government, a11d the rates for the use of such otl1er facilities, property or services in connection witl1 civil aviation as tl1e Civil Aviation Administration may deem appropriate; (xiii) determine the rates and tariffs to be applied in respect of the com mercial operation of aircraft; and (xiv) investigate any accide11t arising out of, or in the course of, air navigation of any aircraft i11 or over the territory or territorial waters of Our E1npire or of any aircraft registered in Our Empire, wherever located. 3. Our Minister of Public Works and Con1munications inay, upon the recom me11datio11 of tl1e Civil Aviation Board, issue regulations: (a) to ensure observance of tl1e provisions of the Convention on International Civil Aviation opened for signature at Chicago on 7 December, 1944 and of any Annex �s thereto which are, or may be from time to time, a.ccepted by Our Empi :e, a!ld any other International Convention or Agreement . _ related to C1v1l Aviation to which Our Empire is or becomes a party; a.nd (b) generally, for the better carrying out of the provisions hereof. -58-
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DECREE
FORM 8
4. (a) Any regulations issued u.nder Article 3 hereof may authorise the Civil Aviation Administration to issue directions with respect to such matters as may be prescribed in said regulations. (b) Without limiting the generality of the foregoing tl1e Civil Aviation Ad ministration may be autl1orised by regulations : (i) to construct or provide for, establish, 1naintain and operate airports, air navigation and metereological facilities and all services necessary for the safe, regular and economical operation of civil aircraft into or over the territory and territorial waters of Ot1r Empire; (ii) to collect or arrange for the collection of sucl1 charges for the t1se of airports and air navigation facilities and services and sucl1 otl1er charges as may be established pursuant to sucl1 regulations; and (iii) to establisl1, collect or arrange for the collectio11 of fees in connec tion \vith the issuance of licences, certificates and other documer1ts required by regulations issued pursuant hereto. (c) Regulations issued under Article 3 hereof shall, if deemed necessary or appropriate by Our Minister of Public Works and Communications upon tl1e recommendation of the Civil Aviation Board, be published jn the Negarit Gazeta. 5. Any person who violates the provisions of this Decree shall be punished ur1der the provision of the Ethiopian Penal Code of 1957. 6. This Decree shall come into force on the date of its publication in the Negarit Gazeta. DONE AT ADDIS ABABA, TI·IIS 27TH DAY OF AUGUST,
1962.
TSAHAFE TAEZAZ AKLILU I-IABTE WOLD Prin1e Mi11ister c111d Mi11ister of J)erz .
EDITORIAL NOTE A Decree is a Form of Law promulgated by the En1peror alone, in cases of en1crgency, when Parliament is not in session. Under Article 9 of the Constitution of 1931, if Parliarr1ent did not expressly ratify such a Decree at its next session, the Decree \Vas automatically abrogated for the future. Under Article 92 of the Revised Constitution of 1955, tl1e Decree rema1ns in effect indefinitely until such time as Parlian1ent expressly rejects it by a majority vote of both Houses. Form 9 is an example of such express approval of a Decree by Parliament. Form 10 is an example of express disapproval of a Decree by Parliament. As might be expected, most Decrees are ratified by ParHament. Occasionally, Parliarnent neither ratifies nor rejects a Decree, in which event the Decree retains its status as Law. An example of this practice would be Decree No. 45 of 1961 whicl1 prescribes flogging for penal offenses concerning the "disturbance of public opinion." Although the Chamber of Deputies voted to reject it, no action was taken by the Senate. So the Decree is still in effect today since it was not repealed by a majority vote of both Houses of Parliament. A Decree may also repeal or amend a Proclamation. Thus, Decree No. 17 of 1956 repealed Proclamation No. 143 of 1954 (Payment of Federal Tax) and Decree No. 18 of 1956 amended Proclamation No. 40 of 1943 (Alcohol Excise Duty). A Decree as a Form of Law, as that term is used throughout this text. must be dis tinguishe.d from a decree that is issued in a judicial proceeding which the Civil Procedure
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ETI-IIOPIAN LEGAL FoRMBOOK
l tl1e ma an for me lJ sha e cre de "A s: low fol as es fin de Code of 1965, Article 3, specifically concerns the court as so far , ich wh n tio ica jud ad al fin or ry a . lin lin expression of any pre or aoy of the all g nin cer con s rtie pa the of hts rig the s ine erm ely det expressing it, conclusiv matters in dispute in the suit." tices on Decrees No d an ns tio ma cla Pro d an es cre De ing ow le (sh tab g Tl1c follo\vin pared by s pre wa ), 963 7-1 195 of iod per the ing dur a ze/ it Ga gar promulgated in tl1e Ne y. rsit ive Un I sie las Sel ile Ha w, La of y ult Fac the of ate oci Ass Christopher Clapl1an1, Research over the years Note the corresponding decrease in Decrees and increase in Proclamations indicative of the gro'v\,th. and strength of Parliament. 1957 PROCLAr-iATIONS
157/57 2J Feb. 158/ 57 23 July 159 DECREES UNDER.
1/57 2/57 24/57 25/57 26 / 57 27/57 28/57 29/57 30/57
25 25 10 10 31 31 31 31 31
1957 Federal Crimes (An1endment) 1957 Penal Code [appears to be missing]
An1·1cLE 92 Sept. 1957 Sept. 1957 Oct. 1957 Oct. 1957 Oct. 1957 Oct. 1957 Oct. 1957 Oct. 1957 Oct. 1957
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Local Products Excise Tax Annual Highway Renovation Expenditure (Amendmont) Tobacco Regie (Amendment) Local Products Excise Tax (Amendment) Stamp Duty Business Enterprises Registration National Coffee Board Coffee Cleaning & Grading (Amendment) Grain Board (Amendment)
l 958 PROCLAMA1·IoNS
160/58 27 Aug. 1958 Budget Proclamation 1950 EC 92 31/58 30 Sept. 1958 Aut �ority to issue Orders (Amendme11t) 32/58 30 Sept. 1958 Auditor General (Functions) .' ·
DECREES UNDER ARTICLE
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1959 PROCLAMATIONS '
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161/59 28 July 162/59
1959 Budget Proclan1ation, 1951 EC 1959 Fiscal Year Proclamation
Oct.
92 1959 1959 1959 1959 1959 1959 1959 1959
Alcohol Production Tax Federal Alcol1ol Consumption Tax Income ·rax (Amendment) Federal Transaction Tax (Amendment) Health Tax Tobacco Regie (Amendment) Federal Salt Tax (Amendment) 1::-ederal Excise Tax (Amendment)
Mar. May May May May May June June
1960 1960 1960 1960 1960 1960 1960 1960.
Ethic-Franco Railway Treaty Maritime Code Civil Code Commercial Code Budget Proclamation, 1952 EC Chamber of Deputies Electoral Law (Amendment) Budget Proclamation, 1953 EC I.B.T.E. (Amendment)
DECREES UNDER ARTICLE
32/59 33 /59 34/59 35/59 36/59 . 37/59 38/59 39/59
27 27 31 31 31 2 2 2
At1g. Aug. Aug. Aug. Aug. Oct.
Oct.
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1960 PROCLAMATIONS
163/60 164/60 165/60 1 .66/60 167/60 168/60 169/60 170/60
30 5 5 5 31 31 22 22
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DECJlEE DECREES
UNDER ARTICLE 92
41/60 42/60 43/60 44/60
28 28 20 27
July July Oct. Oct.
1960 1960 1960 1960
Building Materials Excise Tax National Lottery Annual Highway Renovation Expenditure (Amendment) Farm Workers Cooperatives
Jan. Jan. Jan. Jan. Feb. May Nov.
1960 1960 1960 1960 1960 1960 1960
Decree Decree Decree Decree Decree Decree Decree
Mar. Apr. June June June June June Sept. Oct. Oct Oct. Oct Oct. Oct. Nov.
1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961
Anin1al Diseases Control Government Bonds Income T�� D.L.F. Loan Agreement Guarantee I.B.R.D. Loan Agreement Guarantee Budget Proclamation, 1954 EC External Loan Proclamation Amending Decree 28 /57 Amending Decree 32/58 Amending Decree 32/59, renumbered 33 /59 Amending Decree 33/59, renumbered 34/59 Amending Decree 37/59, renurnbered 38/ 59 Amending Decree 42/60 Amending Decree 27/57 Criminal Procedure Code
NOTICES OF APPROVAL
l /60 2/60 3/60 4 / 60 5I 60 6/60 7/60
1 1 30 30 29 31 30
23 /57 24/57 29/57 30/57 36 /59, renurnbered 3 7/59 39/59, renumbered 40/59 38/59, renumbered 39 /59
1961 PROCLAMATIONS
171/61 172/61 173/61 174/61 175/61 176/61 177/61 178/61 179/61 180/61 181/61 182/61 183/61 I 84 I 61
4 29 2 2 2 22 22 25 20 20 20 20 20 20 2
92 45 I 61 28 June 1961 Penal Code (Penalties) 46/61 31 Aug. 1961 Public Servants Pensio11 47/61 3 I Aug. 1961 Imperial Savings & I-Jome O,vnership Association
DECREES UNO.ER ARTICLE
1962 PROCLAMATIONS
185/62 186/62 187/62 188/62 189/62 190/62 191 /62 192/62 193/62 194/62 195/62
29 9 30 30 30 30 7 22 28 24 31
FORM 8
Jan. Mar. Apr. Apr. May May June June June Nov. Dec.
1962 1962 1962 -1962 1962 1962 1962 1962 1962 1962 1962
D.8.E. - I.B.R.D. Loan Agreement Guarantee Czechoslovak Eco.nomic Agreement Men1bers of Parliament Salaries Amending Decree 47/61 I.B.T.E. - I.B.R.D. Loan Agreement Guarantee Soviet Credit Agreen1ent Yugoslav Credit Agreement Sup_plementary Budget Proclamation, 1954 EC Budget Proclamation, 1955 EC I.B.T.E. - I.B.R.D. Loan Guarantee Approval Courts
92 48/62 27 Aug. 1962 Civil Aviation 49/62 5 Sept. 1962 Labour Relations
DECREES UNDER ARTICLE
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ETI{JOPIAN LEGAL FORMBOOK 1 963 PROCLAMATIONS
196/63 197/63 198/63 199/63 200/63 201/63 202/63 203/63 204/63 205/63 206/63 207/63 208/63 209/63 210/63 211/63
29 Jan. 22 June 28 June 8 July 8 July 8 July 12 July 12 July 13 July 14 July 27 July 27 July 31 Aug. 5 Sept. 1 Nov. 25 Dec.
1963 1963 1963 1963 1963 1963 1963 1963 1963 1963 1963 1963 1963 1963 1963 1963
Fiscal Year (Amendment) Supplen1entary Budget Proclamation, 1955 EC Budget Proclao1ation, 1956 EC Public Servants Pensions Contribution Yugoslav Credit Agreement (Amendment) I.D.A. 3rd lligt1,vay Projects Credit Agreement Charter of O.A.U. Approval Proclamation Courts (Amendn1ent) Excise Tax Transaction Tax Monetary and Banking Disposing of Assets & Liabilities of State Bank of Ethiopia Weights & Nleasures Amending Decree 46/61 Amending Decree 49/62 Foreign Exchange
92 50 I 63 2 Sept. 1963 Unfair Trade Practices 51/63 16 Sept. 1963 Investment
DECREES UNDER ARTICLE
NOTICC OF DISAPPROVAL
1/63 30 Mar. 1963
Decree 41/60
NOTICE OF f,PPROVAL
8 I 63
28 Feb.
1963 Decree 48/62
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FORM 9 NOTICE OF APPROVAL No. I of 1960 (Decree No. 23 of 1957) Decree No. 23 of 1957 having been duly transn1itted to Parliament for con sideration pursuant to Article 92 of the .Revised Constitution, a11d d11e notice having been given by Parliament of the approval of said Decree, ''The Annual Highway Renovation Expenditure (Amendment) Decree, 1957'', pursuant to said Article 92, continues i n force as law. DONE AT
Aoors
ABABA, Tl-JIS 1ST DAY OF JANUARY,
1960.
TSAHAFE TAEZAZ AKLILU HABTE WOLD Depitt)' Pri,rze Minister a11d 'A1i,iister of Pe,i EDITORIAL NOTE A Notice of Approval as a Form of La,.,, is the express approval by a majority vote of both Houses of Parliament of a Decree previously issued by the Emperor under Article 92 of the Constitution. Note that Parlian1ent alone ca.nnot an1end a Decree. It may only approve or disapprove of the Decree in the exact forn1 in ,vhicl1 it was promulgated by the Emperor. See also Decree, FORM 8. If Parliament amends a Decree witl1 tl1e approval of the Emperor, the resulting law is promulgated as a Proclamation. E.g., Labour Relations Proclamation No. 210 of 1963, approving the J_abour Relations Decree No. 49 of 1962, with amendments.
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FORM 10 NOTICE OF DISAPPROVAL No. 1 of 1963 (DECREE
No. 41
OF
1960)
Decree No. 41 of 1960 l1aving been d11ly transmitted to Parliament for con -sideration purs11ant to Article 92 of tl1e Revised Constitution, and notice having been give11 by Parliament of the disap proval of said Decree, the ''Building rviaterials Excise Tax Decree No. 41 of 1960'', pursuant to said Article 92, ceases to l1 a\re force and effect as from ilie date of publication hereof. DONE AT ADDIS ABABA TI-US
30TH
DAY OF MARCH,
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TSAHAFE TAEZAZ AKLILU HABTE WOLD Pri,ne Minister a11d Mi11.ister of Peri
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EDITORIAL NOTE A Notice of Disap1Jroval is tl1e joint action by both Houses of Parliame11t through � ·majority vote of each House expressly rejecting a Decree \vhich had been previously pro mu]gated by tl1 e Emperor under Article 92 of the Constitution. See Form 8. The Decree -ceases to have any legal effect upon publication of the Notice of Disapproval in the Negarit ,Gazeta. See Form 2. To date, only one Notice of Disapproval has been issued by Parlia.ment.
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FORM 11 ORDER
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(No. 25 of · 1962) AN ORDER TO PROVIDE FOR THE CREATION OF A CIVIL AVIATION A:DMINISTRATION .
CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA .. . .
· WHEREAS, there is a 11eed to develop an efficient organization for the tecl1nical adminislration and economic regulation of civil aviation in a manner which will most effectjvely assist tl1e economic development of Our Empire;
NOW, THEREFORE, in accordance witl1 Article 27 of Our Revised Consti tution, and on the advice of Our Council of Ministers, We hereby order as follows: I. This Order may be cited as the ''Civil Aviation Order, 1962''. 2. There is l1ereby created and established within the MinistrJ of Public V/orlcs · and Communications an ·indepe11dent Adn1i11istration, to be known as il1e Civil Aviation Administration. The Civil Aviation Administration shall have its own budget and shall act independently u11der the -supervisio11 of Ot1r Minister of Public Works and Communications. 3. The Civil Aviation Administration shall comprise: (a) an Administrator of Civil Aviation, who shall be responsible for the ex ecution of policies establis)1ed by tl1e Civil Aviati·on Bqard and tl1e en forcement of regulatio1is promulgated by Our Minister of Public Works and Communications pursuant to this Order and other rele,,ant laws. The Administrator of Civil Aviation .shall be appointed by Us; (b) A Civil Aviation Board,. consisting of. not less. than five (5) members, and a Chairman from among these members, all as appointed by Us from time to time. The Board shall n1ake reconunendations on civil aviation policies and the administration of civil aviatipn matters.. The Board shall determine the necessary rules for its procedures; and (c) necessary staff and personnel. 4. The Civil A viation Administration shall, in accordance with ·relevant laws, be resp9nsible for: . (a) the establishment and enforcement of civil aviation polici�s and pro grammes; (o) the establishment of such administrative o�ganization as is necessary and conducive to the proper execution and administration of all civil aviation policies and programmes; - 65-
MBOOK R O f L A G E L N JA P JO I·I T E
d n g a ; et d u b s il o f n o ti ta en s (c ) lhe preparation a11d pre ed in it by be st ve ay m as s n io ct n fu al n o ti di ad (d) the discharging of sucl1 law. o n the recom up '. a) s n1 n io at ic un m m o C d an ks 5. Our Minister of Public Wor ons as are neces ti la gu re ch su e su is , d o ar B n io at vi mendation o f tl1e Civil A of this Order. n io ut ec ex er p ro p e th sal)' and conducive to p n io at in the lic ub s it of te da e th on up e rc fo to in e m 6. Tl1 is Order shall co J'-leg arit Gazeta. DONE AT ADDIS ABABA, Tl-11S 27TI-I DAY OF AUGUST, 1962. TSAHAl�E TAEZAZ AKLILU HABTE WOLD Pri11ze A1iriister arzd Mi11ister of Pe11
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EDITORIAL NOTE un der His own sovereign ne alo or per Em the by ed issu \v J_a of n1 for a er is Ord 1 1 ,'\ 33, 34 and 36) 29, 28, 27, 26, es ticl (Ar II er apt Ch in efly chi out sel cs, z!tiv rog y;;rc and pO\'-'.::.r:: hority in matters aut e rem sup tl1e t ves o11s visi pro ese Th 5. 195 of on i!1ti nsti <:o d visc l'-. of the <: out com with ctly dire ers Ord e issu to or per En1 the in on rati nisl dn1i t /' y itar Iv1il and o? i::ivil tion, powers, duties, n1nnic,1ti i;L� thr; s::.nic to Par}i[lmcnt. Such n1atters include the organiza riron:ir.,!ions :lnd t.ran�fcr of all Ivlinistcrs and Government officials, and many other similar affnirs of t11e Governn1i;;nt of Ethiopi:1. An example of an important such Order which officially appeared in the 1,1eg�rit Gazeta is Order No. 7 of 1952 "Designation, Extension :ind D,:::finition :)f the !'.'o\vcrs of ?,-linisters", pursuant to Article 11 of the 1931 Constitution, \·,;hich ,v:is th1� ba'.Sis o( exe:cLtlivc po\vcr of tl1c En1peror ' before the Revised Constitution o[ 1955. Iv{osi: ()rders <ii"c ifsu�d t.:ridr�r /..rticle 27 of the Constitution, relating to the organization of tl1c Gove�r_1m:nt. An ex:n11;Ie of otl1er types of Orders would be Th e State of Emergency on the Son1al1a Border, Orucr 1·-Io. 32 of 1964 under Article 36 of the Constitution. Orders issued during the sa.n1ple period 1957-1964 are as follows: 15/57 29 Jan. 1957 l·lation::i.l Commt1nity Developn1ent 16/57 ;9 Jan. 1957 B�a�d of National Community Development 17 /57 -8 June 1957 l'Vl1n1stry of the Imperial Court 18/57 30 !�ov. 1957 National Defence Council 19/58 28 Feb. 1958 Ministry of Stores and Supply 20 158 31 Mar. 1958 Defining tl1e pov,ers and duties of the Ministry of Pensions 21/58 31 Oct 1958 l1l1pcrial Territorial Army 22/59 28 Feb. 1959 l\1alaria Er::idication 22/60 28 July 1960 1-Ieallh Tax Administration 23/61 20 Oct. 1961 Central Personnel Agency and Public Service 24/62 23 Jan. 1962 Arn1y Badges of Rank 25/62 27 Aug. 1962 Civil Aviation 26/62 5 Sept 1962 Public Employment Administration .Modern Orders invariably include in · tJ1_e preamble the statement "On the advice of Our Council of Ministers." An Order as a Form 0� 1:aw, as that term is used thr ough'?l1l this text, n1ust be distinguislled from an order_ �at 1s 1ss1;1ed proceeding which judicial a in tl1e Civil Procedure of 196S, Artie e �'- specifically defines r shall orde "An follows: as � mea11 the forn1al expression of anY ec1s1on of a court \vhich is not a decree.,. . . Article 44 of the Rev1se d Const1tution of 1955 a d Arti c1e 1463 of the C1v e 0f Cod 1 ·1 · . " . . � 1960, among other provisions, both ed v p�o 10 ap be to rs" are de i�h Or wh l_ r1a ste in! M by the Council of Ministers and sh��fJ � pu_hl1shed 1n the Negant Gazeta. Used 1nfred . quently, recent examples would be the MlntSle Education � al 1 Order of M_inistry �� of ;. Fi�e. Arts concerning "examination � tandard5 and the M1n1stenal Order of the Pnroe . M1n1ster governing Ethiopian Un,·verst ty Service.
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FORM 12 LEGAL NOTICE
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(No. 302 of ·1964) '
REGULATIONS ISSUED PURSUANT TO THE LA.BOUR RELATIONS PROCLAMATION, 1963 1. Jssi,i11g Authority. '
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These Regulations are issued by the Minister of National Community Development pursuant to authority vested in hin1 ·by Article 37 of the L'abour Relations Proclam'ation, 1963 (Proclamation No. 210 of 1963). 2. Short Title.
These Regulations may be cited as the ''Minimum Labour Co11ditions Re gulations, 1964''. 3. Definitions. requires: As used in these Regulations, unless tl1e context otherwise . . .
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(I) ''employee'' shall mean any physical person bo11nd under a contract of employment as defined in Article 2512 of tl1e Civil Code, and sl1all include any person whose work bas ceased as a conseq11ence of, or i11 connec tion with, any- labour dispute or unfair labour practice carried on by an employer and who l1as not obtai11ed. any other regular and substantiaily equivalent employment, but sl1all not include a11y person e1nployed as: (a) a manager, director, superintendent or representative of a11 employer or a person performing similar d11ties on behalf of an employ·er; (b) a domestic servant; (c) an agricultural or pastoral employee on a farm having less than ten (10) perm�nent employees other than those whose work is of a sea sonal nature; (d) a Public Servant as defined in Article 3 of the Central Personnel Agency and Public Servants Order, 1961; provided, however, that persons employed by any industri�, commercial or other profit making enterprise administered by the Government or its administra tive or technical departments shall not, for the purposes hereof, be considered as Public Servants;
(2) ''employer'' shall mean any person who bas work done by an employee as defined herein,' and shall include any industrial, commercial or other profit-making enterprise administered by the Government or 'its adminis trative o-r technical departments or any person acting, whether directly or indirectly, in the interests of or agent of an employer;· - 67 -·
ETI-IIOPIAN LEGAL FORMBOOK
(3) "inte11nitte11t work'' sl1all 111ea11 work performed only at intervals but re quiring the continuous presence of the employee �t � s work place or at a place where tl1e equipn1ent witl1 which he works 1s situated; (4) ''legal arrangements'' sl1all mean all legislation. ��gistered collective agree ments, and arbitral and judicial awards and dec1s1ons of the Labour Rela lions Board relati11g to labotrr conditions;
- - 4. S'cc)JJe of c1pJJlicc1tio,1. Except a.s othe1vvise expressly provided herein. these Regulations s�all apply Lo a II e111 plo.yecs engaged i11 indt1strial, com111ercial and other profit-seeking c11lcrpriscs; provided, ho\vevcr, tl1at only Arti� les 5, 6, . 9 an� 10 .hereo� shall l.LiJPl)r io l10111c\.\1orl(ers e11gaged in the e11terpr1ses described 1 n this Article 4.
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( ! ) ·r·11e regular hours of work for :1ny employee sl1all not exceed eight (8) l1ot1rs per day nor forty-eight (48) l1ours per week. (2) \\1 l1ere work in any enlerprise is performed in sl1if1s, the regular hours of ¥/ork for any e1nployee n1ay be extended to nine (9) hours per day; r1rovidcd, however, that tl1e average nu1nber of regular hours of work for a11y such e1nployee over a period of three (3) weeks sl1all not exceed (8) l1ot1rs per day nor forty-eigl1t hours per week. (3) \.Vorking time in excess of the regular hours of work as set forth in paragrapl1s (1) a11d (2) of this Article 7 sl1all be regarded as overtime. (4) The provisions of paragraph (3) of tl1is Article 7 sl1all not apply to inter mittent work:; provided, l1owever. that any person employed in such work sl1all ordinarily be granted a minin1un1 of te11 (10) hours of continuous rest i11 every twenl)r-four (24) l1our period� and provided, further, that in tl1e case of a person en1ployed as a driver or cl1auffeur, his actual driving time shall not exceed nine (9) hours in any period of twenty-four (24) hours. 8. Co1111Je11satio11 for overti111e. (l) For overtime work performed before ten o'clock i n the evening (10: 00 p.m.) an employee shall be e11titled to compensation at a rate of one and one-quarter (l¼) times his ordinary hourly rate. (2) For overtime work performed between t'1n o'clock in the evening (10: 00 p.�.) and six o'clock .in tl1e morning (6: 00 a.m.) an employee shall be entitled to compensation at a rate of one and one-half (I½) times his ordinary hourly rate. - 68-
LEGAL NOTICE
FoR�I 12
(3) For overtin1e work performed in accordance with tl1e law on any of tl1e paid public holidays as determined pt1rsuant to paragraph (1) of Article 6 hereof, an e.mployee shall be entitled to compensation at a rate of two and one-half (2½) times his. ordinary hot1rly rate. 9. Severance Pay. (1) Where an employer, without good cause, terminates a contract of em ployment which has lasted for more than one (I) year, the employee shall be entitled to compensation equal to thirty (30) times the average daily wage received by or due to him during the six (6) immediately preceding periods of payment: during which he has been in the service of his present employer. (2) Severance pay shall be increased by twenty-five percent (25 %) for each year of continuous employment i n tl1e service of his present employer .. after tl1e first year; provided, however, that in no case sl1all such sever ance pay exceed· ·one hun·dred: eigl1ty (180) ti1nes said average daily· wage: I
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10. More Favot1rable Conditions. Nothing contained in these Regulations shall be deemed in any way to lin1it or restrict the terms of any individual contract of employ1nent, staff rule, registered collective agreement, award, or any other legal arrangen1ents pre sently or hereafter to be established wl1ereby labour conditions more favot1r able to employees than those herein provided are secured. 11. Effective Date. These Regulations shall enter into force two (2) months after tl1e date of their publication in the Negarit Gazeta. DONE AT ADDIS ABABA, TlllS 30TI·I DAY OF DECET\1BER
1964.
GETAHOUN TESSEMA Mi11ister of Natio11al Co1111nt111ity De, 1elop111ent EDITORIAL NOTE A Legal Notice is the Form of La,v used n1ost often to promulgate Rules and Regul:i tions for the purpose of executing the provisions of a Proclamation, Decree or Order. Such Rules or Regulations are k.no,vn as subsidiary or delegated legislation, since they can only be issued on the basis of authority conferred by legislation enacted in a formal con stitutional manner. Legal Notice is also the Form currently used to promulgate municipal legislation. See Form 16. For example: (1) Under Proclamation No. 173 of 1961 _ pursuant to A� ticle 71, the Minister of Finance bas issued Income Tax Regulations, Legal Notice No. 258 of 1962. (2) Under Decree No. 28 of 1956 pursuant and Industry has issued National Coffee of 1959. (3) Under Order No. 26 of 1962 pursuant to munity Development bas isst1ed Public Legal Notice No. 267 of 1962.
to Article 11, the Minister of Comn1erce Board Regulations, Legal Notice No. 218
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Article 18, tbe Minister of National Com Employment Administration Regulatjons,
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FORM 13 GENERAL NOTICE (No. 106 of 1948) I-Iis ln1perial MajesLy l1as been pleased to make the following appointment : 1st May, 1948. Bri,gadier Ge11eral Abiy Abebe to be Vice-Minister of the Ministry of War.
TSAI-IAFE TAEZAZ WELDE GUIORGUIS Mi11ister of the Pen EDITORIAL NOTE Appointments, a\vards, annou11cen1e11ts, financial statements of public agencies or cor� pora1ions :1nci rciai,-:cl matters usually appear in the Ncgarit Gazeta in the form of General
1'--Iotices.
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FORM 14 NOTICE (No. 10 of 1950)
STATEMENT OF POLICY FOR THE ENCOURAGEMENT OF FOREIGN CAPITAL INVESTMENT IN ETHIOPIA The Imperial Ethiopian Government has decided upon a general working policy for the encouragement of foreign capital investment in Ethiopia on enter prises deemed to be beneficial to the country. For the achievement of this policy, the Government is prepared to grant special facilities to new enterprises started in Ethiopia with foreign capital. The following are the benefits which are calculated to stimt1late confidence on foreign investors of their status in Ethiopia.
1. TAX New enterprises will be free from payment of profit tax for five )'ears fron1 the date production is started.
2.
CuSTOMS DUTY
The necessary machinery imported into Ethiopia for the installation of the factory will be free from payment of customs duties. 3.
REMITTANCES A.BROAD
Permission will be accorded to foreign capitalists to remit abroad annually a fixed percentage of the profit earned accordi11g to the capital invested to enable them to distribute dividends to shareholders or for payment of interest, in foreign currency. Foreign residents. who have subscribed funds in industrial enterprises will be permitted to take out their capital gradt1ally, little by little, upon prepara tion of the average net amortization Schedule. DONE AT ADDIS ABABA Tl-IIS 28TII DAY OF FEBRUARY,
1950
MAKONNEN HABTE WOLD Minister of Fi11ance EDITORIAL NOTE Although Notices are required to be published in the Negarit Gazeta, see Form 2, they are not really Forms of Law but rather vel1icles for the announcement of certain matters of public interest. Few Notices have appeared in recent years and the text of Form 14 reproduced above has been superceded by Investment Decree No. 51 of 1963.
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FORM 15 RULES AND NS ATIO REGUL N O I T A L U G E R L A R E 15 (A) GEN 4 6 9 1 ) f o 2 0 3 . o N E C I T (LEGA.L NO
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See Form 12.
FOPJv.l 15 (B) (I) GO'/J2,'i�i'Jfv1ENT/·�L IJ-J'fERT,J1-\L PROCEDURES AND PRACTICES THE LIGABA 01:-.FICE OF PUBLIC RELATIONS ('{E;:-IEZIB GUDAIE MAKREBIA) ItULES /V.fD REGULATIONS 1935 E.C. CHAPTER 1 GENERAL
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FIRST
· The office of Public Relatio11s presents to His Imperial Majesty all petiti�ns directed to I-Iim a1id secs to it tl1at tl1ey are effected. In p articular the following belong to its jurisdiction.
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I. Cases of patriots to be presented to His Majesty. 2. Disputes arisi11g ot1t of Maderia lands. 3. Applications of petitioners. 4. Cases of sons of patriots.
5. Cases of sons and \Vives of patriots or service men.
t uain q in particular tl1ose without helpers or ac
6· Cases of ex-servjce n1e11, ances. 7. Errand duties outside the palace.
s case their 8· 111 ge neral receives the �etitions of those who want to present _ _ or grievances to His MaJesty. - 7""1-
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REGULATIONS AND RULES
FORM
15
SECOND
His Majesty's Ligaba is responsible for the effective carrying out of the d11ties. of the office of Public Relations. THIRD
The office of Public Relations shall have, so far as necessary to assist the Ligaba in his duties, a Dej Agafari (Asst. Ligaba), one chief secretary, inspectors and several other secretaries and office men as are necessary for tl1e effective carrying out of the work. CHAPTER 2 •
EXECUTIVE OFFICE FoURTlI
T'he exect1tive office (of the office of Public Relations) shall co11sist of the following: l. The office of the Ligaba. · · ·2. Petitions inquiry office. · 3. An inquiry_ office to investigafe ·ctisputies arising out of Maderia Jai1ds and cases of government service men. 4. Office · to · ·.uicjuire into cases arising·· out of tl1e decisioi1s · �f the La11c! Restoration a.nd Compensation. Comn1ission and of Patriots and \�/ar time exiles. 5. Office to inquire into applications and petitions.. CHAPTER 3 . THE LIGABA'S OF. FICE •
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FIFTH
His Majesty's Ligaba under tl1e assistance of one chief secretary and one assistant secretary shall review cases forwarded to it by its branch offices and will present to His Majesty those cases which have been duly forwarded to him. SIXTI-I
His Majesty's Ligaba shall receive petitions and applications to be presented to His Majesty and shall send the same to the branch offices, to wl1ichever is con cerned, for further proceedings. After such proceedings l1e shall then duly present to His Majesty those cases which he deems should be so presented. B11t he could himself decide on cases which he thinks have no merit. - 73 -
ETHIOPIAN LEGAL foRMBOOK
SEVENTH
His Majesty s Ligaba shall act as pr�sident . to the commis�i�n which hears �disputes on Maderia lands, arising after being reviewed by the Mimstry of Interior ,or Ministry of \Var and petitio11er wants his case to be presented to His Majesty. In his absence tl1e Dej Agafari sl1all sit as vice president. 1
CHAPTER 4 PETITIONS INQUIRY OFFICE EIGf-ITI-1
Tl1 e pelilio11 inquiry office sl1all receive public grie vances comin g from any .. 11ccs. 1lt sl-1.all sttidy tl1e causes and shall present to His Maj esty · ;el :.:1.; JJrori · :,�f t11e t v1 _ 111c c(:i111 p! 1.11i ls JJ1a·J0 by t!1c people. l·JINTI·l
office shall con1prise tl1ree offices with three se1. Sltoa J{arar Vvollo
2. Tigre Begemdir Gojam Wollega
3. Illubabor Gimm.a Backo Gemu Sidamo
TENTH
Tl1e thre� offi�es sh:111, after detailed investigation, prepare a short report to be rese . l, ted LO l-Iis :tviaJe sly 011 petitions coming from any Awra1·a to their res p. pec�1ve deparlme11ts. ELEVENTH
The off ice should work ·reso . I_u_te1Y afl<l ren�e decisions as quickly as P?�sible � so as to enliance the uick c sposi on of all t1t1oner pe et p t s no at on d th re i an su en 1 t 1 t will be ill-treated as ; resttlt_1
CHAPTER 5 DISPUTES A.RISING OUT OF MADERIA LAND TWELFTI-1
. . A commission of three to f"1 Agafari has been established f �� chaired by His Majesty's Ligaba or the DeJ or. isputes arising out of Maderia land. This coxn mission shall have thre e secre taries. -74-
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-------------------------------------- -REGULATIONS AND RULES.
FORM
15
DUTIES OF , TFlE COMMISSION
A) Review applications of petitioners who complain that the Maderia land assigned (or recommended) to them by either the Ministry of War or the Ministry of Interior is not what they are actually entitled to or is less tl1an what they ex pected to get.
B) Request explanation or recommendation from tl1e Ministry of War or of Interior and if necessary from the Ministry of Pen, if such explanation is deemed essential for a clear understanding of the case. C) Evaluate and find out whether the petition has merit or not.
D) After the investigation is over, to see to it that tl1ose petitions are com plied with and decision is given accordingly. E) To give and present its decisions to His Majesty whe11ever His Majesty ·assigns the Ligaba's commission to hear and determine a certain case brought before Him. TH1RTEENTI-I
All recommendations given or cases investigated by the commission sl1all be
·made final upon presentation to His Imperial Majesty and an order shall be given accordingly. CHAPTER 6 Land Restoration and Compensation Commission and Etl1iopian Patriots and exiles inquiry office .. FOURTEENTI·I
This office shall have tl1ree secretaries. DUTIES OF THIS OFFICE
A) To present to His Majesty those decisions, whicl1 should be so presented, of the Board of Land Restoration and Compensation made in accordance with sections 4 and 5 of the Proclamation of 1935 (E.C.) [October 21, (31 Oct. 1942) ], after further inqujry into the matter. B) To hear appeals on the commission's decisions and present it to His Majesty after proper inquiry. C) If the decisions of the Committee to be presented to His Majesty need further investigation to do so by asking guidance fro1n the same commission. D) To inquire into the petitions and applications of Ethiopian patriots and war time exiles and present their case to His Imperial Majesty. -75-
ETHIOPIAN LEGAL FoRMBOOK
CHAPTER 7 APPLICATIONS AND CLAIMS (LEMENA) INQUIRY OFFICE FIFTEENTI-I
This office sl1all l1ave two secretaries. s ch Hi ng oa pr ap ls ua vid i � i11d · f o 1s _ ti ca pli ap the o int e uir _ ?� . This office will inq _ s 1on cat pl1 e ap vat pri te 1ga est 1nv 1on d1t ad i11 ll sha d a11 ) na me (Le Iviajesty for cl1arity 011 grievances directed against tl1e governn1ent.
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SIXTEENTfI
.After carryi 11g o11t its inq11ir)' it shall present all applications which merit being J?resentccl to f-Iis Majesty. 1t. sl1t,ll co11cluct its duties ,vitl1 care and diligenc� so as to ensure the quick cl is1Josa1 of tl1e petitio11 of every individual.
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FORM 15 (B) (2) RULES OF PROCEDURE OF THE COUNCIL OF :tvIINISTERS OF THE "'
llv1PERIAL E1 HIOPIAN GOVERNl\IBNT Tl1ese Rtiles of procedure are given to tl1e Cot111cil of Ministers in accordance \vitl1 Article 69 of tl1e Co11stitution. CI-:IAPTER J I
COMPOSITION OF THE COUNCIL OF MINISTERS
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J. The 111cn1bers of tl1e Cou.ncil of Ministers sl1all be the Ministers of eac11 of the Ministries of tl1e I111perial Ethiopian Government. 2. In any case i11 \Vl1icl1 tl1ere is no Minister appoi11ted as the Mi.nister of a given Mi11istry, or if tl1e Mi11ister is absent fron1 any meeting of tl1e Council, the Vice-Minister of tl1e said Ministry sl1all attend the meeting of the Council by fulfiljng tl1e procedure laid down in these Rules of Procedure of the Cou11cil. 3. Witl1 tl1e per1nission of the Council, otl1er officia°Is of the Government may be pern1itted to attend meetings of the Council and to speak before the Council, if it is deemed necessary. Suc11 persons, however, shall have no rigl1t to ,,ote on questio11s considered by tl1e Council.
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RULES AND. REGULATIONS
FORM
15 (C)
FORM 15 (C) NON-GOVERNMENTAL RULES OR REGULATIONS .
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REGULATIONS OF THE .FACULTY OF LAW HAILE SELLASSIE I UNIVERSITY
GENERAL DISCIPLINE 1. Students and teachers of the Faculty of Law are members of a profession, bound by the highest ethics and finest standards of co11duct. In recognition of tpat fact there is an Honor Syste1n established in the Faculty of Law. a. In accordance with the Honor System every one in the Faculty of Law ·is left to his honor to be honest, true and just in all his work, dealings and conduct in the Faculty of Law. b. Every one in the Faculty of Law has the dt1ty to report personally to the Honor Board any case or cases of dishonesty, untruthfulness, injustice, or unfair dealings committed by any member of the Faculty of Law. Such cases include cheating, plagiarisn1 and similar misconduct. 2. There shall be an Honor Board composed of one Faculty member and four students. a. Two of the student members of the Honor Board sl1all be frotn the full time class elected by n1ajority vote by tl1e full-tin1e students of tl1e FactilL.Y of Law. The other two stude11t members of the Honor Board sl1all be from tl1e part-tin1e class elected by majority vote by tl1e part-tin1e stude.nts of the Faculty of Law. b. The term of office for student n1en1bers of tl1e Board sl1all be 011e year. Election of members for the Board will take place at the beginning of the second month of each academic year. Previot1s members of tl1e Boarcl can be re-elected. The out-goi11g members of the Board sl1all be in charge of the election of new 1ne111bers to tl1e Board after each term of office. . In case of vacancy in the Ho11or Boa.rd before tl1e end of the tern1 of c. office, the full-time or the part-time students, as the case may be, ,;viii by majority vote elect a substitute. d. Election will be l1eld by secret ballot from among candidates non1i11ated by their respective classes. 3. The Honor Board wiJI hear and decide all cases of dishonesty, misconduct and unfair dealings in violation of tl1e Honor System and recommend appro priate disciplinary measures to the Dean of the Faculty of Law. 4. When a member of the Faculty of Law breaches tl1e Honor System, he or she will be subject to rigorous disciplinary measures including expulsion from the Faculty of Law and thus the profession which he l1as cl1ose11 to enter. 5. In case of excessive absence fron1 class a student may in the discretion of the Dean be subject to disciplinary measures. -77-
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ETHIOPIAN LEGAJ� 'foRMBOOK
EXAMINPi.TIONS I. All examinations of La\v courses shall be an11ounced in advance. 2. A sttide11t lias a rigl1l to review and discussion of his examination work with L11e inslructor co11ccrned.
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3. Exan1inJLior1s sl1all be taken 111 conformity with the Honor System. - - -
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EDI'l'ORIAI, NOT·E ,\ Regulation is a Forn1 of l_aw issued by government officials or administrative bodies under po,vcr <l�lcg�tcd to tl1cn1 by a l1igher autl1ority, promulgated most often (and pro� pe;rly �o) in th� forin of a Legal Notice. Sec Form 12. ln addition to 1hc Regulations in the (orn1 of delegated authority promulgated by the I11inistr.ic:s :.incl riub!ishcd in the Ncgarit Ga.zeta as a Legal Notice as illustrated by Form 15 (1\), a nurnbcr of )3t11iopian Government Agencies, Departments or Divisions have their e;v,1n intern,,! 2-,.!!1:inistrat�Ye procedures and practices. These Rules have the effect of Law t;'lcn tl1 oug11 Lh.cy are no! JJUblished in the Negarit Gazeta so long as they are not contrary lo any l1ighcr authority suc.h as the Constitution, see Form 3, or a Proclamation, see Form 7. TI1 c above sarnpic of a l">�ule in Form 15 (B) for tl1e office of the Ligaba \Vas translated ir,lo English (for the first tin1c) by tl1e Faculty of Law of Haile Sellassie I University in 1965. · (A to 1' oha1111es Herouy) Like::,vise, in[orn1fil or 11on-Governmcntal organizations may have their own internal proccdt1res aP<l practices \Vhich are binding on tl1cir members, in the violation of which l�g,!l rigl�ts and li::.i.bili�cs may ari?e. Illustrated in Form 15 (C), are regulations governing st�dcn�s in non:acadeffi1;c ar�as which \ver� drafted by the students of the Faculty of La\v ol l-la1�e Scllass1c I Un1vers1ty t.hrougl1 their representatives and promulgated wiih the con s1:nt of: tlie Dean aod Faculty on Decen1ber 30, 1963.
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FORM 16 MUNICIPAL OR LOCAL LAW (Legal Notice No. 273 of 1963) PARKING REGULATIONS ISSUED PURSUANT TO TI-IE CI-JARTER OF THE CITY OF ADDIS ABABA
I. These Regulations are issued by the Kantiba of tl1e City of Addis Ababa: pursuant to authority vested in him by Article 21 of the Charter of the City¡ of Addis Ababa (General Notice No. 172 of 1954) after their adoption by the. Council of the City of Addis Ababa pursuant to Article 15 of said Charter. 2. These Regulations may be cited as the ''Municipality of Addis Ababa Vehicle Parking Regulations, 1963''. 3. Those spaces on the streets of Addis Ababa defined by lines marked on the streets and controlled by toll meters are hereby designated ''vehicle parking toll areas''. 4. Parking a vehicle in any vehicle parking toll area on the streets of Addis Ababa is prohibited between the hours of eight o'clock in the morning and eight o'clock in the evening on any day other than Sunday and legal holidays, except and unless the toll meter appurtenant thereto shows tl1at the toll for the privilege of parking a vehicle in such space is paid. 5. The fee for parking any vehicle in a vehicle parking toll area shall be te11â&#x20AC;˘ Ethiopian cents (Eth.$ 0.10) for each fifteen (15) minutes or part thereof,. and shall be paid by inserting an Ethiopian ten cent (Eth.$ 0.10) piece i11to, the toll meter appurtenant thereto. 6. Parking more than one vehicle in any vehicle parking toll area designated for a single vehicle is prohibited. 7. Inserting a foreign coin, slug or object other than the Ethiopian te11 cent (Eth.$ 0.10) piece into the coin slot of any toll meter is prohibited. 8. (a) Any person who violates the provisions of Articles 4 or 6 hereof shalf be punishable as follows : for the first offence: up to five Ethiopian dollars (Eth.$ 5); for the second offence: up to ten Ethiopian dollars (Eth.$ 10); for the third offence: up to fifteen Ethiopian dollars (Eth.$ 15); each subsequent offence: up to twenty-five Ethiopian dollars (Eth.$ 25)_ (b) Any person who violates the provisions of Article 7 hereof shall be: punishable under Article 61 of the Charter of the City of Addis Ababa.. 9. These Regulations shall come into force on the date of their publication in. the Negarit Gazeta. DONE AT ADDIS ABABA THIS 31ST DAY OF MAY 1963_ ZEWDE GEBREHIWOT Kantiba of A dd;s Ababa -79-
ETI-IIOPJAN LEGAL FoRMBOOK
EDITORIAL NOTE I\1unicipal La,v is enacted i n the· forn1 of a Legal Notic� by a majority of the Counc'J of a Municipality, a�� ng pursuant _to its Charter powers, signed by the Kantiba (Mayo r) fonvarded . to _the M1n1ster. of In tenor fo� approval_ and promulgate_d. by_ publicatio n as � Legal Nonce 1n the Negant. Gazeta. Addis Ababa 1s _t�e ��ly Mun1c1pal1ty in the Empire organized pursuant to � published Ch�rter. Other Mun1c1pal1t1es may enact Regulations with tl1 e approval of tl1e M1n1ster of Interior.
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FORM 17 JUDGMENT HIGH COURT Addis Ababa, Con1m. Ct. No. 2 GRAZMATCH WOUBE WOLDE SELASSIE V.
DEJAZMATCI-I KEFELEW WOLDE TSADIK jn
his capacity as Governor of Tegt1let an. d Bulga Awradja Gezat Civil Case No. 70/54 E.C.
{CONSTlTUTION - INDEPENDENCE OF TI-IE JUDICIARY - EXECUTIVE OR ADMINISTRATIVE INTERFERENCE - JUDICIAL DECLARATION OF NULLITY OF ACTS OF INTERFERENCE - ART.
110
REV. CONST.
