The e-Advocate Legal Missions International Zephaniah 3
Ethiopia
“Helping Individuals, Organizations & Communities Achieve Their Full Potential”
Vol. II, Issue V – Q-1 January| February| March 2016
The Advocacy Foundation, Inc. Helping Individuals, Organizations & Communities Achieve Their Full Potential
Ethiopia
―Helping Individuals, Organizations & Communities Achieve Their Full Potential
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Biblical Authority ______
Zephaniah 3 Good News Translation (GNT)
Jerusalem's Sin and Redemption 2
3 Jerusalem is doomed, that corrupt, rebellious city that oppresses its own people. It has not listened to the LORD or 3 accepted his discipline. It has not put its trust in the LORD or asked for his help. Its officials are like roaring lions; its 4 judges are like hungry wolves, too greedy to leave a bone until morning. The prophets are irresponsible and 5 treacherous; the priests defile what is sacred, and twist the law of God to their own advantage. But the LORD is still in the city; he does what is right and never what is wrong. Every morning without fail, he brings justice to his people. And yet the unrighteous people there keep on doing wrong and are not ashamed. 6
The LORD says, ―I have wiped out whole nations; I have destroyed their cities and left their walls and towers in ruins. 7 The cities are deserted; the streets are empty—no one is left. I thought that then my people would have reverence [a] for me and accept my discipline, that they would never forget the lesson I taught them. But soon they were behaving as badly as ever. 8
―Just wait,‖ the LORD says. ―Wait for the day when I rise to accuse the nations. I have made up my mind to gather nations and kingdoms in order to let them feel the force of my anger. The whole earth will be destroyed by the fire of my fury. 9
―Then I will change the people of the nations, and they will pray to me alone and not to other gods. They will all obey 10 [b] 11 me. Even from distant Ethiopia my scattered people will bring offerings to me. At that time you, my people, will no longer need to be ashamed that you rebelled against me. I will remove everyone who is proud and arrogant, and [c] 12 you will never again rebel against me on my sacred hill. I will leave there a humble and lowly people, who will 13 (A) come to me for help. The people of Israel who survive will do no wrong to anyone, tell no lies, nor try to deceive. They will be prosperous and secure, afraid of no one.‖
A Song of Joy 14
Sing and shout for joy, people of Israel! Rejoice with all your heart, Jerusalem! 15 The LORD has stopped your punishment; he has removed all your enemies. The LORD, the king of Israel, is with you; there is no reason now to be afraid. 16 The time is coming when they will say to Jerusalem, ―Do not be afraid, city of Zion! Do not let your hands hang limp! 17 The LORD your God is with you; his power gives you victory. The LORD will take delight in you, [d] and in his love he will give you new life. He will sing and be joyful over you, Page 4 of 53
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as joyful as people at a festival.‖ The LORD says, ―I have ended the threat of doom [e] and taken away your disgrace. 19 The time is coming! I will punish your oppressors; I will rescue all the lame and bring the exiles home. I will turn their shame to honor, and all the world will praise them. 20 The time is coming! I will bring your scattered people home; I will make you famous throughout the world and make you prosperous once again.‖ The LORD has spoken.
______ Commentary Pulpit Commentary Verse 10. - From beyond the rivers of Ethiopia (Cush); i.e. from the distant south, a type of the remotest parts of the world (Zephaniah 2:12). The rivers of Cush (Isaiah 18:1), are the Nile, the Atbara, and their affluents. My suppliants, even the daughter of my dispersed, shall bring mine offering. From the ends of the earth, the Jews who have continued faithful to Jehovah, and have not lost their nationality among the Gentiles, but have considered themselves as belonging to "the dispersion," shall be again received of the Lord, and bring their oblations unto him. This may be the sense intended: but looking to the thought in Isaiah 66:20 (where it is said that the Gentiles shall bring the Israelites out of all nations as a meat offering unto the Lord), we had better render the passage as the Revised Version margin, "They shall bring my suppliants, even the daughter of my dispersed, for an offering unto me." The remote Gentiles shall show their faith in God by aiding the Hebrews among them to turn to the Lord; this shall be their offering to the true God, whom they have learned to adore. When they themselves are converted, they shall be evangelists to the Hebrews of the Dispersion. For this work of the Gentiles in converting the Hebrews, Wordsworth compares Song of Solomon 3:4; Song of Solomon 8:8, 9; Isaiah 61:5, 6; Isaiah 65:18-21. St. Paul speaks to the same effect in Romans 6. Offering (minehah). The pure meal offering (Malachi 1:10, 11, where see notes; comp. Romans 15:16; Philippians 2:17). Dr. Briggs renders, "From beyond the rivers of Gush will be my incense (athar); the daughter of Phut will bring a minchah." This brings out the parallelism. The universal worship of Messianic times is expressed in the ceremonial terms of the old dispensation, but has a very real applicableness to the Christian religion (see note on Malachi 1:11).
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Table of Contents Ethiopia
Biblical Authority I.
Introduction
II.
Selected Historical Excerpts
III.
Politics
IV.
Geography
V.
Economy
VI.
Demographics
VII.
Health Care
VIII. Education & Culture ______ Attachment The Ethiopian Legal System
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Introduction Ethiopia, officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is bordered by Eritrea to the north and northeast, Djibouti and Somalia to the east, Sudan and South Sudan to the west, and Kenya to the south. With around 88 million inhabitants, Ethiopia is the most populous landlocked country in the world, as well as the second-most populated nation on the African continent. It occupies a total area of 1,100,000 square kilometres (420,000 sq mi), and its capital and largest city is Addis Ababa. Some of the oldest evidence for modern humans is found in Ethiopia, which is widely considered the region from which Homo sapiens first set out for the Middle East and points beyond. Tracing its roots to the 2nd millennium BC, Ethiopia was a monarchy for most of its history. During the first centuries of the Common Era the Kingdom of Aksum maintained a unified civilization in the region. Ethiopia derived prestige for its uniquely successful military resistance during the late 19th-century Scramble for Africa, and subsequently many African nations adopted the colors of Ethiopia's flag following their independence. Ethiopia was the only African country to defeat a European colonial power and retain its sovereignty as an independent country. It was the first independent African member of the 20th-century League of Nations and the UN. In 1974, at the end of Haile Selassie's reign, power fell to a communist military junta known as the Derg, backed by the Soviet Union, until it was defeated by the EPRDF, which has ruled since about the time of the collapse of the USSR in 1991. Ethiopia is a multilingual society with around 80 ethnic groups, with the two largest being the Oromo and the Amhara. It is the origin of the coffee bean. Ethiopia is a land of natural contrasts; with its vast fertile West, jungles, and numerous rivers, the world's hottest settlement of Dallol in its north, Africa's largest continuous mountain ranges and the largest cave in Africa at Sof Omar. Ethiopia has the most UNESCO World Heritage Sites in Africa. Ethiopia's ancient Ge'ez script, also known as Ethiopic, is one of the oldest alphabets still in use in the world. It shares many similarities with the Armenian alphabet.[24] The Ethiopian calendar, which is seven years and about three months behind the Gregorian calendar, co-exists alongside the Oromo calendar. A majority of the population is Christian and a third is Muslim; the country is the site of the Hijrah to Abyssinia and the oldest Muslim settlement in Africa at Negash. A substantial population of Ethiopian Jews, known as Beta Israel, resided in Ethiopia until the 1980s but most of them have since gradually emigrated to Israel. Page 9 of 53
Ethiopia is one of the founding members of the UN, the Group of 24 (G-24), the NonAligned Movement, G-77 and the Organisation of African Unity, with Addis Ababa serving as the headquarters of the African Union, the Pan African Chamber of Commerce and Industry, the UNECA, African Aviation Training HQ, the African Standby Force and much of global NGOs focused on Africa. Despite being the main source of the Nile, the longest river on earth, Ethiopia underwent a series of famines in the 1980s, exacerbated by civil wars and adverse geopolitics. The country has begun to recover recently, and it now has the largest economy by GDP in East Africa and Central Africa. According to Global Fire Power, Ethiopia also has the 40th most powerful military in the world.