Respondent in his capacity as Goven1or issued an order to the President of an Awradja Court directing him to turn over la11d to a party with whom petitioner was engaged in litigation as to the questio.n of ownership. Tl1e lancl \Vas con· veyed to that party purst1ant to the order and petitioner filed tl1e present suit i n the High Court against the Governor to have his above order declared null and void. HELD: Relief granted. Order of Gover11or declared null and void. •
1. Article 110 of the Revised Constitution of 1955 guarantees the inde pendence of the Judiciary. 2. A.11y action of tl1e executive or acl.Ininistrative authorities whicl1 interferes witl1 the independence of the Judiciary will be declared null a11d void. 3. Judges should disregard unconstitutional interference with their constitu tional prerogatives and adjudicate disputes solely in accordance with tl1e law.] Megabit 10, 1954 E.C. (March 19, 1962 G.C.); Judges Dr. W. Bubagiar, Ato Josef Tekle Mikael, Alo Mekonnen Getahun: - This is a petition by the petitioner in which he prays for a declaration that tl1e order No. 598417 dated Megabit 21, 1953 given at Debra Berhan by tl1e respondent in his above men tioned official capacity is null and void. The facts. wl1icl1 are not denied by tl1e respondent, are as follows: By proper civil proceedings instituted by the present petitioner, the present petitioner was given possession of a plot of land in 1938, and from that time until 1944 he remained in possession and enjoyed the benefits of that plot of land. In 1944 a certain Ato Kiltu Balcha re-entered in possession of that land, where upon the present petitioner caused crin1inal proceedings to be instituted against him, in the Awradja Court, in File No. 51 /51. Tl1e Awradja Court gave judgment on Hamle 9, 1951 (Exh. P/2); in the cot1rse of tl1e trial it was proved that Ato --81 -
I OK ETHIOPIAN LEGAL FoRMBO
ot nd of pl la id by sa e th der · or of n sio es ss po d e ir qu ac d ha , d use ac K1ltu Bal�ha� t he � t ld ur e he Co th at th on as the re is th r fo d an w sfa As h t c a zm r e , ud of a certa1n J g � i the · udgment tl1e Court added a ride r to the effect J · accused could not be l1able . n .e the necessary . k e s co uId ta rt1 pa the d lan e 1 tl 011 t ah · r that_ , w1· .th regar d. to .the lo ; e vious judgn1ent, that is. the judgpr tl1 wit h e ord anc ace 1n act1on f·or execution men t of 1938 (Exl1. P/4). . . ent p et1t 1o ne r lodged an es pr e th t ur Co a dJ· ra ' Aw the of en t · From this J· U. dgm · 1n · I Case No. 696/5 I. a 1m Cr 1s, at th appea1 to the H1gh Court in Addis Ababa ' . · . d 1s m1ssed t he appeaI t_ ur Co igh H th� , 52 19 , 17 ne Se n o d ere t liv By judgmen de e becau e the use of m cri y an of ilty gu be ! no ld cou a lcl1 Ba ltu � o Ki At t ng tha ldi ho tlle lai1ct 11ad been given to 11in1 by a Judge; tl1e Court also added. th�t. the case 1l of tur a c1v a e; n. one s wa e , ssi ela lde Wo ube Wo tch zn1a Gra iit, � of tl1e ai)pella tl1e judgn1ent of tl1e Awradja Court was confirme d. Relying on tliis judgn1ent, the present peti�ioner lodged _ an application to the Awraclja Co11rt of Tegulet and Bulga request1_ng that the JUd�ent of_ 1938 �e executecl i11 tl1e sense tl1at he get the possession of the land 1n question. This rlpJ)lication was gra11ted a11d a11 ord er for exe�ution was issued, as a result of ,vl1icl1 tl1e present petitioner re-acquired possession of the land. Q11 tl1is cl1:1nge of possession of land, Ato Kiltu Balcha lodged a petition to tl1e Higl1 Courl j11 tl1e former appeal file No. 696/ 51, in which be alleged that o11e Ato Tadesse Me(lift1, togetl1er with Ato Demissie B edame , had transfe rred the la11d fron1 l1is possessio11 to the !)resent petitio11er and that this ,vas done with the i11tention or l1arming hin1, l1e l1avi11g had possession of tlus la11d for a long time. ·1�11e l-Iigl1 CoL1rt rejected the application , reserving to tl1e applicant, Ato Kiltu Balcl1a, his rigl1L 10 file a civil or criminal case against the Deputy Governor, Ato Tadesse Medifu, before tl1e appropriate Court (Exh. P /5). It seems tl1at P..to Kiltt1 Balcl1a did not avail hi ms elf of judicial proceedings, but preferred to appeal to tl1e adtninistrative autl1orities, and as a result of his complaints, tl1e prese11t respondent in his capacity of Governor issued the order No. 598417 on Megabit 21, 1953, (Exh. P./3) addressed to the President of Tegulet and Bulga Awradja Court ordering him to hand over the property in question to ''the judgTI1ent creditor" Ato Kiltu Balcl1a with all mesne profits from the hands of th e ''illegal possessor" witl1 tl1e understanding that any one who claime d a right to the property should have tl1e right to file a civil case. As a result of tl1is Order, tl1e land was transferred again to Ato Kiltu Balcl1a. Now as stat�d _above tl1e responde nt does no t deny such facts; his defence is t�at aft�r. the crlll11�al case, what the present petitioner should have done is to file a c1v1l case against Ato Kiltu Balcha for the recov ery of the posse ssion of the land. Th Co is ur t can11ot refrain from remarking that the whol e matter re garding . this J?lot _ of l?nd l1as been cloude� in its various stages by procedural irre gulari�i�s, _ ul m 1nat1ng 1n the Order now being challenged. Whateve � r procedural irregular1t1�s there ?1ay have bee n on the part of the courts, the Order of the respondent in this �apacity as Gove rnor dated Magabit 21, 1953, is a clear interference with the 1ndepend�nce of the Jt1diciary an d against Ar ticle 110 of the Constitution. Such an o�der is beyond_the_ powers of a Governor or any otl1er adm inistrative authority and 1s null and void; indeed, the President of the Awradja Court to whom it was -82-
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FORM
17
adressed should have completely disregarded it and left it to the parties con cerned, that is, the present petitjoner and Ato Kiltu Balcha, to challenge the validity of execution granted previously in favour of the present petitioner in a proper court of law. For the above reasons, the petition is successful and the Order issued by the respondent under No. 598417 dated Magabit 21, 1953, is hereby declared null and void. The respondent shall pay court fees according to receipt and costs to the petitioner of E.$ I 00. EDITORIAL NOTE A Judgment is a written opinion of a court giving the reasons for the decision reached by the court io disposing of a case before it. A court does not always prepare such a written opinion for every case it decides. It is important to note that in those cases heard before mixed benches of both Ethiopian and foreign j udges, two separate opinions are \Vritten, one in Amharic and one i11 English. These opinions are not translations of one another, but are independent judgments based upon common agreement among the judges as to the principles and final outcome of each case. Naturally, if there ever is a conflict between the English and Anlharic, the latter controls and is the official version. In 1964 the Faculty of Law began to collect and publisl1 in the Journal of Ethiopian Lau,, see Form 40, the judgments of the appellate courts for the first time in English and Amharic. The editors of the Journal prepared the material which appears in the brackets at the beginning of the Judgment so as to enable future researcl1ers to locate the case easily through the use of such a digest. This material is conu11only known as a "Headnote". For a discussion of the scholarly multi-volume Digest of Ethiopian Case-Jaw \Vhich is available in the Archives of the Ministry of the Pen, see Vanderlinden, An Introduction to the Sources of Ethiopian Law in Volun1c ]II Journal of Ethiopian Law, No. 1 (1966).
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FORM 18 ARBITRATION
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FORM 18 (A) ARBITRATION AGREEMENT (For 11on-realty matters)
, 19 · ·· · ··, · · · · · · · · ·· · · · · · · of · · ... y da · · · .. · ... ... ... · ... ... ... Tllis agree111ent made tl1is ·· ·· ..........., of · · · · · · · · · · · · · · · and . . . . . . . . . . . . . . . of . 11 ee by and be'....,w witnessetl1 as follows: a rst d de ies an sun ers mi n. dov ntr co , ces en fer dif , tes pu dis s, nd ma de AU clain1s, e the m dat fro ... hereof .... .... .... and ... .... .... .... n \vee bet e aris y i11gs tl1 at 111a _ _ ned rmi and settled dete be a11d to ed m1tt st1b be l sl1al , . ..... , 19 .... ...... ..... il t uii: bv· arbitration, i1 1 the n1a1 11 1er hereinafter set forth, to-wit: Either party may, by \\'ritten 11 otice to tl1e other, appoint an arbitrator. Thereupon,_ within ··:············ days after the givi1 1g of sucl1 notice, tl1e otl1er shall b y written nonce to the ·former a.ppoi11t a11othcr arbitrator, a. n d i11 default of such second appointment the arbitrator first appoi11 tecl sl1all be sole arbitrator. Whe11 any two arbitrators have beer1 ar1poin1ed as aforesaid, they shall, if possible, agree upon a third arbitrator a11d sl1all appoi1 1t him by 11 otice in writing, signed by both of them in triplicate, 011e. of \Vl1 icl1 tr1plic,1te notices sl1all be given to each party hereto; but if ............ days sl1all elapse after the ap1)oint1nent of the second arbitrator without notice ot aJ)poin1me11t o[ tl1e third arbitrator being given as aforesaid, then either party ,l1 ereto (or both) n1ay i11 \Vriting request ............... or ............... of ............... to appoi11t tl1e tl1ird arbitrator and upon appointment of the third arbitrator (whicl1e,1er vvay a1Jpoi 1 1ted as aforesaid) tl1e three arbitrators shall meet a.nd shall give 01JportL111 ity to each party hereto to prese.nt his case and witnesses, if any, in the presence of the otl1er, and sl1all the11 make their award; and the award of the n1ajority of tl1e arbitrators sl1all be binding upon the parties hereto and judg :11ent may b� �ntered tl1ereo11 in a 11y cou.rt l1aving jt1risdiction. Such award shall include tl1e f1x111g of tl1e expe11se of the arbitratio11 a 11d assessment of same against either or botl1 IJarties. L
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FORM 18 (B) Al{BITRATION AWARD ., (1 ranslation from Italian text) . AR B . l.TRATION IN THE MATTER OF DIVORCE betwee11 MARIA LOPA - Petitioner ANTONIO LOPA - Respo11dent ARBITRATION On 24-7-�964 Mrs. Maria Lopa lodged an arbitral submission for divorce 11ereby, ad�ucing grouncls, asked for the granting of a divorce from her husba.fld Mr. Antonio Lopa. On 25·9-1964 Jor the ptrrpose of con1plyi 11g witl1 the require111e11ts of article - 84-
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FORM
18 (B)
3332 (1) of the Civil Code, the four arbitrators nominated by the parties agreed on the appointment of an umpire in the person of Mr. Fredrico Barbieri, who ·: · assumed the function of President of the Board of Arbitrators. .. The resignation of three arbitrators and tl1e procedure relative to their replace_� ment as well as the indisposition of some n1embers of the board of arbitrators, l1ad delayed the proceedings in cooseqt1ence of wl1ich the first meeting could ilOt ta¼:e place before 10.11.1964. At such n1eeting tl1e boarcl of arbitrators established by unanimity the 11on-existence of a serious cat1se of divorce as provided u11der articles 669, 670, 671 of the Civil Code and it decided tl1at it would proceed \Vith the case after an attempt was made to reco11cile tl1e parties. Such attempt at reco�·.:: ciliation took place \Vith negative effect 011 4.22.1965. The board of arbitrators had to deliberate \Vl1ether tl1e grounds fom1ulated · by Mrs. Lopa in support of her petition for divorce, although in themselves they did not constitt1te a serious cat1se, tl1ey nevertheless amounted to a valid gro11nd to grant such divorce under tl1e provisions of article 673. As necessary, 011 Feb.· 5, 1965 we proceeded witl1 interrogating Mrs. Lapa whereas on Feb. 12, 1965,''Y'ti have interrogated Mr. Antonio Lopa. Both interrogations were n1ade after t 1i.'e· board of arbitrators l1ad met for the purpose of prepari11g the plan of questions to be put to them. · . Successively the board of arbitrators deliberated to invite tl1e parties to �x plain eventual additions they may l1ave had to make, as stated in the course of the interrogatories as sho\vn by the verbal process. After receiving st1ch submissions, the board in its meeting of 21.6.1965 examined tl1e result of the proceedings a11d decided by majority of three against two to reject tl1e petition for divorce. What were the grounds which inspired tl1e majority of the arbitrators to reject such petition for divorce? Maria and A11tonio contracted n1arriage accorcling churcl1 in tl1e cl1t1rch of Sa11 Salvatore .in,. . to the . rites. of the . Roman Catholic . Addis Abeba on the 26.4.1952, the marriage l1avi11g been regularly registered will1 tb.e Italian Consulate. Four children were the issue of sucl1 n1arriage. Tl1e coupl_e. conducted a more or less normal life until the n1iddle of 1960 tl1at is to say fot some 8½ years; at such time, disagreements began between tl1e spouses wI1icf1 disagreements conducted to Mrs. L'opa's abandonme11t of the 1natrimonial l1on1e and, thereaftei;; her lodging th_e. present petition for divorce. The motives adopted by Mrs. Lopa in support of her reqt1est have been gohe into and examined in the course of tl1e interrogatories of the spouses on 5. l 2. l-96J. and 12.2.1965 and completed by _the written s11bmissions submitted b)' the1n on 4.6.1965. We do not' deem it necessary to go into the details of tl1e · analysis of the facts in order to state certai11 contradictions of Mrs. Lopa as regards her relations with the family of the l1usband. Also the impossibility of making certain about the allegations made by her as to certain facts which have taken place in circumstances and in places which lack testimonial proof and which are in con trast with what she had written in certain letters at various times. Other grounds adopted are, in our opinion, irrelevant to the subject matter of the granting of a divorce which results clearly in the fact that Mrs. Lopa, the petitioner, has not established in her favot1r the existence of a valid reason for th.e obtaining of such divorce. Consideration must also be had of the important fact in the present case that ·i ·'
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EnnoPIAN
LEGAL
FoRMBOOK
s d wa an still is an Italian p Lo rs. M t tha d an 8: 11 ize cit 11 lia Ita an is pa Mr. Lo , sly ted iou sta ev ebrated their pr as cel , ve ha ey Th e. ag rri 1na r lie of son rea 11 by citize y ed ntl ifi ue rat eq bs s accord su thi g vin ha , cl1 1ur Cl lic tho Ca n n1a Ro the e in ag rri ma se all d the an ns, lia institutions do Ita of tus sta il civ the of s ion ing to the provis t ly e. on No orc div that but for a of ng nti gra the ms ter ute sol ab not provide in ble olu iss an ind link for tb.e it rs de ren icl1 wh nt me cra Sa a is age rri catl1olics ma . ren ild of ch on ati uc ed the d an 1ily fan the of ity t1n the se purpo of To wl1at extent these elements migl1t appear extraneous to the letter of the law tl1at has been the origi11 of these proceedings cannot be ignored. Neverthele ss we maintain that a decision in a case of this nature cannot disregard, apart from the grounds adduced, also the civil and religious laws which govern the national group to which tl1e parties were born into, have lived and borne chjJd.ren as well as tl1eir education. In virtue o[ the grot1nds thereinabove stated the majority of the board of �rbit_r,ttors has decided_ t� reject the petition for divorce as lodged by Mrs. Lopa tn \'IrLue of I1er st1b111iss1on elated 24.7.1964 and in consequence thereof hereby calls t1po11 her to reit1rn to her matrimonial home. Ad.dis Abeba, July 17, 1965.
Louis
Lc111zo
Freclrico Barbieri
Mario Brichieri
EDITORIAL NOTE
of a dispute to a pr1v�te An Arbitration r\green1ent is the · · for .deternunation · · · . subffilSSlon
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person or unofficial body �electe d in � n:ianner previousl_y a�reed upon between the parties or by Code prov ision with tile _subst1h1tion of the Ar1?1trat1on av.,ard or decision for the judgment of a court. The i1npartia� party _or 1:>oard hearing the case is called an Arbit rator. Thus Arbit ration is mere! a t � nstead of judicial action, an� is specifically v allo\;ed in Title XX, Chap{er 2 �7 tt : �� 1 1} C <?d_e of 1960. The advantages 1t off ers ove r a court pr oceeding are speedy decision ' no publicity, good public relations, expert tri e rs of fact and low cost !l1e recently enacted Civil Procedure Code of 1965, Articles 315-319, spe cifically so provides for Arbitration proceedings. The sample reproduced abo ve in F rm 1s e s for t he l8 (A) the provid contract which ? A rbitration. Form 18 (b) i s the A b"tr i � �.t ?� f'-ward. The Award or Decision is thus muclhy more informal than t11 e st yle of � JU simp ici be in the form of a letter 10 the resp � Judg �ent, see Form 17, and may even ective parties.
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RULES OF COURT FORM 19(A) COURT PROCEDURE RULES OF 1943 (Legal Notice No. 33 of 1943) --PART II INSTITUTION OF SUITS
5. (i) Every suit shall be instituted by presenting a statement of claim to the registry of the appropriate court or such officer as it appoints in that behalf. Every statement of claim shall contain, and contain only the following: (a) the name of the court in which the action is brought; (b) the title of the action; (c) the name. description and place of residence of the plaintiff, and an address for service; (d) the name. description and place of residence of the defendant. as far as they can be ascertained; (e) where the plaintiff or defendant is a person under disability, a state111ent to that effect; (f) where the person is suing in a representative capacity. a statement sl1ov1i11g in what capacity he is suing; (g) the facts constituting the cause of action, and where it arose; (h) the facts showing that the court has jurisdiction; (i) the relief which the plaintiff claims; (j) where the plaintiff has allowed a set-off or relinquished a portion of l1is claim, the amount so allowed or relinquished; (k) a statement of the value of the subject matter of the action so far as the same admits; (1) a declaration at the foot thereof that the facts stated are true to the best of the plaintiff's belief and knowledge. (ii) The address for service referred to in sub-rule (i) (c) hereof shall be: (a) the place of residence of the plaintiff, if the plaintiff is suing in person; or (b) the place of business of the advocate of the plaintiff. if the plaintiff is suing by an advocate.
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BOOK M R o F AL G E L N IA P ETI-IIO
EDITORIAL NOTE
f 1942 provide s: o . o 2 N n io at am cl ro P e ic st Ju ion of at tr is in m d A e th f o 0) (2 II V t Par f Justice, by the r o te is in M r u O f o l va o pr ap e ,vith th e, ad m e b ay m rt ou C of es be President of the High ul "R y b d an � rt ou C al ri e �pe n1 re up S e _ Proclamation fo r th e purposes of: th of t ec sp re in us Afa Neg 11s tl by tablisl1ed es s rt ou C r he ot y an of t ec sp re Court in ution, conduct and hearing it st in e th d an , rt ou C e th of (a) Regulating tl1e administration • of proceedings therein. titione.rs. ac pr l ga le of e lin ip sc di d an t uc nd (b) Regulating the admission, co s. or ss se as of s tie du d an n io ct le se (c ) Regulating tl1e 1er courts to lugher courts. \1> lo om fr s se ca al (d) Regulating tl1e comn1ital of crinl.in J1ard of imprisonment in a, e tl1 , es fin of ry ve co re (e) Regulating tl1e imposition and t en m ch ta d at an n io ut ec ex to g tin la re e ur ed default of payment, and the proc (f) Prescribing forms. (g) Fixing fees. (b) Regi.1lating the general administration of ju_stice." : ove ab the l ea rep lly ica cif spe t no did 65 19 of de Wl1ile_ the ne\.V Civ!l Proced �re Co l1.iopia. Et of v la, e tiv jec ad nt rre cu the of st mo r fo sis ba the Proclan1at1on, tl1e Code 1s
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FORM 19 (B) RULES OF 1952 REGISTRATION OF ADVOCATES (Legal Notice No. 166 of 1952) REGISTER TO BE ?vlAINTAINED
I. The Minister of Justice (l1erei11after referred to as "Tl1e Mi11ister") shall cause to be prepared and maintained a register (hereinafter referred to as "The Register'') in which shall_ be recorded tl1 e nan1e a11d t1sual place of busi11ess of every person entitled to be registered, together witl1 particulars of a11y limitation imposed under these rules with regard to the Courts before whicl1 such person may practice. ' PROHIBITION FROM I>RACTICE UNLESS REGISTERED
2. No person, other than a person holding an office wherein l1e is bound to practice only for the Crpwn, shall practise u11less he is registered, and tl1en not before such Courts as are specified in the register as those before v1l1icl1 l1e is precluded from ·practising. '
REGISTRATION AS OF RJGI·IT IN A PROPER CASE
3. Any person, shall, on application to tl1e Minister, or to sucl1 perso11 as the Minister shall auiliorise be entitled to be registered if the Minister or strch person as the Minister shall autl1orise is satisfied tl1at: (a) he has the skill and knowledge 11ecessary to e11able l1in1 properly to prac tise; and (b) he is of a ch.a.racter suitable for assisting i.I1 the proper administratio11 of . . justice: _ , • Provided that. : ' . (a) If the Minister is 11ot satisfied that such pers,011 has the skill and know ledge necessary to enable him properly to practise in every Court, but is satisfied tpat l1e has. the skill aµd k.nowl�dge necessary to enable him to practise : .. .. (i) otherwise than before the Supreme Imperial Cotrrt or tl1e Higl1 Cot1rt
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. (ii) otherwise than before the Supren1e Impe rial Court, the High Cot1rt or a Tek.lay Ghizat Court. As the case. may be, such person shall be entitled to be registered, but with , .the appropriate limitation as to the Courts before which he may practise; and (b) a person entitled to be registered. shall on . h is own application be entitled . · . to be registered subject to such limitation as is referred to in this proviso, . being a limitation not less restrictive than the Minister· or such person as the Minister shall authorise would have imposed upon his, practice had ... such.. an application. not been made. ' - 89-
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-----OOK ETI-1IOPIAN LEGAL FORMB REMOVAL FROM REGISTER OR SUBSEQUENT LIMITATION
4. (1) The Minister or such person as tl1 e Minister sh�l authorise m_ay at any time remove the 11ame of any adyocate from the register or m�y _m _an appropriate case enter in the register with regar� to an y person_ such limitation as is referre d to in the proviso to the last precedi ng Rule on be1ng so requested by such person; or (2) On l1is ceasing to be satisfied as to th� skill and knowled�e of any advocate necessary to enable him properly to practise or when he considers that any advocate is 11ot of a cl1aracter suitable for the administration of justice the Minister or such person as the Minister shall authorise may forthwith suspend such advocate from practisi i1g provided always that the cause for such suspension sl1all i1nmediately be referred to the Advocate Disciplinary Committee under Article 8 of this Rule. MTN !STER OR SUCI·J PERSON AS Tl·IB MINISTER Sl-IALL AUTHORISE MAY IMPOSE TEST
5. }-"7or the purr)ose of satisfying ltimself as to the skill and knowledge of any pcrso11 necessary to enable him properly to practise, whether with or without limitation as lo the cot1rts before which such person may practise, the Minister or such person as tl1e 1v1inister shall authorise may require any person registered, or \1/ho l1 as applied for registration from time to time undergo such test as the Minisi.er or st1ch person as the Minister shall authorise shall think fit: . Provided tl1at no person shall be obliged to undergo such a test within a period of one year of his l1aving so satisfie d the Minister as a result of such a test. ISSUE OF CERTIFICATE
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6. (I) As soon as is reasonably possible after the happening of any of one of tl1e following eve11ts: (a) tl1e payment in full of any sum due under Rule te11 of these Rules; its after (b) the restoration of the name of any person to the regjster ..... ren1ovaI tl1erefrom; (c) the e�try in tl1e register of any limitation on a person's right to practise, other tl1an the e11try of an order for suspension made under _Rule nine of these rules, or of the entry of the removal or alteration of such limitation . (d) the sat!sfying of the Minister or such person as the Minister shall authorise that a certificate issued under these rules has been lost or deStroyed, and payment of the prescribed fee. .. . . ate The Min1ster sl1all cause to be issue · d to the person concerned a certific . . . . i n ��� tin�, si�ed by him or on his behalf, which sha ll be, with the necessary d 1 t � fu� � ���:; � �� form set out in the.Schedule hereto, and which shall co�tai n s f e matters_ recorded 1n respect of such person in the register. a nd whic_h shall state the penod of validity of that certific ate. P ovid d that no such certificate shall be issued un d rne co nc e pe rso n les th e s has re� urne� to the Minister or such person as th Mini e ster· shall authorise any -90-
REGISTRATION OF ADVOCATES
FORM
19 (B)
certificate under these rules which has been issued to him or has given tl1e Minister reasonable grounds for supposing that by reason of its loss or destruction he is unable to do so. (2) Such a certificate shall be valid 011ly 11ntil: (a) the last day of Pagume of the year in respect of wl1icl1 il is issued; or (b) the date of the removal of the name of the person concerned from the register or the making of an entry in the register affecting any limitation on such person's right to practise, not being the entry of an order for suspension made u11der Rule nine of these rules, \Vhichever of such dates is the earlier. COURT MAY DEMAND CERTIFICATE
7. Any Court before which a person appears claiming to practise, may if it has reasonable grounds for doubting that such a person is authorised under these rule� to practise before it, demand the production before it of a valid certificate given under these rules in respect of that person, and, unless or until sucl1 a certificate is so produced, may prohibit such person from appearing before it. In the case of such a prohibition such a person shall not, notwithsta11ding t11e fact that he may be registered under these rules, practise before tl1e said Co11rt unless and until he produces to the Court such a certificate. ADVOCATES' DISCIPLINARY COMMITTEE
8. (1) There shall be constituted an Advocates' Disciplinary Co1nmittee (l1erc inafter referred to as "The Committee") co11sisti11g of five perso11s appointed by the Minister or by sucl1 person as tl1e Iv1inister shall authorise either generally or for tl1e purpose of one or r11ore of the enquiries hereinafter referred to. (2) It shall be the duty of the Committee to inquire into any conduct of a person at any time registered alleged to have taken place eitl1er \vhile registered or in connection witl1 an application for registration, which is of such a nature as to suggest that that person is not of a character suitaole for assisting in the administration of justice, and to report their findings in writing to the Minister or to such person as the Minister shall authorise forthwith. REMOYAL FROM REGISTER
(3) If the Committee on such an enquiry finds that a person registered bas been guilty of conduct of the nature and taking place in tl1e circum stances set out in the last preceding paragrapl1, the Minister or such person as the Minister shall authorise may remove his 11ame from the register for such period as may to him seem proper. (4) (a) On an enquiry under this rule the findings of a majority of the Committee shall be a finding of tl1e Committee. - 91 -
ETl·IlOPIAN LEGAL FoRMBOOK
se c?nd�ct is enquired wh n rso pe a le rLL ? s tl1i r de un iry qu en (b) On an ittee 1n his own defen ce m m Co e th by d ar l1e be to d le tit 1 e1 be l iiito s11 al ng n, di tio clu es in in qu r id te ev at m e th to g tin la re ce 11 e id ev ll ca and to ence as to l1is cl1aracter. SUt.1�1ARY SUSPENSION BY A COURT
9. (1) If durinoO tl1e course of any proceedings before it a Court considers that the conduct of an advocate in such proceedings shows disrespect for the Court or is sucl1 as to suggest that such advocate is not of a cl,aracter suitable for the administration of justice, it may forthwith order that l1e be st1spended from prac tising for a period not exceeding 011e montl1 or 111ay subject l1im to a fine not exceeding two hundred and fifty Etl1 iopi,111 dollars or n1ay both. order such suspension and subject l1i1n to st1ch a fi11e. (2) On the malcing of an order for suspension u11der the last preceding paragraph tl1e Court malc.ing such order shall forthwith inform the Mi 11 ister or such person as the Minister shall authorise in writing there9f, giving full particulars of. the reason therefor and stating 'Nl1ether any. and if so wl1at, fine was imposed upon the advocate co11cerned in addition to st1ch suspension. (3) Tl1e n1a.l<.i 11 g of a11 order or the imposing of a fine under this rule shall 1 1ot a.ffect tl1 e power of the Minister under Rule four of these rules. ... . .. . (4) No perso11 _shall practice dt1ring the period· of operation of an order for suspension 1nade under this rule. notwithstanding the fact that he may be registered dt1ring tl1at period. '
EDITORIAL NOTE ... . ..
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. T�e ab?ve.Rules of _Cou�ts were made by virt ue of Article twenty of the Adminis tra· tion °� Justice Proclamat.ton, 11� respect of tl1e Supreme Imperial Court, of the High Court 1er Courts_ �stablished by tl1at Proclamation, for the admission, conduct and �? � i �f :11 s p 0 o ega1 pract:1t1ooers and for the fixing of fees The llules describe an "Advocate" to be: . "A person entitled to prac•:uce as sueh 1n · the Supren1e Imperial Court or Courts su· bor·ct·ina te t hereto under tl1e provisio11s of tl1ese Rules , . Th e following fees are IJayable: 1. ON ADMISSION ... · · · · · · · · · . . . . . . . . . • • E. S 50.-• •• • •• • •• •• • •• •• • 2. ANNUAL FEES: " 200.(a) in all Courts • • • • • • • • • • • • • • • • • • • • •• • •• • . .. •• • (b) �n tl1e Pro incial, · Regional, and Comm��al..Co���s · •• • • • • • • • •• • ... " 100.: (c) in the Regional and Commun al Courts · · · · · · · · · • • • • • • ... • • • • • ,, so.�d) in th e Communal Courts • • • • • • • •• · · · · · · · · · • • • • • • ••• • • • ••• ,, 30.Rule 8 of the Rules expressly e . 1 w h o act as advocates without re,vard from complying with the provisio:: �p • :e!: ��I�.
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FORM 20 DECISION OR AWARD FORM 20 (A) CENTRAL ELECTORAL BOARD
1.
SI-IOA - YERRER
&
KERIN
Co1rzplai11t: Ato Gessesse Ainenshoa, desiri11g to become a ca11didate for the 1961 election, subn1itted his application on 13 Yekatit 1953 to the Bokan Woreda Gezat, and the Woreda Gezat in turn subn1itted tl1e application to the Awraja Gezat, \vhicl1 refused to accept the applicatio11 because it was said to be late. Decisio11 of tl1e Central Electoral Boarcl: If Ato Gessesse Amenshoa l1as fulfilled all the reqt1irements demanded by Articles 6 to 7 a11d Article 18 o[ Proclamation No. 152, he can become a candidate after the details of his applica tion letter are transferred to the formal ''model 10" application form.
& KOBO Con1plai11t: Grazmatch Gedie Woldu has con1plained that Ato Asgedon1 Gugessa, a candidate in Raya & Kobo electoral Awraja has threatened the ptiblic by going to Ezebil election centre carrying a pistol i n order to be elected. In addi tion, he changed the symbol to be put on his box. Formerly, he cl1ose to have a symbol of flt1ic/1ael & Gabriel on his box, but later l1e cl1a11ged tl1is to a J1011e) co11ib symbol. Therefore he has inappropriately gained votes and does 11ot deserve election. Decisio11 of 1l1e Ce11tral Electoral Boc1r(l: If Ato Asgedo111 Gt1gessa has really threatened the public by carryi.J1g a pistol and goi11g i11to the electio11 cc11tre and did disturb law a1ld order, he sl1ould be prosecuted 011 a cri111inal cl1arge in court under la\v. The Awraja Electoral Board did not preve11t l1i111 fro1n l1si11g tl1e honeycon1b symbol on his box, a11d since also 110 otl1er ca.11cliclates lisccl that symbol, his election cannot be discredited or invalidated 011 tl1is grol10C:I. 2.
TIGRE - RAYA
1
3.
SI-IOA - TCHEBO
4.
SIDAMO - WOLLOMO
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& GURAGIE Con1plai11t: Kegnazmatch Bogale Aleme has legally registered and desires to become a candidate, but he was rejected from becoming a candidate due to his old age and ill health. Decisio11 of tl1e Ce11tral Electoral Board: We have seen the appeal. It is not appropriate to bar people from becon1ing candidates on any grounds other than prohibited by law. Tl1erefore, if the people understand all these reasons stated in this letter of complaint and elect the appellant despite such shortcomings, that is entirely the responsibility of the electorate. Complaint: We have rejected Ato Buri Segemu as a car1didate because lie does not understand the relationship between the people and the Government. Decision of the Cer1trc1/ Electoral Boarcl: The san1e as (3) above. -93 -
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OOK B M R O f L A G E L N IA P ETHIO
5.
SIOAMO - WOLLOMO
6.
GEMU GoFFA - GoFFA
gh e ou , h th bo has al em A.l o ll je An o At t 1(1 tl ed id ec d e Co, la ·n 1 : we 11av ly write and te ua eq t ad no es do l1e e nc si d te ec , el . 1 'n to be ! apJ)1.1cat·o . endp 111s st1bm1tt e. at id d n ca a e m co be t 11o ld u 1o sl does not lc110,v Aml1aric, ) above. (3 as e m sa l1e T i: rc oa B al or ct le E Decisio,1 of tlze Ce, 1tral '
c01111;tai,1t:
We have rejected the application ?f A to Aye Teka to be elected, because J1is property is inadeq11ate and also smce b e h as � . een sentenced . to 10 1nontl1s in1priso11ment by this Awraja Gezat Court and was rmpr1soned. Decisio11 of tl1e Ce11tral Electoral Board: Since �our decision is in con f'or.111ity with tl1e Proclan1ation prol1ibiting persons of inadequate property and IJersons wl10 were sentenced to 6 111011tl1s in1prisonment and have served such se11tence, fro11·1 being elected, we affirm it. 7.
Gr�l\1U GoFI<A - GoFFi\.
Co1111Jlai11I: We have rejected the application of Ato Bezabih Fino to be eiected. because he was charged for a crimina.l offence and served six months sc11te11ce o( in1prisonn1ent after being found guilty by a lawful court. According to what we read in the Decisio11 of t/1e Ce11tral Electoral Boarcl: appeal, if tl1e appellant served six m.ontl1s sentence of imprisonment after being fou11d guilty, v,1e affim1 the decision o( the Awraja Electoral Board.
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EDITORIAL NOTE A Decision or A\.vard is the formal ,vritten opinion by a11 Administrative Agency (such as the Labour Relations Board, tl1e Central Electoral Board, tl1e National Coffee Board or the J_ivestock and Meat Board), disposing of :1 case before it . Tl1e illustrations above, in Form 19 (A) arising out of tl1e Election of 1961, are a small selection of appeals from the A,vraja Electoral Boards to the Central Electoral Board, under Article 5 of the Chamber of Deputies Electoral Law Proclamation, No. 152 of 1956. The_ ex_cerpts are from: ''R_el?ort on the Carrying out of tl1e Election" (in Amharic) - Imperial Eth1?p1an Governn1ent, 1\11n �try of Interior, Cl1amber of Deputies Central Electoral Boai:d, Add1s_Ababa:_ B.S_.P.P., 195., E.C. (translated by students of the Faculty of Law of Hrule Sellass1e I University). To date no appeals J1ave bee11 taken from Decisions of the Central Electoral Board to a Court. Wl1ile members of tl1e Chamber of Deputies are }Jopularly elected for a term of four years, members of the Senate are nominated by tlle Emperor for a period of six years. I-Iowever, the number of tl1e members of the Se11ate must not consist of more than one-half of tl1 c total nun1ber of Deputies _wl1ic� !Day l1ave a great significance �hen tl1e Chamber _ of _Deputies and the_ Senate meet �n _a Joint session to decide, by majority vote, mat�rs on which the >: have _dis_agree�. Then 1t 1s clear that tl1e popularly elected Deputies, having an over\vl1elnung ma1or1ty, ,v1ll prevail. _ lectora� Board, which consists of three persons, has been set up in the . _The Central E 1v11n1stry of Interior _ by virtue of _the Electoral La\\'. These three persons are appointed by the Emperor. The first member 1s the Minister of Interior. who is the Chairman of the B<:>ard, tJ:ie second member is the Vice-Minister of the Ministry of Interior, who is the V1ce-Cl1a1rn1an of the Board and the third member is the Chief Administrator of the Central Electoral Board. -94-
I
DECISION OR AWARD
FoRM 20 (A) ,
The Central Electoral Board has the po,ver to appoint and supervise all its officials and of appoi_nting subordinate officials to serve under employees. Thus it is granted the po\.ver _ its direction in each Electoral AwraJa of the Empire. It engages and en1ploys alJ the neces sary staff for itself and its subordinate boards. It expends all funds given to it for the administration of the Electoral Law. It can issue orders to all officials appointed by it and · to all other officials whose assistance is required by the provisions of the present la,v such as the local police or the armed forces of the Empire in case of necessity. The administration of elections throughout the Empire is tht1s n1ainly executed by the officials of the Central' Electoral Board. Almost all of these employees are only periodically employed. Some of the employees of the Central Electoral Board are inspectors from other ministries ,vith· whom it is supplied for a period of eight months. The Central Electoral Board is empowered to establish Awraja Electoral Boards in every Electoral Av,raja and to determine convenient areas or localities as a scat for each Electoral Board. It can also modify tl1e electoral districts fro1u time to tin1e according to· population changes caused by deatl1s, changes of residence or attainment of the age of twenty-one years on the part of residents in as n1uch as these changes affect the total number of registration. Each Awraja Electoral Board has the duty to report annually any such changes to the Central Electoral Board wl1ich will announce needed changes of any Electoral Awraja one year before the general election. If there are no announcements made by tbc· Central Electoral Board, it is presumed that the Electoral ,<\wraja ren1ains unchanged. Hence the Electoral Board determines the size and configuration of the Electoral' Awrajas of the Empire in accordance with Article 93 of the Revised Constitution of 1955. Thus it will set up one Electoral A,vraja for approximately every 50,000 registered voters for about every 200,000 people. It also deterrnines those cities wl1ich, according to Article 93 of the Revised Constitution, are entitled to additional representation and the nun1ber of the additional deputies to be elected by the registered voters resident in such cities. So, each city witl1 a population of n1ore tl1an 30,000 inhabitants is entitled to one deputy,. and thereafter for every additional 50,000 inhabitants it is entitled to one additional deputy. For the moment the cities which enjoy this privilege are Addis Ababa which has ten Electoral Awrajas and Asmara ,vith 3 Electoral A,vrajas. The Central Electoral Board is U1e board of final appeals. It is this agency ,vhich considers all rejections from registration lists, applications for candidates, non1inating peti tions, signatures, polling lists and all other procedures and formalities as required by t11c· Electoral Law. The Board hears and deals ,vitl1 appeals and its decisions \.viii be in1plc1nented before it bas announced the results of the general election to tl1e public. This is because once a candidate is elected as a deputy he falls under the jurisdiction of Parliament. To date there has been no case that has been considered or reviewed by a court after the I3oard' gave its final clecision. The Central Electoral Board assures the holding of registration and the presentation of candidates. It issues all necessary regulations, public notices announcing dates and periods of registration, dates of elections, cards to be delivered to electors upon registration, declarations, books, registration books, counterfoil books, lists, forn1s, ballots, ballot books, applications and petition forms, the counting of ballots, the announcen1ent of election results and all otl1er· matters necessary for the purpose of carrying ot1t all election procedures. Before a fixed date, the Minister of Interior through the Governor-General and Gov ernors of each province and Woreda transn1its orders to every Woreda Gezhi that each area must be divided into convenient electoral stations and must publish the delimitation of eacl1 such station and transmit such delimitations to the Central Electoral Board. Then the Central Electoral Board, before a fixed date, supplies these election stations with all the materials required for elections such as registration books, forms, etc., enumerated in the preceding paragraph. On a fixed date, ,vhicl1 every station announces to the people, it opens registration for all nationals who are qualified -to register within a definite period of registration. In order to be qualified as a voter in Ethiopia: (1) a person has to be an Ethiopian subject by birth; (2) he has to be twenty-one years of age or older; (3) he must have lived in the Electoral District in \.vhich l1e votes at least one year preceding each election (this requirement may disenfranchise nomads); (4) he must have completed registration in accordance with the requirements of the la\.v;. -95-
.... ETI·[IOPIAN LEGAL FoRMBOOK
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(5) he must not be disqualjfied due to either (a) insanity, (b) serving a sentence of imprisonment, or (c) losing his civil rigl1ts pursuant to the Penal Code. A person ,vho wishes to be a candidate for election to the Chamber of Deputies n1ust be: (1) an Ethiopian subject by birth (which means persons who are �oreigners or Ethio pians by naturalization are not entitled to be _ el_ected but tl1_ e children _ of the natur alized Ethiopians born in Ethiopia n1ay be el1g1ble to run 10 an election); (2) l1e n1ust l1ave reacl1cd the age of t,venty-five years; {3) he must be a bona fide resident of his Electoral A,vraja; (4) be n1ust be an o,vner of property in l1is electoral district to the extent required by the Electoral La,v ,vJuch is inunovable property of a value not less than one thousand Ethiopian dollars or of movable property of a value not less than two thousand Etl1iopian dollars; (5) he n1ust not be disqualified under the provisions of Article 19 of the Chamber of Deputies Electoral Law, ,vl1ich are (a) l1e n1ust not fail to register or to complete registration under the relevant provisions of tl1c Electoral La,v; (b) l1e must not be found to be insane; (c) l1e must not I1ave registered or applied in n1ore than one Electoral Awraja; (d) he must not be serving a sentence of imprisonment; (e) l1e must not have been convicted of an offence tinder tl1e provisions of Article 44 of the Electoral Law of 1956; (f) l1 e must not l1ave been deprived of his civil rights purst1ant to the Penal Code; (g) lie n1ust not have been convicted abroad of an offence ,vhlcl1 is recognized by tl1 e Eihiopian Penal Code as carrying a penalty of a minimum term of imprison n1ent of six months or more, or a minimum fine of one tl1ousand Ethiopian dollars or more; (h) lie must not be a discl1arged bankrupt, or one wl1ose propert)', i n whole or in part, is subject to court order for payment to his creditors. 1'he.refore suc11 a requirement of registration is necessary in order that only those ,qualified will vote or be elected. rfhls is also the guarantee that a person will vote only ,011ce for only one candidate or that a person will run in only one Electoral Awraja. People unregistered cannot vote but there is no penalty for tl1ose registered who fail to vote. (Aro Sel1ul Micael) CO:tv1PARATIVE STATISTICS 1:. r RST Tl·IREE ETI·IJOPIAN ELECTIONS
1957
Registered \foters 2,000,500 Number of Candidates Registered 600
1961
3,000,900 900
1965
5,000,000 2,300
One can tl1us sec the substantial increase in each election in both the number of ;registered voters and the candidates for election to tl1e Chan1ber of Deputies.
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FORM 20 (B) LABOUR RELATIONS BOARD DIRE DAWA COTTON FACTORY UNION
V. DIRE DAWA COTTON FACTORY COMPANY
Tekemt 4, 1956 E.C.; His Excellency Blatta Tirfe Shumie - Cl1airman, His Excellency Blatta Kiflegzi Yihdego - Men1ber, Ato Mol1ammed Abdul Ral1man Member, Ato Yilma Hailu - Men1ber: - The appellate court rema11ded this case and ordered new proceedings not inconsistent with its opinion because it said that this Board deliberately overlooked witnesses' testimony tl1at justified the dismissal of eight officers of the Labour Union by the Dire Dawa Cotton Factory and thereby came to a legally unsound decision. Pursuant to that order we have reconsidered our first decision and dispose of tl1e case as follows. DECISION
The Dire Dawa Cotton Factory Labour Union submitted a petition to the Labour Relations Board and requested it to send (1) Ato Tadesse Alnare, (2) Ato Mibretu Nigussie, (3) Ato Taye Asfaw, (4) Ato Omar Abdul]ahi, (5) Ato Seifu Asfaw, (6) Alo Wondimu Wolde Selassie, (7) Ato Ketsela Mengistu and (8) Ato Belette Yifru back to their jobs because they were dismissed without jl1stifiable cause. As presented by the Union the facts that led to their dismissal are as fol足 lows: the management bad announced that the employees would not draw 1101.i足 day pay on M.iazia 27 and a meeting was held in protest of that decision and to request the removal of a certain Tadesse Bizuneh. Their grievance agai11st l1in1 was that he bad done them a lot of injt1stice while he was serving as the Faclory's advocate, but now that he was appointed liaison officer by tl1e government and given an administrative post by tl1e ma.nage1nent, he would use his posit io11 to oppress them further. Tl1e aforen1entioned officers of tl1e Union cattlionec! tl1e members of the union to cause no trouble and presented tl1eir case to tl1e ma11age足 ment. But it took a dim view of their activities a11d dismissed them. In view of the petition, tl1e Employer was asked to explai11 in \vriting 011 what grounds it dismissed tl1e aforementioned 8 persons and alleged that: 1. (a) The said 8 officers, in violation of Article 313 of the Penal Code instigated a mutiny and caused a riot within the factory premises and in the director's office; (b) In breach of their professional obligations, they went into the factory premises and the factory head office and urged the other employees to strike. Moreover, they resisted authority and prevented officials of the factory from performing their duties and thereby violated Articles 412, 413, 433 and 434 of the Penal Code; (c) They violated Articles 545, 547. and 552 of the Penal Code by inten足 tionally exposing the other employees to danger. The Prosecutor's office was asked to investigate the criminal offences allegedly committed by the 8 officers of the labour union and in its report No. 11733/0t - 97-
ETJ-IJOPIAN LEGAL FORMBOOK
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issued on Hamle 8, 1955 it stat ed that ''the ac� used did no_t force the oth er em ployees to stop work nor did they create a m1sunderstan dmg between the Em ployer and the Employees in order to cause da mage to proper�y or to en�n�er life or limb." As for t11e charge tl1at the accused for�ed the d1 re ctor to dismiss _ Ato Tade ss e Bizu11eh, the Prosecuto r's offic e found 1t unsubstant ia te d because the only person s to so testify were . the director and Ato T a desse. However, it was disclosed thal the cause of the r1ot was the false news spread by one Teferra Erena wl10 told tl1 e factory en1ployees tl1at they wo� ld n ot be pa_i� for the holiday and that Ato Tadesse Biit1neh was the man b e hmd that decision. The Prose cutor's office ordered that proceedings be institute d against Ato Teferra Erena under A rticle 580 (2) of th e Penal Code and dismissed the cha rges against the others, and fo r our purposes tl1at disposes of the charge s brought against the 8 officers of the unio11. 2. And no\v for the second count wherein it was alleged that at 3: 00 P.M. on Gue11bot 7, 1955, applicants (p etitioners) No. 6 to 8 accompanied by their many accou1plices e11tered the head offic.e stomping and shouting and on the ,vl1ole displa),ing a n1a rked belliger ence, harrassed the shift on the job and ob structed it from working effectively. Fo11r wit11csses, namely Ato Demisse Damte, Ato Tadess e Bizune h, Mr. Dittle ,t11d Mr. Werberter testified that the said officers of the union an d. some members of the union first asked the chief accountant to explain why they would not get l1oliday pay as usual a11d went to see the acting manage r at 3 : 00 P.M. when the first shift got relieved. . Since ProcJa1natio11 210 / 56 provides that of ficers of a union and. a limited 11umber of its 1ncmbers may see the employer and pre sent the ir demands and grievances, lh e steps taken by the officers and members of the union can in no n s. · as breach of regulatio way be ·regarded . . Thi rdly, it ·was all�ged that 'the ·persons me ntioned in count No. 2, using the backi�g of t �e union. members as a means of intimidation, made a speech before the director 10 a host ile manner. As s aid _ earlier, duly registered labour u11ion s are entitled to protect and enf ?rce the rights of the _ employee s.. Now th e report issued by the Prosecutor's Office pr?ves that no_ e �1dence was introduced in support of the allegation that tlie 8 . off1c�rs. o� L �e u �1on �ommit�ed c�im_inal offences, a nd with r espect to the question of d1s c1pl1ne, tl1e witnesses testimony merely proves that they did make a . spe ech and defend ed _the . employees' rights but not that they intimidated the director. �oreover , cons1d er1ng the director's testimony that he noticed no breach of regulatio �s apart from tl1e employees' demand that Ato Tadesse. Bizuneh be removed, �his Board. d _oes not see an ythir1g punishable in the fact that the officers _ _ of ��e urnon al�ng with the employees relieved from their shift presented their petition to the director. 4· . Tlie f ? urt h charge was th.at tl1e. present· petit ioners refused to drop their pre1ne�1tated illegal _acts hen told to in the presence of the Governor of the � Aw�adJ�, the ·A�r�dJa Police Commander �nd· the head of th e Labour Relations Office 1n the Ministry of Cominunity Develo pment. What is more, th e charges read, 1:hey . refuse_d to tell the others to Jeave ·th e factory premises and : resisted . · �uthor�ty �y · �e�� ing .on :the �upport· '?f tp.e unio n members an d using it !or illeg al .
-98-
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LABOUR RELATIONS BOARD DECISION
FORM
20(B)
purposes. Letter No. 1 /56/293/13 writte11 by the Awradja Governor, indicates that it was the vice-president of the Union, Ato Tadesse Amare, who phoned tl1e governor to come over to the factory to do something about the misunderstanding between the employer and the employees. Moreover, aside from the fact that no evidence was introduced to prove that they resisted authority, Ato Demisse Damte, Ato Tadesse Bizuneh and Mr. Werbert testified that the employees bade the governor's order and dispersed promptly. Thus tl1is Board has rejected tl1e em ployer's allegation because it was n1ade with tl1e sole purpose of boosting its defense. 5. The Board has similarly rejected the employer's allegation tl1at witnesses testified before th� police and the Labour Relations office that the applicai1ts were guilty of the said criminal offences and breach of regulations, because tl1e Prosecutor's Office has already dismissed the charge for want of evidence. Therefore, A. The Supreme Imperial Court's finding in its decision given by majority vote tl1at ''it was illegal on tl1e part of tl1e employees to ask for their l1oliday pay with threats and rioting while tl1ey should have presented their demand witl1 patience and through the proper channels when informed that people higher up had taken the decision," is not s·ubstantiated by the witnesses' testimony. And this Board, cognizant of the fact that officers of a union, as the representatives of the employees, have both the right and duty to present their petitions and defend their right, does not consider such conduct as illegal. B. In its opinion, the Supreme Imperial Court also said tl1at the employees. all the tjme aware that Ato Tadesse Bizuneh was appointed by the govern1nenL, were at fault when they tried to force his dismissal with threats and harassment instead of taking up the matter with the proper authorities. When it is borne in mind that there was ill feeling of long standing belween Ato Tadesse Bizuneh and the employees of the factory a11d that the practice of paying them holiday pay was discontinued shortly after he took his post, one ca11 well appreciate that they would suspect that he was behind it all. And this Board is of the opinion· that officers of a union are entitled to bring to tl1e employer's attention that the employees resent a certain individual because tl1ey feel that he creates friction between them and tl1e employer. Moreover, one can get a clearer picture of the situation by reading letters No. 2/24109/14524/17/55, 2/27139/ 14524/17/55 written by the Governor General of Harrarghe, letters No. 2/3994/ 235 ;·25, 1/1080/293/13 written by the Governor of the Dire Da wa A wradja, letter No. 5860/55 written by the Minister of Commerce and Industry and letter No. 5.1.6/2/55 written by the Minister of Commt1nity Development, all of wl1ich suggested the advisability of removing the said Ato Tadesse Bizuneh. .
C. Next, we will proceed to consider the Court's ruling that the employees were at fault when they disturbed the director's office by shouting and disturbed the office as a whole by constantly opening and closing the doors from the out side. . - This too has been rejected by this Board because (1) as said earlier it was the basic duty of the union officers and a limited number of the union members to follow the proper procedure and first see the chief accountant and the director - 99-
BOOK ETI-IJOPIAN LEGAL FORM
subsequently a.nd (2) no evidence was adduced that any damage was done to property or any harm done to life or limb in the process apart from the director's and Ato Tadesse's testimony which is ta11tamount to a hostile ,vitness' testimony. D. This Board, cognizant of the fact that it was the vice-president of the union who phoned the governor to come to the site of the disturbance, has similar ly rejected. tl1e Court's ruli11g that it was illegal to intimidate the staff and shout witl1in the factory premises as to n1ake it nece ssary to call the Police. - - Pursuant to Order 199 / 5 6 issued by the Supre me Imperial Court on Yekatit 2, 1956 to reco11sider its decision of Teken1t 4, 1956, this Board met on three clif ferent occasions and after a careful study of the dispute between the Dire Dawa Cotton. Factory and its employees, has con1e to the conclusion that no valid ground exisls for the reversal of its decision of Tekemt 4, 1956. Now therefore by virtue of tl1e power give11 to tl1is Board by Proclamation 210 / 56, we order that th.e case be finally disposecl of in accordance \Vith our decision of Tekemt 4, 1956. EDITORIAL NOTE
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Forin 19 (B) is a decision of the Labour Relations Board i n\1olving an alleged Unfair T_a bour Practice. P.. rticle. 47 of tl1e Revised Constitution of 1955 guarantees to every Ethiopian the right to_ engage 1n any occupat1011 an d to that e nd, to forn1 or join association s in accordance \v1tl1 tl1e La\V. The gro\-vtl1 in tl1e local labour movement in recen t y e ars has be en ph eno1nenal. Th�r� are p�·esent]y some 30 l!nions wit� a membersl1ip in excess o f 50,000. These are all �ff1hated ,v1lh �1e Confederation. of Etl11opian Labour Unions (CELU) which was forn1ed 10 1963. On t1�e �1anage ment side, a Federatio n of Employe rs of Ethiopia was founded by 41 compa111es 1n 1964. 7:'he Ethiopia11. Labour Relati�ns Board is similar to t11e Un ited States Labour l�tI�ns o rd \v]11cl1 :Vas created 1n 1935. When tl1e problen1 of tl1e establishment of an �� 11?� 1an. t a� ou arose , tl1e first questio n tl1at came u p was under what �elations Board [ inis ry it s iou d e J?l�ced . After � long d ebate, it was deci ded that the Board sho uld 1 r tlie Ivlin_istry of National Con1n1t1nity Development which already handled be placed 0nde · some more or ess essent1a]ly relat ed matters sue) 1 a_s socia · l \Velf are, rura_l _development_ and 1 Se,cretariat of 'the Labour'. Board is tl1us under th e Minister of National cooperatives. The Con1n1u nity Developn1ent It sl1 ld b oned, llo\vever, that despite this fact, the Board is an independent body �nd w:r�s b; i�:�� · In accordance \Vitl1 the provisions of tl,,!._ L.ab our R elat�o n s Proclamatio n N�. 210 of 1963, the Board J1as its principal office in �dls Ababa. The Law also provides that the .. Board may sit in such other lac· s as it may deem appropriate. Tl1is has not been effected so far, but it is t1oped tllat i� th: very near f uture, the Board will establish two branches, o ne to sit in Asmara and one 1·n D.ire Da,va. . . The Board consists of five nl embe s appo� . nted by His rec oropon lmperi_ a � Maj esty � 1nendation of the_ Minister of National Conlmunity Development. Or1g1nally, all ·five members were representatives of tile Gove n e nt, altl1ougl1 labour u ally on asi occ o als s re n we ion � �o invited to nominate candidates Tliis, ever, wa s later amended to make the participation ,v · · . of unions obligatory
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Tl1e present n1embers of th e Board are: H.B._ A to Seyoum Haregot, Clza1r1nan, appointed for a perio . d of tI1ree years, representi11g the Govern rnent; - Justi.ce Belatchew Asrat appoi11ted for two year�, representing tl1e Govern1ne1it; - 100 -
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LABOUR RELATIONS BOARD DECISION
FORM
20 (B)
Ato Yilma Hailu, appoi,zted for one year, also represetiling the Gover11111e11t; - Dr. Seyoum Gebre Egziabher, reprcscnti1·1g tlze E111ployers; Ato Alem Abdi, President of the Seferia,i Workers' Union, representing the er111Jloyecs. The last two members are appointed for a period of three years. An adequate number of deputy n1embers is also appointed to assist the Board. Members and deputy n1en1bers serve on a part time basis without remuneration, but the Minister I1as fixed a fee of EU1.$ 5.00 for attendance at each meeting of the Board. The Cl1airman or the designated Acting Chairman presides over the meetings of the Board. In case there is no Acting Chairman, the member with greatest seniority serves as Acting Chairman. Absent men1bers n1ay be replaced by deputy members. Three members of the Board constitute a quorum. Decisions are taken by a majority vote of the members present. Tn case of a tie, the Chairman has a casting vote. The Labour Relations Board has the power to a) consider b) conciliate, and c) arbitrate labour disputes as \vell as to decide upon temporary measures, if appropriate, prior to tinal settlement and to issue decisions and awards. For the purpose of carrying out these objectives, tl1ere is \Vithin the Labour Depart ment a Conciliation Commjssion, kno,vn as the Labour Relations Section and a Labour Relations Board. All cases, ,vhether tl1�y involve disputes of individuals with tl1eir employers, or unions, are first presented Lo the Conciliation Comn1ission which endeavours to settle by agreement all t11e disputes submitted to it. In its deliberations, the Con1n1ission may consider all testimony, whether oral or writen, submitted to it. If an agreen1cnt cannot be reached and the case involves an individual and not a union, the individual has the option to take his case to t11e Labour Relations Board or to a regular court of lav,1. In other words the jurisdiction of tbe Board in individual cases is concurrent \vith that of the Courts. When the dispute is one bet,veen an employer and a union, the union does not have the option of bringing the case before a court of law. It is cornpelled to bring the case before the Labour Relations Board. A second function o( the Board is to consider any con1JJlaint of an unfair labour practice. 10 prohibit any such practice and, i n connection t11ere,vith, to direct named persons, groups, or organizations to abstain therefrom. The Law defines ,vhat an unfair Jabour practice is both ,vith respect to :in employee and with respect to an employer. An unfair Jabour practice as regards an en1ployee or a Jabour union is: (1) any failure or refusal to discharge or comply ,vith any duty or obligation imposed
in the Law;
(2) any incitement to or the conduct of a strike or a similar activity ,vhich is:
organized or conducled by any person or group other than a labour A. initiated, • union; B. outside the scope of the la\vful activities of a labour union; C. initiated arbitrarily or without wilJingness to negotiale in good faith; D. initiated prior to the submission of the labour dispute in question to the Board and before the expiration of a period of sixty days follo\.ving such submission; E. initiated, organized and condt1cted in violation of or against a final decision or award of the Board; F. accompanied by evidence, threats of force or unlawful IJUblicily; - 101 -
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G. likel)', by reason of t11e public nature of the enterprise c_ oocerned _ or_ t�e essential character of the services being rendered, to produce serious public 1n1ury. An unfair labour practice as regards a n employer or an employers' association is: (1) Any failure or refusal to discl1arge or comply wiili any duty or obligation . imposed
in the Proclamation;
(2) Any incitement to or use of a lockout or similar activity which is:
A. initiated arbitrarily or \.Vithout willingness to negoti ate in good faith; B. initiated prior to the submission o� the la�our dispute in _ question to th_e ;Board and before tl1e expiration of a period of sixty days following such subnuss1on; C. initiated, organized or condt1cted in violation of or against a final decision or a'vvard of the Board; D. accompanied by violence, threats of force or unla\:vful publicity; E. likely, by reason of tl1e vital public nature of tl1e enterprise concerned or the essential character of tl1e services being rendered to produce serious public injury. U11fair labour practices are more specifically defined in Articles 29 and 30 of the Proclamation. In particular, AJ:ticle 29 prohibits any person from using any intimidation, threat or undue influence in an attempt to induce any other person to become, refrain from becon1ing or cease to be a n1en1ber of an employers' association or l abour union and from con, cning employees during ,vorking hours or on ilie employers' premises to solicit them to join a labour 11nion, tl1is, unless it is done \vith the consent of the employer involved. Under Article 30, employers are specifically prevented from discriminating between em1>loyees as to labour conditions 011 tl1e ground of membership in a labour union or because of labour u11ion acti,;ities, from en1ployi11g or retaining in employment members of Jabour unions in !)reference to non-111e1nbcrs; from temunating the employn1ent of any person ?ecaus� _of 1nembersl1ip i_11 a labour union; from belonging or seeking to influence the tormat1on of a labour union or interfering in any labour union activities. Appeals from decisions of tl1e Labour Relatio11s Board are taken to the Supreme Imperial Court. 1
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FORM 21 CIRCULAR LETTER No. 7513.10 Hamle 13th, 1936 E. C. To the Honourable High Court To Shoa Awraja Court President To Wollo Awraja Court President To Tigre Awraja Court President To Begemdir A,vraja Court President To Godjiam Awraja Court President To Wollega Awraja Court President To Illubabor Awraja Court President To Keffa Awraja Court President To Gemugofa Awraja Court President To Bale Woreda Court President To Sidamo Awraja Court President To Arusi Awraja Court President To Addis Ababa Woreda Court If any person bringing a case in court cannot pay the required cot1rt fees in advance, for whatever reason, it would be as thougl1 the poor were denied justice to reject his case; therefore it was decided that you sl1ould follow the following procedure. If the person bringing the case, \Vhen asked to pay money says he hasn't got it, and after due examination it is evident that he has no money, and dt1e to the great distance of the place the judges cannot know, l1e should give his statement under oath according to law; and if, after proceeding 111 Forma Pauperis, he succeeds in his claim, you are tl1en required to see that tl1e losing party pays the court fees. Signed: Me,zbere Yayehrad DlRECTOR GENERAL
Seal - Ministry of Justice EDITORIAL NOTE Circulars of the Ministry of Justice are unpublished mandates issued by the Mh1-ister of Justice or one of his high ranking officia]s, usually to Judges or Court employees, directing how a given matter, either an individual case or a set practice or procedure, should be handled. They have had the effect of interpreting published and established law. For example, Muslim Courts follow the san1e rules of procedure and execution of judgments as the ordinary civil courts, pursuant to Circular Letter No. I /C 4721 of the Ministry of Justice. Other l'v1inistries also issue Circular Letters, especially the Ministry of the Pen. (J11stice Kassa Beyene)
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FORM 22 ISLAMIC LAW JUDGMENTS
(1) The Second Naiba Cot1ncil - Addis Ababa Bedar 10, 1957 E.C. Case No.: 21 / 57 Judge: Kadi Sayid Houssein Ali The plainLiff was present bt1t defe11da11t l1a.s not appeared in court because tl1e case is 011 i ls first trial. Orcler: Let a st1mn1011s a11d a copy of the clai1n of the pla.intiff be sent to the defenclant througl1 tl1e plaintiff so tl1at defenda11t might appear in court for I-Ieclar 12, 1957. (2) I-Ie<lar 12, 1957 E.C. Jt1dge: I(adi Sayid Hot1ssein Ali Plaintiff was prese11t in cot1rt but defendant, eve11 though he has received the st1n1mons and l1 as sigi1ed j11stifying tl1at l1e would be present in court on the same date as indicated i11 the order, has not appeared in court. '•.
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Order: As defe11dant has 11ot obeyed the court order even tl1ougl1 he has not refused to accept tl1e st1m1nons, he should pay a fine of $ 10 to plaintiff \Vh.en he apears in court 11ext tin1e, and as he has disobeyed the court order let a. letter be written to Number Four Police Statio11 asking tl1em to arrest defendant a11d detain hin1 for 24 l1ours and produce him to this court. (3) Letter to the Police
To: Tl1e Cl1ief of Nu1nber Fo11r Police Station, Addis Ababa
Alo Ser1nt1li Muktl1ar l1as not obeyed the summons of tl1is court for Hedar 12,, 1957. We request a.11d hereby order tl1at the police arrest and detain the perso11 for 24 11ours a11d tl1e11 produce l1in1 to tl1is court for the trial. Y01,rs Sincerely, SAYID HoussEIN ALI, KADI.
The police arrested a11d detained tl1is perso11 for 24 hours i11 accorda,nce with the order of the court ancl the11 produced l1im to the court after his 24 hours de tention .
(4) !he f �rst Naiba Council estin1ated tl1e value of the property of the d.e ceased, 1nclud1ng the l1ot1se and land, to be worth Eth.$ 9,189. After a third of tl1e above amount wa� give1:1 to poor people, as charity, in accordance with th.e _ will of the deceased, 1t decided that the rest of the money should be given to - 104 -
ISLAMIC LAW
FORM
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the hejrs of the deceased in acordance with Mohammedan Law. When tl1e case was heard by the Highest Shariat Court jt ordered tl1e Second Naiba Council to divide the property of the heirs _and relatives of the deceased by letter No. 388/ 12/ 55. In accordance with this order the follo\ving juclgi11ent was given. The heirs of Haji Mohammed J emma : I. His daughter Woizero Kedija Haji Mohammed to get half of tl1e property. 2. The wjfe of the deceased, Woizero Ame11at Ali, to get -�- of the IJroperty. 3. The brother of the deceased, Ato Ali Aba Megel, and his sister, Woizero Desta Aba Megel, to get the rest of tl1e property. however, this division of the property could only be accomplished after a third of the property was given to tl1e poor and otl1er welfare agencies in accord ance witl1 the will of tl1e deceased and after the debts, if any, of the deceased have been paid. This judgment ,vas given i11 accordance witl1 tl1e cl1apter on Successio11 found in the Shariat legal book called "Mene I-Iaji Talibene", page 75. This book pro vides that ,vhen tl1e dead person has a daughter as his only child she sl1all i11herit half of his property, and if tl1e deceased l1as no male children or grandcl1ildre11, hls sister and brother will inherit, and $i11ce Haji Aba Megel ]1ad a cl1ild l1is \Vife will inherit ¼ of his property. Therefore, in accordance with letter No. 388 / 12/ 55, two accot1nta11ts l1ave been chosen by this court in order to calculate a11d estimate the value i11 money of the property of Haji Mol1amn1d Jemma. Tl1e accot1ntants chosen were Alo l\1l11lt1geta Desta, the clerk of this court, a11d Ato Aberra Dejene. Let a copy of this judgn1ent be sent to the I-Iighest. Sl1ariat Cot1rt for their information. Sig11ed rind Sealed KADI SAYID HoussEIN ALI
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EDITORIAL NOTE Approximately one-sixth of the ,vorld's population are :rv1oslen1s, a substantial number of -..vhom live in Ethiopia where special J,,1ohammedan Courts exist to l1ear disputes involving marriage, divorce and property for the adherents to this Religion. The legal principles which are applied evolve from the four basic scl1ools of Isla.nuc Jurisprudence (Hanafi, Malaki" Shafi, Hanbali), all of ,vhich stem from the Koran. TI1e trial court is kno,vn as the Naiba Council, appeals from whjch are taken to the Kadi's Council and the Court of last resort is called the Shariat. It has been estimated that there are 50 Naiba Councils and 18 Kadi Councils in Ethiopia. Approximately 200 cases a year are heard in tl1e Addis Ababa Naiba Council. The Muslim Judges are appointed by the Governm�nt and th� cour� follow the regular Civil Procedure a.nd Court Rules. Enforcement of Judgments 1s carried out througl1 the ordinary channels of the Judgment Execution Office. As may be seen from the illustrations in Form 22, Islamic Court Judgments are n1uch. more informal than those of the Etl1iopian Civil Courts. See Forn1 17. (Translation and information by Ato She,nellis Houssei11) - 105 -
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FORM 23 CANON LAW FETHA NEGAST - - CHAPTER VI.
MARRIAGES WHICl-I
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BE DISSOLVED
Marriage is dissol\1ed 011 three grounds: 1. If l1usband and \vife choose a religious life, as a monk or nun, by mutual
,co11sent.
2. The seco11d [ground for dissolving marriage] is the will of one of the spot1ses, tl1at is, if 011e reft1ses to ·the partner tl1e marital union, i.e., the pe:fo1111i�g -of [carnal] union, \Vllich is tl1e end of marriage, for the reasons ment1oned 1n lJart eigl1t on tl1a.t �,hich impedes marriage. For, in this case, the first end of 1narriage., wl1ich is to have offspring, is 11ot attained by such a marriage, (the ·011e sl1all refuse to the other the marital union) nor the end which follows it and \.Vhich is t}1e rerr1oving of the burden of concupiscence in the way not prohibited by 1aw.
In addition to the above, the lack of news concerning one of the spouses, ·for many years, due to his imprisonment or similar cause may constitute furth.er _ground for dissolving the marriage. I ( ' ' .
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3. The third dissolving grot1nd concerns the marriage in which another end ·of it is not attained, and such end is the mu�ual help in order to render life less ·burclensome and more agreable; and tl1is point is divided into three parts: I. In reference to one of the spouses : if a man persists in adultery with -a \Voman known before or after ltis marriage, or if he in any way falls into sin "'.Vith anotl1er woman, the marriage is dissolved. II. Adultery is not permitted as demonstrated before, and this is for two good considerations: a) adultery is not permitted because of the damage resulting to their lives by lack of food and by lack of n1utual care and affection for their ,children, since their life-long concern and interest are -constantly directed to that wl1ich is opposed to their good, and their substance is granted to strangers; b) and becat1se of the ma11's uncertainty about his own offspring: one not born to him · 1night be his beiI1g and one born from adulterous union might not inherit from his true fathers. Adultery is not JJermitted also lest the killing of one of the partners or also the seducer be occasioned by jealousy, or lest the killing of the one who ·devises the marriage of one of the adulterers happen. III. If there is damage to the life of one of the couple by the other and if ·tL1eir quarreling results in bitter violence involving enmity the marriage is dissolved. And for these three cases three canons have been established, and the first is this: First, the n1arriage is dissolved if husband and wife become monks by mutual .agree1nent. Second, the n1arriage is dissolved because of difficulty, i.e., if the - 106 -
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23
husba.nd is unable to perform carnal union with his wife and to do that which is proper to his nature; but he shall stay with her until tl1ree years after the attempted carnal union, and if he is yet unable at all to accomplish that wl1ich 11e wishes, then, the wife and her relatives are permitted to dissolve their u11io11. If it is the woman who does not want to dwell with him, she shall give the man his dowry, if he desires to retake it from her; but tl1e presents given before marriage shall remain to the man and he shall not give anything on l1is part. If a ma11 who married a woman found her wanting in regard to femini11e nature and of different structure fron1 her nature as one who is not suitable for a n1an, and if he has .said this at the first day of his contract with her or at tl1e second or third day, and if he acquainted the priest with l1er case, be is free fron1 any responsibility. And when the thing is well ascertained, the bishop must separate the1n and dissolve their marriage, and shall give the permission to tl1e man to 1narry again. Tl1e woman shall be punished and forbidden to marry; so l1er master sl1all be punished and excluded from entering the church for many days. But if the l1usband was aware and he kept hidden her condition and has dared to do a sl1ameful thing by attempting to unite with her for many days and after this her condition is known, he shall be punished. If he is from those who are continent and follo\v the way of purity, be shall not be permitted to marry; but if he is 011e about vvhom one fears that he may commit shameful acts \.Vorse than that which he has per formed let him be married. (Translated by Abba Paulos Txadua, Dr. Pol. Sc., Dr. Jt1r.. for the Faculty of Law, Haile Sellassie I University.) EDITORIAL NOTE Canon Law is that body of legal principles or jurisprudence adn1inistercd by the eccle siastical courts of an established church wl1ich, in Ethiopia under Article 126 of the J{evised Constitution of 1955, is the "Ethiopian Orthodox Church" \Vhich \Vas founded in the Fourth Centl1ry A.O. Article 127 of tl1e Constitution provides that "The Organization and Secular Ad.ministration of the establisl1ed Church sl1all be governed by La,v" and uses the term Canon La,v in the English translation. Present day Ethiopian Church Court,;; have no temporal jurisdiction but they act in a li1nited sense over certain cases of marriage, divorce, guardianship and property. See Article 10 of Decree No. 2 of 1942. The Canon Law they apply in these spiritual cases is derived from tl1e Fetha Negast; see Form 1. The following Church Courts are presently functioning in Ethiopia: 1.
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a) Alvraja Courts. Jn every A\vraja (district) of the En1pire there exists an Awraja Court of the Orthodox Church. It is the lowest court in the hierarchy of the Church Courts and functions as a first i11sta11ce court. It is composed of three Judges and is pre sided over by the Church Officer of the A,vraja. b) Teklay Ghizat Co11rts. In every Teklay Ghizat there exists a Teklay Ghizat Court of the Church. It functions as both a first instance and an appellate court. For cases arising in the capital of the Teklay Ghizat, it functions as a first instance court and for the cases coming from different Awrajas of the Teklay Ghizat it functions as an appellate court. It is composed of three Judges presided over by the Bishop of the Tek]ay Gbizat.
2. IN ADDIS AD.ADA : -
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b) As the Teklay Gb.izat of Shewa does not hav� a bis�opric there is ano�e_r �o.urt within tl1 e Precincts of the Central Church Office having only appellate Junsdiction for cases that come on appeal from different districts of Shewa and metropolitan Addis Ababa. It is composed of three judges. c ) Two appellate courts. (Seated witl1in the precincts of the Central Church Office). 3.
TI-IE ECCLESL.\STICAL COUNCIL: -
This is an appeals court dealing purely with n1atters exclusively internal in nature. This is to say, it l1 andles controversies tl1at arise betwee� t1?e clergy or o_ther employees . <?f t�c Churcl1 on matters that affect discipline, excomn1un1cat1on or promotion. Its composition 1s large. 4.
COUNCIL OF APPEAL OR APPELLATE COUNCIL:
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Tl1is is a court that l1ears cases involving personal. status, such as divorce and separation for those wl10 ,vere married by tl1e cl1 urcl1 in a religious ceremony. As can be seen fron1 tl1e above, at the I1 igher level, the Courts of the Ethiopian Orthodox Church are divided into t\vo separate divisions and \Vith separate jurisdiction. That is to say, tl1e cases tl1at tl1e appelJate Courts l1ear l1ave been differentiated while in the lower level Teklay Ghizat and A\vraja they are merged in one court. \Vhy these two appeals courts h.avc different jurisdiction is un.k.no\vn but one of the reaso.ns for tl1e creation of these appeals courts \vould seem to be procedural necessity. • There �re no separate \vritten procedural rules for tl1ese Church Courts. Howeve.r, there exists a procedure adopted by usage. For example,· where a party in a case, either defendant or plaintiff, loses his case in t,vo courts of different ltlerarchy, be cannot lodge a second appeal. But if different decisions are reached by tl1e first instance co1rrt and the immediate apJJcllate court, the losing party can go to tl1e next court on appeal. It seems tl1at it is for these later cases tl1at these two appeals Courts are established: . TJ1e present �xistencc of tl1e Et11iopian Ch11rch Courts sten1s fron1 long pra.ctice rather than formal law. Neither tl1 e 1931 Constitution nor the Revised one of 1955 mentions them, although ,ve are not sure wl1at the law governing tl1e Secular administration of the Church e�v!saged by Art!cle 127 of the Revised Constitution is going to say about it. Even the C_1v1_l Code, es1Jec1ally the provisions that govern cases· of personal status, reserves no juris d1ct1on for the Cl1urch Courts.
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FORM 24 TREATY AMITY AND ECONOMIC RELATIONS BETWEEN THE UNITED STATES OF AMERICA AND ETHIOPIA FORM 24 (A) TEXT OF TREATY The United States of America and Ethiopia, desirous of emphasizing the friendly relations which have long prevailed between their peoples, of manifesting their common desire that the rugh principles in the regulation of human affairs to which they are committed shall be made more broadly effective, and of en couraging mutually beneficial investments and closer economic intercourse gener ally between their peoples, have resolved to conclude a Treaty of Amity and Economic Relations, and have appointed as their Plenipotentiaries: The President of the United States of America: The Honorable J. Rives Childs, Ambassador Extraordinary and Plenipotentiary of the United States of· America to Ethiopia, His Imperial Majesty, The Emperor of Ethiopia: His Excellency Ato Aklilou Abte Wold, Minister for Foreign Affairs of Ethiopia, Who, having communicated to each other their full powers found to be in· due form, have agreed upon the following articles: ARTICLE
I
1. There shall be constant peace and firm and lasting friendsl1 ip between lhe· United States of America and Ethiopia. 2. The two High Contracting Parties reiterate tl1eir intent to ft1rther tl1e· purposes of the United Nations. ARTICLE
II
Each High Contracting Party shall have the right to send to the other High Contracting Party duly accredited diplon1atic representatives, wl10 shall be received and, upon the basis of reciprocity, shall be accorded in the territories of such other High Contracting Party the rights, privileges, exemptions and immunities due. them under generally recognized principles of international law. ARTICLE
Ill
1. The consular representatives of each High Contracting Party who are assigned to the other High Contracting Party, and are duly provided with ex equaturs, shall be permitted to reside in the territories of such other High Con tracting Party at the places where ·consular officers are permitted by the applicable - 111 -
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laws to reside. Tl1ey shall enjoy the privileges and im�unities ac� orde� to officers of tl1eir rank by general intematio11al usage, and subJect to reciprocity, shall be treated in a manner no less favourable than similar officers of any third country. They sl1 all be permitted to exercise all functions, subject to reciprocity, which are in accorda1 1ce witl1 general international usage. 2. The consular offices shall not be entered by the police or other local authorities witl1out the consent of the consular officer, except that in the case of fire or otl1er disaster, or if the local authorities have probable cause to believe tl1 at a crime of violence l1as been or is about to be committed in the consular office, consent to entry shall be presumed. In no case shall they examine or seize the papers there deposited. ARTICLE
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I. All furnit11re, equipment and supplies consigned to or withdra\\'Il from customs custody for a consular or diplomatic office of either High Contracting Parly for official use shall be exen1pt \Vithin the territories of the other High Co11tracting Pa.rly from all customs duties and internal revenue or other taxes wl1ether imposed upo11 or by reason of importation. 2. Tl1e baggage, effects and other articles imported exclusively for the per so11al use of consular and diplomatic officers and employees and the members of their fan1ilies and suites, who are 1 1ationals of the sending state and not nationals of the receiving state and are not engaged in any private occupation for gain in the territories of the receiving state, shall be exempt from all customs duties and inter11al revenue or other taxes imposed upon or by reason of importation. Such exemption sl1all be granted with respect to the aforementioned property accom JJanying the person entitled tl1ereto on first arrival and subsequent arrivals, and that consigned to him during the period in which he continues in status. 3. It is 11nderstood, however, that: (a) paragraph 2 of the present Article s.hall apply as to employees in a consular office only when their names have been duly con1 1nunicated to the appropriate authorities of the receiving state; (b) in the case of consignments, either High Contracting Party may, as a cond.ition to tl1e granting of exemption, require that a notification of any such consignment be given i1 1 a prescribed mrumer including an indication of the contents of the consig11n1 ents� and (c) notl1ing herein authorizes importations specifically prohi� bited by law. 4. Eacl1 Higl1 Contracting Party shall be exempt, on a reciprocal basis, witl1in tl1e territories of the other High Co11tracting Party from taxes or other similar charges of any kind upon real property and appurtenances owned or possessed by it for diplomatic or co11sular purposes; and such property shall not in any event be treated in a manner less favorable than similar properties of any third country. Such exemptions shall, however, not apply to charges or assessments leviecl for services or public improvements by which such properties are benefited. ARTICLE
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1. No tax or other similar charge of any kind shall be levied or collected witl1in the territories of the receiving state in respect of the official emol1nnents, - 112 -
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FoRlvI 24
salaries, wages, or allow,1nces received: (a) by a co11sular officer of the sending state as compensation for rus consular services; or (b) by a consular en1ployee thereof as compensation for his services at a consulale. Likewise, consular officers and employees, who are permanent employees of the sending state and are not engaged in private occ'u_ pation for gain witl1in the territories of the receivi_og state, shall be exempt from all taxes or otl1er similar cl1arges, the legal incidence of which would otl1erwise fall upo11 st1ch officer or e111ployee. 2. Tl1e preceding paragraph shall not apply i11 respect of taxes and other similar charges upon (a) the ownersl1ip or occupation of immovable property situated with.in the territories of the receivi11g state, (b) income derived from sources within such territories (except t11e con1pensation mentioned in tl1e preced ing paragraph), or (c) tl1e passing of properly at cleatl1. 3. The provisions of ll1e present Article shall have like application to dip lomatic personnel. who shall in addition be accorded all exemptions allowed them Linder general international t1sage. 4. The exe1nptions provided for in tl1e present Article sl1all apply only to nationals of the sencling state, but sl1all 11ot apply to st1cl1 nationals wl10 are also nationals of the receiving state.
VI 1. Nationals of eitl1er I-Iigl1 Co11tracting Party sl1all be pern1itted, subject to immigration ]a\.vs and regt11ations, to enter the territories of tl1e otl1er I-Iigl1 Con tracting Party and to resi.de therein for tl1e purpose of engaging in inclt1stry, carry ing on international trade, or pursuing studies, upon tern1s no less favorable tl1an those accorded to nationals of any tl1ird country. ARTICLE
2. Nationals of either I-Iigh Contracting Party shall receive the most constant protection and security withi11 the territories of tl1e otl1er I-Iigl1 Contracti11g Party. When aoy such national is in custody, he shall in every respect receive reaso11able and humane treatment; and, on his demand, the diplo1natic or consular represe11l ative of his country shall be immediately notified and accorded full opportt1nity to safeguard his interests. He shall be pron1ptly inforn1ed of tl1e accusations agai11st J1irn, allowed ample facilities to defend l1imself and given a pron1pt and impartial of his case, in accord witl1 modern standards of justice. disoosition • 3. Nationals of either High Contracting Party within the territories of the other Contracting Party shall enjoy freedom of conscience of worship provided their religious practices are not contrary to public order, safety or morals; sl1all ,l1ave the right to commt1nicate witl1 otl1er persons inside and 011tside such terri tories; and shall be accorded n1ost-favored-natio11 treatment witl1 respect to en gaging in religious, philanthropic, educational and scientific activities. They shall also be permitted to engage in the practice of professions for which they have qualified. ARTICLE
VII
I. Companies constituted under the applicable laws and regulations of either High Contracting Party shall have tl1eir juridical status recognized within the - 113 --
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territories of the other High Contracting Party. As used in the present Treaty, ''companies'' means corporations, partnerships, companies, and othe_r associa�ions, whether or not with limited liability and whether or not for pecuniary profit. 2. Nationals and companies of either High Contracting Party shall have free access to the courts of justice and administrative agencies within the terri tories of the other High Contracting Party, in all degrees of jurisdiction, both in defense and pursuit of their rights, to the end that prompt and impartial justice be done. Such access shall be allowed, in any event, upon terms no less favorable than tl1ose applicable to nationals a11d companies of such other High Contracting Party or of any third cot1ntry. It is understood that companies not engaged in activities witlun the country sl1all e11joy the right of such access without any requirement of registration or domestication. The provisions of this paragraph sl1all r10L be deemed to affect tl1e applicable laws with respect to cai,tio judicatz,tn solvi provided tl1e requirements thereof are not excessive or arbitrary. 3. Neill1er High Contracting Party shall be obligated (a) to accord the ad vantages of the succeeding Articles of the present Treaty to any company in the ownersl1ip or direction of which nationals of third countries have directly or indirectly a controlling interest, or (b) to permit religious, philanthropic and cultural organizations to engage in commercial or other activities for pecuniary profit. ·- - ARTICLE •
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__..A_nf dispute between the High Contracting Parties as to the interpretation or app11cat1on of the present Treaty, not satisfactorily adjusted by diplomacy, shall at the reqt1est of either High Contracting Party be submitted to the International Court of Justice, unless tl1e High Conlracting Partjes agree to settlement by some other pacific mea11s.
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ARTICLE
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The present Treaty shall replace the Treaty of Commerce signed at Addis Ababa 011 June 27, 1914. AR1'ICLE
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XIX
1. The present Treaty sl1all be ratified, and the ratifications thereof shall be exchanged at Addis Ababa as soon as possible. 2. The .r�ese�t Treaty shall enter into force one month after the day of ex ?hange of ratif1cat1ons: It sh�ll remain i n force for ten years and shall continu e m force thereafter until termrnated as provided herein. 3- Either_ High Conl:acting Party may, by giving one year's written notice t. 0. t?e other High <?ontract1ng Party, terminate the present Treaty at the end of the 1rut1al ten-year period or at any time thereafter. IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Treaty and have a.ffixed hereunto their seals. -114 -
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RATJFIC1\"fION OF TREATY
FORM
24 (B)
Done i11 duplicate at Addis Ababa this Seventh day of September One Thousand Nine Hundred Fifty One, in the English and Amharic languages, botl1 e qually authentic except that in any case i11 which divergence between the two versions results in different interpretatio11s the English versio11 shall be give11 preference. J. Rives Cl1ilds .!l kli/011
FORM 24 (B) RATIFICATION OF TREATY WHEREAS the Senate of tl1e United States of America by their resolutio11 of July 21, 1953, two-thirds of the Senators present concurring therei 11 , did advise and consent to the ratification of tl1e said treaty a11d notes; WHEREAS the said treaty and notes were ratified by the President of tl1 e United States of America on Altgust 4, 1953, in pursuance of the aforesaid advice and consent of the Senate, and were dt1ly ratified on the part of Etl1iopia: WHEREAS the respective instrt1n1ents of ratification of the said treaty a11d 11 otes were duly exchanged at Addis Ababa 011 September 8, 1953;
AND '\VHEREAS .it is provided in paragraph 2 of Article XIX of tl1e saicl
treaty that the treaty sl1all enter into force one 1no11tl1 after the day of excl1ange of ratifications; NOW, THEREFORE, be it known that I, Dwight D. Eisenhower, President: of the United States of America, do hereby proclain1 ancl n1 ake public tl1e said treaty and notes to the end tl1at the san1e and each a11d ever), article and clat1se thereof may be observed and fulfilled with good faith 011 and after October 8, 1953, one montl1 after the day of exchange of ratifications, by tl1e U11ited Stales of America and by the citize11s of tl1e United States of An1erica and all otl1er persons subject to the jurisdiction thereof. IN TESTIMONY WHEREOF, I l1ave l1ereu11to set 111y J1and ::ind cause(i the Seal of the United States of An1erica to be affixed. DONE at the city of Washington this third day of Novem ber in the year of ot1r Lord 011e tl1ousand nine hundred fifty-three and of the Independence of the U1Jited States of America tl1e one ht1ndred seventy eighth.
By the President: DWIGI·JT D. JOHN FOSTER DULLES
Secreta, y of
State
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EISENf-fOWER
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K O O B M R o F lJ A G E L N IA P E·rr-IIO
Y T A E R F T O N O I T A G L U M O R FORlVI 24 (C) P ) 0 6 19 f o 3 16 . o N n o ti 1a (Procla11
t en nm and the er an ov G pi io th E l ia er np I1 e tl1 n ee t\.v be \VI-IEREAS, a Treaty io at tr is d in m n an of ad n tio la gu re e th r fo ce an Fr of Gover11me11l of the Republic ba'' was signed be is A dd A ti u o· jib D de r Fe de i11 m l1e tl1e ''Franco-Etriopiar1 C d an ; 59 19 , er 1b en ov N of y da tl1 12 at fa..ddis Ababa on the r of be d am an te Ch na Se ur O to ed itt bm su en be s l1a ty WHEREAS, said Trea Deputies for tl1eir approval; a11d ed d ov sai ly pr du ap ve ha s tie pu De of er nb 1a1 Cl d a11 te VvHEREAS, Our Sena Treaty; ancl ed said Treaty; ifi rat ve ha , 60 19 h, arc M of y da th 30 s thi on e, S, W EA ER V/H 34 30, les tic Ar of s ion vis pro the th wi ce an ord acc in , RE FO RE NOW TI-IE ate Sen of 1r 01 on uti sol Re tl1e e rov app We n, tio itt1 nst Co ecl vis Re r Ou of 88 .. 1nd �tnd Cl1ambe.r of Depttties and We hereby proclaim as follows: 1. Tl1is Procla· n1atio11 n1a y be cited as tl1e ''Ethio-Fra11co Railway Treaty Procla.mation, 1960''. 2. ''Treaty'' 1nea11s tl1e Treaty between the Imperial :Ethiopia.n Government a11d the Gover11ment of the Republic of France signed at Addis Ababa on tl1e 12th day of November, 1959. 3. TJ1e Treaty and all tl1e ter111s and conditions tl1ereof are hereb)' approved. 30TH DAY OF MARCH, 1960. TSAHAFE TAEZAZ AKLILU HABTE WOLD De1J1,1ty Pri111e 'A1inister ancl Minister of Pen
DONE AT ADDIS ABABA Tl-IIS
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EDITORIAL NOTE r'\._ Treaty is a c?nlpact ?et\vee11 two or n1ore sovereign nations properly signed by . hor1zed representatives, as 1n Form 24 (A) and solemnlY rat·t· J1on <1ut_ · t·e fasI· 1 1ed 1n · appropr1a ·-1s - (B) and (C)· 1t not only becon1cs tl1e Law of t l1e respective nations but also ' 1n . Fo1111s ?4 , . I_f only t,�o. 11atio11s are involved, it is � Bi-lateral ������� f{ o t et\.Vee� theni � t��:�1 t� 0 nations are invol � � � o ved 1t 1s a Mt1lt.i-lateral Treaty. - , A Pact bet,-veen many nations for tlle regu la�oi� · of matters of con1mo11 interest, such as international postage \vh·ic_i 1 c10 es not coine \\'�tl11n t l 1e t1sual Treaty real m of political and comnicrcial interco'urse, is ca e d a C onvent1on. . . der .1\rticle 30 of tl 1 1 . . Un ie Rev·ise. d . C oilSltttitJ.oi1 of. 1955, tl1e En1peror alone exercises the supreme direction of forei 11 �ffarr� . �f tlie En1p1re. bt1t certai11 Treaties (e.g ., thos e . � relating to peace, involvin loan 01 .� 0dif ing _legislation _ i n existence), reqt1ire the �pproval of a majorit)' of both Ifot7ses of p ai iament _ � ?efore. becoming le�al ly effective. Treat1�� made 1 by tl1e Emperor alone are usuall not published 111 the Neg_ar1t Gazeta; tl1ose ratified by Parl ian1ent ( 1nostly loan ait d credit agreements)_ are so IlUbl1shed. Exan1ples of the latter ,vould be Proclaniation No 198 of. 1962, dea ling with a loan to the Imperial Board of . Tele-C orr1munications by th� Tu� rn�tiona� Developn1ent, an d Bank for and �econstruction Proclan1ation No. 190 of 196;, Je l in t 1 an ex�ens1on of credit by the U.S.S.R. to th e Jn1perial Ethiopian Governn1;;,_t · �. 0 5 � t e1 n1ost important of all, of course, would be Procla1nation No. 202 of 1963 11c�1 created the Organization of Africa.a Unity (O�U). �fhus it n1ay be seen that som"' ;r:1 at�f t do not retain tl1eir ublished p are but such as in the form of a Procl;mation1:: as is I ustrated by the excerpnan1e For n1 24 (C) . t in · . 1ng In other \Vords , the'T'reattes tl1emselves are n_ ot bl1s ffv ra e the • 1 th y onl h n1, for 1 t tex 1n ec · pu docun1ents so appear. The sole excepf1.00 to this rLi e O.A.U. Charter, · date is to the fu l l text of whicJ1 apJlears in ·th,.e Negartt 0 azeta. 1 L
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FORM 25 EXCfIANGE O.F NOTES .
MINISTRY OF FOREIGN AFFAIRS No...................... Addis Ababa 7t11 S�ptem_ber, 1951 EXCELLENCY, Upon the occasion of tl1e sig11aturc tl1is day of the Treaty of Am.ity and Economic Relations between Ethiopia and the United States of Atnerica, I have the honour to assure the Gover.nment of the United States of A111erica that in conformity with the assurances previously given and with the firm desire of His In1perial Majesty and of the Imperial Etl1iopian Governme11t to provide al all times a n1odern and enlightened system of courts and judicial ad111inistration, in the hearing by tl1e High Cot1rt of any matter, all Arn.erica11 citizens shall have the right to den1and that one of tl1e judges sitting shall have l1ad judicial ex perience in other la.nds, a11d that any An1erican citize11 wl10 is a party to any proceedings, civil or criminal, within the jurisdiction of a regional, co1nn111nal or provincial court, may elect to have the case tra11sferred witho11t additio11al fee or charge to the High Court for trial. Moreover, America11 citizens, if arrested, shall be incarcerated only in prisons ,vl1icl1 are approved by a11 officer wl10 ]Jas had experience in modern prjson adn1inistration. I avail myself of this opport11nity to renew to Y011r Excellency the assura nee of my highest consideration. [Seal] His Excellency
AKLILOU
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J. Rjves Childs An1bassador of t/1e U11iteci States of A111erica A ddiJ· Ababa
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ETI-IIOPJAN LEGAi� f()flMBOCJl< T.l-IE AMERICAN AMBASSADOR TO TI-IE ETI-IIOPIAN MINISTER FOR FOREIGN AFFAIRS
THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA American E1nbassy Addis Ababa, September 7, 1951 EXCELLENCY: I have the honor to aclu1owledge the receipt of Your Excellency's note of today's date, reading as follows: "Upon t11e occasion of the signature this day of the Treaty of Amity and Economic Relations between Ethiopia and the United St.ates of America, I l1ave the l1onour to assure the Government of the United States of America tl1at in conformity with the assurances previously given and with the firm desire of I-Iis l111perial J\1ajesty and of the Ethiopian Government to provide at all ti1nes a modern and enlightened system of courts and judicial ad n1inistration, in the hearing by the High Court of any matter, all American citizens shall l1ave tl1e right to demand that one of the judges sitting shall l1ave l1ad judicial experience i11 other lands, and that any American citizen v.1ho is a party to any proceedings, civil or crin1inal, within the jurisdiction of a regional, com1nunal or provincial court, may elect to have the case transferred without additional fee or charge to the High Court for trial. Moreover, An1erican citizens, if arrested, shall be incarcerated only in prisons whicl1 are approved by an officer who has had experience in modem prison administration.''
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I have the honor to thank Your Excellency for tl1ese assurances, of which 1ny Governn1ent has taken due note . I avail myself of this opportunity to renew to Your Excellency the assurances of my higl1est consideration. [Seal]
J.
RIVES CHILDS
His Excellency Ato Aklilou Abte Wold, Mi11ister of Foreign Affairs, /1rz.1Jerial Ethiopian Govern,nent Addis Ababa EDITORIAL NOTE sove Notes is any form of diplomatic correspondence Exchan between two An e of � . reign States. It 1s freque�tly used to regulate matters of a technical character. Inasmuch as the Notes _u �ua�y enter into effect_ upon execution and signature without the necessity for formaI ratificatio!1, they are particularly convenient where expeditious actio.n is required. Occas1onally, as � the case of Fo� 25, they relate to some previous relationship which l1ad been entered mto by the respective sovereigns. - 118 -
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FORM 26 INTERNATIONAL AGREEMENT Between THE IMPERIAL ETHIOPIAN AND ROYAL SWEDISlI GOVERNMENTS
Concerning Technical-Co-operation in the Field of Health The Imperial Ethiopian and Royal Swedish Governments, having concluded an Agreeme.nt concerning the establishment in Ethiopia of a cl1ildren's Nutrition Unit, having regard to the fact that this Agreement expired on the 30th of June, 1964, being desirous of continuing and developing the fruitful co-operation tl1us begun in the field of health, l1ave agreed as follows: ARTICLB I DESCRIPTION OF Tl·IE PROJECT
1. T11e objective of the Children's Nutrition Unit established under tl1e ten11s of the preceding Agreement shall conti11ue to be the study of the prerequisites for an improvement of the nutritional status of children in Ethiopia of pre school age. The ways and means of attaining this objective sl1all remaiJ1 the following: a) A survey of the incidence of malnutrition in selected groups of Ethiopian children; b) A chemical and biological analysis of food co11sumed by fan1ilies linder observation; c) An enrichment programme with special empl1asis i11 indigenous foodstuffs locally available; d) An evaluation of physical fitness in scl1ool age children and adults in rela tion to their nutritional status; e) Nutrition teaching on various levels. 2. Activities undertaken within the framework of thls Agreement shall be co ordinated with the regular public health programme of Ethiopia. ARTICLE
II
ORGANIZATION OF TIIE PROJECT
1. The activities of the Children's Nutrition Unit shall be directed by the two Governments through a Board of two Members, of whom the two Govern ments shall appoint one each. The Board may invite the Representatives in Ethiopia of the United Nations Children's Emergency Fund, the Food and Agriculture Organization, and the World Health Organization as well as other experts in fields relevant to the Board's work to participate in its meetings in an advisory capacity. - 119 -
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d s ·ueprvi�e d, under the an d te ec ir � e b l al sh t ni U . Tlle scientific work of the C 1ttee org�nized h 0 rc ea es R n 1o �t tr u � a y b , d � general atitl1or ity of th e Boar 1� ct e Urut and w � ta n co se o cl 1 11 ta 11 a1 ro l al sh , in Swede il. Tlle Committe e e latter s act1v1t1es . th f o s lt su re c fi ti n ie sc shall ptiblisli reports on the a_nd to the Nutritio11 rd B oa e th � t _ l� ib 1s o1 sp re e b l al 1 Un i . A physician-in-Cliief sl t es o f· the 1 rt v t1 ac t n re r cu 1e tl r Researcli Comm ittee fo ARTICLE ill
SWEDISI-1 CONTRIBUTION
, For t11e purpose of tl1e Cl1ildre11 s Nt1tritio11 Unit, the Royal Swedish Govem r11e11t sl1all make tl1e following contrib11tion.
d, the Royal Swedish ar Bo e th of al ov pr ap e th tl1 vvi ecl oy 1pl 1 e1 be to el 1. Perso11n e cruitment, salaries and related emolur ir tl1e for e ibl 11s 1Jo res be to 1t 1 11e r111 ve Go ments and l1011 si11g, i11s11ranc e a11d travel expenses: 3) T\.vo qualified physicians of suitable , seniority; on e of these to b e a ped.ia tricia11, a11cl tl1e otl1er a biocl1eroist; 011e of tbe1n to be the Physician-i n-Chief of the Unit; b) One or t\"-\10 pl1ys icia11s q t1alified for sp ecial stuclies at the laboratory (follo\v-·upstL1dies 011 pl1ys ical fitness) and for 1vvork at the field centre s and field stations, as assistants to tl1e se nior pl1ysicians; c) Two laboratorj' engi 11eers; d) N11rses a11d/or 11utritio11ists� e) Other perso11nel wl1ose recruitment u11de r the conditions laid down in this paragraph shall b e required .
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2. Perso_n11el to be rec ruited locally by tl1e Physician-in-Chief, the Royal S\.ved1sh Governn1ent bei11g respo11sible for their sa.laries : a) Laboratory technicia11s; b) Registered nurses or ad.vanced dressers; c) Other Personnel whose recrt1it1nent on th e condit ions laid do1,vn in this paragra.ph shall be required. '
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3· All_ expe,nses for the Nutrition R.esearcl1 Co�roittee including ·remuneration to �ts Memb�rs, t_ravel expe11ses. and expen s es for 'work performed for the proJect at u111vers1ty laboratories i n Swed en.