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Selected Historical Excerpts Prehistory Ethiopia is widely considered the site of the emergence of anatomically modern humans, Homo sapiens sapiens, in the Middle Paleolithic 200,000 years ago. The earliest known modern human bones were found in Southwestern Ethiopia, and are called the Omo remains. Additionally, skeletal remains of Homo sapiens idaltu were found at a site in the Middle Awash in Ethiopia. Dated to around 160,000 years ago, they may represent an extinct subspecies of Homo sapiens sapiens, or the immediate ancestors of anatomically modern humans. According to linguists, the first Afro-Asiatic-speaking populations arrived in the region during the ensuing Neolithic era from the family's proposed urheimat ("original homeland") in the Nile Valley, or the Near East. Other scholars propose that the AfroAsiatic family developed in situ in the Horn, with its speakers subsequently dispersing from there.
Antiquity Around the 8th century BC, a kingdom known as D’mt was established in northern Ethiopia and Eritrea. Its capital was around the current town of Yeha, situated in northern Ethiopia. Most modern historians consider this civilization to be a native Ethiopian one, although Sabaean-influenced because of the latter's hegemony of the Red Sea. Other scholars regard Dʿmt as the result of a union of Afro-Asiatic cultures of the Cushitic and Semitic branches; namely, local Agaw peoples and Sabaeans from Southern Arabia. However, Ge'ez, the ancient Semitic language of Ethiopia, is thought to have developed independently from Sabaean (also South Semitic). As early as 2000 BC, other Semitic speakers were living in Ethiopia and Eritrea, where Ge'ez developed. Sabaean influence is now thought to have been minor, limited to a few localities, and disappearing after a few decades or a century. It may have been a trading or military colony in alliance with the Ethiopian civilization of Dʿmt or some other proto-Aksumite state. After the fall of Dʿmt in the 4th century BC, the plateau came to be dominated by smaller successor kingdoms. In the first century AD the Aksumite Empire emerged in what is now northern Ethiopia and Eritrea. According to the medieval Liber Axumae (Book of Aksum), the kingdom's first capital, Mazaber, was built by Itiyopis, son of Cush.[46] Aksum would later at times extend its rule into Yemen on the other side of the Red Sea. The Persian religious figure Mani listed Aksum with Rome, Persia, and China as one of the four great powers of his time in the 3rd century. Page 12 of 53
In about 316 AD, Frumentius and his brother Edesius from Tyre accompanied their uncle on a voyage to Ethiopia. When the vessel stopped at a Red Sea port, the natives killed all the travellers except the two brothers, who were taken to the court as slaves. They were given positions of trust by the monarch, and converted members of the royal court to Christianity. Frumentius became the first bishop of Aksum. A coin dated to 324 shows that Ethiopia was the second country to officially adopt Christianity (after Armenia), although the religion may have been at first confined to court circles; it was the first major power to do so.
During Muhammad's era The first interaction that the Islamic Prophet Muhammad had with Ethiopia was during the reign of Aṣḥama ibn Abjar, who was at the time the Emperor of Aksum and gave refuge to several Muslims in the Kingdom of Aksum in 614 AD. According to other authors, Ashama may have been the same person as king Armah, or his father or son. Taddesse Tamrat records that the inhabitants of Wiqro, where the ruler is known as Ashamat al-Negashi, claim that his tomb is located in their village. Muhammad's second interaction with Ethiopia was during the Expedition of Zaid ibn Haritha, when he sent Amr bin Umayyah al-Damri to the King of Ethiopia (then Abyssinia). In a letter from Muhammad to the King (Negus) of Axum, Muhammad invites the ruler and his men to follow his message and believe in Allah. When this letter was presented to the King, he took the parchment and allegedly placed it on his eye, descended to the floor and confessed his faith in Islam.
Haile Selassie I era (1916–1974) Haile Selassie was crowned Emperor on 2 November 1930 with the titles "King of Kings", "Lord of Lords", "Conquering Lion of the Tribe of Judah", "Elect of God." He took—as his regnal name— Haile Selassie I which translates to "Power of the Trinity".
The early 20th century was marked by the reign of Emperor Haile Selassie I, who came to power after Iyasu V was deposed. He undertook a nationwide modernization campaign from 1916, when he was made a Ras and Regent (Inderase) for Zewditu I and became the de facto ruler of the Ethiopian Empire. Following Zewditu's death, he was made Emperor on 2 November 1930. Haile Selassie I was born to parents from three of Ethiopia's Afro-Asiatic-speaking populations: the Oromo and Amhara, the country's two largest ethnic groups, as well as the Gurage. The independence of Ethiopia was interrupted by the Second Italo-Abyssinian War and Italian occupation (1936–1941). During this time, Haile Selassie appealed to the League of Nations in 1935, delivering an address that made him a worldwide figure, and the 1935 Time magazine Man of the Year. Also in this period, 1937, was the Italian massacre of Yekatit 12. Following the entry of Italy into World War II, British Empire Page 13 of 53
forces, together with patriot Ethiopian fighters, officially liberated Ethiopia in the course of the East African Campaign in 1941. An Italian guerrilla campaign continued until 1943. This was followed by British recognition of Ethiopia's full sovereignty, (i.e. without any special British privileges), with the signing of the Anglo-Ethiopian Agreement in December 1944. On 26 August 1942 Haile Selassie I issued a proclamation abolishing slavery. Ethiopia had between two and four million slaves in the early 20th century, out of a total population of about eleven million. In 1952, Haile Selassie orchestrated the federation with Eritrea. He dissolved this in 1962 and annexed Eritrea, which resisted and finally won its Eritrean War of Independence. Haile Selassie played a leading role in the formation of the Organisation of African Unity (OAU) in 1963. Opinion within Ethiopia turned against Haile Selassie I owing to the worldwide oil crisis of 1973, which caused a sharp increase in gasoline prices starting on 13 February 1974; food shortages; uncertainty regarding the succession; border wars, and discontent in the middle class created through modernization. The high gasoline prices caused the taxi drivers and teachers to go on strike on 18 February 1974. Students and workers in Addis Ababa began demonstrating against the government on 20 February 1974. The feudal oligarchial cabinet of Akilou Habte Wolde was toppled. A new government was formed with Endelkachew Makonnen serving as Prime Minister.