4· N e� bu�ldings, . �quiJ?1ne11t, and materials, as and \\rhen requi red for the ehildre11 s Nutr1t·10 Uni·t, 1· 11cIud1�g · wer p� c electri trans and port vehicles .. F . . �. unit�. or the du.ratio� ot tl1e validity of this Agreement, all the buil dings� equi�ment, autl materials provide d for the Childr en's Nutrition Unit sh all . 1 at tl1e disposal o� the Board. Such buildings, equipment and mate rials :�:�f �ecom rn ove e aDd remain the property G. n of the Imperial Ethiopi a e � cept a� · regard� equipmen t provided for the laborato y r of lheof �:�d·r en s U . N utr1 t10n rut • whlcl1 eqwpm · e nt shall remam he prope..rty t the RoYal s wed'1811 Governmen t, 11nl . 1de dee wise ess the Boa rd shall other - 120 -
INTERNATIONAL AGREEMENT
FORM
26·
5. Funds .to be put at the disposal of tl1e Board for the defrayal of operational expenses of the Children's Nutrition Unit while this Agreement remains in. force. ARTICLE
IV
ETI·IIOPIAN CONTRIBUTION
For the purpose of the Chilclren's N11trition Unit, the Imperial Etl1iopian. Governme11t shall make the following Contribution. 1. Personnel to be employed with tl1e approval of the Board, tl1e In1perial Ethiopian Government to be responsible for their recruitment, salaries a11d related emoluments, and housing, all sucl1 personnel to have a satisfactory knowledge of the English language : a) One biocl1emist, one agriculturist, 011e nutritionist, one 11t1rse, and one health officer, as counterparts to the perso11nel me11tioned tinder para graph 1 of Article III; b) Trainees to work at the laboratory of the Childre11�s Nutrition Unit; c) Other personnel as required. 2. Sucl1 existing buildings, sites, and furniture as shall be required a11d s11itablc for the field centres, field stations, a11d housing of the personnel rne11tioned under paragraph 1 of Article III. 3. Such other facilities as shall be required for tl1e project, incl11ding food stuffs for tl1e enriclm1ent programine mentioned under subparagraph c) of paragraph 1 of Article I. ARTICLE
V
0TI-IER CONTRIBUTIONS
As desirable, the Board may request, through the two Gover11n1ents, of the United Nations Children's Emergency F11nd, tl1e Food and Agriculture Or ganization, the World Health Orga11ization, and otl1er international organiza tions such personnel, equipment, and 1naterials as such organizations n1ay be in a position to provide for the Children's N11trition Unit. ARTICLE
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RIGI-ITS AND EXEMPTIONS
1. All personnel contributed by the Royal Swedish Government in accordance with paragraph 1 of Article III as well as accompanying and dependent members of their families and other men1bers of their households except Ethiopian nationals shall be exempt: a) from payment of Ethiopian taxes and other legal deductions and duties on the salaries and allowances that are paid to them by the Royal Swedish Government during tl1eir assignn1ent to the project; b) from all import and export duties as well as other fiscal charges in respect of the dutiable furniture and personal effects in1ported by then1 witl1in - 121 -
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e iv us cl use. The term n ex ow r ei th r fo l va ri ar ir 1e tl six moiiths after d ol e eh on us h ho ea o ot r m fo , e ar ud rc cl in � so al l al sh ' s' ct fe ef l na ''perso er and tape. ay pl re d, 10 or ad e on r, ze � re -f � ep de � 011e refrigerator, one es d nc an ia e set of pl on ap al ic tr ec el or in m t, se 1 o1 si vi le te recorder, on e pl1otographic and cine equipment; s, ge ra ve u be s, d. 0th.er st od fo !f ts, en m ca ed � m on � s tie du rt po im c) from _ n mark t, w1thm _ ia op hi Et e th the � _ _ articles of daily 11se 11ot available 1n . r es ei 1l1 th m o� fa e os th d an ts en n1 ire qu re al on rs pe limits of their s ial ter d ht an ma oug , br les hic ve to tor n1o ing lud inc 11t, me uip eq s, 2. Fund e of pia fre hio y Et an o int d duties tte mi ad be ll sha III le tic Ar r de un pia hio Et or taxes whatsoever, an d free of any currency or foreign exchange controls. 3. Tl1e Iinperial Etl1iopian Government shall allow and facilitate the dispatch to S\vede11, free of a11y duties or taxes whatsoever, of foodstu.ffs and samples of prep;:1red food intended for scientific analysis at laboratories in Sweden. ARTICLE
VII
FINAL PROVISIONS
1. This Agreement shall enter into force on the date of signature and shall expire on the 30th of J11ne, 1967, unless terminated before that date by eitl1er Government l1aving given not less than six months written advance 11otice to that effect. .. . '
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2. Agreernents subsidiary to this Agreement may be entered into by the two Go,,er11n1� nts by 1nea11s of exchange of letters. Such subsidiary agreements sl1all ex�1re 011 1l1e same date as the main Agreement except insofar as s hall _ _ : st1p be othe1w1se u!ated by s11ch exchanges of letters. DOl�E IN DUPLICATE AT ADDIS ABABA, TI-IE ELEVENTH DAY OF NOVEMBER,
(Sgd) Abebe Retta For the Imperial Etlzio1;ian. Goverri111ent:
1964 .
(Sgd) Par Kettis
For the Royal Swedislz Government:
EDITORIAL NOTE
.1nt_erna. A n International Agreement is a contract . in wntten form which is governed by tional law and concluded bet\ e 0 or mo e sover eign states, or other subjects of 1 nt �r � _ nat ional law, po ssessed of tre �� ��;'� than a Treaty. See Form 24_ Tiii s d �!1� _ c apacitr. I� 1s usually ?f lesser status and formaleeitYn a �ta�e and a forei gn citizen o r le gaf Iru�ion ord1nanly does n_ot cover an agre�ment betw31 ) en�ity such as a corporation. (See Concess1on, Form . · Tl11s 1s so, because such an agr 15 not concluded between two or :ment is g�nerally not governed by international law andJaw , sovereign states, or other subjects of international possessed of treaty-making cap aci��
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FORM 27 MEMORANDUM OF AGREEMENT (or Understanding) BET\.VEEN ETI-IIOPIA AND SUDAN
July 28. 1965 Following is the memorandL1m of agree1neut betwee11 the governments of the Sudan and Ethiopia: Conscious of the longstanding friendly relations between tl1e two cou11tries and tf1e eternal brotherhood an1ong their peoples; Having in mind the most amicable relations that have enabled them to over co1ne any and all differences in the past; Convinced that it is essential for their good neighbourly relations to eliminate all the causes of misunderstanding wl1ich may impair tl1eir friendly relations; Desirous to renew and consolidate the historic cordial relations between the governments and peoples of the t\vo countries; Reaffirming their strong adherence to the Charters of African U11ity a11d tl1e United Nations; And, further, desirous to reinforce the links between tl1e two states by removing all sources of conflict and misunderstanding. Have agreed as follows: Neit11er party sl1all engage itself or allow its own nationals or nationals of the other party or any foreign state or any other persons or institutions \Vitl1in its jurisdiction to engage i11 any type of activities tl1at are ]1armful or designed to harm the national interests of the otl1er part}'. In particular the parties agree as follows: 1. Subject to the principles of international law and custon1, neitl1er party sl1all allow any hostiJe propaganda of wl1atever origin to be disseminated or con ducted by press, radio or any other media, within its jurisdiction against the national interests of the otl1er party. 2. Neither party shall permit, allow or provide facilities for the transfer of arms and ammunitions or traffic of arms or amn1t1nition of any type within its territorial jurisdiction, when the anns and ammunition are designed for use by outlaws, rebels or secessionists within tl1e territorial jurisdiction of the other party. 3. Neither party shall allow the nationals of the other party to engage in or conduct in any type of activities that are directly or indirectly designed to encourage secessionist movements in the territory of the other party. 4. Both parties shalJ talce immediate and effective measures to eliminate all offices that are established by dissident elements or other persons and institu tions in the territory of the other party for conducting activities inimical to - 123 -
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5. 6.
7. 8.
re e ca tk t, l that no sucl1 al sh d an ty ar p r ]1e ot 1e tl of the 11ational intere.sts offices are establisl1ed in the fut11re. a traini�g � nter for a.ny as ed us be to y or it rr te its \v lo al � N·eitller party sl1aJl s n1 cess1o em ge se ov ?1 u co en ts or en t uc nd : co to � l1 is \v ho \v s on rs pe person or e eff_orts to discov er the t1v s po rt ex to d an � y rt pa � er th ei in the territory of d an sb me. ly di sa te 1a ed m 1m 1d a1 s er 11t ce 11g ni ai tr 1 cl su existence of any Neitl1er party sl1all allow any person to "Yhom asylum _has b_een granted to e11 gage j11 an)' activities l1ostile or subversive to the nat1ona1 mterests of t�e other party. If any person or persons t� whom asyl� m has been grant7 � 1s fou11d e:·,gnge d i11 activities i11co11sistent with the recogn1zed status of a pol1t::Jcal refugee, s11ch perso11 or persons shall, in acordance with the rules and custom of i r 1ternatio11al law, forfeit tl1e status of political refugee and sha. ll not be allo\-ved to stay i11 tl1e cot1ntry. Botl1 parties agree to put i11 to effect the Extradition Agreeme11t signed on }Jarcl1 29 , 1964, im111ecliately after ratification by both parties. Witl1 ot1t prejt1dice to tl1e right of political asjrlum as established by interna tio11al law, neither party shall, as far as IJOssible, allow nationals of the other iJarly \Vl10 are 11ot holding a valid passport to establish residence within its territorial j11risdictio11, unless the two parties agree otherwise.
9. Both parties, respecting the bom1daries as defined in the existing treaties, agreeme11ts or protocols, u11clertake to prevent and bring to an end any in c11rsio11 objected to by either party.
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10. Both partie � agr�ed. to establish a joi11t consultative con1.mittee composed 011 tl1e part of Eth1op1a of tl1e Foreign Mi11ister, Finance Minister, Defence
Minister,, Interio r_ _ IVli11ister an � Infor111atio11 Minister, and on tl1e part of Suda11 ot the M1n1ster of Foreign Affairs, Minister of the Interior Minister of Defence, Minister of Finance and any other Minister as the G�vernment of _ the S11dan may appoint, wl1icl1 sl1all consult concernino the fulfilme nt of �his agreem�11t a11d whicl1 will consider all problems and difficulties that exist 1n tl1e relations bet\veen tl1e Republic of Sudan and tl1e Ethiopian Govern ment.
FOR TI·IE GOVEllN l\1ENT OF 'fl·IE REPUBLIC OF SUDAN _
fl.�. Say�d- Mol1a111ed Ah111ed Mahgottb, l'r1111e M1111ster
FOR TI·IE IMPERIAL GOVERNMENT OF ETJ·IIOPIA
H.�. Tsa �1afe _ Taezaz Aklilu Habte Wold ' Pr1111e !111111ster
28th July 1965, Addis Ababa. EDITORIAL NOTE A Memorandun1 of Agreement · . . fer con a U _ or d n of sult ersta11d1ng 1s a report on the re ence bet,veen high government ff. _ al of f .1ciajs s two or n1ore sovereign States on matter o Jllutu t· interest. It is less formal in st y e an. en eem Agr statu re than nal a Inte Treaty or an rnatio See Forms 24 a11 ct 26.
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FORL'1 28 PROTOCOL BET\VEEN E·rllIOPIA AND Tl-IE UNION 01:: SOVJE'f SOCIALIST REPUBLICS
\VHEREAS, the gold content of tl1e rt1ble was 0.222168 grammes of pure gold when the Govern·n1ent of tl1e U11io11 of Soviet Socialist Republics extended to the Imperial Ethiopian Gover11me11t a creclit of four l1undred millio11 rubles (400 ,000 ,000 rubles) pursuant to Letters exchanged on Jt1ly 11th, 1959: a11d WHEREAS, as from the first of January, 1961, the gold conte11t of the ruble has been changed to 0.837412 grammes of pure gold;
NOW THEREFORE, the Govenm1ent of the Union of Soviet Socialist Re
public.-; and the Imperial Ethiopian Governn1ent l1ave agreed as follows: ARTICLE
l
The total sun1 of tl1e said credit extended by the Govern1nent or tl1e Unio11 of Soviet Socialist Republics to tl1e Imperial Et11iopian Government sl1all be re valued in accordance with the change of tl1e gold content of tl1e ruble a11cl shall amo1111t to ninety million rt1bles (90,000,000 rttbles). ARTICI_E
II
The State Bank of U1e USSR and the State Ba11k of Etl1iopia .l1ave as fro111 tl1e first Januar)', 1961, revalt1ed i11 accorda11ce witl1 the cha11ge of tl1e gold conte11L of the ruble, the balance of the utilized part of the credit incl.tiding tl1e u11paid off interest on st1cl1 utilized part, plus the t111t1tilizecl part of the credit. The State Ba11k of Ethiopia l1as confir1ned to tl1e State Ba.nk of the USSR its agreement with the results of such revalt1atio11 as calculated by tl1e State Bank of the USSR. The reciprocal confirmatio11 of tl1e results of s11ch revaluation is regarded as effective fro1n the 30th April, 1961. ARTICLE
III
AJJ transactions a11d operations \Vith .respect to tl1e use, tJ1e repayment of tl1e said credit and/ or tl1e pay111ent of the interest cl1arged on the titilized part of the credit shall, as from tJ1e first of Jant1ary, 1961, be effected 011 the basis of the 11ew gold content of the ruble as specified i11 para.graph 2 of tl1e preamble l1ereof. ARTICLE
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The present protocol is hereby n1ade an i11tegral part of tl1e Letters exchanged between the Government of the Union of Soviet Socialist Republics and tl1e Imperial Ethjopian Government 011 July l l tl1, 1959. - 125 -
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Done at Addis Ababa tllis Tenth Day of November, One Thousand Nine Hundred Sixty One, i11 triplicate each in tl1e Russian, Amharic and English lan guages, all texts being equally autl1entic. In the �vent of any disputes as to lhe interpreta.tio11 hereof, the E11glish text shall prevail. KETEMA YIFRU
A. BoUDAKOV
0,1 behalf of tl1e Gover111nent of tl1e Unio,z of Soviet Socialist Repztblics
011 belzalf of the l111perial Et/1iopian Go\1ern111e11t
EDITORIAL NOTE A Protocol is a for1n of I11ternatio11al �green1ent, see 1::orm 26, usually of a supple n1entary 11ature, and less formal and not of as unportant a character as a Treaty, see Fann 24. [t m_ay als<:> be used by t�o or m?i:e sovereign nations in anticipation of future diplomatic relations ,v1th eacl1 other 111 a spec1f1c realn1.
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-----------------------------------� FORM 29 AIDE MEMOIRE ETHIOPIA AND SOMALIA August 2, 1965 The Imperial Ethiopian Government protests in tl1e sLrongest terms certain remarks contained in a press release distributed by !-I.E. tl1e Ambassador of the Republic of Somalia to Ethiopia on July 31st, 1965. TI1e Imperial Ethiopian Governm.ent must further advise the Somalia EmbasS)' that no repetitio11 of st1ch action will be tolerated and that should similar statements again be made. tl1e Imperial Ethiopian government will take all necessary ancl appropriate measures to protect its legitimate interests and ensure that no such further incidents occur. The conference in question was apparently called to provide local repre sentatives of the world press with wl1at the Somali Embassy contends are adcii tional and pertinent facts concerning the recent defection to Ethiopia of two· Somali poljce officers. The publication of purely factual statements concerning an event which is of general public interest is norn1al and proper and in accordance with accepted standards of international conduct. To the extent tJ1at H.B. the· Ambassador's statement was confined to factual n1atters, isst1e cannot be taken with it, even thol1gh the alleged facts are open to dispute and questio11. The reports carried in the Ethiopian press concerning the subject under consideration, equally, must be found to fall witl1in these li111its and, equally important, respect tl1e agree ment reached at Khartoum between tl1e Etl1iopian and Somalia Gover11me11ts to re.frain from adverse and hostile propaganda activities directed at tl1e other. However, the Imperial Etl1iopian Governn1ent cannot tolerate the pt1blicatioi1 or distribution within Ethiopia by officials of the Somalia Government of ins11lting and odious comments and alle,gations concerni11.!! tl1e Ethiopian nation or people. Statements such as those made by H.E. the Ambassador are wholly inco11sistent with the accepted mode of conduct between 11ations ,vl1ich n1aintain norn1al diplo matic relations with each other and are in direct violation of tl1e understandings reached at Khartoum referred to above. TI1e tenns used in the press release a11cf the comments made concerning Ethiopia's alleged policies are totally irre]eva11t to the situation under discussion and constitute clear and unwarranted interference in Ethiopia's internal affairs. Add.itionally, certain of H.E. the Ainbassador's remarks are calculated to re vive the difficulties which have hampered relations between Ethiopia and Somalia in recent years, difficulties which have stemmed directly fron1 the continent pursuit by certain elements in the Republic of Somalia of a policy of territorial aggrandise ment at the expense of her neighbours. Such action by an Ambassador \Vho is accredited to Ethiopia clearly exceeds the bounds of what is acceptable in the conduct of relations between two states. The Imperial Ethiopian Government does not intend in this comn1unicatio11 to review the history of past years or to re-state its position concen1ing the bank rupt and illegitimate ''Greater Son1a]ia'' policy. It may be adequate for this pur- 127 -
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h is qu a single foot lin re r ve ne l il w le op pe n ia p io th E e pose simply to state that tl1 i ak n rt m le de so un , gs of n to n io at ol vi in e, nu ti 11 co ho ·of their territory to tl1os e w 1espot1se tl1is policy. EDITORIAL NOTE the recipient the terms of n io nt te at e th to ng lli ca , r" de 1in An Aide Memoire is a "ren t publishe d is no e. It ut sp di in r te at m a on lly ua us g, in ·o f a previous agreement or understand as frequently as a Joint Comn1unique, Fo• rm 30 .
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FORM 30 JOINT COMMUNIQUE ETtllOPIA AND July 30, 1965
BETWEEN
SUDAN
A Sudanese good-will mission l1eadecl by the Prime Minister of the Sudan, H.E. Sayed Mohamed Ahmed Mahgoub, and including Tl1eir Excellencies Sayed Mohamed Ibrahim Khalil, Minister of Foreign Affairs, Sayed Mol1amed Ahmed El Mahdi, Minjster of Commerce, Industry, Supply and Cooperation, Sayed Ahmed El Mahdj, Minister of l11terior, Sayed Both Diu, Minister of AI1imal resources, ac11d. Sayed Yagoub Osman, Ambassador of the Republic of tl1e Sudan in Ethiopia, visited Ethiopia from 26 to 28 Jt1ly, 1965. Dt1ring tl1eir stay they were received in audience by His Imperial Majesty Haile Selassie I to whom they conveyed tl1e good wisl1es of H.E. tl1e President a11d Members of tJ1e Supreme Council, the Govern · ment and people of the Republic of the Sttdan and also exchanged views ,vith His In1perial Majesty on matters pertaining to the relations bet,veen tJ1e two countries. Later the good-will missio11, led by the Sudanese Prime Minister, held friendly talks with representatives of the Ethiopian Governme11t, headed by H.E. Tsahafe Taezaz Aklilou Habte Wold, the Prime Minister of the Government of Ethiopia. The Ethiopian side included Their Excellencies : Ato Yilma .Deressa, Minister of Finance; Dejaz1natcl1 Kifle Ergetou, Acli11g Minister of the Interior; Ato Keten1a Yifrt1, Minister of State for Foreign Affairs; Dr. Minasse Haile, Vice-Minister of Information; Ato Salel1 I-Iinit, Am·bassadcir. The talks between the two sides were conducted in a11 atn1ospl1ere of corcliality and friendship and were motivated by tl1e ge11ui11e desire to consolidate and pro mote the eternal ties between the two sister nations. The detem1ination o[ the two sides to develop and stre11gthe11 tl1eir con1mon i11terests were 1nanifested in tl1e frankness and sincerily with which the talks were conclt1cted. The two Prime Ministers reaffirmed the will of their two govern1nents to 1naintain the good relatio11s between their peoples who are ever bou11d by con1mon bonds. They expressed their sincere willingness to eliminate every obstacle that hampers the progress ancl development of their two nations towards a better life. The two sides reaffirm their strong adhere11ce to tl1e pri11ciples enunciated in the Charters of the United Nations and Organization of African Unity. The two Prime Ministers further emphasized their determination to continue to uphold the principle of preserving the t1nity and territorial integrity of each nation and condemn all acts that threaten the unity of their nations. The two sides agreed that neither party shall engage itself or allow its own nationals or nationals of the other party or any foreign state or any other persons or institutions within its jurisdiction to engage in any type of activities that are harmful or designed to harm the national interests of the other party. Believing in the inevitability of the Unity of Africa and the need to exert '
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every effort for its realization the two lea�� rs affir111 that the fruitful. cooperation between their two cou11tries will set a v1v1d ex�mple for other African nations for Ll1e elinunation of all difficulties that stand in the way 0� promotion of th.e unity of Africa whicl1 l1as become a cherished hope of the African conscience. Tlie two sides stressed the need for tl1e direction of efforts to advance the wellbeing and prosperity of tl1eir two nations and to confront the enemies of Africa wl10 l1ave usurped its soil and inju.red the dignity of her people. Both sides agreed to consolidate their efforts with the view to eradicating racial discrimination and liquidating colonialis1n i11 any fom1 or guise. Believing that pron1pt and decisive action of tackling the problems as they arise will remove all kinds of mist1nderstanding and close the door for extraneous foreign intervention, both parties agree to establish a joint consultative committee composed 011 tl1e part of Ethiopia of tl1e Foreign Minister, Finance Minister, De fe11ce Minister and Inforn1ation Mi11ister, and on the part of Sudan the Ministers of Foreign Affairs, Interior, Defe11ce, Finance, and any other Minister as the govem n1e11t of the Sudan 1nay ap_point, which sl1all consult concerning the fulfillment of this agree111ent and wl1icl1 will co11sider all problenJs and difficulties that exist or n1ay exist in tl1e relatio11s between tl1e Republic of the Sudan and the Ethiopian Go,1ern1nent. EDITORIAL NOTE Joint _ Con1n1unique is an official report of the results and agreements reached by two . 1 · 1'1"ISSion 01 rnore Chiefs of State or I-leads of Government after a conference or Good w·11 en n1atters of n1utual interest bet1,veeL1 the Governments invoI,,ed. 1\.
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FORM 31 CONCESSION GOLD AND MINERAL CONCESSION betwee11 EMPEROR MENELEK
II and
GEORGE WILLIAM LANE
TRANSLATION The Seal of En1peror MENELEK II. I, MENE��K II, King of Kings of Etl1iopia, for 1ne and for my heir,· to M.r. George William Lane, and to the E11glisbmen in tl1e city of London who are his company, I have given permission to (act according to) tl1e wording of this letter. (I) I have given permission to Mr. Lane to searcl1 for gold, silver, and anything else that can be got out of the earth in tl1e wl1ole of the Beni Schongt1l country, for four years, the said four years to begin fro111 the time when be starts d.igging the eartl1. I am giving these four years to Mr. Lane a.nd l1is men only, that they may search until tl1e end of these four years; to no otl1er person will any such permission be given i11 the Beni Schongul country; bt1t ti1e in.habitants of the country will not be stopped from extracti11g tl1e gold, as tl1ey have done hjtherto. In these four years, if gold, silver, or anytl1ing else that ca11 be extracted from the earth is fot1nd by Mr. Lane's me11, I l1ave give11 to l1i1nse]f and his company my permission to work tl1e said gold, silver, or anytJ1ing else that can be extracted from the earth, for a period of fifty years. (Il) I have given permission to Mr. Lane and his compa11y to bring all tl1e materials, machinery, and steamships which are necessary for extracting gold, silver, or anything else whicl1 may be got out of the eartl1, and to lay railways, and put up telegraph wires, and make canals and roads in tl1e Beni Scho11gul co1111try. But the permission I am giving today does not annul the permission already given to other people. (III) I have given permission that everything necessary for extracting gold, silver, or anyth.ing else that can be got Otlt of the earth, i.e., macl1inery, gunpower, dynamite, or anything else required for breaking up to rocks (is) to pass tl1rough Ethiopia into Beni Schongul without paying duty. (IV) I have given permission to Mr. Lane, and the men of rus company, to pass through my dominions, backwards and forwards, without let or hindrance. (V) If the men who are in the service of Mr. Lane's company fight among themselves, the man who is appointed a magistrate by the company will settle (disputes) and punish (offenders); but in the case of murder, the Emperor will him self judge the case. In return for the concession hereby granted by the Emperor Menelek II, King of Kings of Ethiopia to Mr. Lane and his company, Mr. Lane - 13[ -
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nt rnme Gove pian eight Ethio tb.e to pay to _ per _cen_t of the gold are a11y con1 1is 1 au<l _ the earth, from and extract 1f this eight per · P · they that else g 111 th an )' silv.er or ce nt h un f. d · · 1ve re d to up ounces, come not Mr. Lane 's c0 . e yearly, does \Vl11c1•1 t·hey giv m go. f · Id ounces o , d · an hu11dred give -pa iy are to make good the five them to the Ethi � collected, or to be money ' 1 e collected tI all · · av· with · 1ew opian 0 overnment. Also, of . ·. . b that can else e . _ . extracted . . from the earth b . g gold , si·lver, or anything Lo extractin · · Y h h. t e E 1 t to op1an en g1 · be G w1ll ovem share a _ ment amount� _ Mr. Lane's company, ing to less than five per cent _ o� the total 1n fully paid �p shares. The Emperor \\'ill see that all materials, bu1ld1ngs, and �11 men belong�ng_ to Mr. �ane and his company are not ii1terfered -VV:ith, an_d w1ll uphold their interests 1n the same manner as tlJose of the Ethiopian na�1on. In order that the com_pany may obiaiu Ethiopian workn1en, the Emperor will cause th� latt�r to be 1nf�rmed that he wishes them (to worl( for tl1e con1pa11y); but the 1.nhab1tants of Ben1 Schongul are not to be forcibly i1npressed i11to the service of the company. Tl1is Jetter is written i11 d11plicate, one copy rema1rung. •
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A Concession is an agreement bet\veen a Sovereign Nation and an investor, usua lJy foreign, \vherein the forn1cr grants to the latter a limited monopoly to exploit the natural resources of the country for the mutual economic benefit o f botl1 parties. Und er Article 1462 of tl1e Ovil Code of Ethiopia, the investor may exercise the sovereign power of eminent don1ain if the Concession so stipt1lates. The source of the historic Concession i n Form 31 above is the British Public Records Of�ice Arcl1ives }'.?· ) /37, an annex to a letter of Ja nu _ l1 Br1t1s Consul �1n Addis ?,baba, to the Marquis of Sa ary 5, 1900, from J.L. Harrington, l isbury.
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FORM 32 TRUSTEESHIP AGREEMENT FOR THE TERRITORY OF TANGANYlKA Approved b y Resolution 63 (l) of the General Assembly o[ tl1e Unitecl Nations. 13 December 1946. Whereas tl1e territory known as Ta11ganyika has been adn1i11istered in. accorcl ance with Article 22 of the Covenant of the League of Nations under a Mandate conferred on His Britan.njc Majesty; and Whereas Article 75 of the United Nations Cl1arter, sigi1ed at Sa11 Francisco on 26 June 1945, provides for the establislunent of an inter11ational tr11steeship system for the administration and supervisio11 of sucl1 territories as may' be placed tl1ereunder by subseqt1ent individual agreements; and Whereas under Article 77 of tl1e said Cl1arter the interr1ational trusteesl1ip system may be applied to territories now l1eld 11nder Mandate; and Whereas His Majesty has i11dicated his desire to place Ta11ganyika t1nder the said international trusteeship system; and \Vhereas in accorda.nce with Articles 75 a11d 77 of the said Charler, tl1e placing of a territory under tl1e i11ternational trusteeship systen1 is to be effected by means of a trusteeship agreement; No,v, therefore, the General Assembly of tl1e U11ited Natio11s hereby resolve to approve the followi1Jg terms of trt1steesl1ip for Ta11ganyika: I. TJ1e territory to which tl1is Agreeme11t applies co1111Jriscs tl1,tt part of East Africa lying within tl1e bou11daries defined by Article 1 of tl1e Britisl1 Mandate for East Africa, and by tl1e Anglo-Belgian Treaty of 22 Nove111ber 1934. regarding the bot1ndary bet,veen Tanganyilca and R11a11da-Url111di. ARTICLE
2. His Majesty is hereby designated as Adminislering A11tl1ority for Tanganyika, the responsibility for tl1e ad111i11istration of ,vl1icl1 will be uncler taken by His Majesty's Governme11t in tl1e U11ited Ki11gclom of Great Britain ancl Northern Ireland. ARTICLE
3. The Adn1inistering A11thority undertakes to adn1i11ister Ta11ga nyika in such a manner as to a.chieve the basic objectives of tl1e inter11ational trusteeship system laid down i11 Article 76 of tl1e U11ited Nations Charter. Tl1e Administering Authority further tindertakes to collaborate ft1lly with tl1e Ge11eral Assembly of the United Nations and the Trusteesllip Council in tl1e discl1arge of all their functions as defined in Article 87 of tl1e U11ited Nations Charter, and to facilitate any periodic visits to Ta11ga11yika wl1ich tl1ey may deen1 necessary. at times to be granti ed upon with the Ad.ministering At1tbority. ARTICLE
4. The Admi.njstering Autl1ority shall be respo11sible (a) for the peace, order, good gover11ment and defence of Tanga11yika, and (b) for e11st1ring that it sl1all play its part in the maintenance of i11ter11ational peace and sec11rity. ARTICLE
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for all purposes of this d an es os rp pu d ne tio en m eov ab . ie I t· . . . F r o . 5 . E L IC or1'tY. u .ART th A g n n te 1s 1n m d A e th ' ry a ss e c e n e b y 1a n s . r. d . . . .on, a dm . m1. stra_l.·l on , an. � JU Agree1nent, a 1S t1on in .1c _ t1 � sl gi e J of er w o p (a) shall have £1111 of- the Un1t ed Nations C barter and ns o si vi o pr e th to Tangany1'ka, s11bJ·ect . . . of this Agreement; t o a. cu�toms, f1sca� or ad _ m a y� n ga a� T t u it st on � (b) slia. ll. be entitled to � t terr1tor1es under his sovern ce Ja ad 1 1tl w n o ti ra de fe . 1 e 11u 1·0n or . m1n1str at·v n es ee ic tw rv be se ch on su m m terrico h is bl ta es to d an l , . . . e1.gnty o r contro , c .LO, r1· es and Ta, ng._;anyika where s11ch measures are no t 1n ons1stent with the es h'1p system and w·ith the terms e st u tr l a n o ti a n er 1t i1 e th f o basic objectives of this Agreeme11t; d. air bases, �o erect ry an ta ili m �, va na h is bl ta es to d le tit 1 e1 (c) ancl sliall be OW,? fo r� e� m Tanganyika and s hi oy pl em d an n tio sta to . fortifications, o p1n1on necessary for the s hi 111 e ar as s re su ea m r l1e ot ch sL1 l to take al t he terr itory plays its part at th g in ur ns e r fo d an a yik an ng Ta defence of p eace an d securi ty. To this end the al on ati ern int of ce an e11 i11t n1a i11 tl1e olunteer f orces, facilities and v f o use k e ma y ma ity 1or ,, utl 1g P. 1 i ter 11is Admi assista11ce fro m. Tanga11yika in carrying 011t the obligations to wards the Sect1rity Cot111cil 1111dertal<en in this r egard b y the Administering Autbor itv ' as well �1s for local defe11ce and the maintenance of law and order witl1in Ta11ganyjka. �
6. The Adn.1i11istering Authori ty shall promote the development of free r>olilical instilt1tions st1ited to Ta11ganyika. To this end, the Administering Authority s11all assL1re to the ini1abitants of Tanganyika a progressively increasing sl1,1re in tl1e ad1ni11istrativ1;; a11d other services of the Te rritory; shall develop the participalio11 of tl1e in.habitants of Tanganyika in advisory a.nd legislative bodies and. i11 the governrne11t of the Territory, botl1 c entral ai1d local, as may be appro priate to the particular circL1msta11ces of the Territory and its peoples; and shall take. all o�l1er a1Jpropriate n1easures with a view to the political advancement of the 1nl1ab 1t�1nts of Ta11ganyika in accordance with Article 76 (b) of the United _ Nations Cl1arter. ARTICLE
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AR�I�LE 7.,. Tl1e Admi11_isteri11g Autl1ority undertakes to apply i n Tanganyika _ �he provisions or a11y 111ternat1onal conventions and recommendations already exist ing or 11ere�fter � lra\v11 lip by tl1e United Nat ions o r by the specialized agencies referred to 1n Article 57 � of. tl1e Cl1arter, · uI ar - · wl11cl1 · may be appropriat · e -to the part1c .
. circLti11s!ance � 0� the Territory and whicl1 wo11ld co nduce to the achievement of 1 basic obJect1ves o[ the 1n t1e · te · r11at1onal trL1ste�ship system. · ARTICLE 8 · In fr d an - am·ing Iaws relating land of t transfer o tl1e r o h o lding . . . . . 11a tLiral resources ' tJ1e Adm' · er111g 1n1st · Authority shall· take into co ns1derat 1on native Iaws a11 d ct1ston1s a11d- s1la11 �espect tl1e . th o s t eres t rights in an , b _ the guard d saf e . . prese11t and futur; of tie s I 11ative populat1011. No nati·ve land or na tural reso U[ce · may oe tra11sferred excep.t b�twe . en 11a�iv e�, save with the previous consent of. the . co1npetent ptiblic �uthority· o s real 1ghts over native land o r natural resource r in favour of noii -.nat·1v es 111ay be e . r eat ed except w1tl1 the same consent. AR1'1CLE 9. Subject to . the tlie provisions ment, · Agree of Article 10 of this Admin.istering AutlioritY shaII take all necessary ste·1;>s to ensure equal treatm�nt in '
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TRUSTEESJ-llP AGREEMENT
Foru,,1 32
social, economic, industrial and commercial matters for all Members of the United
Nations and their nationals and to this end : (a) shall ensure the sa.me rights to all nationals of Members of the United �ations as _to his ow11 natio11als in respect of e11try into and residence in T �ngany1ka,. fre�dom of tra11sit and navigation, i11cluding freedom of �rans1t and nav1 gat1on by air, acquisition of property both movable and 1mmov�ble, the protection of perso11 and property, and tl1e exercise of professions and trades; (b) shall 11ot discriminate on groltnds of nationality against nationals of any Me �ber of the Unitecl Nations in matters relating to the grant of con cessions for the development of tl1e natural resources of Tanganyika and shall not grant concessions having the cl1aracter of a general monopoly; (c) sl1all ensure eqttal treatment in tl1e administration of jt1stice to tl1e na tionals of all Members of tl1e United Nations. The rights conferred by this Article on 11ationals of Members of the United Nations apply equally to companies and associatio11s controlled by such nationals and organized in accordance \.Vith the Ja\v of any Member of the United Natio11s.
IO. Measures taken to give effect to Article 9 of this Agree1ne11t shall ·be st1bject always to the overriding dl1ty of tl1e Administering Authority, i 11 accordance \Vith Article 76 of tl1e United Nations Charter, to pron1ote tl1e po.litic,11, economic, social and educational adva11cemen.t of tl1e inhabitants of Tanganyil<: a, to carry Olit the otl1er basic objectives of the international trusteesl1ip syste111, and . aintain peace, order and good government. The Ad1ni11isteri11g Aut!1ority shall to m in particular be free : (a) to organize essential public services and. works on Slich terms a11d con-· dit.ions as he thinks just; (b) to create monopolies of a purely fiscal cl1aracter in order to provide Tanganyika with tl1e fiscal resources whicl1 seen1 best suited to local re quirements, or otherwise to ser,,e tl1e interests of the inl1 abita11ts of Tan ganyika; (c) where the interests of the econon1ic adva 11cen1ent of the inhabita11ts of Tanganyika may require it, to establish, or permit to be establishecl, for specific purposes, other monopolies or t1ndertakings having in them an element of mo .nopoly, under conditions of proper public control; provided that, in the selection of agencies to carry out the purposes of this para graph, other tha11 agencies controlled by tl1e Government or those in which the Government participates, the Adntinistering Authority shall not dis criminate on grounds of nationality against Members of the United Na tions or their nationals. ARTJCLE
I 1. Nothing in this Agreement shall entitle any Member of tl1e United Nations to claim for itself or for its nationals, companies and associations, the benefits of Article 9 of this Agreement in any respect in which it does not gi·ve to the inhabitants, companies and associations of Ta.nganyika equality of treatment with the nationals, con1panies and associations of the state wl1.ich it treats most fa.vo11rably. ARTICLE
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BOOK M R O F L A G E L N JA P [O I·J ET l l, as ma y be appro riat e a sh y rit ho t u A g_ rin p to ste ni mi Ad le Tl . l2 ARTICLE al �r s ystem of ele men n d a ?� n te ex d . an e Ju 1 _ t1 n co a, k yi 1 1 tlle circurns tarlces of Tanga te ta li � ci th io to fa a� _ c d vo an l na cy ra te l1 d i} an l1 s i l o ab o t ed n ig es d n t ary edtica tio t , an_d shall_ S1Ill1larly pro ] u a� d an d il ch n, 1? at 1l p1 po e cultural advai1ceine11t of tl1 tic ab le m the interests of the ac pr d an e bl ra si de e ov pr vide sucll facilities as 1uay er d gh a y hi an uc ar ed nd n, co tio se j 0_ e iv ce re to s t n de 11 st d ie in11abitants for q11alif cludi11g professio11 al traini11g. ARTICLE 13. Tl1e Adn1inisteri11g A11thority s hall ensure in Tanganyika com plete freedom of conscience and, so far a� � s consiste�t with the requirements of public order and 1norality, freedon1 of r�l�g1ous teac�1ng an.d th� free exercise of all forms of ,1/orsliip. Subjec t to the prov1s1ons of Article 8 of this Agreement and tl1e local la\.v, 1nissio11aries wl10 are nationals of Members of the United Nations shall be free to enter Ta nga.nyika and to travel and resid.e therein, to acquire and possess "'IJroperty, to erec t religious b11ildings and to open schools and hospjtals i11 the 1 erritory. T h . e provisio11s of t his Article s haJl not , l1owever, effect t he right a1 1d clut�)' of tl1e Admi11isteri11g A11thority to exercise such cont rols as he may co11sider 11eces s ary for t l1e 111ai11 tena.11ce of peace, order and good government and for tl1e educatio11al advan.ceme11t of tl1e inhabitants of Tanga_nyika., and to take all 1neasures required for st1cl1 con trol.
14. Subject 011ly to the requirements of public order, the Ad minjs teri11g AL�l'l1ority sl1all . guarantee to t he inhabitants of Tanganyika freedom of speecl1, ot tl1e press, of assernbly a.nd of petition. ARTIC'LE
1�. The A�111inistering Autl1ority may arrange for the co- operation �f Tangan:f1lca 1�1 any regional advisory co1nmiss ion, regional tecl1n.ical organ.iza tion _or otl1e� \'Oluntary associat io11 of states, a11y specialized ir1ternational bodies, pti�lic or p�i,;ate, or otl1 er form s of i11 ter11ational activity not inconsistent with the United Nat1011s CI1arter. . · s hall make to tl1e General A sARTICLE ] 6. The Adm·1111 st e1111g -· A ut h or1t)' · . · · · se111bly of tl1e U11ited Nat· ' 1_ons an an11ua1 report 011 tl1e basis of a quest1onnarre . · Trusteesl11p Co1u1cil in accordan ,vith d.ra�11 up by the Article 88 of the U11ited ce . 1for111a t1011 concerning the measures N at1ons chart er. SL1 cl1 reports sl1a11 .inclt1de 11 . e ef.feet to suo taken to giv . ail d rec_o1!1.me_11dations of tl1e General Assembly · � t·ions Oge and the Trust ees h1· C � ciI T�e f\dn e t a. gn 1s si 111 t de � l 1n al ty er u t sh ri A ho _ � accredited representt tiv��� b · s nt t tl 1e ses s1?11s o� th e Trustees l1ip Cou�ctl r� � _ �� at which tl1e reports of tl le l/n11111ste ru1g Au thority w1tl1 regard to Ta11gany1ka are considered. f\RTICL�
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ARTICLE 17. Nothi11g i11 tl115 . A gree . 111e11t s hall affect tl1e right of the A�1ninisteri11g Atitllority to p ro Ose at p _a11Y ft1ture date, the amendn1ent _ of th is � Agree�e11t for the ptir ose of desi_gi1a t 111g y�a � s tl�e wh Ta �le n. � an or of p�r t � s trateg1� area or for a:y o tller e ct1 purpose 11o t 111con s 1ste11t with the basic ob J� v .s of tl1e 1nter11ational trust·ees 111p . syste1n . ARTICLE 18. The tern1 of t h"18 Agr mended ement � or _ a shall altered not be except as provided in Ar ticle 79 a nd Article 83 or 85, as the case may be. of the Uni ted Nations c11 arter. - 136 -
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TRUSTEESHIP AGREEMENT
FoR1'1 32
19. If a11y dispute wl1atever shottld arise belwee11 tl1e Ad1ni11isteri11g Autho1ity and another Member of the United Nations relating to the interpretation of the provisions of this Agreement, such dispt1te, jf it cannot be settled by nego tiation or other means, shall be submitted to the Internatio11al Court of Justice, provided for in Chapter XIV of the United Natio11s CJ1arter. ARTICLE
EDITORIAL NOTE A Trusteeship Agreement is tl1e provision for the adn1inisu·ation of a former colonial territory \vhich is approved by the General Assembly of the United Nations, usually in anticipation of the future independence of the territory either as a separate sovereign nation or, as in the case of Eritrea and Ethiopia, integration of the territory into a sovereign nation with complete equalit)' of status in every respect The United Nations is the international organization created in 1945 at San Francisco. U.S.A., and successor to the con1parable but late lamented League of Nations, in an atten1pt to "save succeed.ing generations fron1 the scourge of war" and to "promote social progress and better standard of life." rfhe United Nations is based upo11 a iv!ultilateral Treaty, sec Form 24, known as the United Nations Charter ,vbich over I 00 nations have signed and ratified to become "members·· of the organization. Ethiopia \.Vas one of the founding members of the United Nations. It is said U1at the United Nations is not a State and still less a Super-State, but in an Advisory Opinion, see Form 33, on Reparatio11 for Injuries Su/fered in the Service of the United Nations (1949), tl1e International Court of Justice, see Form 33, declared that the United Nations, like a Nation-State, is a subject of international }a\v. ]\,foreover, the United Nations is organized some\vhat the same as a government in n1any respects. The Executive Department of tl1e United Nations is called the Secretariat and is pre sided over by an officer known as tl1e Secretar)1-Ge11eral. This officer may, according lo General Assembly regulations, appoint his o,vn staff, and he is required to make an ann1t,1! report to the General Assen1 bly on the \York of the organization. I -l e n1ay also b1ing to the attention of the Security Co1111cil any n1atter ,vhicl1 he believes may threaten the n1ain tenance of international peace and security. Of possibly greater in1portance is the grr:�lly increased political autl1ority of this office due to additi ona l du tics conferred u1:ion the Secretary-General by the General Assembly and his own initiative during times of inlcrnu tiooal crisis. This authority, dependent upo11 110,v IJO\Verful a 1Jersonality tl1c incun1bcnt Secretary-General is, has led to such diverse functions as: (1) sending guards to Unilt!cl Nations mediators in Palestine in 1948. (2) quietly assisting in the repair of a rupture of diplomatic relations bet\veen Thailancl and Can1bodia in 1959, (3) an announced intention, subsequently executed, to lead t\VO con1panies of United Nations troops (including Ethiopians) into Katanga Province of the Republic of the Congo in 1960 to atten1pt to pacify a dcfian t local leader, (4) requesting permission from the Security Council tl1at same ye�r to disarn, certain Congolese forces to prevent civil \var, and (5) negotiating the cease fire truce bc t\veen India and Pakistan in Kashn1ir in I 965. The Ge11eral Asse,nbly bears a certain similarity to the Legislative Deparlment o( a national government. All the members of the United Nations arc represented in the Assembly. each member having one vote. Decisions on in1portant questions are n,ade by a tv;o-thirds majority; on other questions by a sim1Jle n,ajority. The delegates are divided up into con1n1ittees. This Asscn1bly has less po\ver than a legislature, however, and, except for matters concerning the budget of the United Nations, it may only discuss matters ,vithin the scope of the Charter and then !Jass Resolutions or Recommendations. It may not discuss any ,natter concerning the n1aintenance of international peace and security at any time the Security Council is considering the same matter. A Resolution is a formal decision, determination, or expression of opinion by the General Assembly. A Reco,nrrzendation is a formal suggestion to a state, a group of states, or son1e international organization regarding some plan or course of conduct. The Recon1n1endations or Resolutions of the General Assembly have no binding force of lav1, but they become a part of recorded history \Vith the strength of moral force. Such a Resolution condemned the U.S.S.R. for its conduct in Hungary in 1956. A most important Acl, the U11iti11g for Peace Resolution was passed by the Assembly in 1950. Jt prov.ides that if the Securitv - 137 -
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t 1nembers (that is a Veto rmanen pe e th of . ity jn1 n a un of · ck • Ja · ' · · · . . ,Counc1.1. f·ai1s Lo ac t ·because of n_g th e C ounc1·1·s prunary respons1b1lity for th.e 1 lv vo n 1 e s ca a n i ·b y a permanent n1ember) m�ly m�y call an emergen cy �e As e th 1en t1 , ity �tu se d an e ac pe . ·maintenance of international n clud1ng the use of armed n 1 tio e ac t ria op pr ap ng ki ta of e,v vi sessio n within 24 11ours \.VitJ1 a .force if necessary. n s a n d in special sessio ns . which may o s?i �e al nu n a lar gu re i11 ts Tlle Assembly n 1ee s of the Uruted Natio ns, er mb me e th of 1ty Jor ma a by , cil n u Co ·be convoked by the Security rs. The Assembly ele�ts_ the non e ot? of al ov p! ap tl1e t!� wi er mb me ·or by at least on e 11 d certain J?embers of th e speCI�liz ed agen � �1l n u Co y rit cu Se e th per n1anent n1embers of ts tl1e Jud ges of the In tern�tio nal Court c e�e _ it cil, n u Co ity cur Se ,cies. Concurrently witl1 the d 1c1ary Departme n t of the . Ur ute d Nations . Ju the is cl1 i ,vJ1 urt Co rld of Justice or Wo the al ns ner by tio Ge Na ited Assembly Un the to d e utt adn a re ers n1b me See Form 33. New -upon the recommendation of tJ1e Security Council. eral go�e�ent. The 1�he Security Council is a grOlll) sometbi�g like � Cabi_net of a !ed Council consists of eleven n1en1bers of tl1e United Nations, five of whi ch -eNat ionalist China France, the U.S.S.R., the Unit ed Kin gdom ancl the Un ited States - hav pern1anent seats'. "The remaining six arc elected for t w o -year tern1s by the Gen eral Assembly, taking into n ce of int ernational peace and tena 111ain the to bers n1e1n of tion ribu cont tion e th idera cons , security and to the other purposes of tl1e U11ited Nation s and equitable geogr.aphic distribu ·tion. TI1e non-pern1anent n1e1nbcrs are not eligible for i mmediate re -election On January 1, 1966, 4 ne\v seats ,vere added to the Council in order to give increased representation to the ne,ver nations of Asia and Africa. Any n1en1ber of the lJni tcd Nations whicl1 is n ot a member of the Security Council n1ay participate ,vithout vote i n the Council's disct1ssions of a question if the Council ·considers th::it that member's interests are affected. Any state, member or non-member of tl,e Un i ted Nations, v,1hicl1 is a JJarty to a d isJJtite being considered by the Council, is invited to participate ,vithout vote in tl1e disct1ss ions co ncerning that d ispute. The Security Cou.ncil functions contint1 ally. . f?ccisions in the _Security _Council a.re taken by an affirmative vote of nine members. Dec1s 101:s on substantJ.ve questions are, l1owever, taken only if n o permanent member casts ,l negative vote kno,.vn as a Vet o. The only exception to tl1is rule is that in regard to measures for peaceful settlen1en t, a J)arty to a dispute 111ust refrain from voting. The United States has never used the veto IJOwer, but tl1e U.S.S.R. l1as exercised it over 100 times. _ . The_ United Nat ion s_ also v1orks to promote social progress and improve standards of living U11 ough tl1e operation of a nun1ber of Specialized Agencies' each of which is establisked · . · by an Agree1nent or Treaty among U111·ted Nations members and occasionally other nations. ' Tl1es_e �genc1es _l1ave w1d� 1nternat1011al responsibilities \vluch are co-o rdinated by the Eco· non11c and Social Council under tl1e authority of tl 1e G enera.J A ssembly. !,hese agencies, _ 0m the wl1ose scope of activities i s self-exp 1anatory f: nan1es of the agencies, to most of . ,,.,hi ch Etliio ia belono-s i nc d t n�tiona! L�bo r Organ ization (lLO); the United :1 {�� � :� � i N::- ations Eclu�ati onal, Scienti i d ul r�antzatto1:3- (UNESCO); tl1e World Bank; �h_e 1 o?d. and Agricultural Organiza tion of the United . Natio 1 1s Interna (PAO); tional C1vd the .Av1at1on Organization (!CAO)· tl e I nt er�1at1. ?11al !vf onetary Fund (IMF); the Universal P�tal Union (UPU); the World I -Ie�lth, O n zati n � (:\'I-IO); _ t he Inter11ational Refugee Orgaruza i 1ion (IRO); the Jntcrnation� I Tel;��nlnl tI�icati�n Uni?i1 (ITU); the Inter-Governmental Maritime Consultative Organizat ion ( I lnternatio11al Trade Organization (ITO); and tthe World l'vfetcorol�gical Orgailizatio��/M �). Worthy of _special mentio11 is the U . . . . . . . . IU ted . N.atio11s Eco nonu c Comrmss1on for Africa ·(U.N.E.C.A.) ,vh1cl1 has i ts, J1 ea'd qua' r ters in Addi s Ababa, Eth·iopia· . . . Also certain Trust Territories or Terr1·. 1.es w .1cl1 d Unite t l1ave e th_ _ been to sted entru b s t ation tly (n1os us vario isla l ds in the Paer tc Ocean N an d ot�er 1sola�ed d�vel_ op1ng areas at sc te re tlu d ou gl 1o ut the \.Vorld) are ,vatclled ov r by · . a Trusteeship Council which is composed � -of permanent members of the Securi·t,} Council a11d �th:r of the United Nations members wl10 l1ave been given autllority to gover 1o eventual self-governn 1ent in kc ep_ing !l these terntories and aid them upon their road wilh the spirit of the United Nations. r
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FORM 33 ADVISORY OPINION CERTAIN EXPENSES OF TI-IE UNITED NATIONS lNTERNATlONAL COURT O.F JUSTICE, ADVISORY OPINION OF
l.C.J.