Derg era (1974–1991) Haile Selassie's reign came to an end on 12 September 1974, when a Soviet-backed Marxist–Leninist military junta, the "Derg" led by Mengistu Haile Mariam, deposed him. The new Provisional Military Administrative Council established a one-party communist state which was called People's Democratic Republic of Ethiopia in March 1975. The ensuing regime suffered several coups, uprisings, wide-scale drought, and a huge refugee problem. In 1977, the Ogaden War resulted in Somalia capturing part of the Ogaden region. Ethiopia recovered it after receiving massive military aid from the USSR, Cuba, South Yemen, East Germany and North Korea. This included around 15,000 Cuban combat troops. Up to 500,000 were killed as a result of the Red Terror, from forced deportations, or from the use of hunger as a weapon under Mengistu's rule. The Red Terror was carried out in response to what the government termed "White Terror", supposedly a chain of violent events, assassinations and killings carried out by the opposition. In 2006, after a trial that lasted 12 years, Ethiopia's Federal High Court in Addis Ababa found Mengistu guilty in absentia of genocide. Numerous other top leaders of his were also found guilty of war crimes. He and others who had fled the country were tried and sentenced in absentia. Numerous former officials received the death sentence and tens of others spent the next 20 years in jail, before being pardoned from life sentences. Page 14 of 53
In the beginning of the 1980s, a series of famines hit Ethiopia that affected around 8 million people, resulting in 1 million dead. Insurrections against Communist rule sprang up, particularly in the northern regions of Tigray and Eritrea. In 1989, the Tigrayan Peoples' Liberation Front (TPLF) merged with other ethnically based opposition movements to form the coalition known as the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF). Concurrently the Soviet Union began to retreat from building world communism under Mikhail Gorbachev's Glasnost and Perestroika policies, marking a dramatic reduction in aid to Ethiopia from Socialist Bloc countries. This resulted in more economic hardship and the collapse of the military in the face of determined onslaughts by guerrilla forces in the north. The collapse of communism in general, and in Eastern Europe during the Revolutions of 1989, coincided with the Soviet Union stopping aid to Ethiopia altogether in 1990. The strategic outlook for Mengistu quickly deteriorated. In May 1991, EPRDF forces advanced on Addis Ababa and the Soviet Union did not intervene to save the government side. Mengistu fled the country to asylum in Zimbabwe, where he still resides. The Transitional Government of Ethiopia, composed of an 87-member Council of Representatives and guided by a national charter that functioned as a transitional constitution, was set up. In June 1992, the Oromo Liberation Front withdrew from the government; in March 1993, members of the Southern Ethiopia Peoples' Democratic Coalition also left the government. In 1994, a new constitution was written that formed a bicameral legislature and a judicial system. The first formally multiparty election took place in May 1995, in which Meles Zenawi was elected the Prime Minister and Negasso Gidada was elected President.
Federal Democratic Republic (1991– present) Former Prime Minister of Ethiopia Meles Zenawi at the 2012 World Economic Forum annual meeting.
In 1994, a constitution was adopted that led to Ethiopia's first multiparty election the following year. In May 1998, a border dispute with Eritrea led to the Eritrean–Ethiopian War, which lasted until June 2000 and cost both countries an estimated $1 million a day. This hurt Ethiopia's economy, but strengthened the ruling coalition. On 15 May 2005, Ethiopia held a third multiparty election, which was highly disputed, with some opposition groups claiming fraud. Though the Carter Center approved the pre-election conditions, it expressed its dissatisfaction with post-election matters. European Union election observers continued to accuse the ruling party of vote rigging. The opposition parties gained more than 200 parliamentary Page 15 of 53
seats, compared with just 12 in the 2000 elections. Despite most opposition representatives joining the parliament, certain leaders of the CUD party, some of whom refused to take up their parliamentary seats, were accused of inciting the post-election violence that ensued and were imprisoned. Amnesty International considered them "prisoners of conscience" and they were subsequently released. A coalition of opposition parties and some individuals was established in 2009 to oust the regime of the EPRDF in legislative elections of 2010. Meles Zenawi's party that has been in power since 1991, published its 65-page manifesto in Addis Ababa on 10 October 2009. The opposition won most votes in Addis Ababa, but the EPRDF halted counting of votes for several days. After it ensued, it claimed the election, amidst charges of fraud and intimidation. Some of the eight member parties of this Ethiopian Forum for Democratic Dialogue (FDD or Medrek in Amharic) include the Oromo Federalist Congress (organized by the Oromo Federalist Democratic Movement and the Oromo People's Congress), the Arena Tigray (organized by former members of the ruling party TPLF), the Unity for Democracy and Justice (UDJ, whose leader is imprisoned), and the Coalition of Somali Democratic Forces. In mid-2011, two consecutive missed rainy seasons precipitated the worst drought in East Africa seen in 60 years. Full recovery from the drought's effects are not expected until 2012, with long-term strategies by the national government in conjunction with development agencies believed to offer the most sustainable results. Prime Minister Meles Zenawi died on 20 August 2012 in Brussels, where he was being treated for an unspecified illness. Deputy Prime Minister Hailemariam Desalegn was appointed as a new prime minister. Hailemariam will remain in the position until new elections in 2015. In 2013, the mass deportation from Saudi Arabia of Ethiopian migrant workers has caused tensions.
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Politics Embassy of the Federal Democratic Republic of Ethiopia in Washington, D.C.
The politics of Ethiopia takes place in a framework of a federal parliamentary republic, whereby the Prime Minister is the head of government. Executive power is exercised by the government. Federal legislative power is vested in both the government and the two chambers of parliament. On the basis of Article 78 of the 1994 Ethiopian Constitution, the Judiciary is completely independent of the executive and the legislature. The current realities of this provision are questioned in a report prepared by Freedom House. According to the Democracy Index published by the United Kingdom-based Economist Intelligence Unit in late 2010, Ethiopia is an "authoritarian regime", ranking as the 118th most democratic out of 167 countries. Ethiopia has dropped 12 places on the list since 2006, and the latest report attributes the drop to the regime's crackdown on opposition activities, media and civil society before the 2010 parliamentary election, which the report argues has made Ethiopia a de facto one-party state.
Governance The election of Ethiopia's 547-member constituent assembly was held in June 1994. This assembly adopted the constitution of the Federal Democratic Republic of Ethiopia in December 1994. The elections for Ethiopia's first popularly chosen national parliament and regional legislatures were held in May and June 1995 . Most opposition parties chose to boycott these elections. There was a landslide victory for the Ethiopian People's Revolutionary Democratic Front (EPRDF). International and non-governmental observers concluded that opposition parties would have been able to participate had they chosen to do so. The current government of Ethiopia was installed in August 1995. The first President was Negasso Gidada. The EPRDF-led government of Prime Minister Meles Zenawi promoted a policy of ethnic federalism, devolving significant powers to regional, ethnically based authorities. Ethiopia today has nine semi-autonomous administrative regions that have the power to raise and spend their own revenues. Under the present government, some fundamental freedoms, including freedom of the press, are circumscribed. Citizens have little access to media other than the state-owned networks, and most private newspapers struggle to remain open and suffer periodic harassment from the government. At least 18 journalists who had written articles critical of the government were arrested following the 2005 elections on genocide and treason charges. The government uses press laws governing libel to intimidate journalists who are critical of its policies. Page 18 of 53
Addis Ababa's city hall.
Zenawi's government was elected in 2000 in Ethiopia's first-ever multiparty elections; however, the results were heavily criticized by international observers and denounced by the opposition as fraudulent. The EPRDF also won the 2005 election returning Zenawi to power. Although the opposition vote increased in the election, both the opposition and observers from the European Union and elsewhere stated that the vote did not meet international standards for fair and free elections. Ethiopian police are said to have massacred 193 protesters, mostly in the capital Addis Ababa, in the violence following the May 2005 elections in the Ethiopian police massacre. The government initiated a crackdown in the provinces as well; in Oromia state the authorities used concerns over insurgency and terrorism to use torture, imprisonment, and other repressive methods to silence critics following the election, particularly people sympathetic to the registered opposition party Oromo National Congress (ONC). The government has been engaged in a conflict with rebels in the Ogaden region since 2007. The biggest opposition party in 2005 was the Coalition for Unity and Democracy (CUD). After various internal divisions, most of the CUD party leaders have established the new Unity for Democracy and Justice party led by Judge Birtukan Mideksa. A member of the country's Oromo ethnic group, Ms. Birtukan Mideksa is the first woman to lead a political party in Ethiopia. As of 2008, the top five opposition parties are the Unity for Democracy and Justice led by Judge Birtukan Mideksa, United Ethiopian Democratic Forces led by Dr.Beyene Petros, Oromo Federalist Democratic Movement led by Dr. Bulcha Demeksa, Oromo People's Congress led by Dr. Merera Gudina, and United Ethiopian Democratic PartyMedhin Party led by Lidetu Ayalew.
Human Rights According to surveys in 2003 by the National Committee on Traditional Practices in Ethiopia, marriage by abduction accounts for 69% of the nation's marriages, with around 80% in the largest region, Oromiya, and as high as 92% in the Southern Nations, Nationalities, and People's Region. Among the Omotic-speaking Karo and Hamar tribes in southern Ethiopia, adults and children with physical abnormalities are considered to be ritually impure or mingi. The latter are believed to exert an evil influence upon others, so disabled infants have traditionally been disposed of without a proper burial. The Karo officially banned the practice in July 2012. Page 19 of 53
Administrative Divisions Before 1996, Ethiopia was divided into thirteen provinces, many derived from historical regions. The nation now has a tiered governmental system consisting of a federal government overseeing ethnically based regional states, zones, districts (woreda) and neighborhoods (kebele). Since 1996, Ethiopia has been divided into nine ethnically based and politically autonomous regional states (kililoch, singular kilil) and two chartered cities (astedader akababiwoch, singular astedader akababi), the latter being Addis Ababa and Dire Dawa. The kililoch are subdivided into sixty-eight zones, and then further into 550 woredas and several special woredas. The constitution assigns extensive power to regional states, which can establish their own government and democracy according to the federal government's constitution. Each region has at its apex a regional council where members are directly elected to represent the districts and the council has legislative and executive power to direct internal affairs of the regions. Article 39 of the Ethiopian Constitution further gives every regional state the right to secede from Ethiopia. There is debate, however, as to how much of the power guaranteed in the constitution is actually given to the states. The councils implement their mandate through an executive committee and regional sectoral bureaus. Such elaborate structure of council, executive, and sectoral public institutions is replicated to the next level (woreda).
Region or City
Capital
Addis Ababa
astedader
Afar Amhara BenishangulGumuz
kilil kilil
Addis Ababa Semera Bahir Dar
kilil
Asosa
Dire Dawa
astedader
Gambela Harari Oromia Somali
kilil kilil kilil kilil
Dire Dawa Gambela Harar Finfinne Jijiga
2
Area (km ) 526.99
Population Oct 1994 May 2007 census census 2,100,031
2,738,248
Jul 2012 estimate 3,041,002
72,052.78 1,051,641 1,411,092 1,602,995 154,708.96 13,270,898 17,214,056 18,866,002 50,698.68
460,325
670,847
982,004
1,558.61
248,549
342,827
387,000
29,782.82 162,271 306,916 385,997 333.94 130,691 183,344 210,000 284,538 18,465,449 27,158,471 31,294,992 279,252.00 3,144,963 4,439,147 5,148,989 Page 20 of 53
Region or City Southern Nations, Nationalities, kilil and People's Region kilil Tigray Special enumerated zones Totals
Capital
Hawassa
Mekelle
2
Area (km )
Population Oct 1994 May 2007 census census
Jul 2012 estimate
105,887.18 10,377,028 15,042,531 17,359,008
41,410
3,134,470
4,314,456
4,929,999
96,570
112,999
1,127,127.00 51,766,239 73,918,505 84,320,987
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Geography At 1,126,829 square kilometres (435,071 sq mi), Ethiopia is the world's 27th-largest country, comparable in size to Bolivia. It lies between latitudes 3° and 15°N, and longitudes 33° and 48°E. The major portion of Ethiopia lies on the Horn of Africa, which is the easternmost part of the African landmass. Bordering Ethiopia are Sudan and South Sudan to the west, Djibouti and Eritrea to the north, Somalia to the east and Kenya to the south. Within Ethiopia is a vast highland complex of mountains and dissected plateaus divided by the Great Rift Valley, which runs generally southwest to northeast and is surrounded by lowlands, steppes, or semi-desert. The great diversity of terrain determines wide variations in climate, soils, natural vegetation, and settlement patterns. Ethiopia is an ecologically diverse country, ranging from the deserts along the eastern border to the tropical forests in the south to extensive Afromontane in the northern and southwestern parts. Lake Tana in the north is the source of the Blue Nile. It also has a large number of endemic species, notably the Gelada Baboon, the Walia Ibex and the Ethiopian wolf (or Simien fox). The wide range of altitude has given the country a variety of ecologically distinct areas, this has helped to encourage the evolution of endemic species in ecological isolation.
Climate The predominant climate type is tropical monsoon, with wide topographic-induced variation. The Ethiopian Highlands cover most of the country and have a climate which is generally considerably cooler than other regions at similar proximity to the Equator. Most of the country's major cities are located at elevations of around 2,000–2,500 m (6,562–8,202 ft) above sea level, including historic capitals such as Gondar and Axum. Wonchi Lake
The modern capital Addis Ababa is situated on the foothills of Mount Entoto, at an elevation of around 2,400 m (7,874 ft). It experiences a mild climate year round. With fairly uniform year round temperatures, the seasons in Addis Ababa are largely defined by rainfall, with a dry season from October–February, a light rainy season from March–May, and a heavy rainy season from June–September. The average annual rainfall is around 1,200 mm (47.2 in). Page 23 of 53
There are on average 7 hours of sunshine per day, meaning it is sunny for around 60% of the available time. The dry season is the sunniest time of the year, though even at the height of the rainy season in July and August there are still usually several hours per day of bright sunshine. The average annual temperature in Addis Ababa is 16 °C (60.8 °F), with daily maximum temperatures averaging 20–25 °C (68.0–77.0 °F) throughout the year, and overnight lows averaging 5–10 °C (41.0–50.0 °F). Most major cities and tourist sites in Ethiopia lie at a similar elevation to Addis Ababa and have a comparable climate. In less elevated regions, particularly the lower lying Ethiopian xeric grasslands and shrublands in the east of the country, the climate can be significantly hotter and drier. Dallol, in the Danakil Depression in this eastern zone, has the world's highest average annual temperature of 34 °C (93.2 °F).