REPORTS,
1962,
PP.
20
JULY
1962.
151-80.
by request to (XVI) R �solt1tion _ 1731 decided Ge11eral tl1e wl1ich Assen1bly . ao adv1sory op1n1on from tl1e Court reads as follows: ''The General Assembly, "Recognizing its need for authoritative legal gt1idance as to obligations o[ Member States under the Charter of the United Nations in the matter of financing ..., the United Nations operations in the Congo and in the Middle East, ''l. Decides to submit the following question to tl1e International Court of Justice for an advisory opinio11: '' 'Do the expenditures authorized in General Assen1bly resolutions 1583 (XV) of 20 Decen1ber 1960, 1595 (XV) of 3 April 1961, 1619 (XV) of 21 ,L\.pril 1961 and 1633 (XVI) of 30 October 1961 relating to the United Nations operations in the Congo undertaken in pt1rsuance of the Sect1rity Council resolutions of 14 Jul)', 22 July and 9 August 1960, and 21 February a11d 24 Noven1ber 1961, and Ge11eral Assembly resolutions 1474 (ES-IV) of 20 Septen1ber 1960 a11d 1959 (XV). 1600 (XV) and 1601 (XV) of 15 April 1961, and the expe11ditures autl1orized in General Assembly resolutions 1122 (XI) of 26 November 1956, 1089 (XI) of 21 Dece111ber 1956, 1090 (XI) of 27 February 1957, 1151 (XII) of 22 November 1957, 1204 (Xll) of 13 December 1957, 1337 (Xill) of 13 December 1958, 1441 (XlV) of 5 De cember 1959 and 1575 (XV) of 20 December 1960 relating to tl1e operations of tl1e United Nations Emergency Force u11dertaken in pursuance of General f\ss�111bly resolutions 997 (ES-I) of 2 November 1956, 998 (ES-I) and 999 (ES-I) of 4 November 1956, 1000 (ES-I) of 5 Nove111ber 1956, 1001 (ES-I) of 7 Novernber 1956, 1121 (XI) of 24 Noven1ber 1956 and 1263 (X!Il) of 14 Noven1ber 1958, constitute ''expenses of the Organization'' ,vithin the meaning of Article 17. paragraph 2, of the Charter of the United Nations?' "2. Requests the Secretary-General, i11 accordance with Article 65 of the Statute of the International Court of Justice, to transmit the present resolution to the Court. accompanied by all documents likely to throw light upon the qL1es tion." Before proceeding to give its opinion 011 the question put to it, tl1e Court considers it necessary to make tl1e followi11g prelimi11ary remarks: The power of the Court to give an advisory opinion is derived from Article 65 of the Statute. The power granted is of a discretionary character. In exercising its discretion� the Internatio11al Court of Justice, like the Permanent Court of International Justice, has always been guided by the principle wl1ich the Perma11ent Court stated in the case concerning the Status of Eastern Carelia 011 23 July 1923: - 139 -
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g n so ry opinjons, vi n i vi gi � a, �n , �v ot !1 n ca e, �c �t Ju of rt ''Tlle Court, being a Cou as ?- .Court (�.C.I. J., Serie s y 1� � t1 ac r ei t h 11 g 1 1d g� s le ru . depart fronl tlle essential le 1� of rt 65 A its ith t w tu . _ a ce St an rd co �, ac e th 1n _ :d aD , re fo re lle T 9). 2 p. B, No. s, n. If a 9-uest1o n 18 not t1o �s l qu ga le a on l)' on n 1o 1n op . Cotirt can give an advjsory t d�clme to give the us 1t m r; te at m � th 1� 11 io et cr is _cl no a legal 011e, th e co·urt h as c l �, hi h the Cou rt is ga w on le a 1s 11 10 st 1e qt e th 1f _ en . opinioii requested. Btit ev e 1n to c] do s ?e e� el so. As this th ne no ay m 1t , er sw an to nt te pe n1 u11 ctoubtedly co er ct e ra a . s1v s 1_ of Article 65 ch nn pe e tl1 0, 95 1 �h ar M 30 of 1 o1 ni pi O CoLirt said in its es nc sta of,,the case are um e rc cr th er h �t h w e 11n a? ex to r we po e h t t "gives the Cour e Request (Interpreta er th sw an to e in cl de to 1t ad le d ul 1o sl as er ct of such a cl1ara t Phase), I.C.J. ua irs ar (F om R d an ry ga un H ria lga Bu , tl1 wj s tie ea Tr tio1 1 of Peace on, "the reply ini me e sa Op th n i id sa o als t ur Co 1 tl e as t, Bt1 ). 72 p. , 950 1 Reports ts en its res ipa , rep rtic ns' pa tio Na tion d ite Un 1 e tl of n ga 'or 1 a1 lf itse , urt of tl1 e Co uld not be , sho ple nci pri refused" in , and 11, 1 tio iza ga1 Or 1 e tl of ies ivit 1 act e tl in (i/Jicl., p. 71). Still 111ore e111pl1aticallJ', in its Opi.Iuon of 23 October 1956, the ' should lead i t to refuse to give a re 1 s' so1 rea 1 g elli1 mp ''co y onl Court said tl1at qL1estecl advisory opi.nio11 (J11dgments of the Admirustratjve Tribunal of the I.L. O. upo11 con1 plaints 111ade agai1 1st tl1 e Unesco, I.C.J. Reports 1956, p. 86). ., 1 he Court fi11 cis 11 0 ''co1n1eJ lling reaso11 '' why it should not give the advisory opinio11 wl1ich tl1e Ge11er�il Assen1bly requested by its resolution 1731 (XVI). It l1 as bee11 argued tl1at tl1 c question put to t h e Court is interwi.ned with political qu�stio11s, artd tl1nt for tl1is reason the Court should refuse to give an opinion. It 1s trt1e tl1,1L 111ost interpretations of tl1e Ch arter of the United Nations \Vill h:ave politic�! sig11 i[ica11ce, great or s1nall. In the nature of things it could not be otl1_erw!se._ ·Th� Co1.1rt, l1ov1ever, ca1111ot attribute a poljtical cha.racter to a request ��1 1cl1 1nv1tes it t? _u11dertalce ,111 essentially judicial task, na1nely, t he interpretation or a treaty prov1s1011 . 1_11 tl1e pre�111ble to tl1e resolt1tion requesting thls opiruon, the General Assem ?IY . ex�res�ed its rec�g11itio11_ of ''its 11eed for authoritative legal guidance". In its sear_cl1 for SLI�_l1 gu1da11c� 1t l1as pt1t to the Court a legal question-a question o_f the 111�erpret�L:011 of Art1.cle 17, paragraph 2, of tl1e Charter of the United Na �101�5: 111 its Opinion of 28 May 1948, tl1e Court mad e it clear that as ''the principal · · · · was e11t1tled Jt1d.1 c1al orga11 of tl1e United Nat·1011s ''• 1t to exercise 1n regar d to an art. 1c.1 e of tl1 e Cha1·t er, ''� 11 1u1 ti··1 ateral falls · which _ · treaty , functi a1 1 on interp retativ e .1 n · lle nori�:1 e_xer?1 se of its j11dicial _powers'' (Conditions of Admission o f a ;t�� t� 1 bc:�111 P 10 the U111 ted Nat . � Cha rter I.C ), ion s 4 (Ar ticl 1 e e of tl .J Reporls 1 �; 1 9 ' p. 61 ) . · . . upon a . . Tl1e Cot1rt, theref ore ' Ilaving , b een op1n1on asked to give a11 advisor\' . . concrete legal t1est1on, \V1ll proceed to gi,,e its opinion. � . · wheth er · Tl1e question o n wl1icl1 the coui·� is 1s asked n opinio to its give . certai11 ex eiiclitu .e l11� h were aL1t?,or1z�d th e cove to G by r Assem the bly enera l costs of th e Uni�l � atioiJ� operatio11 s m t11e Con go (hereinafter referred to as ONUC) ai1d 0 f t·he operat1011s 0f· · t·b e e th · 1n · e u 1 Forc 1 1ted · Emergency Nations Middle East (l1e1.e1·11af· te. r 'referred t . ,, Ore t h of 0 a U es N ns pe 'ex e , ut F) tit cons � 1_ E _ .ng _ ganization' witbj11 tile meaiii of Article 17, paragraph 2, of the Charter of the United Nations''. · · 11 Before enteri11g u p o n tl e d . . . Cou taile the rt WI t � l aspects t1estion, q tliis of . exami11e th e view that 1t s h i � 011 d take mto consideratio11 the circumstance that a
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the 1086th .Plenary Meeting of the General Assembly on 20 Decen1ber 1961, an amendment was proposed, by the represe11tative of Fra11ce, to tl1e draft resolt1tion requesting tl1e advisory opi.I1ion, and that tltis amendment was rejected. The an1endment would l1ave asked the Court to give a11 opi11ion on the question whether the expenditt1res relating to the indicated operatio11s \Vere ''decided on in conformity with the provisions of the Charter''; if tl1at question were answered in the affirmative, the Court wot1Id have bee11 asked to proceed to answer the question whicl1 the resolutio11 as adopted actually poses. If the an1endn1ent had been adopted, the Court would l1ave been asked to cvnsider whether the resolutio11s ai,t/1orizi11g t/1e expencliti1res were decided on in conformity with the Charter; the French amend.ment did not propose to ask the Court wl1ether the resolutions in p11rsi1a11ce of l-vliiclz tl1e operatio11s iii tl 1e Midclle East anti i11 the Cor1go were 11ndertake1z, were adopted in conformity with the Charter. The Court does not fincl it 11ecessary to expound the extent to which the proceedings of the General Assembly, antecedent to tl1e adoption of a resolution. should be take11 into account in interpreting that resolution, but it n1akes the following comments on the argun1ent based upon the rejection of the French ,1mendn1ent. The rejection of the French amendn1ent does not co11stitute a directive to the Court to exclt1de from its consideration the question whether certain expenclitures ,:vere ''decided on in conformity witl1 the Cl1arter", if tl1e Court fi11ds such co11sideration appropriate. It is not to be assumed tl1at tl1e General Assen1bly v,1ould thus seek to fetter or hamper tl1e Court in the discl1arge of its j"udicial ft1nctions; the Court must have full liberty to consider all relevant data available to it i11 forming an opinion on a questio11 posed to it for an advisory 01Jinio11. Nor c,1.n the Court agree that the rejection of the French amendment l1as any beari11g 11pon the question whether the General Assembly sought to preclt1de the Cotirt fron1 interpreting Article 17 i11 the light of otl1er articles of tl1e CI1arter, tl1at is, ir! the whole context of the treaty. If any deduction is to be rnade from tl1e deb::1tes or1 this point, the opposite conclusion wot1ld be draw11 fron1 tl1e clear statements of sponsoring delegations tl1at they took it for granted tl1e Court wo11ld co11sider tl1e Charter as a whole. Turnjng to the qt1estion which has been posed, the Court observes tl1at it involves an interpretation of Article 17, paragrapl1 2, of tl1e Cl1arter. On the pre vious occasions when the Court has had to interpret the Charter of tl1e United Nations, it has followed tl1e principles and rt1les applicable in general to the i11ter pretation of treaties, since it has recognized that the Charter is ,1 mtiltilateral treaty, albeit a treaty having certain special characteristics. In i11terpreting Article 4 of the Charter, the Court was led to consider "the structure of the Charter" and ''the relations establisl1ed by it between tl1e Ge11eral Assembl)' and the Security Cou11cil''; a comparable problem confronts the Court in tl1e instant matter. The Court st1stained its interpretation of Article 4 by considering the manner in which the orga-ns concerned ''have consistently interpreted the text" in tl1eir practice (Competence of the General Assembly for the Admission of a State to the United Nations, l.C.J. Reports 1950,. pp. 8-9). The text of Article 17 is in part as follows: - 141 -
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e the budget of the v ro p d ap an er d si n co l al sh "l. Tlle Gei1eral Assembly Organization. n e by the Members as r o b e b l al n sh io t �, iz an rg O ''2. The expenses of tl1e _ . . ly b em . ss A . l a er en G 1e apportioned b y tl . d m rela�on to the an lf se it m 17 le ic rt A e in am ex AltliouoJ1 the Court will rate que_ stions might pa e se �e th t as l� at t 1a tl d te no e b rest of the 1arter, it sl1ould O ne question � that f . e }, ic :t A i� th of 2 ph ra ag ar p o arise in the interpretation of n .; a sec�n d ques�on might 1o at 11z a1 rg O e tl1 of es ns pe ex identifying what are ''the d question m ight a ir th le hi w y; bl em ss A al er en G e tl1 concer11 apportionment by _". It is the rs � th �e em �y e M rn b� be ll �a ''s se r� ph � th of involve the interpretation ions of the al at c1 lig an ob e fm th . e v l_ vo in y l_ ct re di 1 1cl wh ns tio second and third ques the request for the d ?Y se po 1s ich wh n tio es qu st fir e tl1 ly 011 is 1v1e1nbers", but it t l ogically a th en wi om m do to s ha t ur Co e tl1 to t pu n tio es qu 1e Tl advisory 01)inion. nt uld me wo be on io rti ter po an ap r of ion est qu a as t jt1s t, en 11n 1 o rti anterior to appo to a questior1 of Members' obligation to pay. It is trt1e tl1at, as already 11oted, the preainble of the resolution containing the request refers to tl1e General Asse1nbly's ''need for authoritative legal guidance as to obligations of IVIen1ber States'', b11t it is to be assumed that in the understand ing of tl1e Ge11cral Asse111bly, i t wo11ld find s11cl1 guidance in the advisory opinion. v1hich tl1e Cot1rt ,vould give on tl1e question whether certain identified expenditures "constitute 'expenses of the Organization' within the meaning of Article 17, para graph 2, of tl1e Cl1arter''. If tl1e Co11rt finds that the indicated expenditures are such "ex1Jenses", it is 11ot called upon to consider the mann er in which, or the sca1e b); wl1icl1, tl1ey may be apportio11ed. The amou nt of what are unquestionably ''ex�e11�es of _tl1e Organi�alion \'v'ilhi11 the meaning of Article 17, pa.ragraph 2" is 11�t 1� 1ts e1 1t1rely apportioned by tl1e General Assembly and paid for by the con tr1but1011s of Me1nber States, sir1ce the Organizatio11 l1as other sources of income.
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Tl1e c�11clusi�n to be drawn fron1 these paragraphs is that the General Assem �ly l1as_ twice. decide� that even though certain expenses are ''extraordinary" and esse�tially differe11t from those under tl1e ''regular budget''' they are none the · · · · the less expe11ses of the Or·g,an1z a t·ion'' to be apportioned 1n with accordance P °w_er �ranted to the General Assembly by Article 17 paragraph 2· This con ' e.1 us1on. 1s strengthened by th e coneI ud.ing clause of paragraph 4 of the two resolu . . . . . ttons Just cited which states th·at th e dec1s1on therein to use the scale of assessn1ent already d t d for the regu ar budget is t de '' nding the establishmen a l m of a differe11t :c �l� : a sess, ,i�, t� efray the extraor pe nly '. expe nses ' The inar d y o alternative-and that/ m� s t�e drf. . ?erent anothe;, w� proced ure''_. contem plated � scale of assessrn.ei1t at}d �:� so e melh nent tioru od othe ''Ap r por than asse ssme nt. and ''assessment'' are terms wh�ich rel ri tho ate a 's on ly As to sem Ge the bly ne ral u ty under Article 17_ At the outset of this O 1nio , 1 le · ti . n the Court pomte P· , the text of Ar c 7 . that d out · paragraph 2 of th · · e C 1 l a r e nses r t c o u ld e�pe 1 ea d to_ ' ''the the that srmple conclusion of the Organization'' are th e a t _ mou nts ; paid out to defray th� costs of carry rog ou the purpose of the Orga at l o u r . t was � � I further indicated that the Cou t wo df exami11e the resolution a:� orizing the expenditures referred to i n the requ est or - 142 -
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ADVISORY OPINION
FORM 33:
Llie advisory opinion in order to ascertain whether they were incurred with tl1at end in view. The Cou.rt has made such a.n exan1ination and finds that they were: so incurred. The Court has also analyzed the principal argun1ents which l1ave· been advanced against the conclusion tl1at tl1e expenditures in question should be. considered as ''expenses of the Organization within the meaning of Article 17, para.graph 2, of the Charter of the U11ited Natio11s'', and has found tl1at these: arguments a.re unfou.nded. Consequently, the Court arrives at tl1e conclusio11 that the question submitted t o it in General Assembly resolutio11 1731 (XVI) must be answered in the affirmative. For these reasons, TI:IB COURT IS OF OPINION,
by nine votes to five, that the expenditures authorized in Ge11eral Assen1bly resolutions 1583 (XV}, and 1590 (XV) of 20 December 1960, 1595 (XV) of 3 April 1961, 1619 (XV) or· 21 April 1961 and 1633 (XVI) of 30 October 1961 relati11g to the United Nations. operations i n the Congo undertake11 in pursuance of the Security Cou11cil resolu- tions of 14 July, 22 July and 9 August 1960 and 21 Febrt1ary and 24 November· 1961, and General Assembly resolutions 1474 (ES-IV) of 20 September 1960 a11d: 1599 (XV), 1600 (XV) and 1601 (XV) of 15 April 1961, and tl1e expendittires. authorized in Genera.I Assen1bly resolutions 1122 (XI) of 26 November 1956. 1089 of 21 December 1956, 1090 (XI) of 27 February 1957, 1151 (XII) or· 22 November 1957, 1204 (XII) of 13 December 1957, 1337 (XIII) of 13 Dece111bei:· 1958, 1441 (XIV) of 5 December 1959 and 1575 (XV) of 20 Decen1ber 1960· relating to the operations of the United Nations E1nergency Force undertalce11 in, pursuance of General Assembly resolutions 997 (ES-I) of 2 Novernber 1956, 998 (E S-I) of 4 November 1956, 1000 (ES-I) of 5 November 1956, 1001 (ES-I) of 7· November 1956, 1121 (XI) of 24 November 1956 and 1263 (XIII) of 14 November· 1958, constitute ''expenses of the Organization'' witl1in the mea11ing of Article 17,. paragraph 2, of the Charter of the United Nations. [The Court's opinion was approved in its entjrety by Vice-President Alfaro and Judges Bada.wi, Wellington Koo, Tanaka and Jessup. Judges Spender, Fitz maurice a�d Morelli filed separate opinions, and Judge Spiropoulos macle ,t separate declaration. Pres.ident Winiarski and Judges Basdevant, More110 Quinta11a .. Koretsky and Bustamante y Rivero filed dissenting opinions.] DISSENTING OPINION OF JUDGE KORETSKY. I regret that I can11ot agree with the Opinion of Court both (a) as I do not consider that the Court would and should give an opinion on tl1e given question posed to it by the General Assembly of the United Nations, and (b) as the Court, to my mind, did not come to the acceptable conclusion in relation to tl1e question which in substance is a question of financial obligations of Member States in peace-keeping operations. To give a.n Advisory Opinion on the question ''do the expenditures authorized in General Assembly resolutions [numbered in its request] constitute 'expenses of the Organization' within the meaning of Article 17, paragraph 2, of the Charter of the United Nations?'' is impossible without an appraisal, from the point of view of validity, ''charterability'', of the named resolutions.
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EDITORIAI- NOTE ion on �. question of la� properly su bm i at lar dec . l ma for a tted cy or gen a n 1 a An Advi sory 0Pi.nion is bo 1 the ffi o . e nt abs me � ern � gov nce or o f dy ve dmg on anyone as an adj udicati a b1n to a Court by a legislati not is It ts. gan i lit . al actu concrete case bet\vee� tw o gllt' Altllough Ad vi sory Op inions a re no t ava ilable in Ethio �1an e1 i b p but l1as great pers t1as1ve w of Justice (which hears Ethi o _a urt o C ation al Intern t 1 n y tl1e ed s e ar · · ' · p y · l 1e t . s, se ca l ca Io r fo _aw Most of the opin ions he1r · Domesu·c I t 1n es ntn cou · of er oth . of es 'ar i I d' J !C u 1 1e t d an ) cases . ents s1m1 J udgm th form · of ·1ar to th ose d · e d in e er n re e ar . e ic . st . Ju f o t ur the International Co sory Op1 ons. vi d A y b an th r 1e tl ra , 17 m � or found in Etlliopi a in F orld ·Court ts a f orum for the peaceful W tl1e or e tic . Jus of urt Co · · 1ntemat1?na l Ia w. The Court was · . Tl1e I nt erna!J o nal . li ab ing . est she d ns involv no na n ee tw be s ute sp d i . of nt n1e tle set Uruted Nati?ns Charter known as the the to �d ex nn a , 24 r111 Fo ee s y, in 1945 by a Treat sub stantJ a lly the same as the one ty ea Tr a ce, sti Ju of t t1r Co al on S t te f th Internat i anent Co urt of Internatio nal Justice rn1 Pe ct un def w no d an s ou v i pre the d �ie \V\�iih c�tabl i in 1921 tinder tl1e old .League of Nations. rt i es to the . stat ute a�d de�isions of the pa are s on i t Na ted i Un the All menlbers of the Secunty Cou.ncil, which ac� on has by �ed for en be y n1a ce sti Ju of urt Co al Internation ore �he '3/orld Cour t, but a natio n may bef t1es 1?ar be y 1na s on i nat ly On en. tak never bcc11 its nationals. No nation ma y be called before the Co urt 111 akc or defend the clain1 of one ee r ' unless it consents to tl1e Court s jt1risd ictio11 for a particular case o agr s in advance under the so-called Optional Clause to stibmit all of _its i nteroati_onal law disputes to the Com pulsory Jurisdiction of the Court. Son1e 40 n ations have filed accepta.nce of the Optional Clause. But neither the United Natio11s nor the Court can interfere i n matters withi n the Don1 estic Jurisdiction of the n1e1nbcrs, that is, those problems which are national rather than international. The Unired States filed �,cccpta11ce of the Optional Clause i n 19 46 with a serious lin1itat.ion. S1<e 1)tical of son1e of the proh ibi ti ons of the U.N. Charter, the American accept ance \Vas filed \Vith the so-c2lle1J Co n nally Re servati on or Co nnally Amend.meat (named <iftcr its autl1 or, Se11ator Ton1 Connally of Texas) wl1ich provides that what co nstitutes clomesti� jurisdiction s11:::ll be "as clctermined by the U11i ted States ." By these six words the United States in effect retains tl1e power to veto attempts by other countries to sue it befo1:e the Cou�t. But the Court held i11 the Norlvegia11 Loans Case (1957) that if the nation pre�s1ng the cla1�11 l1as s�cl� a reservatio11 to avoi d tl1e Court's jurisdicti on, then the defendi ng nation 111ay _ avoid sub1n1ss1011 to tl1e Court i f it chooses to do s o. All but six nati o ns have repealed this type of reservation. Intcrnati?_nal d isl?utes are al so freqt1ently settled tl1rougl1 the aid of a third state by (1) Good Of1 1ces'. �h1cl1 n�eans an attempt to induce the partie s to negotiate between them· sel_��' (2) 'A1edi�t1o 11, ,v!11cl1 n1eans actually taking par t i n the nego tiations or (3) Com' · · · · 1111.<,s1011s Of /11qu1ru who�e f L· 1 n ct· J, ion 1s to investigate tl1e facts and n1 ake a report . e of tliese involves a decision or a n a\vard. A Decisio11 or an A ,:•ard is a judgment �� or d� e noun ced by a _com1Jetent tribtinal to settle a controversy. See Fom1 20. Arbi· P . 1;a 1iodn, on �fle other 11 and, 1s an essentially judicial pro or cess a n d doe s involve a decisi on war , see F orn1 18 (B) bu t an A 1·b· · d1·ffe rs from a z T itra r, r111a n ' Cor11111iss1011 ' Clain1s 'b or . l pe nanent nt n ti na1 �ourt in tl1�t i t is cons tituted for a particular co ntroversy ?r group � �� � � of controve si 11 arbilrators ?r Jt idges are cl1osen ng rules govern i the nd a partie by tl1e s, of procedure a�d la',v are establi s hed by an agreement called a Co,npromis . . Int ernat1onal Arbitration ,vas poptl mo dern Y I ear 1 ar. 10 in 1ned e i eval s u s di times, n to fell i times, and ,vas rev iv . 1e latte� l1alf of tl1e 1:1ineteen th cen tu . The Perm anent Co�!� o_f Arbitration was c:!t�� � Settle1n ter e l II.�gu Y � C o nve e n ti o Pac1/1c n ent for of the � �on �101 1al Disputes in 18 9 9 a n _ d is Just a pem,anent pa11el f rev1se f. Ill 19�7. Actually, the Permanen t Court o f Arb1traU rom w 11cI1 arbitrators ca n be drawn. . 'fl1e present Internation a l Cour� for . . ng servi · f 0 . Justice IS composed of 15 judge s each nine years. Noi nin a�ions fo . a ent r e tld Sllip _ s the are made by the "natio nal groups" in Court of Arb i tration, and � � P fJ:?n�p al a e ort is made to s legal systems of tl1e worl pre ad the judgeships among the pn e d a T h · e se he a t of tl1e I11ter nationa l Court of Justice is at T I:l gll ' thougl1 it may hold s es · sions e lsewl1ere. Resort to Arbitral Tribu an . . th ent l s frequ or CI aims Co£?1Ilissions h as been far more. application to the Perma of t r nen;�o urt of_ Inter Cou na tional Ju stice or the lntemauonal �
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FoRM 33
Justice. Between 1920 and 1961, more than 50,000 cases ,vere so decided by special tribunals. During its life span, the Permanent Court of International Justice handed dovm only 32 decisions and issued 26 Advisory Opinions, whereas the International Court of Justice ha� had on]y a dozen or so cases submitted to i t to date (less than one a year!). The most important case it has been considering in recent years is that of Ethiopia and Liberia against South Africa. Ethiopia and Liberia are the only t,vo African countries that belonged to the former League of Nations. Since the United Nations \Vas founded in 1945, it has attempted to include South\.vest Africa in its Trusteeship System. See Form 32. All other Mandated Territories of tl1e League of Nations l1ave so become United Nations Trust territories. Not only has South Africa refused to turn over Southwest Africa to the United Nations for this purpose, but it has extended its policy of apartheid to Southwest Africa and bas also been derelict in its duty to prepare the people there for the eventual exercise of self-determination. Approximately 40 million Africans in 18 different territories are so still under colonial rule in one form or another.
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FORM 34 OFFICIAL GOVERNMENT REPORT ELECTION OF MEMBERS OF CI-IAMBER OF DEPUTIES There are many defects concerning candidates and electors. Tl1 e main ones are the following : 1. Although there is a definitely growing interest to become a ca11didate, many among the candidates never kne\v tl1e cause they were can1paigning for. Because of this undefined line of campaign, many candidates were using and attempting to use divers unlawful and iinn1oral methods, by way of threatening the voters directly or indirectly, and bribing in order to obtain votes. According to Proclamation No. 152, promulgating tl1e Electoral La'.v, the Central Electoral Board is also a Board of Appeals for cases involving election matters. We have therefore included some of the cases on which appeal was made to the Board, and the decree of the Board issued to settle them. Among the cases were tl1ose disqualifying persons from candidature, and claims against the mis n1anagement of elections. 2. The number of electors registered for botl1 the first and the second General Elections was far less than was expected. The reaso11s for this are many : (a) The people generally do not understand the value of beco1ning a can didate or an elector. It is new for them. (b) There had been misleading rumot1rs going arou11d tl1at tl1e electio11 was for the purpose of recruiting soldiers for tl1e ar111y, or for i11creasing tl1e Land Tax. (c) The people did not understand that they had a rigl1t to elecL represe11ta tives under the Revised Constitution, and so, since so1ne en1ployees of the Election Board charged the people when they went to register, n1any people withdrew, or did not take part in the election. (d) It is said that some government officials resident in the towns l1ad se cretly spread bad stories about the Deputies elected in 1957, saying that the Deputies elected in 1957 did nothing for the people apart from burden ing them with an increased Health Tax, and that if they were to be re elected, they would do nothing except use their office and the salary obtained from it for self-aggrandizement. (e) When the election personnel were sending various forms, models and items of election stationery to Woreda election centres for the due execu tion of the election programme, they did not send some necessary equip ment on time, and this very much delayed the registration of the electors. The idea behind this seems to have been that these people were trying to help the candidate whom they supported, while at tl1e same time they were trying to hinder all his competitors. It has been said that the in tention here was to make it possible for many people to register a11d vote -149 -
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OOK FoRMB LEGAL IAN ETHIOP rted , and, o n the other hand, o p p s s te a id � d n a � c r _ ei th e er h w e c la p e th at 1m poss1ble a t a place where they g tm o v d n a to make ma ss registration nsuccessful. be u o t e t a id d n a c a wanted e few electors whom the th t ep c ex t a th n o w kn is it s n o ti ec el 1 6 19 e th (f) In g y on it am the literate or aj m at re g a , o te v d an o g candidate bad urged to go o u t to vote for any ot n id d r o r te is g re t o n population eitl1er did s w as that they had no on e to p o u r g e s e th y b en iv candidate. The reason g choose among the candidates.
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EDITORIAL NOTE the government and presenting An Official Gover11�1ent Report is a document issued the results of any particular gover11rnental study or act1v1ty. The above excerpt dealing witl1 Electio11 Experience is taken fron1 the Report 011 the Carrying Out of the Election (I\1nharic) - Imperial Ethiopian Government, · Ministry of Interior, Chamber of Deputies Central Electoral Board. Addis Ababa: B.S.P.P., 1953 E.C. (translated by students of the Faculty of La\v of 1-Iaile Sellassie I University). It and the findin.gs of Form 35 may serve as the basis for the cnact-uent of ft1ture Ethiopian Law.
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FORM 35 PRIVATE REPORT TO THE GOVERNMENT AN EVALUATION OF MALE JUVENILE DELINQUENCY IN ETHIOPIA J.
RILEY
United Nations Consultant on Social Defence, Final Report To T/1e Mi11istry of National Co111nzt111ity Develop1ne11t, Imperial Ethiopian Government 23-25 (1965). The following summary is briefly the main observations upon material gather ed from an analysis of figures obtained at the Training Centre and Remand Home. Addis Ababa. (a) the largest proportion o� male juvenile delinquents come from the age group 12 years - 16 years; (b) theft is responsible for a substantial part of juvenile delinquency in Ethiopia - vagrancy is not now being pursued by the authorities very actively; (c) it is probable that there is a small but growing incidence of tl1e r11ore serious and positive forms of juvenile delinquency, e.g., damage to pro perty ... etc; (d) the home background of juvenile delinquents is revealed to be that a substantial .number are living i11 an incomplete or defective family situa� tion; slightly fewer, though still substantial numbers, are living outside of family influence; only 18 % of juvenile delinq11e11t cases examined lived with both parents; (e) the first 3 months of separation from the family was seen to be in1portant in determining whether a boy becomes deli11quent or not, afler 18 months of separation from the family the chances of delinquency rise consider ably; (f) juvenile deljnquency is shown as largely an urban problem, the greater number of juvenile delinquents originating from the urban district but many juvenile delinquents are to be found in the situation of rural migra tion to the city; (g) economic under privilege [sic] is seen to be associated with juvenile de linquency as far as a boy's earnings are concerned - no information upon family incomes; (h) illiteracy or low grade education is associated with juvenile delinquency; (i) unemployment and lack of gainful occupation is associated with juvenile delinquency ...; (i) comparatively few boys reoffended after first appearance at court; (k) the existence of continual, direct, family influence was favourable to chances of gainful occupation (and therefore delinquency prevention) so - 151 -
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ETI-UOPIAN LEGAL FoRMBOOK
far as boys 1111cter 14 years we�e conc�rned, it mattered less for boys over that age;
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is· a possibility of the j_tivenile delinquency incidence increasing, the trend may already be showmg; . " the absence of serious offences such as ''robbery with violence'' ''break ing and entering'' and ''gangsterism'' is noted; is respect for authority d\vindli11g? T�ere ap_pear to_ be signs that it is beginni11g to do so; thougl1 not to a sizeable degree, there is a con1paratively heavy use of the juvenile c�urt in �ddis Aba_ ba, of tl1e Traini11g Centre, m11cl1 less use of the probation service than 1s to be expected; some periods of committal to the Training Centre may be considered lo11ger tl1an is 11sually required for rehabilitation and training; in the provi 11 ces, tl1e juvenile delinquency incidence is light though i11creasi11g - so1ne j11ve11ile delinquency is undetected or not pursued 011e or two areas of heavy juvenile incidence noted; petty theft of a variety of kinds is the mai11 form of juvenile delinquency in tl1e provii1ces - some ji1ve11iles no\V visit prostitutes - a changing attitude towards a11tl1ority is now emerging particularly among school boys (these observations also apply to Ad.dis Ababa); j11venile offenclers are mainly clealt with unofficially by the police, few are dealt witl1 by t.l1e court - very few sent to prison - usually no facilities of separate acco1nmodation are provided for boys in the prison; the street boy situation - the lack of boarding facilities for school boys �om rt1ral . areas � tl1e lack of occupational opportunities (both leisure time purs111ts and employment) - the economic situation of the under �rivileged. - tl1e lack of adult leadersltip and fan1ily ·contact - all men tioned as possible contributory causes to juvenile delinquency; tl1e influen�e of tradition and the church, tl1e lack of sophistication named as �espons1ble to _some considerable degree for the existing low juvenile whicl1 might be expected to produce delinquency _ ._rate, 111 a so�ial �ituation _ a heavy 111c1dence - this s1tuat1on is beginning to change.
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EDITORIAL· N01�E
· A Private Repo rt to the Gov e 1 tional agency at the r equest of so rnn ent is a Shldy tindertaken by an individual or inteman basis for tl1e enactn1cnt ?f futtire ;tl Jo� �:�n��!� l Offtcia l or Min istry. It may serve as the ' •
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FORM 36 MEMORANDU1\1 OF APPEAL FORM 36 (A) .
JUDGMENT OF TI-lE LOWER COURT (CRIMINAL CASE)
THE ATTORNEY GENERAL V. ATO GJDELEI-£
File No. 11744/55 E.C. JUDGMENT
The facts in this case are as follows: Ato Gidelel1 lives near Addis Ababa. and owns several gashas of land in various parts of ti1e Empire. He l1as rece11tly obtained a new plow and planned to test it on a plot of land wl1icl1 he has not seen for a ·number of years near Nazareth. Ato Gideleh testified tl1at on arrival at what he believed to be h.is land, he noticed tl1e ren111ants of an old building that may have been a churcl1 and a 11umber of stones ly.ing about. He further testified that he did not remember ha.ving seen tl1e old building a11d. stones on l1is land before and thought their presence peculiar, but went ahead \Vith l1is plowing anyway. In actuality, tl1e land was not tl1at of Ato Gidelel1, b11t an old b11rial ground with each of the stones 1narking a grave in what had once bee11 the courtyard of a church. Ato Gideleh knocked over a nun1ber of grave stones witl1 his plow and unfortunately 11ncovered and crumbled the ren1ains of a l1u1na11 skeleton. Several persons ran from nearby houses and yelled for Ato Gidelel1 to, stop his plow. He did, but was reported to the police for despoiling the gr,:1veyr1rcl and later charged with violation of Article 487 of the Pe11al Code. It is clear that Ato Gideleh has violated Art. 487 (b) and (c) by ''violati11g the resting place of a dead person;'' ''degrading and defiling a f1111eral m.011u ment;'' ''profaning and mutilating a dead perso11;'' a11d ''defili11g and striking a human corpse." The difficult question arises with tl1e defenses of mistake of fact (Art. 76) and ignorance of law (Art. 78) p11t forward by Ato Gideleh. Tl1is case is de finitely one of ignorance of law as Ato Gidelel1 should have known that it was wrong and illegal to defile a graveyard and a dead person. We woulcl certainly expect men living in a Christian country, near Addis Ababa, and owing land to understand this. Art. 78 states that ignorance of law is no defense, and certainly in this case, it should not be. Ato Gideleh did not have ''adequate reasons for holding his erroneous belief," and this was not ''absolute and justifiable ignorance;'' therefore, neither the an1eliorating provisio11s of sub article (I) or (2)· of Art. 78 apply to this case. Even if this were considered a mistake of fact, it wot1ld merely be a mistake· as to the ''object of the offense'' (Art. 76 (3) ), and the offense would therefore be . deemed to have been committed and n1istake of fact wo11ld not apply. It is clear, however, that Ato Gideleh was negligent. One would expect a man· of his age, experience, education, occupation and rank to take the necessary pre-. cautions once he had noticed. the remnants of the church building and the stones. - 153· -
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ETHIOPIAN LEGAL FoRMBOOK e refore , tha t Ato Gideleh has th g n fi y s � It ). 59 � rt. � . lying in the field (A ned to prote ct the resting place s of sig de s 1 ich wh 7 48 t. r A. negligently violated our dead. For the above rea sons and i n accordance with th� p unishment prescrib ed by Art. 487, a fine of Eth.$ 1,000 is imposed upon Ato G1deleh. Sene 27, 1955 E.C.
FORM 36 (B)
r,1EMORANDUIVI OF APPEAL (CRThllNAL CASE) F,espectfully s11bn1itted by Defendan t-Appellant, Ato Gideleh. The Lo\ver Court in tl1e case of TI-IE ATTORNEY GENERAL l1as erred in tl1e followi11g particular s :
V. ATO GIDELEH
I. The proper defense is one of mistake of fact (Art. 76) rather than ignor a11ce of la\v (Art. 78). 2. 1-\rticle 76 (3) is inapplicable ' '' '•
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4. If Ato Gideleh is liable to any punishment, it is for
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3. Tl1ere should be 110 p11nislLrnen t impos ed under the defense of mistake of fact.
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Article 76 and not tinder the Special Part Article 487.
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!, therefore, l1t1_mbly beg tl1is court to reverse the judgment of the lower court
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a11d impose no pu111shinent upon defendant-appellant. Ato Gideleh.
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G uenbot 15, 1956 E.C. Couns el For Defendant-Appellant HAILE A.BEBE
(Professor Steven Lowenstein)
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FORM 36(C) MEMORANDUM OF APPEAL (CIVIL CASE) IN THE SUPREME COURT OF ETHIOPIA CIVIL APPEAL No. 11/57 APPELLANT
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ETHIOPIAN ABATTOIRS S.A. V.
RESPONDENT - A. BESSE & co. (ETI-I.) LTD. MEMORANDUM OF APPEAL The present appeal is from the Majority decision of the High Court of Ethiopia_ under _File �o._ 386/56 dismissing a Petition lodged in Cot1rt by Appellant of a Contract concluded contrary to law. Tl1e Appeal - �equest1ng the _1nv al1dat1on _ 1s solely on pr1nc1ples of law as tl1e facts of the case and the Exhibits produced before tl1e High Court are not disputed by either JJarty to this litigation.
As
TO FACT
1. On Hamle 25th (August 1st 1954) a contract of loan was e11tered into ,between A. Besse & Co. (Eth.) Ltd. and a certain Ato Rahmato Mt1ktar (since deceased) wl1ereby Respondent loaned to the said person the sum of Etl1.$ 196,600. for the purchase by the latter of sl1ares i11 Appella11t Compa11y. 2. On Megabit 19th 1948 (March 27 1956) the said contract of loan v'tas novated between the same parties by a new contract tl1e amot1nt loa11ed still bci11g Eth.$ 196,600.- to be used for the purchase of shares of Appella11t Compa.11y. 3. On Hedar 6th 1950 (Nov. 15th 1957) a tl1ird Agreement was entered into between Respondent and the late Ha ji Rah111ato Muktar modif:ying to a ,certain extent the previous agreement of Megabit 19th 1948. The loan v1as reduced from Eth.$ 196,600.- to 136,000.- and as tl1e sl1ares pt1rchased by tl1e late I-Iaji Rahmato Muktar in ltis name yielded no dividend tl1e parties agreed tl1at the said shares be sold to Ethiopian Nationals by Haj i Ralunato and tl1e proceecls of the sale to be paid to Respondent. 4. On Yekatit 18th, 1955 (Feb. 25th 1963) the Directors of Petitio11er / Appellant, had by an act registered ,vith tl1e High Court of Ethiopia under serial Number 1081/55 appointed H.E. Balambaras Achebir Guebre Hiwot as President of the Company to act as representative with full powers as from the same date (Ex. P/3). It was naturally understood that such powers were to be exercised within the objects of the Company and relevant provisions of the Commercial Code which was in force as from 1st Maskaram 1953. 5. On Maskaram 12th 1956 (Sept. 23rd 1963) the said Balambaras Achebir Guebre Hiwot entered into a contract with Resp ondent Company whereby be is held by Respondent Company to have purchased in the name of Appellant all the rights Respondent had against the heirs of Ato Rahn1ato Muktar amounting - 155 -
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MBOOK R o F L A G E L N IA P IO I-I T E
th t en of said amount ym pa ed ct fe ef d an 0. 00 � 0, 15 to Etll.$ 136,600.- for Etl1.$ s nt la el count with e pp ac th A n o n w ra d 0 95 70 0 H o. N o[ Eth.$ 150,000. - by cheque . / 4) P x. (E a pi io tl1 E of k an B e at tl1e St g in d lu nc re _the abov e co fo t be o iw H e br ue G ir eb ch A s ra 111 ba 6. The said Bala t, en as m ns e cu th co m d re nt cu be se or h it w d te u.l ns co ly us contract had 110t previo ny pa nt om or of its la C el pp A of rd oa B e tl1 of rs be em m on him, of eitI1er tl1e rs e d: m ol ca eh to know ar d Sh an rs to ec ir D h ot B g. tin ee m l ra sharel1olders in a gene to id es ey pa R on ent� m nd e po th d an d de lu n� co en be d ha it r te of the contract: 011ly af t under E�. P/4 as ac e th ed at di l?u re ly te ia ed m im y an np 7. Appe!Ja11t Co1 ras Achebrr Guebre ba m la Ba . .E H 1n d te es v rs we po e th of e it was outside tl1e scop s, and contrary to lve se em t� s or ct ire D of d ar Bo e 1 tl o[ rs we po e I-Iiwot, outside th by Respondent eto er th ies pl re d an /7 P 6, / 5, P / P s: pie co d xe 11e law as per a11 P/8, P/9 & P/10. nt lla pe of Ap Company ers old reh sha the of ng eti me nt t1e seq 8. At a sub held 011 Telcen1t 13, 1956, it \Va.s decidecl inter alia ,. t.l1at legal action be taken against Respo11dcnt for tl1e restitutio11 of tl1e sun1 of Eth.$ 150 ,000.- illegally paid to Responde11t (Ex. P/ 11). 9. MINOR.ITY DECISION OF TI.JE I-IIGI-I COURT: - The Mnority decision of the High Cotirt of Etl1iopia 1Jerceived tl1e facts of the. case as tl1ey were and concluded ll1ercfrom in favo11r o[ Petitioner/Appellant basi11g itself on legal principle and the express JJr0\ 1isions of tl1e Con1mercial Code of Ethiopia. In particular the Presid ing Judge of tl1e I-ligl1 Co11rt held: '
(a) Tl1at no cot1rt fees are due or payable as tl1e issue before the Court is 011e of lr1valiclc1tio11 of tf1e Assignn1e111 of rights from Respondent Com pany to Appella11t Co111pany and no Judgment is sought for the recovery of the 111oney i11volved.
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(b) Tl1at tl1e ''loari'' given by Respo11dent to Haji Rahmato Muktar was not
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a loan as �uc �, althot1gh so ter1ned, but was the pu.rcl1ase by Respondent ?f _sl1 ares 1n ApJ:>ellant Company under the disguise of a loan. But even if it w�re not � purcl1ase tl1e ''loa.i1'' agreement created a pledge on the _ 111 qt1esr1on. To quote tl1e words of tl1e lean1ed Judge: shaies ''It 1;1ay _s�f�ly be inferred tl1at the true object of the contract was _tl1e acqtiisit1on by tl1e Defendant Company' for purposes not disclo·sed to the Court, th :ot1g e h t · h over H · · aJ1 R rights ahmato, certain of . . _ . is shares. · · · It_ tl1ose r1gl1ts m the shares wh ich stand forth as being the real subJect of t�1e debt. The only construction which can in legal te�s be put on this contractual relationship is between the as tha · · t · t. a !>LED pa · rties to the COlltrac GE WAS THEREBY CREATED OVER THE
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� SlIARES IN SECURITY OF TI-IE DEBT''.