Wildlife Ethiopia has 31 endemic species of mammals.[107] The African Wild Dog prehistorically had widespread distribution in the territory. However, with last sightings at Fincha, this canid is thought to be potentially extirpated within Ethiopia. The Ethiopian wolf is perhaps the most researched of all the endangered species within Ethiopia. Ethiopia is a global center of avian diversity. To date more than 856 bird species have been recorded in Ethiopia, 20 of which are endemic to the country. Sixteen species are endangered or critically endangered. A large number of these birds feed on butterflies, like the Bicyclus anynana. Historically, throughout the African continent, wildlife populations have been rapidly declining owing to logging, civil wars, pollution, poaching and other human interference. A 17-year-long civil war, along with severe drought, negatively impacted Ethiopia's environmental conditions leading to even greater habitat degradation. Habitat destruction is a factor that leads to endangerment. When changes to a habitat occur rapidly, animals do not have time to adjust. Human impact threatens many species, with greater threats expected as a result of climate change induced by greenhouse gas emissions. With carbon dioxide emissions in 2010 of 6,494,000 tonnes, Ethiopia contributes just 0.02% to the annual human-caused release of greenhouse gases. Ethiopia has a large number of species listed as critically endangered, endangered and vulnerable to global extinction. The threatened species in Ethiopia can be broken down into three categories (based on IUCN ratings): Critically Endangered, Endangered, and Vulnerable. Critically endangered mammals[114]
Endangered mammals
Vulnerable mammals Page 24 of 53
African elephant
Bilen gerbil
Grevy's zebra
Black rhinoceros
Mountain nyala Ammodile
Ethiopian wolf
Nubian ibex
Guramba shrew Harenna shrew MacMillan's shrew Walia ibex
Bailey's shrew
Large-eared free-tailed bat Lesser horseshoe bat
Red-fronted gazelle Rupp's mouse
Scott's mouseeared bat Soemmerring's African wild dog Bale shrew Moorland shrew gazelle Beira Morris's bat Speke's gazelle antelope Mouse-tailed bat Spotted-necked Cheetah species otter Natal free-tailed Stripe-backed Dibatag bat mouse Dorcas Nikolaus's gazelle mouse Glass's Patrizi's trident shrew leaf-nosed bat Lion
Deforestation Mountain nyalas in Nechisar National Park, one of several wildlife reserves in Ethiopia.
Deforestation is a major concern for Ethiopia as studies suggest loss of forest contributes to soil erosion, loss of nutrients in the soil, loss of animal habitats and reduction in biodiversity. At the beginning of the 20th century around 420 000 km² or 35% of Ethiopia's land was covered by trees but recent research indicates that forest cover is now approximately 11.9% of the area. Ethiopia is one of the seven fundamental and independent centers of origin of cultivated plants of the world. Ethiopia loses an estimated 1 410 km² of natural forests each year. Between 1990 and 2005 the country lost approximately 21 000 km². Current government programs to control deforestation consist of education, promoting reforestation programs and providing alternate raw material to timber. In rural areas the government also provides non-timber fuel sources and access to non-forested land to promote agriculture without destroying forest habitat. Organizations such as SOS and Farm Africa are working with the federal government and local governments to create a system of forest management. Working with a grant Page 25 of 53
of approximately 2.3 million euros the Ethiopian government recently began training people on reducing erosion and using proper irrigation techniques that do not contribute to deforestation. This project is assisting more than 80 communities.
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Economy According to the IMF, Ethiopia was one of the fastest growing economies in the world, registering over 10% economic growth from 2004 through 2009. It was the fastest-growing non-oil-dependent African economy in the years 2007 and 2008. Growth has decelerated moderately in 2012 to 7% and is projected to be 6.5% in the future – reflecting weaker external demand and an increasingly constrained environment for private sector activity. Ethiopia's growth performance and considerable development gains came under threat during 2008 and 2011 with the emergence of twin macroeconomic challenges of high inflation and a difficult balance of payments situation. Inflation surged to 40% in August 2011 because of loose monetary policy, large civil service wage increase in early 2011, and high food prices.[120] For 2011/12, end-year inflation was projected to be about at about 22 percent and single digit inflation is projected in 2012/13 with the implementation of tight monetary and fiscal policies. In spite of fast growth in recent years, GDP per capita is one of the lowest in the world, and the economy faces a number of serious structural problems. Agricultural productivity remains low, and frequent droughts still beset the country. Ethiopia is often ironically referred to as the "water tower" of Eastern Africa because of the many (14 major) rivers that pour off the high tableland, including the Nile. It also has the greatest water reserves in Africa, but few irrigation systems in place to use it. Just 1% is used for power production and 1.5% for irrigation. Provision of telecommunications services is left to a state-owned monopoly. It is the view of the current government that maintaining state ownership in this vital sector is essential to ensure that telecommunication infrastructures and services are extended to rural Ethiopia, which would not be attractive to private enterprises. The Ethiopian constitution defines the right to own land as belonging only to "the state and the people", but citizens may lease land (up to 99 years), and are unable to mortgage or sell. Renting of land for a maximum of twenty years is allowed and this is expected to ensure that land goes to the most productive user. Land distribution and administration is considered an area where corruption is institutionalized, and facilitation payments as well as bribes are often demanded when dealing with land-related issues.
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Agriculture Agriculture accounts for almost 41% of the gross domestic product (GDP), 80% of exports, and 80% of the labor force. Many other economic activities depend on agriculture, including marketing, processing, and export of agricultural products. Production is overwhelmingly by small-scale farmers and enterprises and a large part of commodity exports are provided by the small agricultural cash-crop sector. Principal crops include coffee, pulses (e.g., beans), oilseeds, cereals, potatoes, sugarcane, and vegetables. A 2012 study suggested that new varieties of chickpea could benefit farmers and the Ethiopian economy in future. This study assessed the potential economic and poverty impact of 11 improved chickpea varieties, released by the national agricultural research organization of Ethiopia in collaboration with the International Crops Research Institute for the Semi-Arid Tropics (ICRISAT). The researchers estimated using the varieties would bring about a total benefit of US$111 million for 30 years, with consumers receiving 39% of the benefit and producers 61%. The generated benefit is expected to lift more than 0.7 million people (both producers and consumers) out of poverty. The authors concluded that further investments in the chickpea and other legume research in Ethiopia is justified as a means of poverty alleviation. Exports are almost entirely agricultural commodities, and coffee is the largest foreign exchange earner. Ethiopia is Africa's second biggest maize producer. According to UN estimations the per capita GDP of Ethiopia has reached $357 as of 2011. The same report indicated that the life expectancy had improved substantially in recent years. The life expectancy of men is reported to be 56 years and for women 60 years.
Exports Ethiopia Export Treemap from MIT–Harvard Economic Complexity Observatory.
Exports from Ethiopia in the 2009/2010 financial year totaled $US1.4 billion. The country produces more coffee than any other nation on the continent. Ethiopia is also the 10th largest producer of livestock in the world. Other main export commodities are khat, gold, leather products, and oilseeds. Recent development of the floriculture sector means Ethiopia is poised to become one of the top flower and plant exporters in the world. Cross-border trade by pastoralists is often informal and beyond state control and regulation. In East Africa, over 95% of cross-border trade is through unofficial channels and the unofficial trade of live cattle, camels, sheep and goats from Ethiopia sold to Somalia, Djibouti and Kenya generates an estimated total value of between US$250 and US$300 million annually (100 times more than the official figure). Page 29 of 53
This trade helps lower food prices, increase food security, relieve border tensions and promote regional integration. However, there are also risks as the unregulated and undocumented nature of this trade runs risks, such as allowing disease to spread more easily across national borders. Furthermore, the government of Ethiopia is purportedly unhappy with lost tax revenue and foreign exchange revenues. Recent initiatives have sought to document and regulate this trade. With the private sector growing slowly, designer leather products like bags are becoming a big export business, with Taytu becoming the first luxury designer label in the country. Additional small-scale export products include cereals, pulses, cotton, sugarcane, potatoes and hides. With the construction of various new dams and growing hydroelectric power projects around the country, Ethiopia also plans to export electric power to its neighbors. Coffee remains its most important export product and with new trademark deals around the world, including recent deals with Starbucks, the country plans to increase its revenue from coffee. Most regard Ethiopia's large water resources and potential as its "white oil" and its coffee resources as "black gold". The country also has large mineral resources and oil potential in some of the less inhabited regions. Political instability in those regions, however, has inhibited development. Ethiopian geologists were implicated in a major gold swindle in 2008. Four chemists and geologists from the Ethiopian Geological Survey were arrested in connection with a fake gold scandal, following complaints from buyers in South Africa. Gold bars from the National Bank of Ethiopia were found to be gilded metal by police, costing the state around US$17 million, according to the Science and Development Network website. In 2011, the Grand Ethiopian Renaissance Dam project was commenced. When completed, it will provide surplus Energy in Ethiopia which will be available for export to neighboring countries.