(c) That tl1e above assignment couId b . prov1 the ind the if Company only . sions of Art· 332 0f t.�e Commercial t fac in beca Code use · were prese nt . the compa11y was rece1v 1n g its own s/1ares in pledge. (d) That the conditions of A rt 33 Ass1gn 2 were the not met such and · as . ment in issue was contrary to law and therefore null and void. •
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MEMORANDUM OF APPEAL (CIVIL CASE)
FoRM 36 (C)
IO. MAJORITY DECISION OF TI-IB I-IIGI-I COURT: The Majority decision of the Hon. High Court however seriously erred on points of law very clearly set forth in the Commercial Code of Ethiopia. The ratio of the learned Judges, as it appears · from the decision, is incoherent and each of the arguments on which the Judgment is based is foundless in law. A. The learned Judges erred on poi11ts of fact as follo,vs : The claim before the Hon. High Court was for the invalidation of a contract entered into contrary to law. This was clearly explained in the hearing of 12.10.1956 and is establisl1ed by tl1e English Record of tl1e Court on that day (Vide Court record on tl1at date). There is nothing in tl1e Amharic Record on tl1e same date to contradict tl1e English Record. As such the Englisl1 Record proves that Appellant had only asked for the invalidation of the Contract. B. The learned Judges of tl1e High Court however erred more seriously on points of law as demonstrated hereinbelow: (a) The Majority decision based itself mainly on the argume11t that Balambaras Achebir, the President of the Company, \Vas vested \Vitl1 full powers by virtue of Art. 29 and 30 of the Company's Articles of Association. These powers l1owever, it is respectfully stated, did not and could not ·include the powers· to pi1rcl1ase or receive irz pledge the shares of the Company itself as such powers are by Ja,v (Art. 332, of the Commercial Code) reserved to the meeti11g of sha.rel1olders and subject to a nu.mber of formalities to protect the shareholders a11d the creditors of a Company. The minority decision of the High Court clearly elaborates and de monstrates the dangers created by sucl1 majority decision ,L11d i\ppel Iant fully relies on minority decision for the present appeal. Tl1e Purchase of its shares or the pledging of the same is 11ot even within the powers of the Board of Directors of tl1e Company. (b) Furtl1ermore, the majority decision at one point acce1)ts that Appellant Company in virtue of the Act done by Bala1nbaras Acl1ebir ''tool, the right of tfze crecJit Cll'ld acquired a 11ZOrtgage right 011eT t/1e shares''. The Majority decision went on however to say that notwithstanding the above, Article 332 (4) did not apply to the case as Article 332 of the Commercial Code pertai11s only to relations between tl1e Com pany and its shareholders and does not affect tl1ird parties as the provisions of Article 332 are nothing more than i11ten1al regulations for each Company. Th.is it is respectfully stated is a11 erroneot1s i11terpretation of the law which may lead to great di(iiculties and con1plications. The provi sions of Article 332 are for the protection of shareholders in the first place and the protection of creditors of a Company in the second place. (c) Finally the majority decision concluded again erroneously iliat Court fees are due and payable and that copy of the Judgment slzould 11ot be obtained before payme11t of such Court fees. What this in fact meant was that Appellant Company was i111.ilaterally and illegall)' - 157 -
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BOOK ETI·IIOPIAN LEGAL FoRM
t l an el ny pp A p� r m fo Co , al pe ap to /it rig its of . d . has a right deprive ut1on of Eth1op1a) to lodg e t1t ns Co e th by n rso pe y er ev to (granted e�t a dgm of �u �r / and a lower Court. er ord an h bot t ins aga eal an app the st m ht fir rig a d place to appeal ha y an mp Co nt lla pe Ap h As suc t tha ur� er Co he ord fees are due and � on n isio dec ity jor Ma the t agains eal �pp �ga1nst the Majority to ht rig a had it ce pla ond sec in the decision itself. The Higl1 Court b y refusing to give the Judgment to Appellai1t tried illegall y to stop . appellant from lodging the present appeal whicl1 is both as to tl1e 1ss11e of whether Court fees are due a11d tl1e merits o f the case. - 12. In addition to the above legal arguments Appellant Compa_ny respectfully refers tl1e Hon. Supreme Co1Irt to tl1e arguments as put forward 1n the Petition dated Tir 1st 1956 and in the ''Reply to the statement of Respondent'', both of v,;hich fonn part of the Court record . 13. Appellant Company respect.fully prays the Hon. Supreme Cou.rt there fore to co11fim1 the n1inority decision of the High C ourt· and quash the Majority J11dg1ne11t flS erroneous j11 law both as to the question of Court fees as well as on tl1e merits of ll1e case. Also to condemn Respond�nt to pay all Costs, Court a11d Aclvocate fees i11ct1rrecl l1y reason of the present action both before the High Coi.1rt and the St1pre111e Impcrir�l Court of Ethiopia. ADDIS 1\BABA TI-lIS
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DAY OF I·iAMLE
1956
Counsel for Appellant N. G. HAMAWI
EDITORIAL NOTE Article 189 of tl1 e Code of Criminal Procedure prescribes the form of application used by a J?rosecutor or Defense Advocate or the De dant himself to pe rfe ct an appeal from tl�c trial court to tlie appellate court in a crin1inafen tr1a1 court and For111 36 (B) constitutes the grou l case · Fo· rm 36 (A) is the 1·udgment of the n d on wl11ch the trial court allegedly commilted reversible en·or. · A similar Forn1 and Procedure 1� . . · tised 1n c1v1I cases as is illustrated in Form 36 (C).
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FORM 37
RECORD
(TRANSCRIPT OF TESTIMONY)
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.
[The opening lines of the trial record are here omitted.] ( ...After the identity, age and· trade of A were established by J the charge was read out to him and Adv stated that there were no objections to it. J explained the charge to A a11d A pleaded not guilty to the cl1arge of homicide contrary to Article 522, PCE. P then opened his case explaining shortly the charge and the natt1re of tl1e evidence lie would put forth. Part of his statement is here reported:) P: Furthermore. My Lord. the prosecution will sl1ow beyond a reaso11able doubt that the accused mu.rdered tl1e deceased intentionally and with premeditation. And his motive, \Ve will prove by reliable witnesses, was to get even with tl1e deceased for testifying against him at another murder trial fourteen years ago, a n1urder of which tl1e acct1sed \Vas convicted a11d served twelve years in prison. Tl1e victi1n of that murder was Wolde Mariam Kassa of Addis Alem. (After concluding his address, P called PWI, the \Vife of the deceased, to the witness stand.) P: State your name, please. PWI: Askeletch Kebede. P: Are you the wife of the deceased i11 this case? PWI: Yes I am. P: �d where were yot1 on tl1e 14th Teken1t, 1957 E.C., the night of l1is . death? PWl : At home, with my husba11d. P: Weren't you actually ot1tside of the hot1se?
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1. PWI: Yes, I was just outside tl1e door, lying on a n1attress. ·].. P: And you saw the murderer as l1e set fire to tl1e roof thatcl1 of your house. didn't you? 3. 4. PWl : Yes, I saw him clea ·rly. 5.. P: Is that same man iii this cot1rt-room now? 6. PWI: Yes he is. 7. P: No further questions, My Lord. 8. J: Will there be any questions by the defence? 9. Adv: Yes, My Lord, just a few. 10. J: Proceed. 11. Adv: Thank you, My Lord. Now isn't it true, Askeletch, that there was. no moon on the night of your husband's murder? 12. 13. PWl : No, there was a fullmoon, and it was very bright outside. 14. Adv: My Lord, I understand that this witness previously made a state ment which was recorded by the Awradja Court at Gonder; I would 15. like to examine that statement in order t o see if the witness is. 16. being consistent. 17. - 159 -
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MBOOK R O L F A G E L N JA P JO I IET
18. 19. ·20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.
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t en t tem tha sta ine less the proam un ex u yo . let ot nn ca ' I . sorry bu t J : I am secution agr ees. Lord. My agree, not do p: We el. couns , roceed lease · en p p J· Th er a d lit se of petrol on the ha rc pu u yo at th · e tru t no it k s Adv·. As e1etch ' 1 k emt, 1957 E.C. ?. e T h t 4 1 1e tl . . afternoon of e t he answer to 1t would us c �e n tio � es qu at th er sw an to PWI : 1 must refuse harge. a 1 c 1n 1m a cr to e m se o ex to cy en p . l1ave a te nd ? . 1n t o h" t is n p o y sa to g in th y n a · e v a l1 cl J: Does the accuse t. o n r e th a r ld u o w I , rd o L A: No, My J : Very \Veil. . s. n . 0 t1 es u q er th . 1r ft . o N : v Ad . tc rd ele y Lo s, sk M es A h, state itn w is th r fo ns tio es qu re no 1 w fe a p: I have yol1r age.
P\Vl: 26. ht? t nig tha e us l1o the in e fir ing ok co y an re tl1e as W p: P\ Vl : No there wasn't. p: Wouldn't you say, the11, that if your husband were killed by fire it was a fire started by s01neone outside of the house? PWI : I wo11ld say so, yes. P: l'1o further questions. J: Next 'vvit11ess. Adv: I l1ave a few more questio11s on this last point, My Lord.· . J: Yol1 have l1ad your turn. Proceed, prosecutor. (P called one n1ore witness, PW2, the fourteen year old daughter of the deceased. She testified that she had left the house before dark that day and did not retun1 11ntil the following morning, to find the house in ashes and l1er fatl1er dead. The last portion of her testimony is given:) P: What clid yot1 fi11d ou t wl1en you arrived at the house the next morning? PW2: It v1as in ashes; my fatl1er's body was on the ground by a tree. I �ske�, 1ny mother and neigl1bors what had happened a_nd my mothe r said: �, your 11ncle, l1as n1urdered your father." P: And how did yo11r mother kn ow who the murderer was? PW2: _ Sl1e_ l1ad been sleeping outside but heard a noise, looked up, aod saw A l1ght111g a 1natcl1 to the I1ouse. P: Was it a bright nigl1t? P�2: Everyo11e sa id it was very brig ht. p · Thank yotl. No furtl1er q11esti ons. J.. Any quest. ·ions for tl 1e defence? Adv: No questions your hon or. P : No further witnesses. Adv: My Lord, I �ubmit that the prosecution has not prov ed its cas� . b�cause no witness has identified A as the murderer. A should b discharged. ? J. Th e trial is not over ent m e stat yet a . ma Pro ke cee d . to Do es wis A h Adv: yes M y Lord. •
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RECORD
1. 2. 3. 4. 5. 6. 7. 8. 9.
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11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.
FORM 37
(A sat J: P: J: P: A: P: A:
�:as sworn and made a short statement claiming his innocence. Then l1e down.) Any questions? I have some, My Lord. Proceed. You always hated the deceased, did you not? Yes, I did. · is that why you killed him? No, I did not kill him intentionally. I mea11t to talk things over with him. _I went to his house that night, and I lit my pipe outside before entering. Suddenly the roof blazed up; I think there must have been petrol all around. P: So you clo acln1it you are the man that PWl saw lighting a match? A: Yes, it was me. P: That is all, My Lord. J: Any defence witnesses? Adv: We would like you to summon DWI, DW2, DW3 and DW4, My Lord. J: I-Iaven't they already bee11 summoned? Adv: DWI was summoned but he did not come today. As for the others, how could we summon them before we l1eard the prosecution's case? J: Very well. We will adjourn for three weeks. Give the Registrar the list, and we'll issue another summo11s to D\Vl as well. P: Thank you, My Lord. (The trial was adjourned and resumed after tluee weeks. Tl1e defence put on DWI, DW2, DW3, and DW4. ' There was no cross-examination. After tl1e witnesses testified, the- 1Jroscc11l0r addressed the court, and then the defence advocate did. The cotzrt tl1en gave judgment: homicide by negligence, and sentenced tl1e acc11secl to t'vvo yen rs simple imprisonment. (Art. 526, CPC). EDITORIA.L NOTE
A Trial Record or Record is the official written account of everythi11g that transpired in a trial court (including copies of any exhibits ,vhich may l1ave been introduced in evidence) which is presented to the appellate court ,vhich is revie,ving the Judgment of the trial court. The above excerpt, which is the reproduction of the testimony of the ,vitnesses and state ments of counsel and the judge, is called tl1e Transcript. The participants are: the Judge (J), the public prosecutor (P), tl1e accused (A), the accused's advocate (Adv) and various witnesses. The witnesses are referred to as prosecution witnesses (PW 1, PW 2, PW 3, etc.) and defence witnesses (DW 1, DW 2, DW 3, etc.). The numbers which appear to the left of each line are for the purpose of easy identifica tion. (Professor Stanley Fislier)
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FORM 38 HYPOTHETICAL W A L F O M U D N A MEMOR ) S E X A T L A IP C I N U (M
TO :
Date: Oct. 8, 1967
d dis Ababa. A of y · lit pa i c ni u M , 1t e1 tm ar D1rector G·enera1 , Lega1 Dep
FROM:
Tesfaye Abebe
SUBJECT: M11nicipal Taxes FAC'fS: Tlie Karitiba of Addis Ababa wishes to propose the following taxes to tl1e City Co11 11cil: A tax on imn1ova ble J?roperty, a t� on sale of gasol ine and otlier oil products for the use 1n motor vehicles, and a.n income tax. QUESTION:
Does tl1e Municipality have the power to levy those taxes?
CONCLUSION: The r1lunicipality has tl1e power to levy an immov�ble pro� perty tax. It does not have tl1e power to levy a tax on gasoline or an i11con1e tax. 1.
1,11e City of Acidis A. baba derives all its powers from the laws of Central Govern111ent. (Civil Code ftArticles 395, 400.) The se powers are set out in Articles 2 and 3 of the City Charter, Ge11eral Notice No. 172 of 1954. Article 3 deals with tl1e itnple1nentation witl1in the city of laws of the Imperial Government, and is not relevant h ere. Article 2 provide s:
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2. Tl1e City of Addis Ababa, on tl1e basis of self-adn1inistra tion, shall have all powers granted to Municipalities and Town sltips by th e laws togetl1er with all the implied powers necessary to carry into effect and execution all the powers so granted. The City-Governme11t shall be competent to attend to all public affairs, Vi1hicl1 l1ave not been defined by law to belong to tl1e comp�tency and powers of any o ther authority. Sin tax a is not a ''.p ublic affair'' in tl1e sense that a government attends to ce , 1t, the secon� para �aph 1s not relevant here. Th e city must therefore find i_ ts power to tax 1n tl1e first paragraph of Article 2. irst paragraph of Artie! 2 does Th � � not gr an t specific powers in �d ?f .. _ � itself. It directs us to tl1e laws granting powers to Munici pa d Townships 1n an lit ies general. Those la�s are tl1e Ad1ninistrative Reg ulations, Decree No. 1 of 1948 , _ . _ and the Muruc1pal1t1es Proclamation, Proclamatio n No. 74 of 1945. \�� 73 0� �he �dmin�strative Regulations provid es that municipal councils shall fix mun1c1pal taxes 1n accordan ce with the law." The Municipalities Pro-
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TAXP... TION POWEllS IN GENERAL
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FoR11
38
clamatio n was promulgated expressly ''to defi11e what Municipal taxes it sl1all be lawful for a Municipality to impose." (Preamble to the Proclamation.) Article 11 of the Proclamation provides that ''the following rates ' dues ' taxes and fees'' 1nay be imposed in respect of the following matters : i) LOCAL RATES : a) a general rate on all immovable property calculated as a percentage of the rental valt1e of the property; b) a water rate. ii) Lice11ses to carry OL-lt tracles c111cl professio11s: ... iii) Market fees: ... iv) Fees for Mtt11icipal public services: ... '
11. TAX ON IMMOVABLE PROPERTY Under the aforementioned laws, tl1e Municipality clearly l1as the power to levy ''A general rate on all immovable property calculated as a percentage of tl1e rental valt1e of the property.'' III. INCOME TAX Reading the Preamble and Article 11 of the Municipalities Proclan1atio11 to gether, a municipality has the power to levy only those taxes expressly stated i11 Article 11. An income tax is not one of those. Therefore it may 11ot be levi.eci by municipalities in general. Because of Article 2 of tl1e City Charter, tl1e lvlu11icipality may not levy an income tax either. It may be argued that the Munici1Jality has tl1e power to levy a11 j11co1ne tax because Article 15 (a) of the City Charter authorizes tl1e city council to ''levy ta.xcs, rates and fees for any Municipal or public purpose." Tllis cot1ld be interpretccl to allow the Municipality to levy any tax, including a11 inco1ne tax. But tl1e cot1ncil is only one organ of the city government. It can not have n1ore powers tha11 the city itself has. The powers of the city are set out in Articles 2 and 3 of tl1e Charter and, since the city does not have the power to levy an income tax, tl1e council does 11ot have that power. It may also be argued that the Municipality l1as the power to levy an income tax because Article 60 of the City Charter provides that ''in case of conflict be tween this Charter and the la\vs u1 force, the Charter shall prevail." The argu ment would cite a conflict between Article 15 (a) of tl1e Charter and the Muni cipalities Proclamation. But there is no real conflict in tl1is case. The Charter itself specifically refers us to other laws to determine the Municipality's powers. Article 15 (a) must be interpreted to permit the council to levy only those taxes which the city has power to impose. IV. GASOLINE TAX A municipal gasoline tax is expressly prohibited by the ce11tral government in the Annual Highway Expenditure Proclamation, Proclamation No. 103 of 1948, - 163 -
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BOOK M R o F L A G E L N IA P BTI-JTO on p rov!�es for the levyi n g ti a la c ro p t a h . � o f 1960 ! 3 4 . o N e e r c e D e l, a nd s p 1r1t , and lu�ricating as ame nded by r f to o m � o � x � ,� _ ta f o t n e m � rn e v o g l a by the centr d m to ��e Empi re. Art1cle 3 (d ) e rt o p im s il o eral in m n a g n � ti a ic r b u l ll b e the sole ta xe a sh s w gre ase, and a l e s o th o t t n a u ed purs x fi s e x ta e th t d e r te e a r h e p rovides t}1a ";!," This pro� m u n ts e c u d o r p d n a s d o o g e th n o e ir p m E r u O in d ie lev en c y fr om le vying a tax 00 g a t n e m rn e v o g r othe y n a r o ty li a ip c i 11 t1 M l1ibits the such products. co me ta x �lso applies t o a in n a o t g n i a rt _ °! s si on p� u c is d e th , n io it d d al tax ''on sale 1p In a 1c n u a t M a th rd a g e r is th e not e d m b d l u o sh It . x ta gasoline e sta bl ished by the A d d i s s a w '' il O g n ti a c r i b u L e and n se ro e K , a 1 t l p , a N e n zi n of Be er, L e gal N oti ce No. 112 of rd O s e e F d n a s se en e, L ic t a R te r a W l a ip ic n u M Ababa edu l� C (g). T h e tax falls ch S , 8 4 19 f o 9 11 . o N ot ice N l a eg L y b ed d n e m s , a a 7 4 19 refore r elies o n the autho riza e th d n a r, e rd O e 1 sect ion of tl s e e f et r k 1a n 1 e tl er d un l it i es Proclamation, Article a ip ic n u M e th in s e e tion for the levying of market f t a market f ee i n the se11Se int ende d by the s no i is th , n o i in p o y m In 11 (iii). e c ity. A market fee is a fee th r qf e o w p e th e d si procla111atio11; it i s therefo re 011t e o the r is a ta x on th e ; th ls st al t e rk a m d an et rk fo r the privilege of using the n1 a transaction of sal e. o n (as am ended by Proclamai at am l c o r P es iti al ip c i un M e rticle 11 (iii) of th A or is suing licenses for benzine f e . e f f a o n o i ct ll e o e c tl1 s e tion 85 of 1947) ai1tl1oriz o rize a tax o n ga so line sal es' but th au ot n s e do , oo is, t 1'h n. io ut pt1111ps and distrib 011ly 2 fee for tl1e issuance of a lice11se.
EDITORIAL NOTE
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blem or set pro a m fro g sin ari , ues iss al 1 is an leg tl1e of s ysi nal a , ,,�\. Ivle�ora r: dum of � :7a the b en _ tak n itio pos y the t por sup to ces 1 ren efe r �l !eg of rac ts, 1Tnc_lua;�1g a c1ta t1on _ docun1ent tl1an the Opinion Letter in Form 39. r l :--.ovoc<1tc. it rs tnus a 1,1ore forma a student in an of rk wo the is e, issu al ersi trov con a on e, bo ccd odu ep )lc e u!1I s T� ; y � ! � Faculty _ the of rg dbe � Gol rett Eve or , fess Pro by ted duc con 1oar Sen a\v :I uc :t·ub � 1 1; . en °n1i, a s1 � _ 1 1 o _av,1 o f HAa1l1; Scllass1e I Un1vcrs1ty. (Miss Ale,xandra N. Ha1naw1) �J..
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FORM 39 HYPOTHETICAL OPINION LETTER November 24th, 1969
ATO SEYOU'M WOLD
P. 0. Box 1176 Addis Ababa
Dear Ato Seyoum, RE : DEMOLITION OF YOUR HOUSE BY THE MUNICIPAL AUTI-IORITIES
After studyi.J1g your file, I have come to the co11clusion tl1at the Municipality of Addis Ababa had no right to demolisl1 your house and that it ca11 be held liable for damages. As far as your wisl1 to sue the Kantiba personally goes, ho�» ever, I am afraid this will not be possible as the Kantiba is legally inlillune for actions done within the scope of his duties. The issue in yottr case is whether tl1e Municipal authorities, a11d thereby tl1e Kantiba, are empowered by the laws of tl1e country to demolish a l1ot1se belo11gi11g to a private individual for a public purpose (if we accept tl1e tl1eory tl1at e1nbellisl1ment of the to\vn is a public purpose). The problem really involves three qt1estions: 1. Whether the Municipality has any power to den1olisl1 the l101.1se; 2. If it does not, wl1ether it ca11 be held liable for dan1ages; 3. Whether the Kantiba can be held liable civilly or crin1inally. 1. The first questio11 really involves a nt1n1ber of poi11ts, eacl1 of which 'A ill be dealt with separately. i) The Kantiba may argue that he is cl1arged with Tow11 Pla11ning a11d tl1at therefore he is responsible for tl1e embellishn1e11t of tl1e city. He 111ay also argue that u11der this autl1ority, l1e n1ay use expropriation proceedi11gs to fulfill his aim. In fact, t111der Ar,ticle 1538 of tl1e Ethiopian Civil Code he is specifically granted the power to tise expropriatio11 proceedings ,vhere necessary. I would have agreed with the Ka11tiba on tl1is point had tl1e Bole area been declared an area subject to town planning according to the provisions of the Civil Code. It appears that this is not so. Article 1535 provides that town planning areas ca.n be created by Imperial Decrees and Article 1536 specifically states that the plan shall be of 110 effect (em phasis mine) unless approved by Imperial Decree and published in tl1e Negarit Gazeta. In the present case, the only indication we have that there was a city plan is that it was the Director of the City Plan1ung Departme11t that ordered Seyoum to improve the house or tear it down. But no\vherf'. are we told that he did this pursuant to a Decree. 1
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BOOK M R O F L A G E L N IA I' ETI-JIO
For the purposes of this dis�ussio1:1, however, � will assume that a Decree 11ad bee11 issued a11d published 1n the Negar1t �azeta and that it was uilder the autl1ority of that Decree that the Duector General of tlie City Plaiming Department ordered Seyoum to tear down the house. se of expropria a ca is i� th er h et h w is n io ss cu s di 1r ii) The secoi1d point in 01 . te si o p p o e th s d n te n co a b ti n a K tion even tl1 ough the n di io at ee ri oc op pr s pr ng ex s ne as fi de e od C il iv C e 1 tl of 60 14 le ic Art r l an ne pe m ow _ co es it� !o or Sll[ th au nt te pe 1:° co e th 1?y re ''proceedings whe t1 ch on su by th au es ed ir r qu fo re le ab ov m IID an of 1p sl1 er render the o,1/n se fit the defini ca r n i ou s ct fa e th at th it m ub s d 11l 10 , I ''. e public purpos s , th e Municipality took e us ho e th ng hi s i ol m de By tion of expropriatio11. le ab ov e m m in Th '' ''i . ip the rsh 11e ow to ly on nt re he in ht s rig ds 1 1 i11 its ha lic purpose" e ub th ''p d an d, he lis mo de s \Va t tl1a e trs ho e th is se ca 1 1 t prese is tl1e embellisl1n1ent of tl1e city. io er the riat eth rop wh exp is n er sid con to us for n the ion est t qu nex e Tl1 proceedings ¥/ere do11e in accordance wit h the law . Article 1464 of the Civil Code provicles , ''Tl1e project vvl1ich re11ders exprop1iation necess ary shall first be declc:1red to serve tl1e public interest by the competent authorities a11d a notice to tl1is effect shall be published in accordance with Article 44 of the Co11 s titution.'' It is arg11able tl1a.t i11 the prese11t cas e the public interest has been estab Jisl�ed. What remai1� for .us. no\v is to decide whether the requirements pt1t forv..·ard by the �...,onst1tut1on have been fulfilled. 1
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iii) �rticle 4-4 of tl1e Co11 stitution provides that no one may be deprived of
111s properly: "a) �xcept 11pon findi1:g by n1inis_terial order issued purs uant to the requi ierrie �ts of a special expropriation law enacted by Parliament, which 0 rde r 111115� be approved by the Council of Ministers and published in t 1e N egar1t Gazeta; and, . . .. . . 1 ept 11pon payn1e11t of JUSt b) exc compe11sat1on determined by 1ud1c1al · . procedures establ1s 11ed by law." In tl1e present .case no11e o f t· hes e requirements has been fulfilled·· We . ' : know of no n11n · 1ster1al order issue · d and we also know that the Municipal. 1· tY pai·a no compe11sat1on. iv) Another arg111nent that car1 be put forward agai11st the Kantiba, is that under Article 15 (g) f the cha_i·ter 0f _ Addis Ababa he is given po_�er to _ ''adopt and anJend l�cal l �s 111 rel t1on ns] c1t1z� to [the the of conduct � and the protection of t � r e property t1cl , i safety s Thi �� and health''. l i � cl1arges l1 n1, i l a wa . wi tlle duty to protect the property of the c1t1zens and not to destroy ii. . v) Still anotl1er argument can b e raised under tl1e General Provisions on Ownersl1 ip of the Civ'l 'c d · �nder Article 1204, ''ownership is tb.e widest rjgl1t'' and und:r 1 1 ; , ch su d r lan ne ow s hi e on ak ay m 1n � b11ildjngs or plantations. as ...,h e • thinks fit''.
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OPINION LETTER
FORM
39
vi) The only argument that seems to stand in favour of the Kantiba can be made under Article 4 of Proclamation No. 74 of 1945. This Article pro vides: ''A Municipal Council shall have power to decide the following matters, but no such decision shall come into force until it has been confirmed by 011r Minister of Interior: (ii) (a) ... anything that is likely to contrib11te to the embellishment of the town.'' Let us assume that the Minister of Interior l1as in fact approved tl1is deci sio11. The word ''anything" used i11 the text of the Proclamation is a very wide term and tl1e Kantiba 1nay argue that it also empowers l1im to use expropriation proceedings. As against this, it may be said tl1at this pro vision is limited by the requiren1ents of the Constitution. 2. The next issue is whether the Municipality can be held liable for damages. I would submit that it can, for the following reasons: Article 44 of the Constitu tion specifies that in cases of expropriation compensation shall be payable to the owner of the house. Moreover, Article 1474 of the Civil Code pro,;iding for the amount to be paid reads, ''The amount of compe11sation or the value of the land tl1al m.ay be given to replace the expropriated land shall be eq11al to the a1nount of the actual da111age ca11sed by expropr.iatio11." The amount of damages, therefore, should eqt1al to the valt1c of tl1e hot1se at the tin1e it was expropriated. 3. The third issue is whether the Kantiba can be l1eld liable civilly or criminally. I would submit that he cannot for the following reaso11s: a) A suit against the Kantiba can only be initiated by His Majesty or by a majority vote of both houses of Parliament because the Kantiba is of a rank equal to that of a Minister. This contention can be st1pported by Artjc]e 34 of the Charter of Addis Ababa which provides : '' ... those who are appointed by Us ... could only be st1spended for a grave offence which n1ay have sufficient grounds for sucl1 . '' suspension ... This, of course, only applies to cases of suspension but it clearly implies that those appointed by His Imperial Majesty, the Kantiba bei11g one of them, are held to a higher standard of liability. b) As far as criminal liability is concerned, an _ action � ould have been brought under Article 653 of the Penal Code which provides: ''Whosoever ... intentionally destroys, damages, depreciates, or renders useless tl1e property of another, whether objects, imple ments, animals, trees, crops or anything whatsoever, or landed or immovable property, is punishable upon complaint with simple imprison.ment or fine.'' The difficulty again is that we are bound by the � aine restricti�n app �ed to civil liability of the Kantiba because the Kantiba has legal 1mmun1ty. - 167 -
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ETJ-IJOPIAN LEGAL fOJlMBOOK e�, w_e ha ve a go_? d case an.d it c an lSt un rc ci e th I would submit that, dings a s soon as ee oc te pr 1tu st m to e ps st y · ar ss ce ne e tl1 ,vould b e a dvisable to take possible. Yours truly
under
.ABEBE SUT
EDITORIA L NOTE
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to_ a clien� wh o wished to be advised ate voc Ad an by ly rep a is ter n Let inio An Op pe ct _ to future condu ct res h wit or tion sac tran t pas a m fro ing aris es iliti liab ts 011 his righ and r contemplated by the client. It n1ay be used �y . a g?vernmental legale a_dv1so as well . as. by a private practitioner. Note that when th� rec1p1ent 1s a_ layman, ther 1s usually no citation of legal autl1 orities, th.e language t1sed 1s clear and simple and the recommended course 1s unequivocal. The facts whicl1 ,vere tl1e basis of the fictitious Opinion Letter reproduced above were as follows: "You arc a la�,yer in lJrivate practice. One day a man enters your office,, very excited. I-le tells you tl1at his name is A to Seyoun1 and that l1e owned an old l1ouse on the Bole 1\irport road. He just returned fron1 Dessie to find l1is house gone. "Yot1 investigate and lear11 tl1e follov1ing facts. Ato Seyoum's house was demolished by order of tl1 e I(antiba of tl1e City of Addis Ababa. According to the Kantiba, the home was old and decrepit. It considerably tarnisl1ed the appearance of the area and gave a very bad [irst in11Jression to visitors entering tl1e city. Since several importa. n t persons, including the Queen of England, are sc:11eduled to visit Ethiopia soon, city officials decided to have the eyesore eliminated. "Ato Seyoun1_ ';'�s ordered by the Director of tl1e Ci�y Plan?ing Department to improve ll1e appearance ot 111s l1 ome, or to tear 1t dow11 and build a rucer one. He refused. When he ,vas away on vacation wit!1 his fa111ily in Dessie, l1is .hon1e was demolished. _ "!l1e .. I(antiba �m1)l1asiL::;cI in l1is conversation witl1 you about it that there \Vas no • ti�n LO expropriate tl1e 1nten pro1Jerty, ancl that he even l1op ed the owner ,vould rebuild his l1ouse 111 a n1an11er more aesll1ctically pleasing. "Ato Sey? un1 \va_nt� to sue Ll1e Iv1unici1Jality and the Kantiba for dan1ages. In addition l1e \Vants to file a cr1n11nal complaint against tl1e Kanti ba. "Write Ato Seyoum a letter advising l1in1 of l1is legal rigl1ts." Th ple re�roduced ab?ve in Forn1 39, on a controversial iss ue wa submitted by a .t n e_in sam s , tl1 e 1c ub � l La� S em 1n�r co_11ducted by Professor Everett Goldberg of the Faculty � .�ta� of H a, 1 le Sellass1e .i U n1vers1ty.
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FORM 40 LAW JOURNAL FORM 40 (A) LEADING ARTICLE CODE AND CUSTOM IN ETI-IIOPIA by G.
KRZECZUNOWICZ
FACULTY OF LAW HAILE SEI�I-ASSIE
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Ul'�IVERSITY
INTRODUCTION Ethiopia's juristic developn1e11t prese11ts, in most respects, a striking contrast to the rest of subsaharan Africa. Only Ethiopia h ad its O\Vn ancient code of law. Ethiopia alone evolves a uniqt1e legal system related to its tr adition a11d to both Continental and Common law concepts. Also extremely origi11al is the pace of development in, respectively, Etl1iopi a11 Public and Private law. Indeed, while in the Constitutional field, Eth.iopia can be disti11g1tished from most of Africa by tl1e caution and gradualness ,vith wl1ich its political structure evolves fron1 the tradi tional Ethiopian concepts of government, i11 the spl1ere of Private law tl1e reverse is true: in another contrast to most of Africa, tl1e recent refonn of Private ]aw in Ethiopia was sudden and total. The reward for tl1e gradual11ess i11 Ethiopian Constitutional development has been a political stability unique on tl1is strife-t<.)rn continent. As to the reasons for tl1e abruptness of our P ri\1ate la\v rcforrn, tl11:;�f are discussed below. It is now generally admitted in Africa that tl1e diversity a11d t]1e c1J1n1nt!nal features of tribal custom in the fields of land tent1re, fa1nily la\V and st1ccessio11, and its voids in other a reas of law (e.g., Contract) ha n1per trade, in,1estn1e11t and social progress. Tl1e necessary moderniz atio11 of Africa's Private Lavi strt1clt1re has started or is overdue. It is hardest to achieve i n the above11amecl fielc1s of ]a\v, wherein tradition is strongest and elaborate. Gra11ted tl1is, by wl1at 111ethods shoulcl. Private lalv be reformed: should tl1ere be a legal evolz1tio11, or a juristic revollltion? The expert d rafter of the Etl1iopi a11 Civil Code, Professor R. David, l1as declared himself in favour of and ha.s followed what may be ca lled tl1e ''revolu tionary'' approach. He explai11ed bis attitude as follows: ''The development and n1odernization of Ethiopia 11ecessitate the adoptio1� of _ a ready made system ... in such a manner as to assure as qt11ckly as possible a minimal security in legal relations. ''We [Europeans] observe the stability of ot1r Private la� , and we be!ieve with difficulty in the efficacy of Jaws which pretend � o impose on pr1va �e individuals another mode of conduct tha11 that practiced by tl1em... This position is not that of the Ethiopians... Wl1ile safegua.rding certain traditio11al values to which she remains profoundly attached, Etl1iopia wishes to modify her structures completely, even to tl1e way of life of her people. C: ons� quently Ethiopians do not expect the new Code to be a work of consol1dat1on... of - 169 -
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e a program envisagin� a to ta l b to it h is w y e l1 actt1al ct1slo1na.ry rules. T th e m o st part, It set out r fo at � d an m e d y e th d an transformation of society r te he rt ea u cr [f m gu to ar sh i w ts ey en th y et ci so e th r fo e at new rules appropri are omitted].'' i ly by s writer as th us io ev pr d te or pp su lly ia nt ta bs su Tl1e abo\'e vie\V l1as been follows: y ar om of st a s cu pi le io ru th E on in e nc te is ex nno l . ca ti ac pr e -''No dotibt th 1n other matters (e.g. at th ct fa e th d an ) w la t ac tr on C . certain matters (e g. in e t� plac e, ac om fr pl ry �a or in t� r _ ce un e ar s om st cu in Fa1 nily Jaw) most e1vable e ven to consi der the nc co 1n It e ad m , e tim to e tim ·group to group and ary rules as are om st cu ch su l al of n io at id ol ns co e iv at isl idea of a 1 11ere leg '' and af" y nd pl ou ''f sim be t 11o d ul co w La e. tic ac pr in d we found to be follo m e fro oic l ch l na na tio tio ra na by '' e ad ''m e b to d ha It . pia firmed i11 Etl1io e pir is th uld Em r co fo tem only sys al leg s ot1 e n ge n1o ho es. A urc so n and foreig e Emperor's words, the th In . ort eff g nin 1 for e r 1sly iot 11sc co a by d be create pri1nary reqt1irement was ''the modernization of the leg al framework of Our En1pire's social structure''. The tenets of those historical and s ociological schools of j11rispr11de11ce \Vhicl1 stress that law grows primarily from custom tl1rot1gl1 a.11 orga11ic, 11011-deliberate process see m valid only in circumstances of relative stability. Tl1ey are l1aJ:dly appropriat e for those ancient societies whicl1, as i 11 Etl1io1)ia, are st1ddenly exposed to the impact of a violently con1petitive outside v,1orld. In such circun1sta1 1ces, the aim of our Code was, ratl1er �l1an to sa11 ctify existing practices, to offer a unified legal model for tl1e society to . corne._ A� envinced by the F e tl1a Naga.st, such reforming aims are not 11ovel 1n Eth1op1a11 l1istOI)'."
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Tl1e l�gal role of Etl1iopia's traditional ct1stoms has thus dwindled and is now reduced. l,t has, 11?\ve,,�r, 11ot disappeare� and may be researched with profit. . .rn tb �s _paper to determine, by analytical process, the domain We _shall atte1npt of c, s_to,,.z . u11�er _the C1v1l_ <?od�. We shall discuss, in turn, t he. Code's Repeals t rhe _fact?rs expla 1 n1ng rt, and the five outlets for custom subsisting under prov.sron, the Code. Tl11s will be followed by a co1 1clusion.
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TI-IE REPEALS PROVISION
An1ong tl1e matters consid·ered bY th e L ondon Conference on ''The Future . . . . . . of Law in · Af·r1c · a,, (Jant1ary 19. 60) fig.·ured tlie problem of JUd1c1al and legislative . a. daptation of custonlary 1 to _e�iSli ng eed�. The �ethods of gradual adapta � tion therein recognized se:: 1 y gl t e nc als coope ia re ar i ut e w th l-o th al ,, _ � tained i1 1 tl1 e coin prellensive E��t- kip�i n vi Code of the same year (1960), whose i Article 3347 reads as follows reg,�1rd�ing ��Rep eals'': '' Urzles.c; otl1er1'vise eXfJressl:Y provz'ded, all 1:ules w/1ether written or c11sto111ary fJrevio. l l 1. Orce conce�·n1rzg niatters prO\,fded : { for 111 (/1 is cocfe sha/�·JSi!e rep .aced b)' thz�· code and are hereby reJJealed." The above article repeals pri·or 1 _ aw and custom whether it be con.Ira or /Jraeter lege,n. It would h e be en . less d. estructive of tradition and custom to �� ifeplace the sw eeping te rms conc e rn ing matters provided for in this code'' by the - 170 -
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FoRM 40 (A)
tern1s "inc<.1nsistent with the provisions of this code." Such terms would have restricted tl1e repeal to what contradicts the law, without affectino \Vhat would n1erely st1pple�ent it : As it stands, this tabi1la rasa repeal of the JegJ past is witl1out precedent 1n Africa and can only be likened to tl1e Frencl1 law in Ventose 30, Year XII. on which M .. Planiol, iI1 his Civil La\v Treaties, comments as follows: "'That statute, in prom�Jgating tl1e Civil Code, repealed m its entirety all tl1e old law ... No other repeal 1s comparable to this colossal operation ..." But while the Fren�l1 Civil Code _ �erely finalized a mature internal evolution, the Ethiopian one �mports unf�1l1ar l �w conc �pts .fron:_i _ abroad. So it may indeed be expect �d , 1 ts effects will so?letrmes be ... st11lt 1f1ed wl1ere tl1e people tl1emselves persist hat � _ _ 1n doing a thing which they are supposed by legislation to have ceased fron1 ,doing ..: :. Such persistence, if generalized, co11ld 1111dern1 i 1 1e the public order; dis putes m1ght be settled out of court and law. 0 11e ain1 of tl1is paper is to show that this need not necessarily or o,1erwhelmi11gly l1appen. I11deed, tl1ere are certain '(1) �a �itional,_ (2) actual and (3) technical factors supporti11g and explai 11ing the Eth1op1an choice of a comprel1ensive · codification with all-out repeals. Tl1ese ex planatory factors are djsc11 ssed below. EXI'LANATORY F,\C...'TORS
Ethiopia ca.nnot be considered i11 a purely African c11stomary context. Its lradition embodies elements of Mediterranean (incorrectly called ''\Vestern'') civil ization, with its Judeo-Christian and Greco-Ro1nan compo11e 11ts. Co11st,111tine and the Nicea council 1001n large m Ethiopian lore. Tl1e kingdon1 of Ax11m was ,1n :ally of Justinian. Above all, tl1ere is a tradition of 011e basic authority and l[t\.V at the centre, \Vhich preserved this en1pire through centuries of trib11latio11. Codifi0cation is no new concept here. Tl1e Ethiopian Cl1ristians' Canon a11d Civil La¥1 was comprehensively fo1m11lated - possibly in tl1e 16th century - in tl1e Fetl1a Nagc1st (La\v of the Kings), drawing all its precepts from tl1e 111onopl1ysitc n1otl1er church at Alexandria. Tl1e Civil Law part co11tains, an1011g otl1 ers, eler11 ents or East-Roman law. Readers interested in tl1is topic will find i11troduclory in(or 1 n,11ion and further bibliography i11 R.R. Canevari's Fetl1a Nc,gast, Mila110, 1936. Now let us pass to actuality. Tl1ougl1 codification, in its co111prel1ensive aspect, is a familjar concept here, tl1e venerable Fetl1a Nagast has becon1 e so outdated as to be rarely invoked. Prior to 1960 Etl1iopian civil adjudicatio11 was based 1nainly ·on equity (includ_i11g perst1asive foreign precede11ts) a11d c11sto1ns, tl1e latter bei11g varied and uncertain. Save for Eritrea, Ethiopian c11stornary laws were not re duced to writing, though descriptions of social c11sto1ns have appeared in travel lers' reports and in the ethnological bulleti11s of tl1e Universit� Colleg� of Addis Ababa. The tribal and local variations of legal customs are legion. Their progres sive u.nification by gradual processes might take generatio11s, while Ethiopia's survival and progress in a non-leisurely age require speedier so! t1ti_ons. � o. rigl1tly or wrongly, a short cut was taken in enacting the present Eth1op 1 an C1� 1l Code \vith its sweeping abrogation of the legal past. This most 11nusual � ethod 1�cludes, l1owever, devices for safeguarding some continuity. The 11e,v techruque: �f 1n� erest to the lawyer, will be discussed below at leng_ th. It i� l1oped. t�at the dist1n_g111s� ed expert who drafted the code on Conti11ental ]1nes, will be w 1 ll1ng to add his 111.1ses t1i, poi11t, if any. - 171 -
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ty the Emperor's es aj is M H m o fr te o u q to 1t iI o p To start with, it ma.y be in . preface to the Ethiopian Civil Code. wel l the witl i riy har ,no in are cod e ''The r1.tles coritai11ed in this , ed ll e v ca a d h n a , . .. e ir p m E r u O f established legal traditions o ic}i h w w la o . N d rl o w e th in w la f o s n as well, tt/JOn t/1.e best syste1 d to n le a p eo p e th f o es ti u d . d n a s . t gh is designed to clefin.e the ri er 1 s -1 ev n o ca ti la re c1l tu u m r ei th g n 1i rr set oitt tlie JJrinciples gove it is om h w to se 1.o t/ f o s rt ea h 1e tl h ac be effective if it fails to re d s an ed ne ir ie tl to d on sp re t no es clo irz.te1zded to aJJJJly arid c·itsto1ns a11d to naturc1l ji1stice." i,ria facie, incompr s, em se t en m ce 1n o1 on pr us ro ne ge This most wise and n: ai ag te ci to n, io is ov pr '' ls ea ep ''R patible witl1 the me11tio,ned n te er rit th w he w s le ru l al , ed id ov pr sly es pr ''U11less otl1er1vise ex by re e he ar d an de co is th by ed ac /Jl re be l ctl sl for iri tl1is code 1 y reb e he ar d an de co is tl1 by d ce JJla re be all i sl for i1·1 t!i is code repealed.'' But a closer analysis will reveal five avenues along wh ich traditional rules be preserved. Tl1ese outl�t� for custom are: (1) incorpora y,. ma or are s to1n c11 1d 1 t_ � c: �1on of ct1�to1n, (2) rererence to c11stom, (3) filling code vacuums, (4) judicial 111terpret�1t1cin and (5) parti-legal 011tlets. We shall discuss them in turn. - - . '
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FOPJ\1 40 (B) CURRENT ISSUES r
CONDi fIONAL RELEASE INTRODUCTION
Article 112 of the Penal Code of Etluop . i. a provides . that pnsoners sentenced to imprisonment may on ce 1 -n pres_cnbed conditions laid down by law, be released on probation' prior t� �; e expiry of the tern1 of sentence. Furthennore, according to Article 207 of tl e ; 1 Code orders fo r nditional release are to co _ , � : : ; be made by the cotirts. Thes ge r 1 rules involve the following questions: . . (I) under v.,11at c1.rc11n1stances niay , an order for . cond1t1onal release be given1 (2) Which court is - competent to make su ch an order? . . (3) Wl1at is the proper procedu re for mak.ing such an order? CONDITIONS FOR RELEASE
. The conditio11s in the absen ay f which r elease an m order for conditional , 110t be made are laid down in �� tic1es 112 an d 207 of the Penal Code. Thes e - 172 -
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LAW JOURNAL CURRENT ISSUE
FORM
40 (B)
conditions are of two kinds, material and personal. A.. (i) It is firstly_ required tl1at two-thirds of the sentence should have been served or, 1n the .case of a life sentence, that twenty years should have been served (Article 112 (1) of tl1e Penal Code). (ii) I � is further necessary that the prisoner concerned should have satis fied, to the best of his �bility,_ such order or agreement as may have been mad� ?r entered into \V1th respect to l1is civil liability for the damage ar1s1ng from the offence (Article 207 (b) of the Penal Code). B. (i) Con �itional release m11st be ''deserved'' by the prisoner concer11ed (Article 206 of the Penal Code, second line), and it n1ay not be dee1ned to be dese.rved unless tl1e said prisoner's conduct "has been satis f �ctory'' �Article 112 (1) of the Penal Code), i.e., 11nless l1e gave, by his beh�v1our _ and work while in priso11, "tangible proof of l1 is impro vement (Article 207 (a) of tl1e Penal Code). (ii) Since an order for co11ditio11 al release may not be 1nade unless ''it affords a reaso11able chance of success'' (Article 296 of the Pe11al Code, second line in fine), it does not suffice tl1at tl1e prisoner shot1ld have been of good conduct in prison. It is also necessary that his character as well as the conditions in whicl1 he will find hi1nself upon release be such that an optimistic prognosis may be made (Article 207 (c) of the Penal Code). The risk inherent in releasing priso11ers 011 proba tion may, indeed, be greater or smaller accordi11g to \Vl1ctl1 er or not they will find employn1ent after release, receive n1aterial and 1._uoral support from their relatives, and the like. All of the above are the 011/y conditions upon tl1e ft1lfil1nerlt of v,;hicl1 the making of an order for conditional release depe11ds. Admittedly, Arlicle 112 (2) of the Penal Code states that penitentiary regulations v1ill J)rescribe !"l1e cor1ditions for, and manner of, implementi11g the provisions of sub-article ( I). Yet, t11e fuct that regulations of that kind are at present non-existent shot1ld 11ot l)e tisecl as an excuse for declining to order conditional release, for it is virt11ally cer:ain tl1at ll1ese regulations will not lay down substantive requirements in additio11 to, or ,it variance with, those laid down in the Penal Code. Tl1e said regt1latio11s 1nay well prescribe, for example, the minimum marks whicl1 a prisoner sl1ould get before being eligible for release, the tin1 e for which or conditions on wl1ich l1e may be made to live in those labour settlements mentioned in Article 112 (1) second line, of the Penal Code, etc., so that the decision as to wl1ether he gave ta11gible proof of his improvement may be made in accordance with precise criteria. It does not and it cannot follow, however, that so long as these criteria do not exist a pri soner m.ay not be deemed to have corrected hin1sel£ and to be fit for being con ditionally released. JURISDICTION TO ORDER RELEASE
No authority other than the court is competent t? make an ? rd_e� for c��di tional release. Such an order by its very nature requires a new JUd1c1al decision since it affects a matter which is res juclicata and implies the revision of a judgment in force. Thus, on the one hand, the Prisons Administration may not of its own - )73 -
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OK O B M R O F L A G E L N ETHIOPIA co nsiders him t o ht per it gh u o .th en ev 111otio11 place a priso11er 011 probation, s to whether an orde ·r a t ur co e . th e s vi _ ad fectly fit for releas e ; its only duty is to ticular case. Ne1t �e r do the executive r pa y an in e ad n1 e b to 1t gl ou e e l f or re as r shou ld be re ne so ri p ?�r th h� _w o t as autl1oriti es play a part in the de cision . e ts . th ur of on co t1 1c sd ny r1 A �u e 1� s lu c x e e th n hi t i w leased, since this decisi on is on ti of powers as ra pa se of e p c1 1n pr e l th ct di oth er so lutio11 ,vould not only contra ld a lso amount to assimil ou w it t · u b n, o i ut it st ensl1rined in Article 110 of tl1 e Con conditional relea se and ., i.e , nt re e ff di lly ta en ating two steps vvl1icl1 are fundam say in th e f o rmer than a ve ha to e iv ut ec e x e tl1 pardon. There is no more reason f or t]1er e is for t he judiciary to l1ave a say in the la tter. . er c o nditio nal release, thi s, und r e rd o t o nt te pe m co is 1 cl hi w -t u1 As for tl1e co ode i s ''the c ourt having C re du ce o Pr al in im Cr e th .Article 216 (1) a11d (2) (e) of It '. s not re e' i ad m be to is er rd o 1 cl st1 ch hi w to n tio passed tl1e se11te11ce in rela e same judge s as those who th by e ad m e b d ul o sl1 e r d qt1i red tl1at tl1e said or such a re quirement y wh on as re no ly us vio ob is e re h t d an e, JJasse d tl1e se11tenc o 11o t know the prisoner well d es g jud ter lat the 11 ve e e c sin , wn do sl1ould be laid. e released. Al l that is requir e d b to fit is e h e r h t e wl1 ide dec to e l ab Lo be �not1gl1 it s members may be er oev wl1 , ent gn1 jt1d al fin 1e tl e gav t tl1a 1rt cot e tl1 at 1 1s tl \vl1e11 release is appliecl for, sl1ot1ld be satisfied by t l1e p rison authorities that the conditio11s for C)rdering release are ft1lfilled.