Transportation Ethiopian Airlines Boeing 737–700 on the Bole International Airport runway
Ethiopia has 681 km of railway, which mainly consists of the Addis Ababa – Djibouti Railway, with a 1,000 mm (3 ft 3 3⁄8 in) narrow gauge. At present the railway is under joint control of Djibouti and Ethiopia, but negotiations are underway to privatize this transport utility. The railroad is currently being rebuilt and electrified by Chinese and Turkish companies and is scheduled to be completed by September 2015. The new railroad will be 756 km-long and is expected to reduce the travel time from Addis Ababa to Djibouti by half to less than ten hours with a designated speed of 120 km/hour. Page 30 of 53
As the first part of a ten-year Road Sector Development Program, between 1997 and 2002 the Ethiopian government began a sustained effort to improve its infrastructure of roads. As a result, as of 2002 Ethiopia has a total (Federal and Regional) 33,297 km of roads, both paved and gravel. Ethiopia has 58 airports as of 2012. Among these, the Bole International Airport in Addis Ababa and the Aba Tenna Dejazmach Yilma International Airport in Dire Dawa accommodate international flights. Ethiopian Airlines is the country's flag carrier, and is wholly owned by the Government of Ethiopia. From its hub at the Bole International Airport, the airline serves a network of 62 international destinations and 16 domestic ones. It is also one of the fastest-growing carriers in the industry and one of Africa's largest airlines.
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Demographics Population in Ethiopia Year Million Difference 1950 18.4 – 1960 22.5 4.1 1970 29.0 6.5 1980 35.4 6.4 1990 48.3 12.9 2000 65.6 17.3 2010 82.9 17.3 2013 93.8 >10.9
Ethiopia's population has grown from 33.5 million in 1983 to 87.9 million in 2014. The population was only about 9 million in the 19th century. The 2007 Population and Housing Census results show that the population of Ethiopia grew at an average annual rate of 2.6% between 1994 and 2007, down from 2.8% during the period 1983–1994. Currently, the population growth rate is among the top ten countries in the world. The population is forecast to grow to over 210 million by 2060, which would be an increase from 2011 estimates by a factor of about 2.5.
The country's population is highly diverse, containing over 80 different ethnic groups. According to the Ethiopian national census of 2007, the Oromo are the largest ethnic group in Ethiopia, at 34.4% of the nation's population. The Amhara represent 27.0% of the country's inhabitants, while the Somali and Tigray represent 6.22% and 6.08% of the population, respectively. Other prominent ethnic groups are as follows: Sidama 4.00%, Gurage 2.52%, Welayta 2.27%, Afar 1.73%, Hadiya 1.72%, Gamo 1.49% and others 12.6%. Ethnic groups in Ethiopia Ethnic group
Oromo Amhara Somali Tigray Sidama Gurage Welayta Afar Hadiya Gamo others
Population
25.4 (34.4%) 19.9 (27.0%) 4.59 (6.22%) 4.49 (6.08%) 2.95 (4.00%) 1.86 (2.52%) 1.68 (2.27%) 1.28 (1.73%) 1.27 (1.72%) 1.10 (1.49%) 9.30 (12.6%)
Population in millions according to 2007 Census
Afro-Asiatic communities make up the majority of the population. Among these, Semitic speakers often collectively refer to themselves as Habesha or Abesha. The Arabic form of this term (Al-Habasha) is the etymological basis of "Abyssinia," the former name of Ethiopia in English and other European languages. Additionally, Nilo-Saharan-speaking Nilotic ethnic minorities inhabit the southern regions of the country; particularly in areas Page 33 of 53
of the Gambela Region which borders South Sudan. The largest ethnic groups among these include the Nuer and Anuak. In 2009, Ethiopia hosted a population of refugees and asylum seekers numbering approximately 135,200. The majority of this population came from Somalia (approximately 64,300 persons), Eritrea (41,700) and Sudan (25,900). The Ethiopian government required nearly all refugees to live in refugee camps.
Languages According to Ethnologue, there are ninety individual languages spoken in Ethiopia. Most people in the country speak Afro-Asiatic languages of the Cushitic or Semitic branches. The former includes Oromiffa, spoken by the Oromo people, and Somali, spoken by the Somali people; the latter includes Amharic, spoken by the Amhara people, and Tigrinya, spoken by the Tigray-Tigrinya people. Together, these four groups make up about three-quarters of Ethiopia's population. Other Afro-Asiatic languages with a significant number of speakers include the Cushitic Sidamo, Afar, Hadiyya and Agaw languages, as well as the Semitic Gurage, Harari, Silt'e and Argobba tongues. Additionally, Omotic languages are spoken by Omotic ethnic minority groups inhabiting the southern regions. Among these idioms are Aari, Bench, Dawro, Dime, Dizi, Gamo, Gofa, Maale, Hamer and Wolaytta. Languages from the Nilo-Saharan phylum are also spoken by the nation's Nilotic ethnic minorities, who are concentrated in the southwestern parts of the country. These languages include Nuer, Anuak, Nyangatom, Majang, Surma, Me'en and Mursi. English is the most widely spoken foreign language and is the medium of instruction in secondary schools. Amharic was the language of primary school instruction, but has been replaced in many areas by regional languages such as Oromiffa, Somali or Tigrinya. While all languages enjoy equal state recognition in the 1995 Constitution of Ethiopia, Amharic is recognized as the official working language of the Federal Government. The various regions of Ethiopia are free to determine their own working languages, with Oromiffa, Somali and Tigrinya recognized as official working languages in their respective regions.
Script In terms of writing systems, Ethiopia's principal orthography is Ge'ez or Ethiopic. Employed as an abugida for several of the country's languages, it first came into usage in the 6th and 5th centuries BC as an abjad to transcribe the Semitic Ge'ez language. Ge'ez now serves as the liturgical language of the Ethiopian and Eritrean Orthodox Churches. During the 1980s, the Ethiopic character set was computerized. It is today part of the Unicode standard as Ethiopic, Ethiopic Extended, Ethiopic Supplement and Ethiopic Extended-A. Page 34 of 53
Other writing systems have also been used over the years by different Ethiopian communities. The latter include Sheikh Bakri Sapalo's script for Oromo.
The Rock-Hewn Church of Saint George in Lalibela is a UNESCO World Heritage Site.