PROCEDURE FOR RELEASE
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. A11 orde:· for co11ditio11a1 release may not be made excep t on an application to t l11s effect_ being l�dged,,under Article 217 (1) o f th e Criminal Pr ocedure Code either by t_l1e prisorier l11111selr througl1 tl1e prison autl1orities , who must submit it to the couit C\'en. tl1ot1gI1 the>' do not agree to the applicant being released (what they sl1o�_ld �o 11! suc11 _a case is to state tl1e reas o ns f o r th eir disagreeme nt when the appJ1cat1on 1s Cl1ns1dered by the court) or directly by the pr·s 1 o n auth or1·t·1e s. It ·IS · ·es to take tl1e initiative when t11ey. are Ill con1n1on fo_r· t·· he aL1thor1t1 of �. ur o av f · · . . prison · · e. r be111g released · '"fl1e app1·ication, bY whomever made, must state reasons 1ust1 fy11�g re 1ease a11d tl1e regu lations to be drafted under Artic 1e 112 of the p enaI Code \V1ll presumably specif Y. it s f Ornl a_ud e xac t cont ents. The application will th e n be decid ed in acc orda e h rticles (2 )-(5) o f A.rticle 217 of the Criminal � Procedt1re Code (riote �t at\v;�.e 1 J?rosecut o r ma.y, f or cause to be shown to the court, obj ect to the app1 ica on � eulg granted) and, where it is granted, the following rules will aJJp ly.
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1. The cot1rt 1ni,st fix a pro bat·1011 period which_ may not be shorter than two nor longer than five ears (Arti.cl e 209 second line, Penal Code), and the sente11ce will 1iot be de emefto ha e b e en f ull;' served. unless the said period expires � witl1ot1t the order for r elease 11av111g been revo ked. 2. The court ,rzay fix so-called ru1 f conduct (Article 210 (1) of the Penal _ ? Code), i.e., rules of the kind def· ed rn �ticle 202 o_f the Penal Code, with a vi ew �o less�ning th e risk of a relap:; The c les when ourt ru may these dispense with · ry it considers them to b e ui.inec · es sa . . . . It 1s of te n ad vi sa b l e tl la t r 1 e eased _p_rrsoners_ shou ld, in their own interest, be . subJect to a certain amount 0f s upervision, which is nonnally to be carried out - 174 -
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FORM
40 (C)
by probatio11 officers or charitable institutions (Article 210 (2) of the Penal Code). The fact that the services of such officers or institutions are not available now should not be invoked as a ground for not releasing prisoners; to refuse release on th.is ground alone would be contrary to the law, since Article 210 (2) of tl1 e Penal Code specifically prescribes that no order for supervision may be made which is impractical or useless. Tl1e Code, therefore, talces into full account the fact that it may be impossible to supervise released priso11ers, but it does 1101 regarcl it as an obstacle to the granti11g of a cor1.ditio11al release. The reason for this soltttion is evident, as Articles 202 a11d 210 of the Penal Code provide that the co1trt may, whe11 granting an application for release, order ''any measure for securing the s11ccess of the probatio11''. Tl1us, if direct supervision cannot be exercised, there is 11othing to preve11t tl1e court, for exa1nple, from ordering the released prisoner to report to the court or the police at regular intervals or from requiring a reliable perso11, whether or n.ot a relative of the prisoner concerned, to vouch for tl1e latter's good conduct or generally to carry out the duties of a probation officer. In otl1er words, tl1ere is ample room in the Code for supervision otl1er tl1an by probation officers or cl1 aritable institu tions, as the court has an absolute discretion to prescribe a11y requiren1e11ts it deems necessary in view of tl1e priso11er's reforrnation, so long as these require ments are not inconsistent with the aims of conditio11al release. There ca.n be 110 doubt, therefore, that an application for conditional release should not be dismissed by the court except for want of any of tl1e material or personal conditions mentioned under (1) above. Any dismissal ordered on other grounds must be considered unlawful. A prisoner wl10 ''deserves" to be released may not be denied what he deserves simply because supervisory al1tl1orities are non-existent; the purpose which the Parlian1e11t had i11 n1ind wl1 e11 1Jro\1 iding for supervision may be served equally well by different metl1ods to be specified by the court from case to case.
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FORM 40 (C) COMMENTARY -
CRIMINAL JURISDICTION IN ETHIOPIA l.
INTRODUCTION
There are two elements involved in the exercise of criminal jurisdiction by the Ethiopian courts. The first element deals with persons subj�ct . to the P�nal Code of Ethiopia. All persons subject to the Penal Code of E�hiop1a are su?Ject _ to the jurisdiction of the Ethiopian courts, and they 1:11ay be tried here for �1ola tions of the Penal Code. Title I, Chapter II, Section 2 (Arts. 11-22) of the Penal Code covers the question of what persons are subject to the Penal Code, and h.ence to the jurisdiction of the E�hiopian courts. The second element deals with the jurisdiction of courts. It mus� be <:1e termined which court in Ethiopia has jurisdiction to hear the case and 1n which - 175 -
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se be tried before the ca e !h ld ou sh ., e.g , ed tri be t us 1n area of Ethiopia tlie case rt o� Debre Berhan ou C a dJ ra w A e th or ba ba A is dd High Court sitting in A tions are cover ed es qu se he T a. ed or W le le ul G of t ur Co Awradja or tl1e Woreda ina. l Procedure Code. m ri C e th of 2 r te ap Ch , IV ok Bo d by Book I, Chapter 1 an (Arts. 4, 6, 7 and 99-107).
11.
PERSONS SUBJECT TO PENAL CODE
TI-IE FIRST ELEMENT :
Whether or not a person is subject to the Pen�l Co_de depends on (1) the place where the offence was comn1itted, (2) �e nat1onal1ty. of t_he accused and (3) tl1e ki11d of offence that l1as been committed. In certain circumstances an acc11 sed is said to be subject to Ethiopia's principal jitrisdiction; in other cir c11msta11ces, altho11gh he is not subject to Ethiopia's principal jurisdiction, he is said to be subject to Ethiopia's si1bsicliary ji1risdiction. The conditions for the exercise of jurisdictio11 differ depending on whether the accused is subject to Etl1iopia's pri11cipal or s11bsidiary jurisdiction. Most significantly, where a person is s11bject to Etl1iopia's principal j11risdiction, discharge or acquittal in a foreign country cloes not preve11t a prosecution for the same offence in Ethiopia; it <.loes so if he is on.ly subject to Ethiopia's subsidiary jurisdiction. 1-\.
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Pri11ci11al Jr1risdic:tio1z (Pe11al Code, Arts. 11-16)
Pri11 cipal jurisdictio11 exists as to an acc11sed who is (1) charged with the co111n1issio11 c.f a11 offe11ce ir1 Ethiopia, (2) cl1arged \Vith rthe commission of certain offences against Ethiopia i11 a foreign country, (3) charged with the commission of a1 � off 1:-nce i11 a. foreign cou11try \Vl1ere he possesses in1IDu.nity from prosecution by v1rt11e of l1is statt!S as a11 Etl1iopian official, (4) cl1arged with the commission of cert.1 i�- offe11ccs _in ,L fo�·eign co11ntry while a member of the Ethiopian Armed �o:·ce�. !'1rst ,,.;e will co:1s1c.ier when an accused is subject to Ethiopia's principal �11r�s�:ct�o11; then we will consider tl1e conditions for the exercise of principal
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PEl<.SONS SUBJECT TO E·r1-IIOPIA S PRINCIPAL JURISDICTION
a. Otfe11ces co1rzn1itted in EtlziOJJia (Pe11c1l Code, Arts. 11, 12)
Art. 11 (1) P��vid�s that the Code is applicable to any person who commits litny otfe,ice sp�cified in the Code on Etl1iopian territory. Territory consists of 1 a11d, sea and air. EXAMPLE: A national of �en�a, �l1il e visiting Ethiopia, allegedly rapes anotl1er Ken _ yan 1n v1olat1011 of Art. 589. Since th e alleged offence com.mitted. on tl1e territory of Ethiopia, the accused is sub :�� to J . �he Code and n1ay be tried in the Ethiopian courts for a v10l at ion o f Art. 589. . a . . EXAMPLE: While a Sudan Airwa . ys fl'igh t 1s passing over Ethiopia, . Sudanese natio . nal aboard the flight allegedly assaults a fellbW en�er, who_ is also Sudanese. Since Ethiopian air spa ce is ��: opian territory, the alleged offence was committ eed on
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J OlTRNA.L
COMMENTARY
FORM
40 (C)
Ethi_opian. territory� which subjects the accused to the Pe11al Code, a.nd he may be tried in the Ethjopian courts for a violation of Art. 544. �ert �in persons such as d�plomatic officials are imn1une fro1n criminal pro �ecut1on_ 1n the cou·ntry .to whi �h �hey are �ccredited 11nder principles of public 1ntern _at1on�I �aw. Sl �ch _1mmun1ty 1s recognized 1111der Art. 11 (2), and a person _ 1mmun1ty 1s enJoy1n g_ thi �1ot_ subject to the Penal Code, a11d th11s, not subject tc � _ the 111r1sd1ct1on of the Etluop1an courts. EXAMPLE:
T �e Am ?assador of a country witl1 whom Ethiopia has diplo:c.'! at1c relations recklessly drives his automobile in Addis Ababa. kil]i �g an Etl1iopian. Such co11d11ct \vould co11stit11te homicide b1� negligence under Art. 526. Since under principles of public in ternational law, ambassadors are not subject to tl1e penal la\v of the co11ntry to which they are accredited, the ambassador 1nay 11ot be tried in tl1e Etl1iopia11 co11rts for a violation of Art. 526.
A person w110 has committed a11 offence i n Ethiopia 1nay have successfully escaped and taken refuge in a foreign country. In sucl1 a case the Eth.iopian autl1orities are directed under Art. 11 (3) to request his extraditio11 so that h.e may be tried under Ethiopian law. Extradition is tl1e process by which a perso11 who has committed an offence in one count[)' a11d has talcen refuge in a11otl1er is returned to the country wl1ere the offence was committed in order tl1at l1e may sta11d trial there. Unfortunatel)', Etl1iopia does not have extTa<lition treaties with very many cou11tries, and most cot1ntries will 11ot permit anyone to be extraditecl unless there is a treaty witl1 tl1e country requesti11g extradition. That is tl1e law in Ethiopia; no one may be extradited from Ethiopia except i n accorda11ce w i th international agreement. Revised Constitution of Etlliopia, Art. 50. See also Art. 21. Penal Code. In ligl1t of the absence of extradition treaties, Art. l 1 (3) is 11ot likely to be very effective. Where extradition cannot be obtained, Art. 12 (1) directs tl1e Ethiopia11 authorities to request that tl1e offender be tried in tl1e country of refuge. If tl1at request is honored by the country in wl1ich the offender l1as take11 refuge, a� d he is tried a,nd acauitted there, l1e cannot be tried again for the same offence 111 Ethiopia if he is subsequently apprehended here. Tl1is is 3: Iso true if his_ s�nte_nce has been remitted there or if enforcement of the sentence 1s barred by l1m1tat1on. Art. 12 (2), Penal Code. EXAM.PLE:
EXAM'PLE:
A foreign n atio11al, suspected of committing l1omicide in Et�iopia flees to his home country, where he is apprehended. He 1s not extradited, but upon the request of the Et�io_pian au_ thoritie� he js tried for tl1e hon1icide committed in Eth1op1a. He 1s acquitted and rett1rns to Ethiopia. Since he was acquitted of_ the h?m�cide charge, he cannot be again tried for that offence 1n Etluop1a. Same facts as above except that the Ethiopian no request that he be tried in the cou.ntry of own initiative the authorities tl1ere apprehend - 177 -
authorities m �e r�fuge. On tl1e1r him and charge
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him with tlie homicide allegedly committed in Et hi?pi� . He is tried and acquitted. Subsequently, he r�turns to Eth1op1a where he is apprel1ended. Since I1e wa s no _ t tried 3:t the reques� of the Ethiopian authorities, Art. 12 �2) zs not �PP!t�able: a�d s�nc� t�e general rt1le is that persons subJect to Ethiopia s pr1nc1pal 1 :urisd1c tion can be retried in Etl1iopja thot1gh they have been tried an. d acquitted for the same offence in a foreign country, A�. 16 (�), Penal Code (to be discussed more fully), he ma y be tried agam for the homicide in Ethiopia. Wl1ere the offender who has been convicted following a request under Art. 12 had served out his sentence, he cannot again be punished in Ethiopia. But if he has been convicted and has not undergone any of the punishment or has undergone only part of it, if l1e is apprehended in Ethiopia, �he rem3:inder shall be enforced _ in Ethiopia /Jrovided tl1at enforcement of the punishment 1s not barred by Ethio pia's law of limitation. Art. 12 (3), Penal Code. EXAMPLE:
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A. foreigner l1as committed an offence in Ethiopia and has fled to l1is l1ome cot1ntry, where he is apprehended. Upon ·the request of tl1e Ethiopian a utl1orities, he is tried for the offence in his l1on1e country, convicted and sentenced to one year's imprison111en. Before serving any of the sentence, he escapes and flees to Ethiopia, wl1ere he is apprehended. Once it is proved that he was sentenced for tl1e offence and did not serve a. n y part of the sente11ce, he may be sentenced to one year's imprisonment, provid ing tl1at e11forcement of the penalty is not barred by limitation.
A foreigner, who has committed theft in Ethiopia, flees to his l101ne country where l1e is apprel1ended. Upon request of the Ethiopian autl1orities he is tried for the offence, convicted. and sentenced to tlrree years imprisonment. He escapes before he has served any part of the sentence. Fifteen yea rs later he is ap prel1ended in Etl1iopia. Under Art. 234, Penal Code, enforcement of a penalty of imprisonment for n1ore than one year but less than ten is extingt1ished after ten years. Since enforcement of the penalty is barred by limitation under Ethiopian law, he cannot be required to serve the three year's imprisonment he re.
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b. Offe11ces co1n111itted irz a foreign count,)' against Etlziopia (Pe11.al Code Art. 13)
T�is arti�le covers offences con1n1itted in a foreigi1 country that have their _ �ff�ct . 1°: Etluop1a. N?t ?'' si1cl1. offe11ces s1.1bject the offender to the principal 1urrsd1ct101z of t/1e Ethzo1J1a11 coi,rts. Only the offences prohibited by Ar 248 ts. -272 (offences �gamst t?e �ml?eror a�d the En1pire, their safety or integ rity, and of _ fences aga�nst E�10 �1an 1nst1tut1ons) and those prohibited by Ar ts. 366-382 (of f�n� es a?a1�st Ethi?p� a°: curre11cy and official seals) subject the off ende r to Ethio _ pia s pr1�c1pal 3ur1sd1ct101:3-. �ut when sucl1 offences ha ve been committed, the . offe11der �s subJect to Etl11op1a's principal jurisdiction wheth er he is an Ethiopian or a foreigner. -178 -
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FORM
40 (C)
EXAMPLE:
In _ a fore.ign country, a foreign natio11al conspires witl1 Ethiopian exiles to overthrow the Emperor in violation of Art. 249. Ii 1 �era �ce of the plot he also counterfeits Ethiopian currency m v1olat1on of Art. 266. Since both of tl1ese offences are violations of . th� Ar �icl�s �e� forth in Art. 13, the offender is subject to the pr1nc�pal 1unsd1 �t10 � of Ethiopia and, if apprehended l1ere, may be tried for. a v1olat1011 of those articles.
EXAMPLE:
In a foreign country, a foreign national tries to prevent the pur cha_se of Ethio J?ian bonds being offered for sale tl1ere by falsely tellmg prospective purchasers that the Ethiopian dollar is about to be devalued. This constitutes a violation of Art. 359. Althougl1 such con? uct may have a detrimental effect in Etl1iopia, since Art. 359 ts not one of the Articles set forth in Art. 13, the offender is not subject to the principal jurisdiction of Ethiopia. - - R.A.S.
FACULTY OF LAW HAILE SELLASSIE I UNIVERSITY
EDITORIAL NOTE A Law Review or Law Journal is a legal periodical publisl1ecl by the Faculty of J_a\v of a University or sponsored by some otl1er brancl1 of the Legal Professio11 sucl1 ns a J3ar Association of a 11inistry of Justice. It purpose it to encourage legal sc11olarship. The Journal of Ethiopian Lalv is published by the Faculty of La\v, I--Iailc Selassie l University, in conjunction with the Ministry of Justice. Begun in the sun1n1cr of 1964. it appears semi-annually in both An1haric and English. It is the sole source for the pub1icniion of Judgments (See Form 17) of the various Courts tl1roughout tl1e Empire at this time. A Leading Article, Form 40 (A) is a scl1olarly essay \vritten by son1co11e learned in t11e Law (sucl1 as a Judge, Advocate, Prosecutor, Professor of J�a\.v or legal advisor to the Government) and pubUshed in a legal periodical such as tl1e Journal of Ethiopia,z Law. It is a secondary source of law and is often cited by a Court ,vl1icl1 n1ay rely on it as the author ity for rendering its Judgment. See Form 17. Tl1e excerpt printed above appeared in Volume II, Number 2, of the Journal of Ethiopia11 La\v (1965). A Current Issue' Form 40 (B)' in the Jour11al of EthioJJia11 Lalv, is sin1ilar to . a Leading Article, see Form 40 (A), but differs in that it is sl1orter in lengtl1, deals with a Sll ?Ject matter which is controversial and t1sually does not identify the author. Tl1e excerpt printed above appeared in Volume II, Number 2 of the Journal of Ethiopia11 LalV (1965). A Commentary, Form 40 (C), published in the Jour11al of E_1hiopia11 Lall', is a simple synopsis of the Law of Ethiopia in a narrow area. Its purpose 1n to ed�cate la _w students and accordingly it does not have the same intellectual depth as a Leading Article or the controversial nature of a Current Issue.
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FORM 41 AFFIDAVIT DECLARATION OF RENUNCIATION 01� FOREIGN NATIONALITY I ..................................................... . holder of . . . . . . . . . . . . . . . . . . . . . . . . PassPol·t· No•
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... issued by ........................
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on the ...... ............. . . day of .............................. by .. . ........ .............. . .. ... .. c1t1zen o·f ............... . . ....................................... and ................................. citizen of ....................... .. . . s ry of ....................................... , hav111g st1b1n.1tted a pet1t1on to the Minit . . . . . . . . . . .. . . . . . . . . . . . . . bor11 in
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Foreig 11 Affairs of tl1e I1n1Jerial Ethiopian Gover11n1ent iJ1 order to ac quire the Etl1iopian l\Jatio11ality, do l1ereby declare on oath that I renounce forever allegiance and fidelity to ai1y foreig11 Power a11d particularlyto the ................................. • '• t
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EDITORIAL NOTE An Affi 9avit is a ,vritten �tateme �t of facts 1nade voluntarily under oatl1. It is of such stature that 1t 1nay serve as evidence 1n court.
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FORM 42 OATH FORM 42(A) OATH OF EMPEROR ON CORONATION In the 11 �e of Almighty God, We Haile Selassie I , Emperor of Ethiopia, s\vear that We will upl10Id and defe11d the Constitt1tio11 of tl1e E111pire� that We will govern Our Subjects with patience a.nd devotion to tl1ei1· ge11eral welfare in accordance with the Constitution a11d the laws; that We will faitl1fully defend, with all the means in Our power, th.e integrity and territory of Our Empire; that We will faithfully see to the impartial execution of all laws approved by Parlia ment and proclaimed by Us; tl1at We profess and will defend the Holy Orthodox Faith based on the doctrines of St. Mark of Alexandria, professed in Etl1iopia since the Holy Emperors Abreha and Atsbiha; that We will ever promote the spiritual and material \Velfare and advancement of Our Sub jects; and tl1at, witl1 the aid of the Almigl1ty, We will faitl1fully execute tl1e pron1ises which We ha.ve l1ere t1nd.ertaken. So help Us God.
FORM 42 (B) OATll OF ALLEGIANCE
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I, THE UNDERSIGNED, ........... . ........................... DECLARE BY THE PRESENT AND UNDER OATH MY ABSOLUTE FIDELITY TO I-IIS IMPERIAL MAJESTY AND THE EMPIRE OF ETHIOPIA, AND, AS A SUBJECT OF MY AUGUST SOVEREIGN THE EMPEROR OF ETHIOPIA HAILE SELASSIE I AND OF THE IMPERIAL ETI-IIOPIAN GOVERN.: :MENT, I DECLARE UNDER OATH MY RESPECT OF TI-IE LAWS AND REGULATIONS OF THE EMPIRE OF ETHIOPIA. MAY GOD HELP IvlE. ADDIS ABABA, .......... ; ........................ · SIGNATURE WITNESSES: 1) ....................................... : ..... 2) .......................................... .
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FORM 42 (C) OATH OF ADMISSION TO PRACTICE LAW I DO SOLEMNLY SWEAR: . ia p io th E f o n o ti u it st I will support the Con l ia ic d d e n a ic ju e ff ic o st u rs; J f o s rt u o C to e 11 d t ec sp re I will maintain th.e ll h a ic sh h ear to g w p in p a ed ce ro p r o it su y n a in ta n ai I will 11ot counsel or m ly st e b ne table ho to ba de ve ie el I b as ch su pt ce ex se en m e to be unjust, n or any def tinder tl1e law of the land; ed id to me such nf e co us ca e th ng ni ai nt ai m of e os rp pu e I will employ for th r ve seek to mislead ne ill w d an r, no ho d an h 11t tr ith w nt te is means only as are cons ; w la or ct fa of t en em at st e ls fa or e ic tl1e Judge by any artif s et y of cr m e se th t. e en at cli ol vi in ve er es pr d an ce en id nf co e 1 tl n ai nt 1 I will n ai s pt es ce sin ex s bu hi m th fro wi n tio ec nn co in n io at ns 1Je m co no pt ce ac and will him or with his kJ10\vledge and approval; t no al fac e ici nc jud va pre ad d an , lity na rso pe e siv en off all n1 fro in sta I \vill ab ed by the uir tice jus s req les un ss, tne wi or rty pa t a of 1 1 tio �ta rep �r r no l1o to he of tl1e ca11se \V1th which I am charged; I \Vill never reject, fro1n any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cau . s e for lucre or malice. SO I-IELP ME GOD.
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FOR�/1 42 (D) OA f!-I OF COURT-MARTIAL
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God tl1. at I w ·� ill well do and truely try the accused or the I swear by Almio0hty · . court according to the evidence duly d · us . the .accuseds before a m1r · tered and accord. i11g to the Ariny Act now in . f·orce wit11out partiality' favour or affe · ct·ion. · And I do further swear that , J. �v1·n. not ·111 ru1y account at any time whatsoev er disclose ·or disco�er the vote or lll on of any particular members of the courtmartial unless req11ired tl1ereu 11 t Of-'ill t�he course of law..
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.. . I swe�r by �mighty God tl1at I WI·11 .t? tl1e best . of my ab1l1ty ca rry out the d11t1es of J udge advocate· 1111 accord ance witli �lie Ar111y Act and the rules made thereunder without pa-rtiality fa ? ur or affection. And thaJt I I swea r furth do er � will not on any account at �ny 1e Wllatsoever or vote disc �ose the disc or over opinion on any matter of 'any pa � 1ar member of th�s 9oµr:t-martial un: less thereunto required in the course of
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FORM 43 CANON FORM 43 (A) RECOMMENDED CANONS OF PROFESSIONAL ETHICS FOR LAWYERS PREAMBLE
In Ethiopia where the stability of Courts and all departments of government rests upon the approval of H.is Majesty and the people, it is peculiarly essential that the system for establishing and d.ispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its adn1inistration. The future of Et11iopia to a great extent. depends upon our maintenance of Justice pure a11d unsullied. It cannot be so maintained unless the conduct and the motives of the members of ot1r judiciary are such as to merit the approval of all just men. I. TtIE DUTY OF TI-IE LAWYER TO Tl-IE COURTS It is the duty of the lawyer to maintain towards the Courts a respectful atti tude, not for the sake of the temporary incumbent of the judicial office, bt1t for the maintenance of its supren1e in1portance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor. Whenever there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to subn1it bi s grievances to the proper authorities. In such cases, but not otherwise, such charges should be enco_uraged and the person making them should be protected.
2. ATTEMPTS TO EXERT PERSONAL INFLUENCE ON TI-IE COURT Marked attention and usual hospitality on the part of a lawyer to a Judg�. uncalled for by the personal relations of the parties, subject both the Judge and the lawyer to misconstructions of motives ancl should be avoided. A la\vyer sl1ould not communicate or argue privately witl1 tl1e Jt1dge as to the merits of a pending cause, and he deserves rebuke and denunciation for any device or attempt to gain from a Judge special personal consideration or favor. A selfrespecting independence in the discharge of professional duty without denial or diminution of the courtesy and respect due the Judge's station, is the only proper foundation for cordial personal and official relations betwee.n Bench and Bar. 3. WHEN. COUNSEL FOR AN lNDIGENT PRJSONER A lawyer assigned as counsel for an indigent prisoner o� ght not to ask_ to � e excused for any trivial reason, and should always exert his best efforts 1n .n1s behalf. 4.
THE DEFENCE OR PROSECUTION OF THOSE ACCUSED OF CRIME
It is th� right of the lawyer to undertake the defense of a person accused . of crime, r�gardless of his personal opinion as to the guilt of the accused; otherwise - 183 . ' -
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t be gh mi , denie� ce tan ms cu cir s ou ici sp su � of ly s on i 1111oce11t persons, victim d, by un all is bo f�r r ye law the se, fen de ch su n ke rta de un proper defense. Having _th law of� the lan.d permits, and honorable 1nea11s, to present every defense th at � e du by t s bu ces y, pro ert lib or life of ved pri de be y ma 11 rso to the e11d that no pe of law. Tl1e prin1 ary duty of a lawyer engaged_ in public prosecution is_ not to 7onvict, bt1t to see that jt1 stice is done. The suppress101 1 of facts �r the_ secreting of w_1tnesses capable of establishing tl1e innocence of the accused 1s highly reprehens1ble. 5.
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ADVERSE INFLUENCES AND CONFLICTING INTERESTS
It is the duty of a lawyer at the ti1ne of retainer to �isciose . to the client all _ tl1e circu1nstances of l1is relatio11s to the parties, and any mterest 111 or connection with tl1e co11troversy, whicl1 might influence the client in the selection of counsel. It is t111professio11al to represent conflicting interests, excep� b� express c� n� se11t: of all concerned given after a ft1ll disclosure of the facts. W1th1n the mearung of this ca11011, a lawyer represe1 1ts co1iflicting i11terests when, i11 behalf of one client, it is l1is cluty to co11te11d for that wl1icl1 duty to another clie11t requires him to oppose. PROFESSIONAL COLLEAGUES AND CONFLICTS OF 0PINrON
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A client's proffer of assistance of additional ,co1msel should not be regarded as evide11ce of want of confidence, but the matter shottld be left to the determina tio11 of the client. A lawyer should decline association as a colleague if it is ob jectionable to the original counsel bi1t if tl1e lawyer first retained is relieved, anotl1er ma:y come into the case. Wl1e11 lawyers joi11tly associated in a cause cannot agree as to any matter vital to tl1e interest of the client, the conflict of opinio11 should be frankly stated to l1im for his final determinatio11. His decision sl1ould be accepted unless the nature of tl1e differe11ce makes it i111practicable for tl1e lawyer wl1ose judgment ha,s been overruled to co-opcraite effectively. 111 tl1is event it is his duty to ask the client to relie,,e ltim. 7.
ADVISING
UPON
TI-IE MERITS OF A CLIENT'S CAUSE
A lawyer should encleavor to obtai11 full knowledge of his client's cause before advising thereon, and �e is bot1nd · to give a candid opinion of the merits and pro?ab �e res �lt of pending or conten1plated 'litigation. The miscarriages to which Justice 1s sub1ect, by reason of surprises a11d disappointments in evidence and \Vit nesses, ancl througl1 e�rors of Courts, even tl1ough only occasional, admonish lawyers to beware of bolcl and confident assurances to clients, especially where tl �e employment _ �ay depend ltpon such assurance. Whenever the controversy _ �1Jl a �m1t of fair Judgment, the client should be advised to avoid or to end the 1 1 t1gat1on. 8.
NEGOTIATIONS WITI-1 OPPOSITE PARTY
· A l�w�er should not in any Way communicate upon the 8,ubject of controversy . with a party represented by counsel; much less should he undertake to negotiate ..;_• 184 -
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CANONS OF ETilICS FO.R LAWYERS
FORM
43 (A}
or compro111ise tl1e maller \Vith hi1n, but sl1ould deal 011ly \Vith l1is cotinsel. Il 15 incumbe11t upon the lawyer n1ost partict1larly to avoid everytl1ing tl1at 111ay tend to mislead a party not represe11ted by counsel, ancl l1e sl1ould not undertake to advise as to the law.
9.
ACQUIRING INTEREST IN LITIGATION
The lawyer sl1ould not purcl1ase a11y interest i11 the subject 1natter of t11e litigation \Vhich he is conducting.
10.
DEALING \\'!Tl-I TRUST PltOPER'fY
The lawyer should refrain fron1 any action whereby for I1is personal be11efi t or gain he abuses or takes adva11tage of the confidence reposecl in him by his client. Money of the client or collected for the client or other trust property con1i11g into the possession of the lawyer should be reported a11d accot1nted for promptly, a.nd should not tinder any circt1rnstance be comn1ingled with his o\vn or be 11sed. by him.
11.
FIXING TI-IE AMOUNT OF TI-IE FEJ2
In fixing fees, lawyers should avoid charges \Vhicl1 overeslin1ate their advice and services, as well as those wl1ich u11dervalue them. A clie11t's ability to pay cannot justify a charge in excess of the value of tl1e service, thougl1 l1is poverty may reqt1ire a less charge, or even none at all. The reasonable requests of brotr1er lawyers, and of their widows and orpl1ans without ample me�11s, sl1oulcl receive special and kindly consideration. In determining the amount of the fee, it is proper to consider: (1) the ti1ne and labor required, tl1e novelty and difficulty of the questio11s in·volved and the skill requisite properly to conduct tl1e cause; (2) whetl1er tl1e accepta11ce of e111ployment in the particular case will preclt1de tl1e la.wyer's appeara11ce for others in cases likely to arise out of the transaction, and i11 which there is a reaso11able expectation that otherwise l1e would be employed, or will involve tl1e loss of otl1er employn1ent while employed in tl1e particular case or antagonis111s with otl1er clients; (3) the c11stomary charges of tl1e Bar for siinilar services; (4) tl1e a111ount involved in the controversy and the benefits resulting to tl1e client from the services; (5) the contingency or the certainty of the co1npensation; and (6) tl1e character of the employment, wl1ether casual or for a11 established and constant client. l\To one of these considerations in itself is co11trolling. They are n1erely guides in ascertai11ing the real valt1e of the services. - - In fixing fees it should never be forgotten that the profession is a branch of the administration of justice and not a mere money getting trade.
12.
CONTINGENT FEE
Where sa,nctioned by law, the fee should be reasonable under all circt1n1stances of the case, including the risk and uncertainty of the compensation, but should al ways be subject to the supervision of a court, as to its reasonableness. - 185 -
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ETHIOPIAN LEGAL FoRMBOOK
13.
SUING A CLIENT FOR A FEE
Controversies with clients concerning compensation are to be avoi? ed by . _ the lawyer so far as shall be compatible with h.is selfrespe�t �d WI� h.is right to receive reasonable recompense for his services; and lawsu1ts with clients should be resorted to 011ly to prevent injustice, imposition or fraud. 14.
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E FAR A LAWYER MAY GO IN SUPPORTING A CLIENT s CAUS
Nothing operates more certainly th�n to create or to foster popular prejudice _ of _ that full m� asure _ of agai11st lawyers as a class, and to depnve the profession public esteem and confidence which belongs to the proper discharge of its d�ties _ than does tl1e false claim often set up by the unscrupulous ID d.efense of question able transactjons, that it is tl1e duty of the lawyer to do whatever may enable him to succeed in winning his client's cause. It is improper for a lawyer to assert in argument his personal belief in h.is clie11t's innocence or in j11stice of l1is ca11se. The lawyer ov1es ''e11tire devotion to the interest of the client, warm zeal i11 the n1aintena11ce a11d clefense of his rights and the exertion of h.is utmost learning a11d abi]it),'', to the end that nothing be taken or be withheld from him, save by tl1e rl1les of law, legally applied. No fear of judicial disfavor or public unpopularity should restrain l1in1 from the full discharge of his duty. In the juciicial forum the client js e11titled to the benefit of any and every remedy and defense that is authorized by the law of the land, and he may expect his lawyer to assert every sucl1 re1nedy or defense. But it is steadfastly to be borne in mind tl1at tl1e great trust of tl1e lawyer is to be performed within and not without tl1e bou11ds of the law. The office of attorney does not permit, much less does it demancl of him for any client, violation of law or any man.ner of fraud or cl1icane. He must obey ]1is own conscience and not that of his client.
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15. RESTRAINING CLIENTS -FROM IMPROPRIETIES •
A lawyer should 11se l1is best efforts to restrain and to prevent his clients fr?m doing those thi�gs which the lawyer hi111self ought not to do, particularly with reference to their co11duct towards Courts, judicial officers, witnesses and suitors. If a client persists in sucl1 wrong-doing the lawyer should te1111inate their relation. 16. ILL-FEELING AND PERSONALITIES BETWEEN ADVOCATES
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are the litigants. Whatever may be the ill-feeling existing Client �, not l awyers. _ between clients, 1t should not be allowed to influence counsel in their conduct and demeanor toward each otl1e� or toward suitors in the case. All personalities ?etween counsel should be scrupu.Iously avoided. In the trial of a cause it is 11:1-de�ent to allude_ to the personal _history or the personal pec,uliarities and idio _ of counsel on the other side. Personal colloquies between counsel wh.ich sy11cras1es cause delay and .promote unseemly wrangling should also be carefully avoided. - 186-
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CANONS OF ETHICS FOR LAWYERS
17.
FORM
43 (A)
TREATMENT OF WITNESSES AND LITIGANTS
A lawyer should always treat adverse witnesses and suitors with fairness and due consideration, and he should never minister to the malevolence or prejudices of a client in the trial or condt1ct of a cause. The client cannot be made the keeper of the lawyer's conscience in professional matters. He has no right �o demand !�at his counsel shall abuse tl1e opposite party or indulge .in offensive personal1t1es. Improper speech is not excusable on t11e ground that it is what the c)ient would say if speaking in ltis own beha1f. 18.
APPEARANCE OF LAWYER AS WITNESS FOR HIS CLIENT
When a lawyer is a . witness for his client, except as to merely forn1 al matters, such as the attestation or cttstody of an instrument and the like, he should leave the trial of the case to other counsel. Except whe11 essential to the ends of justice, a lawyer should avoid testifying in court in behalf of his clie11t. 19.
NEWSPAPER DISCUSSION AS TO PENDING LITIGATION
Ne\vspaper publications by a lawyer as to pe11ding or anticipated litigation may interfere with a fair trial in tl1e Courts and otherwise prejudice the due ad ministration of justice. Generally they are to be condemned. If the extreme cir cumstances of a particula.r case justify a staten1ent to the public, it is unprofes sional to n1 ake it anonymously. An ex parte refere11ce to tl1e facts sl1ould not go beyond quotation from ilie records and papers on file in tl1e cotrrt; bt1t e'1en i11 extreme cases i t is better to avoid any ex parte statement.
20.
PUNCTUALI1'Y AND EXPEDITION
It is the duty of the lawyer not only to his clie11t, but also to tl1e Courts a11d to the public to be punctual in attendance, and to be co11cise and direct in the trial and disposition of cases.
21.
CANDOR AND FAIRNESS
The conduct of tl1e lawyer before the Cot1rt and witl1 otl1er lawyers shottld be characterized by candor and fairness. It is not candid or fair for the lawyer knowi11gly to 111isquote tl1e co.ntents of a paper, the testimony of a witness, the language or tl1e ar? tirnent of opposi�g counsel, or the language of a decision or a textbook; or \V1th k11owledge of its invalidity, to cite as authority a decision, that has bee11 over-ruled, or a statute that has been repealed or in argument to assert as a fact that_ wlticl1 has _not been proved, or in those jurisdictions where . a side bas the opening and �l?s1ng. arg � ments to mislead his opponent by concealing or with holding positions m his opening (\fgument u,po·n which. his s_ide then ·intend� to rely., It is unprofessional -�nd dishonora�le to de �l other_ th�n candid!y with the facts in taking the statements of witnesses, 10 drawing affidavits and other docun1ents, · . and in the P,resentation of causes. . t,, A lawyer should no t offer evidence which he knows the Court should reJec - 187 -
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E1·1-IIOPJAN LEGAIJ fORMBOOK
sl1 o uld he acldress to the Jt1dge argume11ts upon a11y poi11t not p ro perly calling for dete11ninatio11 by l1im. Tl1ese and aU lci11dred practices are �11professio11al. a?� u�w�rthy of_ �n afficer of the Jaw cl1 ::1rged, as i s the lawyer, with the duty of a 1 cling 1n Lbe adm1 n 1 s·:ration of jt1stice. - - -
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RIGI-lT OF LA\VYER TO CONTROL TI-IE J.NCIDENTS OF THE TRIAL
As to inc;de11 tal 1natters pendi11g the trial, not affe�ti11g the merits o� the cause> Jr worki 1 1g stibstantial prej11dice to tl1e rights of tl1e client, such as for�1ng the o_p posite lawyer to trial whe1 1 l1e is under affliction or bereavement; forcing _the tnal 0 1 1 a partict1 lar da.y to tl1e i1 1jury of the opposite lawyer. when n? harm w�l �esult fro111 a trial at a different tin1e; agreei1 1g to an extension of time for s1gn1 ng a bill of exceptions, cross i11terrog:1tories a11 d the like, the lawyer must be allowed to j11dge. I11 stich n1atters no clie11t has a right to den1and that his counsel shall be illiberal, or tl1at l1e do a11),thing tl1erei 1 1 rep ugnant. to l1is own sense of honor and propriety. 24.
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TAKING TECJ·INICAL ADVANTAGE OF OPPOSITE COUNSEL: AGREEMENT \VITI-I HIM
A lawyer shottld 1 1ot ig11ore known customs or practice of the Bar or of a particular Court, eve11 when the law permits, wit.l1out giving timely 11otice to the oppo si11g counsel. As far as p ossible, important agree�ents, affecting the rights of clie11ts, sl1 011ld be reduced to writing� bt1 t it is dishonorable to avoid perfom1a11ces o f an agree1ne11t fairly made because it is not reduced to writing, as required by rt1les of Cot1rt. 25.
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PROFESSIONAL · ADVOCACY OTI·IER' TI-IAN BEFORE COURTS
A lawyer ope11ly, and in his true character 111ay render professional services to legislative or other bodies, regarding proposed legislation and in advocacy of claiins before departn1ents of government, t1 po11 the san1e principles of etl1ics whicl1 justify his appearance before tl1e Co11rts; but it is unprofessional for a lawyer so e 11gaged to conceal l1is attorneysl1ip, or to employ secret personal solici tations, or to use means other tl1a 1 1 tl1ose addressed to the reason and understand ing, to influence action. 26.
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ADVEJlTISING, DIRECT OR INDIRECT
It is unprofessio11 al to solicit professional en1ployment by circulars, advertise me1�ts, 1Jersona� c om1nt111icatio11s o: interviews not warranted by personal relations. Indirect advertisements for profe�sion�l ·employn1ent such as furnishing or inspiring 11�wspaper c?111m�nts, or procuring l11s photograph to be published in connection with c�t1ses 1n wb1cl1 the la�yer l1as been or is engaged or concerning the manner of the1,r con? �ct, the magnitude_ of the interes_ t involved, the importance of the lawyer s pos1t1on, and all other like self-laudat1on, offend the traditions and lower the ton� of our pr�fessio� and are reprel1ensible; bu t the customary use of simple . 1Jrofessional cards 1s not improper.
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CANONS OF ETI-JICS. FOR LA WYERS
FORM
43 (A)
Publication in reputable law lists in a manner consistent wit11 the standarus of conduct imposed by these canons of brief biographical and infon11ative data is permissible. Such data must not be misleading and n1ay include only a state ment of the lawyer's name and the naiues of his professional associates; addresses, telep11one num� ers, cable ad ?r �sses; branches of tl1e professio11 practices; date and place of birth and adm1ss1on to the bar; scl1ools attended; with dates of graduation, degrees and other educational disti11ctions; pt1blic or quasi-public : offjces; posts of honor; legal a11thorsl11ps; legal and scientific societies and Ieoal fraternities; the fact of la\v lisi11g i11 ol1er reputable Ia,v lists; tli e names a�cl addresses of references; a"nd with tl1eir written conse11t, the names of clie11ts re gularly represented. A certificate of compliance with the Rules a11d Standarcls issued by the Special Con1mittee on La,v Lists may be treated as evidence tl1at such list is reputable. - - -
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STIRRING UP LITIGATION, DIREC'fLY OR Tl·IROUGlI AGEN'fS
It is unprofessional for a lawyer to volt111teer advice to bring a lawsuit, except i11 rare cases where ties of blood, relationship or trt1st 1nalce it llis dt1ty to do so. Stirring up str·ife and litigation is not only u11professio11al, but it is inclictable. It is disreputable to hunt up defects in titles or other causes of action and report thereof in order to be employed to bring suit or collect judgme11t, or lo breed litigation by seeking out those with claims for personal i11jt1ries or tt1osc l1aving and other grounds of action in order to secure the1n as clie11ts, or t<) employ agents or runners for like purposes, or to pay or rewarcl, directly or indirectly, those who bring or influence t l1e bringing of sucl1 cases to l1is office, or to rc1ntt nerate policemen, court or prison officia.ls, pl1ysicia11s, hospital attacl1es or otl1ers who may succeed, under the guise of giving disinterested frie11clly aclvicc, i11 in fluencing the crimi11al, the sick and the injured, tl1e ig11oranl or others, to seek: l1is professional services. A duty to the public and to the profession devolves 111)on every men1ber of the Bar l1aving knowledge of sucl1 practices tipon tl1e part of a.oy practitioner jmmediately to inforn1 tl1ereof, to the e11d tl1at tl1e offe11der r11ay be disbarred. 29.
UPI·IOLDING HONOR OF TI-IE PROFESSION
Lawyers should expose without fear or favor before the pro1 )er tribt11� als corrupt or dishonest conduct in tl1e profession, and sl1ould accept \V!tl10� 1t l1es1ta tion employment against a n1ember of tl1 e Bar \Vl10 has wro11g� d his cl1c 11t. The _ counsel upon the trial of a cause in whicl1 perjury l1as bee11 comn11tted owe it to tl1e profession and to the public to bring the matter to tl1e k11owled�e of rhe pro�e�ut ing authorities. The lawyer should aid in guardi11g the Bar aga111s� � he a? m1�s1on to the profession of ca11didates unfit or unqualified because def1c1ent 10 either moral character or education. He should strive at all tin1es to 11pl1old tl1e honor and to maintain the dignity of tl1e profession a11d to improve not only the law but th.e administration of justice. 30.
JUSTJFIABLE AND UNJUSTIFIABLE LITIGATIONS
The lawyer must decline to condt1ct a civil cause or to n1alce a d�tense wneii . · · . 1nJtire convi nced that it is intended merely to l1arass or to tl1e oppos1 te party or - 189 -
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, ETHIOPIAN LEGAL FORMBOOK
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to work oppression or wrong. B�t ?therwise it i� his right, a�d,, havin� accepted retainer, it becon1es J1is duty to 1ns1st upon the Judg_ment of the Court as to the leo-al n1erits of his client's claim. His appearance 1n Court should be deemed equivalent to an assertion on his honor that in his opinion his client's case is one proper for judicial determination. 31.
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RESPONSIBILITY FOR LITIGATION
No la\vyer is obliged to act either as adviser o! advocate � or every person who n1ay wish to become his client. He has the right to decline employme� t. Every la,wyer upon his ov,n responsibility must decide what ell!-ployment he will _ accept as counsel, what causes he will bring into C� u� t- for plamtl��' what cases he \Vill contest in Court for defendants. The respons1b1l1ty for adv1smg as to ques tio11able transactio11s, for bringing a questionable transaction, for bringing ques tionable suits, for ttrging questio11able defenses, is the lawyer's responsibility. He cannot escape it by t1rging as an excuse that he is only following his client's i11structions. 32.
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TI-IE LAWYER'S DUTY IN ITS LAS1' ANALYSIS
No client, corporate or individual, however, powerful, nor any cause, civil or political, however in1portant, is entitled to receive nor should any lawyer render ail)' service or aclvice involving disloyalty to tl1e law whose ministers we are, or ciisrespect of tl1e jt1clicial office, whicl1 we are botmd to uphold, or corruption of any person or persons exercising a p11blic office or private trust, or deception or betrayal of the pt1blic. vVhen re11dering any sucl1 improper service or advice, the lawyer i11vites and merits stern and just condemnation. Correspondingly, h.e ad\1a11ces the l1onor of his profession a11d the best interests of his client when he re11ders service or gives advice te11ding to in1press upon the client and his under taki11g exact con1pliance with the strictest principles of moral law. He must also observe a11d advise his client to observe the statute law, thougl1 until a statute sl1all l1a.ve bee11 cor1strt1ed and interpreted by competent adjudication, he is free a11d is e11titJed to advise as to its validity a11d as to what he conscientiously believes to be its j11st meaning and extent. But above all a lawyer will find his highest l1onor in a deserved reputation for fidelity to private trust and to public duty, as ar1 J1onest 1nan a11d as a. patriotic and loyal citizen. --34.
DIVISION OF
FEES
No division of fees for legal service is proper, except with another lawyer, based upon a division of service or responsibility. 35.
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INTERMEDIARY
Tl1e professional services of a lawyer should not be controlled or exploited by any lay agenC)', personal or corporate, which intervenes between client and lawyer. � lawye :'s re �ponsibility and qualifications a .re individual. He should avoid w all relat1011s of in or by duties his of performance the direct 11ch interest the ! _ such 1ntem1ed1ary. A lawyer's relations to his client should be personal, and
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CANONS OF ETHICS FOR LAWYERS
FORM
43 (A}
the responsibility should be direct to the client. Charitable societies rendering aid to th·e indigents are not deemed to be such intermediaries. A lawyer may accept employment from any organisation, such as an associa tion, to render lega� services in a.ny matter in _ which the organisation, as an entity,. is interested, but this employment _ sh�uld _not include the rendering of legal services to the members of such an orgarusat1on 1 n respect to their individual affairs.
36.
RETIREMENT FROM JUDICIAL POSITION OR PUBLIC EMPLOYMENT
A lawyer should not accept ernployme11t as an advocate in a11y n1atter upo 11:
the merits of which he has previo11sly acted in a judicial capacity. A lawyer, having once held public office or 11 aving been i 11 tl1e public employ, should not after his retirement accept employn1ent i r1 connectio11 with any matter which he has jnvestigated or passed upon while i11 such office or employ.
37.
CONFIDENCES OF A CLIENT
It is the duty of a lawyer to preserve his clie11t's confidences a11d extends as well to hls employees; and neither of them should accept employn1ent whicl1 involved or may involve the disclosure or use of these confide11ces, either for the. private advantage of the client, without his knowledge and co11sent, and even though there are other available sources of sucl1 information. A lav1yer should. not continue employment when he discovers that tl1is obligatio11 prevents tl1e perfor111-· ance of his full duty to hls former or to his new clie 1 1t. If a lawyer is accused by his client, he is not precluded from disclosing tl1e. truth in respect to the accusation. Tl1e an1 1ou1 1ced i 1 1tention of a clie11t to cornn1 it a crime is not included witlun the confidences which lie is bo11nd to respect. He may properly ma.ke such disclosures as may be necessary to preve11t tl1e act 01protect those against whom it is threatened. 38.
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COMPENSATION, COMMISSIONS AND REBATES
A lawyer should accept no co111pensation, conlffiissions, rebates or other ad
vantages from others without the knowledge and co 1 1sent of l1 is clie.nt after f11ll disclosure.
39.
WITNESSES
A lawyer may properly interview any witness or prospective witness for � he
opposing side in any civil or C!)p1_inal action witl1out the consen_t of opposing counsel or party. In doing so, .however, he should scrup?lously avoid any sug� es tion calculated to induce the witness to s11ppress or deviate from the truth, or on· the witness stand.
40.
NEWSPAPERS
A lawyer may with propriety write articles for publications in which he gives information upon the law; but he should n� t ac ept e ployment from sucl1 � _ _ � publications to advise inquirers in respect to the1r 1nd1v1d11al rights. - 191 - -
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ETI·TIOl)JAN LEGAL FORMBOOK
41. DISCOVERY OF IMPOSITION AND DECEPTION en practiced, be s ha ion pt c de or ud fra me so t tl1a rs ve co � dis r ye Wl1e11 a law ld endeavor to ou sh he , rty pa a or t ur co e th 11 o up d se · '"" h.1c h I1as t1n1us y 11npo . tl · . . . .ent refu e to forego t he � � 1· ectify it; at first by advising his clie11t, and 1f his. cli ured person or 1n1 the n or1 1nf y ptl rom ld ou sh he d, i11e ga tly s e jus thu tag :r un an ·adv J1is counsel, so that they n1ay take appropriate steps. 42.
EXPENSES
A lawyer n1ay not properly agree with a cli� nt that the lawyer shall pay or _ bear the expenses of litigation; he 1nay 111 good faith advance expenses as a matter ,of convenience, bt1t st1bject to reimbursement. 43.
.APPROVED LAW LISTS
It shall be in1proper for a lawyer to pennit l1is_ nan1e to be publishe� in a Jaw list tl1e co11duct, manage1ne11t or co11te11ts of which are calculated _ or _ likely to deceive or injt1re tl1e p11blic or t11e profession, or to lower the dignity or ,standi11g of the profession.
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"A11d I cl1arged your judges at that time, saying Hear the causes between your brethren, and judge righteously between every man and his brother, and tl1e stra11ger tl1at is with him. ''Ye sl1all not respect persons in jt1dgn1ent; but ye shall hear the small as ,veil as the great; ye sl1all not be afraid of the face of man; for the judgn1ent is God's; a11d tl1e cause tl1at is too l1ard for you; bring it u.nto me, and I will hear ii'', - Det1teronomy, XVI, 19. "We will not n1ake any judiciaries, co11stables, s/1eriffs or bailiffs, but from tl1ose who understand tl1e law of tl1e realn1 and are well disposed to observe it". - Magna Cl1arta, XLV. ''Jt1dges ought to remember tl1at their office is ji,sclicere not jusdare; to inter pret law, a11cl not to make law, or give law''.... to be n1 �re learned than witty; more reverend than plausible; ''Judges ougl1t _ -a11d mor ? ad;,1secl than co1rf1dent. Above all things, integrity is their portio·n and proper v1rtt1e . . .. ''�ati �nce �11d gravity of hearing is an essential part of justice; a.nd an over Jtld _ge 1s no well-tun ?d cymb�l. It is 110 grace to a judge first to find that -spe ak111g _ whicl1 _ l1e_ n11g �t have h �ard m due time from the Bar, or to show quickness of :conceit m c11tt1ng off evidence or counsel too short; or to prevent information by qttestions tl1ough pertinent''.
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CANONS OF JUDICIAL ETHICS
FoRM 43 (B)
"The pla ce of justjce !s a hollowed .p lace; an d therefore not only the Bench, but the foot pace a n� p�ec1ncts an d surprise thereof ought to be preserved without scandal a nd corruption . . .. Bacon's Essay ''Of Judicature''. RELATIONS OF THE JUDICIARY
The assumption of the office of judge casts upon the incumbent dt1ties in respect to his personal conduct which concern his relation to tl1e State and its inhabitants, the litigant � before him, the principles of law, the practitioners of law in bis court, and the w1tnesses and a ttend a nts who aid l1im in the a dministration of its functions. 1
TI-IE PUBLIC INTEREST
Courts exist to promote justice, and thus to serve the public interest. Their administration should be speedy and careful. Every jt1dge shot1ld a t a ll times be alert in his rulings and i n the conduct of the business of the court, so far as he can, to make i t useful to litigants and to the Community. He should avoid un consciously falling into the attitude of mind that the litigants are ma.de for the courts instead of the courts for the litigants. CONSTITUTIONAL OBLIGATIONS
It is the duty of all judges in Ethiopia to support the Etl1iopian Constit11tion and the laws they a dminister; in so doing, they should fearlessly observe ai1d apply fundan1ental limita tions and guarantees.
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AVOIDANCE OF IMPROPRIETY
A judge's official conduct should be free from impro_prjety and lhe �llJpear ance of impropriety; he should. a void infractions of law; an. d his personal be havior etc., not only upon the Bencl1 and in the performance of jt1clicia1 duties, but also in his everyday life, should be beyond reproacl1. !,I
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ESSENTIAL CONDUCT
A judge should be temperate, attentive, patie11t, im1Jartial, a�1d since he is to . administer the l a w and apply it to tl1e facts, l1e sl1ould be studious of the p rin ciples of the la� and diligent in endeavouring to ascertai11 tl1e facts. INDUSTRY
A· judge should exhibit an industry and applica tion com1nensurate with the duties imposed µpon him. •
. PROMPTNESS'
iz gn co re , es ti du l cia di ju s hi of ce an r rfo pe e th n i A judge should be prompt _ 1:Il _ al lack of it ab a t� d an lue � va of � 1s s � ey rn to at d an s g in that the time of litigant · · · e th · · · t1f1es d' of n t1o ra 1st 1n · dm a e th 1 'th · w t· ion ac f · · _1ssat1s pu:nctualrty on h.1s part 1us business of the court. - 193 -
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-----11111111111 ETIIlOPIAN LEGAL FORMBOOK COURT ORGANISATION
A judge should organise the co urt with a view to the prompt and convenient dispatch of its business and he shou!d not tolerate abuses and neglect by cler�, and other assistants who are somet1Il1es prone to p�se�me �oo � uch upon hIS goo d natured acquiescence by reason of friendly assoc1�t1o n w1·t h him. It is desirable to o, where the judicial system permits, that he should cooper ate with other judges of the san1e court, and � other cour� •. as J? embe�s o� a single judicial system, to pro1note the m o re satisfactory adm1n1strat1on of Justice. CONSIDERATION FOR WITNESSES AND 0TH'ERS
A judge sho11ld be considerate the cou1·t.
of
witnesses and
others
in attendance upon
COURTESY AND CIVILITY
A judge sho11ld be courteous to counsel, especially to those �ho are y�u�g a11d inexperienced, and also to all otl1ers appearmg or concerned 1n the adm1n1s tration of justice i11 tl1e co11rt. He sho11Id also require, and, so far as his p ower extends, enforce on the part of clerlcs, co11rt officers and counsel, civility and courtesy to the court witnesses, litigants and o tl1ers having business in the court. '
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UNPR.OFESSIONAL CONDUCT OF ATTORNEYS AND COUNSEL
•
A j11dge sl1ould 11tilize l1is opportunities to criticise and correct unprofessional conduct of attorneys and counsellors, brought to his attention, and if adverse comme11t is not a sufficient corrective, should se.nd the matter at o nce to the proper investigating and disciplinary auth orities.
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APPOINTEES OF TI-IE JUDICIARY AND TI-IEIR COMPENSATION
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Trustees, receivers, masters, referees, guardians and other persons appointed by a judge to aid in the adn1inistration of justice should have the strictest probity and impartiality and shottld be selected with a ,view solely to th.eir character and fitness. The power of making such app ointments should not be exercised by him for personal or partisan advantage. He. should not permit his appointment to be controlled by others tl1an hin1self. He should also avoid nepotism and undue favoritism in his appointments. While not hesitating to fix or approve just amounts, he should be most scru pulous in granting or approving con1pensati on for the services or charges of such appointees to avoid excessive allowances, whether or n ot expected to or complained of. He cannot rid himself of this responsibility by the consent of counsel. . KINSI-IIP OR INFLUENCE
A judge should not act in a controversy where a near relative is a party; he should not suffer his conduct to justify the impression t:hat any person can - 194 -
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CANONS OF JUDICIAL ETHICS
FoRM 43 (B)
improperly influence him or unduly enjoy his favour, or that lie is affected by tl1e kinship, rank, position or influence of any party or other person. ..
INDEPENDENCE
A judge should not be swayed by partisan demand, public clamor or con siderations of be apprehensive of unjt1s·l personal popularity or notoriety, nor • • • cr1t1c1sm. INTERFERENCE IN CONDUCT OF TRJAL
A judge n1ay properly intervene in a trial of a case to IJromote expedition, and prevent unnecessary waste of time, or to clear up some obscurity, but h� should bear in mi11d that his undue interference, impatience, or participation in the examination of witnesses, or a severe attitude on his _part toward witnesses, especially those who are excited or terrified by the unusual circumstances of a trial, may tend to prevent the proper presentation of the cause, or the ascertain ment of the truth in respect thereto. Conversation between the judge and counsel in court is often necessary, but the judge should be studious to avoid controversies which are apt to obscure the merits of the dispute between litigants and lead to its unjust disposition. In addressing counsel, litigants, or wit11esses, l1e should avoid a controversial n1anner or tone. He should avoid interruptions of counsel in their arguments except to clarjfy l1is mind as to their positions, and be should not be tempted to tl1e unnecessary djsplay of learning or a premature judgement. EX-PARTE APPLICA1'JONS
A judge should discourage ex parte bearings of applications for ii1jt1ctio11s and receiverships where the order may work deterin1ent to absent parties; l1e shoulcl act upon such ex parte applications only where tl1e necessity for qt1iclc action is clearly shown; if this be demonstrated, then he sl1ould endeavor to counteract the effect of the absence of opposing counsel by a scrupulous cross-exan1ination and investigation as to the facts and the pri11ciples of law 011 wl1ich the applica tion is based, granting relief only when fully satisfied that the law permils it ancl the emergency demands it. He should remember that an injunction is a limitation upon the freedom of action of defendants and should not be granted lightly or inadvisedly. One applying for such relief must sustain the burden of sho,ving clearly its necessity and this burden is increased in the absence of the party whose freedom of action is sought to be restrained even though only temporarily. EX-PARTE COMMUNICATIONS
A judge should not permjt private interviews, arguments or communications designed to influence his judicial actjon, where interests to be affected thereby are not represented before him, except in cases where provision is made by law for ex parte application. While the conditions under which briefs of argt1ment are to be received are - 195 -
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OK ETIDOPIAN LEGAL FORMBO t pe rm it the c�nte n� ld ou sh he e, tic ac pr or �ts of e l ru largel)' matters of local g sm �. se po un op om co fr manly all rd d O �e ea nc �o be to im _ h to d te such brief pre se n e d or calculated to influence acti· d ten n i e dg Ju e th to l on . t·ions of counse com111un1ca l. se n u co g n si o p p o to n w o should be made kn
CONTINUANCES
on e m m us ca �o a o� comp�aint; is e ic ?t ju of n �io ra ist in m . ad e tll Delay in ou e, th t being arbitr ary dg wi Ju A y la de is th � fo le sib n o sp re tly eil _. couilsel are frequ ed ar en ep pr wh to l un t ria the to y stl Ju de tri n u or ly 1ab o1 as e r u s n e s ca ng rci fo or to a pro�r appreciatio_n of �l ns co� ld h? to or av e d n e ll we y ma s, ment of partie e n ts, the dISpatch of bus me ss cli n ow ir he t to st, e r e t i n c bli pu the to their duties before the court. JUDICIAi� OPINIONS
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In disposing of controverte d cases, a judge s�ould indicate the reasons for his action in a11 opi 11ion sl1owing tl1at he has not disregarded or overlooked serious ;.1rgt1me11ts of counsel. I-le t11us shows l1is ft1Il understanding of the case, avoids tl1e s1-zspicio11 of arbitrary co11clt1sion, promotes confidence in his intellectual in tegrjty a11cl n1ay contribute t1seful J)recedent to the growth of the law. It is clesirable that Cot1rts of Appeals in r e versing cases and granting new trials shoulcl so iudicate t11eir views on que stions of law argued before them and 11ecessaril:y arising in Ll1e controversy tl1at upon new_ trials counsel may be aided to avoid tl1e repetition of erroneo11s positions of law and shall not be left in doubt by tl1e failt1re cf the court to decide s11ch questions . It is of l1igh i1nporta11ce that judges con stituting a court of last resort sh.1uld use effort arid self-restrair1t to promote solidarity of conclusion and the conse q11ent infl;1e11�e o� ju?icial d�cision. A judge sl1ould adopt the usual and expected 111ethocl or do111g 3ust1ce, _and not seek to be extreme or peculiar in his judgments, o: sp ?tac�ilar or . sensa!1?nal in t�1e con duct of the · court. Though vested with � discretion in the 11npos1t_1on of 1n1ld or severe sentences he should not compe l persons ?�ought. before l11m 1? sl1b111it to son1e hu miliating act or discipline of his own d�visi�g, without a11thor1ty of la\V, because he think i wi ha a beneficial s t ll ve · · cor,rect1ve influence. · In. imposiiig sentence he should e11deavor to conform to a reasonable standard of p u111 sl�en t and should no t seek po pularity either by exceptiona·l severit y or und. ue 1 en1ency. . •
REVIEW
. . In orde r that a litigant � a . . � secure the full benefi t of the right of revi ew accorded to J1im · by · 1aw, a trial JUdge ed h ea t s ou f Id : de he o t �cruJ?ulously t gr3:nt party opportun ity to pre sen t . . tl le . qu e� _ t ion � ar1sm_g. up on t he tr1�l exactly as t�e� arose, ere presented, and d � ecid. e d, by full and fair ·b:ill a11y failure in this regard of exceptions or otherwise, .i on t11e par t of t h_e JU . on c f · d ge ·1s peculiarly · d�mnat1on bep_ause the w r o wor th y o 11 g done m a y b e ·irreme diable. : . - .. · . - 196 -
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CANONS OF JUDICIAL ETHICS
FORM
43 (B)
LEGISLATION
. A judge has exceptional opportunity to observe the operatio11 of stat11tes, especially those relating to practice, and to ascertain whether they tend to impede the just disposition of controversies; and he n1ay well contribute to the public interest by advising those having authority to remedy defects of procedure, of the result of his observation and experience. ·· INCONSISTENT OBLIGATIONS
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A judge should not accept inconsistent duties, nor incur obligations, pecu niary or otherwise, which will i n any way interfere or appear to interfere with his devotion to the expeditious ·ancl. proper administratio11 of his official fun , ctions. . BUSINESS PROMOTIONS Ai.�D SOLICI"fATIONS FOR CfIARITY
A judge should avoid givi11g ground for any reasonable suspicion that he is utilizing the power or prestige of his office to persuade or coerce others to patron_ize or contribute, either to the success of private business vent11res, or to charitable enterprises. He should, therefore, not e· nter into sucl1 private busi11ess, or pursue such a course of condu_ct, · as would j11sti£y such suspicion nor 11se the power ,of his office of the influence ·of his nanie to promote the business interests of others; he should not solicit for charities, nor should be enter into a11y business relations which, in the normal course of events reasonably to be expected, migl1t bring his personal interest into conflict \vith the impartial perforn1a11ce of his official duties. PERSONAL INVESTMENTS AND RELATIONS
A judge should abstain from making i11vestments in e11terprises whicl1 are apt to be involved in ljtigation in the· court; and, after his accession to tl1e Bench, he should not retain such investments · previously made, longer tl1an a period sufficient to enable him to dispose of th.en1 witl1out serious loss. It is desirable tl1at he should, so far as reasonable, refrain fron1 all relations whicl1 \1/011ld no11nilly tend to arouse the suspicion. that st1ch relations ,varp or bias his j11dg1nen1. or prevent his impartial attit11de of mincl in the adn1i11istration oC l1is judicial dl1ties. He should not utilize information con1ing to him in a judicial capacity for p·urposes of speculation; and it detracts fron1 tl1e p11blic confidence i11 l1is integrity and the soundness of his judicial judgme11t for hi1n at any tin1e to become a speculative investor. EXECUTORSJ-lfPS AND ThUSTEESl·IIPS •
.
While a judge is not disqual.ifiecl from l1oldi11g executorsl1ips or trustee�l1ips. he should not accept or continue to hold any fiduciary or other position if the holding of it would interfere or seem to interfere witl1 the proper perfo�n1a ?ce_ of his judicial duties, or if the business interests of those represented requ1r � invest ments in enterprises that are apt to come befor l1im j11diciall)1 , or to be 1nvc)lved in questions of law to be determined by him. - - - 197 -
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ETHIOPIAN LEGAL FoRMBOOK
GIFTS AND FAVORS
A judge should not accept any presents or fa_vors from lit�gants, or from lawyers practising before him or from others whose interests are likely to be submitted to rum for judgment ! A
SUMMARY OF JUDICATJ OBLIGATION
In every particular his conduct should be �bove reproach. _ He s�ould be _ conscientious, studious, thorough, courteous, patient, punctual, Just, 1mpart1al, fearless of public clamor, regardless or public praise, and indifferent to private political or partisan influences; he should administer justice according to law, a11d deal with his appoint1nents as a public trust; he should not allow other affairs or his private interests to interfere with the prompt and proper perforrnance of his judicial duties, nor should l1e adminiser the office for the purpose of advancing l1is personal ambitions or increasing his popularity. IMPROPER PUBLICIZING OF COURT PROCEEDINGS
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Proceedings in court sl1ould be conducted with fitting dignity and decorum. Tl1e taking of pl1otograpl1s in tl1e court room, during sessions of the court or recesses between sessions, a11d the broadcasting or televising of court proceedings ,tre calct1lated to cletract from the essential dignity of the proceedings, distract the 'vvit11ess in givi11g his testimony, degrade the court, and create misconceptions witl1 respect thereto in the mind of the public and should not be pe1111itted. CONDUCT OF COURT PROCEEDINGS
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Proceedings in court should be so conducted as to reflect the importance �1nd seriousness of the inquiry to ascertain the truth. Tl1e oath sl1ould be adn1i11istered to witnesses i n a manner calculated to impress them \Vitl1 the in1portance and solemnity of their promise to adhere to the trutl1. Each witness sl1011ld be sworn separately and impressively at the bar or t �e . court, and the clerk should be required to make a forrr1al record of the adm1n1stration of the oath, includi11g the name of the witness. EDITORIAL NOTE
Ca�on Lav, is tl1at body of churc_l1 or ecclesiastical Jurisp rudence. See Form A Canon i_s also a general rule of doctrine or discipline. Canons would be the syst 23. or em aggre�at1on of tl1es_e �orrelated. rules of doctrine and discip line. The above m the Canons of Pr_of�ss1onal Ethics J:or Lawyers, Form 43 (A) and Judges, Fo excerp ts fro rm 43 (B) and tl1e. Oat_ h of A_dn11ss1on to t!1e Practice of La\v, Form 42 (C) were pre ar ·at p ed by th Im Eth1_op1an Inst_1tu�e of Public Administration i 11 1958 and r�comrn · . p en Me. end ed t O th e .1n1str y 0f Justice of Etl11op 1a. Althot1gh tJ1ese Canons of I�egal Etl1ics l1ave no t as y et · b d a Le al N ti ?r Ru�e_of Court, they have been relied up on and quoted with :��r�!�f by ��op fan· Ju�g� · : 1n dect 1ng case s. d
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INDEX
· - 199 - -
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INDEX 'I
ADDIS ABABA, PARKING REGULATIONS ... ...
... ... ... For1n 16
ADMINISTRATION OF JUSTICE PROCLAMATION OF 1942 ...
Forn1 2
ADVISORY OPINION, INTERNATIONAL COURT OF JUSTICE
Form 33
ADVOCATES Discipline ... ... ... .. . . .. ... ... ... . .. ... ... . .. Form 19 (B) ... ... ... ... ... ... ... ... ... ... ... ... ... F orn1 19 (B) Fees Registration of ... ... ... ... .. . ... ... ... ... . .. ... Fonn 19 (B) . .. . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . Fo1·m 41 AFFIDAVIT AIDE MEMOIRE In General ... • • • • • • • • • • • • . . . .. . ... .. . . .. .. . ... Between Ethiopia and Somalia .. . . .. ... . . . ... ... ... ...
Forn1 29 For1n 29
... . .. ... ... .. . . .. ... For1n 13 . APPEAL AGAINST CONVICTION AND SENTENCE . . . .. . . . . For1n 36 ANNOUNCEMENTS
•••
•••
•••
APPEAL, MEMORANDU M OF ... ... ... .. . .. . ... . . . ...
Form 36
APPELLATE COUNCIL ... ... ... ... ... ... ... ... ... ... For111 23 APPOINTMENTS
• ••
•••
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. ..
...
...
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ARBITRAL TRIBUNAL . .. . .. ... .. . .. . . .. . .. . . .
...
.. .
. . . . ..
'"
f o1..111
13
Forn1 33
ARBITRATION .. . .. . ... ... ... ... ... ... ... ... ... ...
1=-orm 18, 33
ARMY ACT
F or111 4- (D)
AWARDS
... ... ... ... ... .. . ... ... ... . .. ... ...
... ... ... ...
... ... ... ... ... ... ... ... ...
BERHANENA SELAM ... . .. ... ... .. . .. . ... ... ... .. . BI-LATERAL TREATY ... ... ... ... ... ... ... ... ... ... BUDGET
• ••
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...
...
...
...
...
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.. .
...
...
...
Forn1 13,18,20, 33 Forrn 4 (A) For1n 2�,(1-\) Fo1·111
14
CANONS Judicial Ethics ... ... . .. ... ... .. . ... ... ... ... ... Form 43 (B) Professional Ethics for Lawyers ... .. . ... ... ... ... ... Forn1 43 (A) CANON LAW In General ... ... ... ... ... .. . ... ... ... Fetha Negast .. . ... ... .. . C.E.L.U. • •• • •• . CENTRAL ELECTORAL BOARD
... . .. ... ... ... ... ... ... ... ... ... ... ... ...
Form 1 Forn1 23
... .. .
Form 20 (B) Form 20, 20 (A)
... ... ... ... ... ... . .. ... ... ... ... . · · - 201 -
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ETI-IIOPIAN LEGAL FoRMBOOK
,CHAMBER OF DEPUTIES ... •• • • Elections Private Men1bers' Bill •• • •
•
•••
•• •
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• ••
• ••
•••
• ••
•••
•• •
•••
• ••
•• •
•••
•••
•••
• ••
• ••
•• •
•• •
• ••
• ••
•• •
• ••
• ••
•••
Form 32
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•••
Form 23
CHARTER (UNITED NATIONS) ...
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•••
Form 21
CITIZENSHIP, RENUNCIATION OF FOREIGN
•••
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•••
Form 41
CIVIL AVIATION Decree .. . • • • Orcler . . . . . .
CHURCH COURTS
•• •
,CIRCULAR LETTER
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Form 8 For1n 11
CLA.l]\1S COMrv1ISSION . . . ...
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...
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...
.Form 33
. .. ··· .. . ... . .. .. . . ..
. .. ··· ... . .. ... .. . ...
... _ ··· ... ... . .. ... ...
. .. ··· ... ... . .. .. . ...
... ··· ... .. . ... ... .. .
... ··· .. . .. . . .. .. . ...
.. . ··· . .. ... ... . .. ...
Form Form Forni Form Fo1111 Form Form
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CODE
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Form 20(A) Form 5 (D )
•• •
. .. .. . 111 General . .. ... Civil ... ... ... ... ... ··· Civil Proced11re ... . .. ... ... Codificatio11 Co1nmission Report Comn1ercial ... .. . . .. . .. ... Co1n1nittee l'-Totes . . . ... .. . ... Criminal Procedure .. . . .. ... Imperial Code ·... . .. ... ... I111perial Codification Conunission Iv1ari tin1e .. . ... ... ... . .. Penal .. . . . . . . . . . . . . . . . . .
. ..
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. . . .. .
. ..
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... ... . . . ... . .. ... ... ...
,coivfMENTARY
...
6 6 6, 19 6 (B) 6 6 (B) 6 . . . . . . . . . Fo1n1 I .. . .. . ... Form 6 (B) ... ... .. . Farm 6 .. . . . . . .. Form 6 (A) ... ... ... Fo11n 40(C)
... ... ... ... ... ... ... ... COMMISSIONS OF INQUIRY . .. . .. . . . . . . ... ... . .. . .. COMPACT .. . ... ... ... . .. ... ... ... ... ... ... ... ... COMPROMIS • • • • • • • • • • • • • • • • • • • •• • • • ••• • •• . .. CONCESSION, BETWEEN ETHIOPIA AND GEORGE WIL LIAM LAN"E .. . . .. . .. .. . .. . . . . ... . . . ... . .. ... ••• • •• . ,. ,coNCILIA fION COMMISSION ... ... ... ... ... ... ... ... ·CONFEDERATION OF ETHIOPIAN LABOUR UNIONS . . . ... •
•
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•
• � •
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For111 33 Form 24 Form 33 Form 31 For1n 20 (B)
Form 20 (B) ·CONNALLY RESERVATION OR AMENDMENT ... . ... .... ... Fo11n 33 ,. CONSOLIDA fION OF THE LA·Ws · ... · · ·... ... ... . .. ... ... Form 2 • • CONSTITUTION Amendment .. . .. . ... .. . . . .. . .. .. .. .. . ... ••• • •• ••• ... Form 3 •
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INDEX
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... . .. ... .. . ... . . . . . . ... .. . . ... Ethiopian . . . . . . . . . . .. . . . . . . . • • • . • • • . . ion Un r ... , iu Labo Law Students' Association of Haile Sellassie I University Revised Constitution of Ethiopia of 1955 ... ... ... ... . .. . . .. . .. . . .. .. . .. ... sovereign Constitution coNV E.NTION .. . ... ... ... . ... .. . . .. . .. . .. ...
coUNCIL OF APPEAL .. . ... ... . . . COUNCIL OF MINISTERS, RULES OF COURT OF INQUEST ... ... ... ...
... . .. Fonn • • • • • • -Fo rm .. . ... Fom1 ... ... Form . . . ... Form
3 3 3 (B) 3 3 Fonn 24
... ...
.... . . .. ... ... . . . ... Fonn ... .. . .. . ... ... ... .Form ... ... .. : ... ... ... Form coUR T OF INQUIR y ... ... .. . .. . ... ... ... ... ... ... Forn1 COURT MARTIAL · · · · · · · · · · · · . ·. ... ... . .. . . . . . . . . . Form · ... ... . . . . . . . . . . . . S . . . N IO . . . . .. .. . . .. Form COURT OPIN OF COURT PROCEDUR. . ' 1943 .. . . .. . . . .. . . . . . .. Form . . E RULES 1
COURT, RULES OF . . . . ..
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. .. . .... ,.. . . .. . ...
CURRENT ISSUE ... . .. . ... ·...
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. .. ... . .. ...
23 15 (B) (2 ) 4(D) 4 (D)
4 (D) 17 19 (A)
Form 19
... .. . . . . . .. .. . ...
Form 4-0 (B)
DECISION ... .. . • • . .. ... ... ... ... ... ... ... ... ... . ..
Farin 20, 33
DECREE In General .. . ... ... Amendment ... ... ... .. .. . . . ... Approval Civil Aviation ... .. . Disapproval ... ... · . .. Notice of Approval . . . Notice of Disapproval .. . Table of Analysis ... · ...
.. . ... ,: ... . .. ... .. . ... ...
.. . ... . .. ... . .. .. . .. . · ...
. .. ... .. . ... . .. ·... · · ... . .. ..
DISTRICT COURT-MARTIAL • • • • • • DIVORCE . . . . . . . . . . . . . .. .. . .. . . . .. DOMESTIC LAW FORMS Appointment of Vice-Minister of War Arbitration ... ... ... ... ... . ... Arm.y Act .. . ... . .. ... . . . .. � ... Awa.rd .. . . . . ... ... ... ... .... Bill . . . . . . . . . . . . . . . . . . . . . . . . Buildin g Materjals Excise Tax. Decree Canon Law ... ... ... . .. .... . .. · · en ra C t I Electoral Board Dec1s1on ... 4
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.. . ... . .. . .. ... ... .. . ...
... ... ... . .. ... ... ... .· ·
.. . ... ... .. . .. . ... ·. · ·· ·
. .. F'orrn 2,8, 12, 13 ... Fo1n1 9 ... Forn1 8 ... For1n 8 . .. Fonn 8 . .. Fon-a 9 · · · For1n 10 · · · For1n 8
Form 4 (D)
... ... . .. . . . . . . . . .. .. . . . . . . . . .. . .. .. .
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... . .. . .. . · · ... . .. • • • • . ... . .. •• • • . .. . .. ... . .. ... .. . ... ... ... ... .. . .. . .. . •
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... ... ... . .. ... .. . . .. .. .
Form 18, 23
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.. . .. . . .. ... . .. ... ... ...
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Form Form Form Form Form Form Form Form
13 18, 33 4 (D) 20, 33 5 (D) 10 23 20 (A)
OOK ETlIIOPJAN LEGAL foith-1B •• •
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Church Law ••• •• • • • • • •• ••• ••• ••• ••• •• • ••• • • •• • • • • •• • , ... ' Circular Letter . .••• ••• , ' • •• • •• ••• . . • • • . • • • • • • • • • • • • • • • • Civil Aviation •• • •• • •• ••• • •• ••• •• • • • • • • • • • • . . . ••• ••• ••• Code •• • •• • ••• • •• •• • •• • •• • •• • • • • Report Code Commission ••• •• • ••• •• • •• • • • • • • • • • • of Council of Ministers, Rules •• • •• • • •• ••• ••• •• •• • • • • • • • • • • • • • • • • Constitution • . ••• • • • • • Constitution of Ethiopia ••• ••• ••• ••• ••• ••• • • . ' ••• •• • • •• • •• •• • • • •• • • • • • • • • • • • • • Inquest Court of • Court of Inquiry • •• ••• •• • • ••• ••• ••• ••• •• • •• • ••• ••• ••• • •• ••• •• • ••• ••• ••• ••• ••• ••• ••• Cot1rt-Martial Court Procedure Rules of 1943 ••• ••• ••• ••• ••• ••• • •• ••• Ct1stoms Duties - General Regulations ••• ••• ••• • •• •• • •• • •• • •• • •• • ••• ••• ••• ••• •• • ••• • •• ••• ••• Decision Decree •• • • • • •• • • • ••• ••• •• • ••• ••. • • •• . •.• •' , •..•• ••• District Cot1rt-Martial ••• ••• ••• ••• ••• ••• •• • ••• ••• • •• Ecclesiastical Law ••• •• • • •• ••• ••• ••• ••• ••• ••• • •• ••• • •• ••• • •• ••• ••• • •• • •• ••• ••• Eritrea11 La\v •• • Faculty of LaV11 ' l-1aile Sellassie I University, Regulations and Rules ••• ••• ••• ••• ••• ••• ••• ••• ••• ••• •• • ••• ••• Federal Law • • • . .. ••• ••• • •• ••• ••• ••• ••• ••• • •• • •• Feel era I Supreme Imperial Court Judgment ••• •• ••• ••• •• • ••• •• • ••• •• • • •• ••• ••• •• • •• • ••• •• • Fetl1a Negast ..., Field General Court-Martial ••• ••• ••• ••• ••• ••• ••• • •• Foreig11 Investment Enco11ragen1ent ••• ••• ••• ••• ••• ••• ••• General Not.ice ••• ••• • •• ••• ••• ••• ••• ••• ••• ••• • •• Ge11eral Regula tio11s ••• ••• ••• •• • ••• ••• ••• ••• ••• ••• ••• • •• • •• ••• • •• ••• Golden Edict • •• ••• •• • ••• ••• Governrnental Rules •• • • •• • •• • •• ••• ••• ••• ••• ••• ••• High Court J udginent. ••• ••• • •• ••• ••• ••• •• • ••• •• • •• • Highway Re11ovation Expenditure Decree ••• ••• • •• ••• •• • ••• Historic Law •• • ••• ••• • •• ••• ••• ••• ••• ••• ••• Imperial Arn1y Act ••• ••• ••• ••• ••• ••• ••• ••• . •••• ••• ••• Imperial Law ••• ••• • •• ••• • •• ••• ••• •• • • •• ••• Imperial Prono1111ceme11 t ••• ••• ••• • •• ••• ••• ••• ••• • •• Isla1nic Law ••• ••• ••• ••• • •• ••• ••• ••• ••• ••• • •• •• • Judgment ••• ••• ••• ••• ••• ••• •• • • •• ••• •• • ••• ••• Labour Relations Board, Decision ••• ••• ••• • •• ••• ••• ••• Labo11r Relations, Rules and Regulations ••• ••• ••• ••• ••• • Law Ill General ••• ••• ••• • •• ••• ••• ••• ••• ••• ••• ••• Law Reporter • •• ••• ••• ••• ••• ••• ••• ••• ••• ••• ••• • ••
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INDEX
Law Students' Association of Haile Sellassie I stitution . .. . .. .. · ... . . . ... ... . .. Legal Notice ... ... ... .. . . . . . . . . . . . . . Liga.ba . .. . . . · · · · · · · · · .. . . . . . . . .. . Local LaW . . . ... ... .. . .. . ... .. . .. . .. . . .. .. . . . . . .. .. . ... Military Law Ministry of Justice, Circular Letter .. . .. . .. . Mohammedan Law ... ... . .. . .. . .. ... Municipal Law .. . .. . .. . . .. . .. . .. . .. Muslim Law .. . . . . ... .. . . .. . .. . .. . .. Naiba Council ... ... ... ·. ... .. . ... . .. Nationality Law of .1930 ... ,... ... ... • • • Negarit Gazeta ... ... .. . ... .. . . .. • • • Non-Governmental Constitution ... . .. • • • Non-Governmental Rules or Regulations ••• Notice ... ... ... ... • • • • • • • • • • • • • • • Notice of Approval ... • • • • • • • • • • • • • • • Notice of Disapproval ... • • • • • • • • • • • • • • • Order ... ... ... ... • • • • • • • • • • • • • • • Parking Regulations of Addis Ababa ... • • • Parliamentary Law • • • • • • • • • • • • • • • • • • Penal Code ... ... • • • • • • • • • • • • • • • • • • Penal Code Commission Report • • • • • • • • • Penal Code Committee Notes ... • • • • • • • • • Proclamation • •• ••• ••• ••• •• • ••• ••• Proposed Private Members' Bill ... ... ... Registration of Advocates Rules of 1952 . . . ... Regulations ... ... . .. .. . . .. . .. .. . . .. Regulations and Rules - Non-Governmental R uJes . . . . . . . . . . . . . .. . . . . . . . .. . .. Rules of Court ... • • • • • • • • • • • • • • • • • • Senate Committee Report ... • • • • • • • • • • • • Senate Debate Minutes • • • • • • • • • • • • • • • Senate Rules and Procedure ... • • • • • • • • • ... • • • • • • • • • • • • Sovereign Constitution •
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University Con... . .. . .. . .. . . . .. . . .. . .. ... ... . . . . .. . . . .. . . . . ... .. . . .. ... . .. ... . .. .. . ... .. . . .. ... ... . .. ... ... ... ... ... . .. ... . .. . .. ... ...
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ECCLESIASTICAL COUNCIL ECCLESIASTICAL COURTS ... ECCLESIASTICAL LAW ••• ELECTION S ... • • • • • • • • • ELECTORA.L LAW ... • • • • • •
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Forn1 Form Form Form For1n Fo1111 Form Form
3 (B) 12 15 (B) (1) 16 4 (D) 21 22 16 22 22 4 (A) 2 3 (B) 15 (C) 14 9 10 11 16 5 6 (A) 6 (B) 6 (B) 7 5 (D) 19 (B) 15 15 (C) 15 19 5 (C) 5 (B) 5 (A) 3 (A)
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ETI-IIO PIAN LEGAL
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EXCHANGE OF NOTES · · · ·· · · · · · · · · "'· · · · · · · · · · · . . . . . . . . . . . In General . Between Ethiopia a11d the. United. States of America .. . ... FACULTY OF LAV./, I-IAILE ·sELL'ASSIE I UNIVERSITY . . . REGULATIONS ·· ... · .. . . . . . .. . . . · -· · · · ··· · · · · · · .
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. . . . . . . . . . . . · · · · · · · ·· · · · · H T · A · O 'S R O R E EMP · ······ ... ···· ·· ·· · · · ·· · . .. . ' : N IO T : A R .. ERITREAN FEDE · ··· · ... , . . . ... .. . .. . . . . · · · · . · · .. · .. · · · · · · · W A L N A E R IT ER . . . . . . .. . . . . . · · · . · · · · S · T R U O ETHIOPIAN CHURCH C . . .. . • •.. . . . . ... . . . . . . S T R u o c · IC M /-\. L IS N A PI ETHIO · · ·. · · .. · · . . · · · · · · H . C R U H C .. X (? D O H ETHIOPIAN ORT . .
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. . . Form 2 5 ... Fonn 25 · ·· Fonn 15 (C)
·· · · · · Form 4 (E) FEDER,«\L Lft� W . . . . . . . . . . .. . . . . . . . . . . .. . . . .. ... . .. . . .. . Fonn 4(E) FEDERATIOl\T OF· E1\1PLOY.ERS OF ETHIOPIA ·.. . . .. · · ... . .. Form. 20 (B) .
FEDERAL ACT .. . . . . .. .
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FE.DERATION OF ERITREA WITI-I ETHIOPIA. . . . ... ... ... Fonn 4 (E) ... ... "
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GENERAL ASSEMBLY . . . . . . .. . .. . ... ... ... ... ... ... Form 32 GENERAL COURT-MARTIAL . . . ... ... ... ... . .. . .. ... form 4( D) GENERAL NOTICE . .. . . . ... ... ... ... ... . .. . .. .. . . . . Form 2, 12 , 13 . GENERAL REGULATION . .. • • • • •• ••• Form 15 • • •• • •• • •• GOLDEN EDICT . . . . . . . . . . . . . . . •• • • • • • • • Fonn 4 ( B) ••• • • •• GOOD OFFICES • • • • •• • • • • •• • •• •• • Form 33 ••• • •• ••• • •• GOODWILL MISSION JOINT COMMUNIQUE ... . .. ... ... Form 30 GOVERNMENT REPORT • • • •• • • •• .. .. ... .. . .. . ... ... Form 3 4 . ' . GOVERNMENTAL R U L E S · · · ··. .. . ... ... ... . . . ... ... Fonn 15 (B) • HAGUE CONVENTION ... . .. . .. . .. ••• • •• ••• •• • • • • • •• Form 33 .. • HEADNOTE . . . . . . . .. . . . . . . .. .. . . . . . . . . . . . . . . . . . . . Form 17 HISTORIC LAW Canon ... •• • • •• • • • ••• . .. �... ... • • • • • • • • • • •• • •• Form -1 •
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INDEX
· · · ·· · fetba Negast Imperial Code ... ... .. · . · · I mperial Law Imperial P ro nouncement Musli m · · · · ·· · · · · · · Ro man ... · · · · · · · · · ... . · · Selestu Meeti Three Hundred Sages ... . . . T C Y A M R A L RIA E P M I
· · · . .. .. .. • • • • • • .. . .. . ... ... ... · · · • • • · · · .. · · · · · ... ... . ... ... · · · ••• ••• •• • · ·· ··· ·· · · · · • • • • • • • • • ••
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IMPERIAL C O D E .. . ...
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IMPERIAL LAW
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INTERNAL PROCEDURES AND PRACTICES
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INTERNATIONAL AGREEMENT Between Ethiopia and Sweden ... ... ... . .. ... Memorandum of Agreement . . . . . . . . . • • • • • • . .. . .. . . . . .. • • • • • • • • • • • • . . . Protocol
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INTERNATIONAL ARBITRATION ... .. .
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. . . Form 33
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INTERNATIONAL COURT OF JUSTICE, ADVISORY OPINION Form 33 INTERNATIONAL LAW FORMS . . . • •• • •• ••• • •• Advisory Opinion Aide Memoire ... • • • • • • • • . . . • • • • • • Bi-lateral Treaty . . . ... . . . • • • • • • • • • • • ... ... .. . ... ... ... • • • ... Compact Concession . .. ... ... • • • • • • • • • • • ... Convention ... ... . .. .. . ... ... ... ... Exchange of Notes ... ... ... . .. ... . .. International Agreement ... ... . . . ... ... Joint Communique ... ... ... .. . .. . ... Memorandum of Agreement or Understanding Multi-l_ateral Treaty .. . . .. ... .. . .. . . . . Pact .. . ... . .. ... . .. ... . . . .. . ·. . . ••• • Protocol .. . • • • .:. ... ... • •• ••• •• • Treaty ... • • • • • • • • • • • • • • • • • • • • • ... • • ••• Trusteeship Agreement . :. • •• ••• • •• ••• •
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ISLAMIC LAW In General
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... . .. .. . Form 22
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Form 17
JUVENILE DELINQUENCY REPORT
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Muslim · · · · · · · · · · · · · · · · · · · · · · · · · · · Rom.an · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · · · · LAW JOURNAL LAW REPORT.ER - NEGARIT GAZETA . . . ' EVI EW · · · · · · · · · · · · · · · · · · · · · . .. LAW R
LAW OF THE KINGS . .. ... .. . . .. . .. . .. · · · · · · · ·. . . . ... .. . LEADING ARTICLE LEAGUE OF NATIONS ... ... ... . . . ... .. . LEGAL NOTICE . · · · · · · · · . . . . . . . . . . . . LEGAL PERIODICAL . . . . . . ... . .. LEGISLATION ... . . . . .. ... ... ...
LIGABA LOCA L LAW
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· · · ·. · . .. .. . Form 1· , 22 · · · · . . . . . . . . Form ·1 ... . . . .. . ... Form 40 .. . . . . ... .. . Form 2 .. . ... ... ... Form 40 . .. . . . ... . . . Form 1 ... ... . .. ... Forn1 40 (A) .. . . . . ... ... Form 33 . .. ... ... . . . .. .
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.. . . . . . .. ... MEDI ATION MEMORANDUM OF AGREEMENT, BETWEEN ETHIOPI A AND S UDAN .. . .. . ... ... . . . . . . ... .. . . .. . . . . .. Form 27 MEMORANDUM OF APPEAL . . .
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MEMORANDUM OF LAW ...
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MEMORANDUM OF UNDERSTANDING MILITARY LAW
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MINISTERIAL RESPONSIBILITY
.. . For111 27 ... Fo1n1 4 (D)
... ... .. . . . . . . . . . . . . .
MISCE'LLANEO US LAW FORMS Admjssion to Practice Law, Oath . . . . .. Advocates' Pr ofessional Ethics ... .. . ... Affidavit ... . .. . . . . . . .. . . .. ... Allegiance Oath . .. .. . . .. .. . ... · · · Appeal Against Convicti on and S entence A ppeal Memorand um . .. .. . .. . . . . . · · Ca non . . . . . . . . . . . . . . . . . . . . . . . . . ber of Deputies Electio11 Report . .. Cha m Citizenship Renunciation . .. . . . . - · • • Commentary .. . ... ... . . · · · · . .. •
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42 (C) 43 (A) 41 42 (B) 36 36 43 34 41 40 (C)
ETHIOPIAN LEGAL FORMBOOK
Coronation Oath • •• . . . ·- · . • •• ••• ••• Court-Martial Oath . . . • •• ••• ••• ••• ••• ••• • •• •• • ••• • •• Current Issue Election Report •• • ••• •• ••• ••• ••• ••• Emperor's Oath ••• ••• •• • • • •• • • •• • • • • • •• Letter Expropriation Opinion Foreign Citizenship Renunciation ••• •• • Gover11ment Report ••• •• • • •• ••• ••• Judicial Etl1ics • •• . . . . . . ••• ••• ••• Juvenile Delinquency Report •• • . . . ••• Law Admission Oath ••• . . . •• • ••• ••• Law Journal • •• • •• ••• • • • . . . ••• ••• Lav-1 ivicmorandum . . . . . . ••• ••• ••• Law Review • • • ••• •• • ••• • • • ••• • •• Lav,yers' Professional Etl1ics . . . •• ••• • • • • • • • ••• Leading Article . . . ••• . . . ••• ••• ••• •• • Legal Periodical ••• l\1iale Juvenile Delinquency Report •• . . . Memorand urn of Appeal . . . . . . ••• ••• Men1orandum of La,v . . . ••• ••• ••• ••• Tvfunici1Jai Tax Iv1emorandtim ••• ••• ••• . . . ••• ••• ••• • •• ••• ••• • • Oath Official Government Report . . . . . . ••• Official Private Report . . . •• • ••• ••• Opinion Letter . ' . . . . . . . . . ' . . . • •• Practice of Law Oath ••• . . . . . ' ••• ••• Professio11al Etl1ics for Judges ••• •• • . . . Professional Ethics for Lawyers ••• ••• Record . . . •• • • •• ••• ••• • •• ••• ••• Renunciation of Foreign Citizenship ••• Report (Official Government) ••• ••• ••• Report (Private) ••• ••• • •• ••• . . . ••• Tax Memorandum • • ••• ••• ••• . . . Transcrjpt ••• . . . ••• ••• • • • ••• ••• Trial Record •• • ••• . . . ••• ••• ••• •
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MINISTERIAL CIRCULARS
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M OHAMMEDAN COURTS ... .. . ... ... .. . ... . .. ... ... Form 21, 22 ... .. . ... ... ... ... . .. ... Form 24 (A) MULTI-LATERAL TREATY MUNICIPAL LAW .. . . .. .. . . · . .. · ... ... ... . .. ... ... Form 16 MUSLIM COURTS ... ... ... ... ... ... ... ... ... ... ... Form 21 , 22 MUSLIM LAW ... ... ··· ··· ... ... ... ... ... ... ... ... Form 1 ,21,22 NAIBA COUNCIL ... .. . .. . ... ... ... ... . .. .. . ... .. . Form 22 NATIONALITY LAW OF 1930 ... . .. . .. ... ... ... • • • • • • Form 4 (A) NATURAL RE"SOURCES CONCESSION . . . . . . .. . ... ... ... Form 31 • •• •• • •• • NEGARIT GAZETA ••• ... ... ... ... ... ... Form 2, 4 (A) •
NON-GOVERNMENTAL REGULATIONS AND RULES FACULTY OF LAW, HAILE SELLASSIE I UNIVERSITY ... Form 15 (C) NOTICE I n General ... ... . .. ... ... ... Encouragement of Foreign Investment NOTICE OF APPROVAL .. . .. . . . .
... ... ... ... ... . .. Form 14 ... ... . .. ... . .. . .. Form 14 .. . ... .. . . ..
NOTICE OF DISAPPROVAL ... ... .. .
. .. . .. Form 9 .. . ... .. . . . . . .. ... Form 10
OATH In General ... ... ... ... Admission to P ractice Law Allegiance ... ... ... .. . . .. ... ... Court-Martial Emperor on Coronation ...
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OF.FICIAL G OVERN1vfENT REPORT 0PINION LETTER .. .
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ORDER In General ... ... ... ... ... ... ... ... ... ... ... ... Form 2, 11 , 12, 13 Civil Aviation ... ... ... ... ... ... ... ... ... ... ... Form 11 Table of A nalysis .. . . . . . . . . .. . .. .. . . .. ... . . . . . . Form 11 PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES ... PACT ... ... . .. ... ... ... ... ... ... ... ... . . . ... ... PARKING REGULATIONS, ADDIS ABABA .. . .. . ... ... . .. PARLIAMENT . . . ... .. . ... ... .. . ... . . . ... ... ... ... - 211 -
Form 33 Fonn 24 Form 16 Form 3
BOOK ETl·IIOPIAN LEGAL FORM
PARLIAMENTARY LAW · · · · · · · · · · · . . · . . . . . . Committee Report · ·. · · · te na Se an pi io th E of ns io Internal Regulat te na Se an pi io th E of t or ep R ee itt m e om C Legislativ ·· . . . . · e at eb D te 11a Se n ia op hi Et of es ut Min · · · · . . · · · . . . . . . . tee 11it m1 Co Minutes of Legal · · · · · · · · . . · . . . . . . . Bill bers' Mem te Priva · • • • · Qtiestioning of Ministers . . . .. . . . . .. · · ... Rules and Procedure of Etl1iopian Senate ...·
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Internal Procedures and Practices .. . . . . . . · . . . . . . . . . .. . Form 15 (B) Labour ... ... . · . · · · · · · · · · · · · · · · · · · · · · · · · · · · . .. Form 15 Ligaba ... .. . .. . · · · · · · · · · · · · · · · · · · · · · · · · · ·. .. . Form 15 (B) (1) . . . . . . . .. . . . . . . ... . .. .. . .. . . . . Form 15 (C) Non-Governmental RENUNCIATION OF FOREIGN CITIZENSHIP .. . . . . . .. .. . Form 41 REPORT, OFFICIAL GOVERNMENT . . . . .. .. . .. . . .. . .. Form 34 . . . .. . . .. ... ... ... ... ... ... ... Form 35 REPORT, PRIVATE RESOLUTION . . . .. . . . . .. . . . . . . . . . . . . . ... . . . . .. . . . Form 32 ROMAN LAW .. . . .. . . . . . . .. . .. . . . . ... ... ... . . . . . . Form 1 RULES OF COURT In General . . . .. . .. . . . . . . . ... . . . Court Procedure Rules of 1943 . . . ... .. . Registration of .Advocates . . . . . . .. . . .. SECRETARIAT . . .
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