Religion Ethiopia has close historical ties with all three of the world's major Abrahamic religions. In the 4th century, the region was one of the first in the world to officially adopt Christianity as the state religion. While no longer distinguished as a state religion, it remains the majority faith. There is also a substantial Muslim demographic, representing about a third of the population. Ethiopia is also the site of the first Hijra in Islamic history. A town in the Tigray Region, Negash is the oldest Muslim settlement in Africa. Until the 1980s, a substantial population of Ethiopian Jews (Beta Israel) resided in Ethiopia. According to the 2007 National Census, Christians make up 62.8% of the country's population (43.5% Ethiopian Orthodox, 19.3% other denominations), Muslims 33.9%, practitioners of traditional faiths 2.6%, and other religions 0.6% This is in agreement with the updated CIA World Factbook, which states that Christianity is the most widely practiced religion in Ethiopia. According to the latest CIA factbook figure, Muslims constitute 33.9% of the population. Sunnis form the majority of Muslims with nondenominational Muslims being the second largest group of Muslims, and Shias and Ahmadi Muslims are a minority. Sunnis are largely Shafi'is or Salafis, and there are also many Sufi Muslims there. The large Muslim population in the northern Afar region has resulted in a Muslim separatist movement called the Islamic State of Afaria seeking a sharia-compliant constitution. The Kingdom of Aksum was one of the first nations to officially accept Christianity, when St. Frumentius of Tyre, called Fremnatos or Abba Selama ("Father of Peace") in Ethiopia, converted Emperor Ezana during the 4th century AD. According to the New Page 35 of 53
Testament, Christianity had entered Ethiopia even earlier, when an official in the Ethiopian royal treasury was baptized by Philip the Evangelist. Today, the Ethiopian Orthodox Tewahedo Church, part of Oriental Orthodoxy, is by far the largest denomination, though a number of Protestant (Pentay) churches have recently gained ground. Since the 18th century there has existed a relatively small Ethiopian Catholic Church in full communion with Rome, with adherents making up less than 1% of the total population. A mosque in Bahir Dar.
Islam in Ethiopia dates back to the founding of the religion in 615, when a group of Muslims were counseled by the Prophet Muhammad to escape persecution in Mecca. The disciples subsequently migrated to Ethiopia via modern-day Eritrea, which was at the time ruled by Sahama, a pious Christian emperor.[152] Moreover, Bilal ibn Ribah, the first Muezzin, the person chosen to call the faithful to prayer, and one of the foremost companions of Muhammad, was from Abyssinia (Eritrea, Ethiopia etc.). Also, the largest single ethnic group of non-Arab Companions of Muhammad was that of the Ethiopians. A small ancient group of Jews, the Beta Israel, live in northwestern Ethiopia, though most emigrated to Israel in the last decades of the 20th century as part of the Israeli government's rescue missions: Operation Moses and Operation Solomon. [158][159] A genetic study has shown that Ethiopian Jews are closely related to Ethiopian nonJewish populations—consistent with the theory that Beta Israel are descendants of ancient inhabitants of Ethiopia, and not the Middle East. Another study also points to an origin derived from conversion of local populations. According to the 2007 Population and Housing Census, around 1,957,944 people in Ethiopia are adherents of traditional faiths. An additional 471,861 residents practice other creeds. While followers of all religions can be found in each region, they tend to be concentrated in certain parts of the country. Christians predominantly live in the northern Amhara and Tigray regions, and are largely members of the non-Chalcedonian Ethiopian Orthodox Tewahedo Church. Those belonging to the Protestant or Pentay denomination are centered in the Southern Nations, Nationalities, and Peoples' Region (SNNP) and Oromia. Muslims in Ethiopia predominantly adhere to the Sunni branch, and generally inhabit eastern and northeastern areas; particularly the Somali, Afar, Dire Dawa and Harari regions. Practitioners of traditional religions mainly reside in the nation's far southwestern and western rural borderlands, in the SNNP, Benishangul-Gumuz and Gambela regions.
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Urbanization View of the capital Addis Ababa from the Sheraton Hotel.
Population growth, migration, and urbanization are all straining both governments' and ecosystems' capacity to provide people with basic services. Urbanization has steadily been increasing in Ethiopia, with two periods of significantly rapid growth. First, in 1936–1941 during the Italian occupation of Mussolini's fascist regime, and from 1967 to 1975 when the populations of urban centers tripled. In 1936, Italy annexed Ethiopia, building infrastructure to connect major cities, and a dam providing power and water. This along with the influx of Italians and laborers was the major cause of rapid growth during this period. The second period of growth was from 1967 to 1975 when rural populations migrated to urban centers seeking work and better living conditions. This pattern slowed due to the 1975 Land Reform program instituted by the government, which provided incentives for people to stay in rural areas. As people moved from rural areas to the cities, there were fewer people to grow food for the population. The Land Reform Act was meant to increase agriculture since food production was not keeping up with population growth over the period of 1970–1983. This program proliferated the formation of peasant associations, large villages based on agriculture. The act did lead to an increase in food production, although there is debate over the cause; it may be related to weather conditions more than the reform act. Urban populations have continued to grow with an 8.1% increase from 1975 to 2000.
Largest cities or towns of Ethiopia CSA (estimate for 1 July 2012) Ran Regio Name k n
Addis Ababa
Pop.
Ran k
Name
Regio n
Pop.
1
Addis Addis Ababa Ababa
3,040,74 0
11
Shashaman Oromia e
2
Mek'el Tigray e
286,600
12
Bishoftu
Oromia
3
Dire Dawa
273,601
13
Harar
Harari
4
Adama Oromia
262,884
14
Sodo
SNNPR
118,90 0 118,30 0 108,20 0 97,000
5
Gonda Amhara 254,450 r
15
Arba Minch SNNPR
95,500
6
Awasa SNNPR 212,665
16
Hosaena
SNNPR
89,300
7
Bahir Dar
17
Nekemte
Oromia
89,000
Dire Dawa
Amhara 191,015
Dire Dawa
Adama Page 37 of 53
8 9 10
149,166
18
Asella
Oromia
Dessie Amhara 147,592
19
Dila
SNNPR
79,600 75,400
Jijiga
20
Debre Birhan
Amhara
71,400
Jimma Oromia
Somali
147,482
Mek'ele
Rural & Urban Life Migration to urban areas is usually motivated by the hope of better lives. In peasant associations daily life is a struggle to survive. About 16% of the population in Ethiopia are living on less than 1 dollar per day (2008). Only 65% of rural households in Ethiopia consume the World Health Organization's minimum standard of food per day (2,200 kilocalories), with 42% of children under 5 years old being underweight. Most poor families (75%) share their sleeping quarters with livestock, and 40% of children sleep on the floor, where nighttime temperatures average 5 degrees Celsius in the cold season. The average family size is six or seven, living in a 30-square-meter mud and thatch hut, with less than two hectares of land to cultivate. These living conditions are deplorable, but are the daily lives of peasant associations. The peasant associations face a cycle of poverty. Since the landholdings are so small, farmers cannot allow the land to lie fallow, which reduces soil fertility. This land degradation reduces the production of fodder for livestock, which causes low milk yields. Since the community burns livestock manure as fuel, rather than plowing the nutrients back into the land, the crop production is reduced. The low productivity of agriculture leads to inadequate incomes for farmers, hunger, malnutrition and disease. These unhealthy farmers have a hard time working the land and the productivity drops further. Although conditions are drastically better in cities, all of Ethiopia suffers from poverty, and poor sanitation. In the capital city of Addis Ababa, 55% of the population lives in slums. Although there are some wealthy neighborhoods with mansions, most people make their houses using whatever materials are available, with walls made of mud or Page 38 of 53
wood. Only 12% of homes have cement tiles or floors. Sanitation is the most pressing need in the city, with most of the population lacking access to waste treatment facilities. This contributes to the spread of illness through unhealthy water. Despite the living conditions in the cities, the people of Addis Ababa are much better off than people living in the peasant associations owing to their educational opportunities. Unlike rural children, 69% of urban children are enrolled in primary school, and 35% of those eligible for secondary school attend. Addis Ababa has its own university as well as many other secondary schools. The literacy rate is 82%. Many NGOs (Non-Governmental Organizations) are working to solve this problem; however, most are far apart, uncoordinated, and working in isolation. The Sub-Saharan Africa NGO Consortium is attempting to coordinate efforts. Languages of Ethiopia as of 2007 Census. Oromo (33.8%) Amharic (29.3%) Somali (6.25%) Tigrinya (5.86%) Sidamo (4.04%) Welaytta (2.21%) Gurage (2.01%) Afar (1.74%) Hadiyya (1.70%) Gamo (1.45%) Other (11.64%)
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Health Care Addis Ababa Fistula Hospital.
According to the head of the World Bank's Global HIV/AIDS Program, Ethiopia has only 1 medical doctor per 100,000 people. However, the World Health Organization's 2006 World Health Report gives a figure of 1,936 physicians (for 2003), which comes to about 2.6 per 100,000. Globalization is said to affect the country, with many educated professionals leaving Ethiopia for better economic opportunities in the West. Ethiopia's main health problems are said to be communicable (contagious) diseases worsened by poor sanitation and malnutrition. These problems are exacerbated by the shortage of trained doctors and nurses and health facilities. The state of public health is considerably better in the cities. Birth rates, infant mortality rates, and death rates are lower in cities than in rural areas owing to better access to education, medicines and hospitals. Life expectancy is higher at 53, compared to 48 in rural areas. Despite sanitation being a problem, use of improved water sources is also on the rise; 81% in cities compared to 11% in rural areas. As in other parts of Africa, there has been a steady migration of people towards the cities in hopes of better living conditions. There are 119 hospitals (12 in Addis Ababa alone) and 412 health centers in Ethiopia. Ethiopia has a relatively low average life expectancy of 58 years. Infant mortality rates are relatively very high, as over 8% of infants die during or shortly after childbirth, (although this is a dramatic decrease from 16% in 1965) while birth-related complications such as obstetric fistula affect many of the nation's women. As of 2012, Ethiopia's prevalence of HIV/AIDS for adults aged 15–49 was estimated at 1.30%. The most affected are poor communities and women, due to lack of health education, empowerment, awareness and lack of social well-being. The government of Ethiopia and many private organizations like World Health Organization (WHO), and the United Nations, are launching campaigns and are working aggressively to improve Ethiopia's health conditions and promote health awareness on AIDS and other communicable diseases (Dugassa, 2005). Many believe that sexually transmitted diseases like gonorrhea result from touching a stone after a female dog urinates on it and there is a general belief that these diseases are caused by bad spirits and supernatural causes. Others believe that eating the reproductive organs of a black goat will help expel the diseases from those same organ in their body (Kater, 2000).
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Ethiopia has high infant and maternal mortality rate. Only a minority of Ethiopians are born in hospitals; most of them are born in rural households. Those who are expected to give birth at home have elderly women serve as midwives assist with the delivery (Kater, 2000) The increase in infant and maternal mortality rate is believed to be due to lack of women's involvement in household decision-making, immunization and social capital (Fantahun, Berhane, Wall, Byass, & Hogberg, 2007). On the other hand, the "WHO estimates that a majority of maternal fatalities and disabilities could be prevented if deliveries were to take place at well-equipped health centers, with adequately trained staff" (Dorman et al., 2009, p. 622). The low availability of health care professionals with modern medical training, together with lack of funds for medical services, leads to the preponderancy of less reliable traditional healers that use homebased therapies to heal common ailments. One common cultural practice, irrespective of religion or economic status, is female genital mutilation (FGM), also known as female genital cutting (FGC), a procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. The practice has been made illegal in Ethiopia in 2004. FGM is a pre-marital custom mainly endemic to Northeast Africa and parts of the Near East that has its ultimate origins in Ancient Egypt. Encouraged by women in the community, it is primarily intended to deter promiscuity and to offer protection from assault. The country has a high prevalence of FGM, but prevalence is lower among young girls. Ethiopia's 2005 Demographic and Health Survey (EDHS) noted that the national prevalence rate is 74% among women ages 15–49. The practice is almost universal in the regions of Dire Dawa, Somali and Afar; in the Oromo and Harari regions, more than 80% of girls and women undergo the procedure. FGC is least prevalent in the regions of Tigray and Gambela, where 29% and 27% of girls and women, respectively, are Page 42 of 53
affected. According to a 2010 study performed by the Population Reference Bureau, Ethiopia has a prevalence rate of 81% among women ages 35 to 39 and 62% among women ages 15–19. A 2014 UNICEF report found that only 24% of girls under 14 had undergone FGM. Male circumcision is also practiced in the country. About 76% of Ethiopia's male population is also reportedly circumcised. The Government of the Federal Republic of Ethiopia is signatory to various international conventions and treaties that protect the rights of women and children. Its constitution provides for the fundamental rights and freedoms for women. There is an attempt being made to raise the social and economic status of women through eliminating all legal and customary practices, which hinder women's equal participation in society and undermine their social status.
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Education & Culture Education Addis Ababa University entrance.
Education in Ethiopia had been dominated by the Orthodox Church for many centuries until secular education was adopted in the early 1900s.The current system follows very similar school expansion schemes to the rural areas as the previous 1980s system with an addition of deeper regionalization giving rural education in their own languages starting at the elementary level and with more budget allocated to the education sector. The sequence of general education in Ethiopia is six years of primary school, four years of lower secondary school and two years of higher secondary school. In 2004 school enrollment was more than that of many other African countries. The literacy rate has increased in recent years: according to the 1994 census, the literacy rate in Ethiopia was 23.4%, while it was 39% (male 49.1% and female 28.9%) according to 2007 estimates.
Culture Naming The Hager Fikir Theatre in Addis Ababa, founded in 1935.
Ethiopians have a different naming system to the family name-based Western system. Children add the given names of their father and paternal grandfather consecutively to their own given name. For compatibility purposes, as is done in passports, the grandfather's given name is taken as a family surname, and a person's given name and his/her father's given name form the first name. Everyone is addressed by his/her given name. In official situations, the prefixes Ato, also Ayte, is used for men; Weizero for married women; and Weizerit for unmarried women.
Calendar Ethiopia has several local calendars. The most widely known is the Ethiopian calendar, also known as the Ge'ez calendar. It is based on the older Alexandrian or Coptic calendar, which in turn derives from the Egyptian calendar. Like the Coptic calendar, the Page 45 of 53
Ethiopian calendar has twelve months of exactly 30 days each plus five or six epagomenal days, which comprise a thirteenth month. The Ethiopian months begin on the same days as those of the Coptic calendar, but their names are in Ge'ez. Like the Julian calendar, the sixth epagomenal day — which in essence is a leap day — is added every four years without exception on 29 August of the Julian calendar, six months before the Julian leap day. Thus the first day of the Ethiopian year, 1 Mäskäräm, for years between 1901 and 2099 (inclusive), is usually 11 September (Gregorian), but falls on 12 September in years before the Gregorian leap year. Also a seven- to eight-year gap between the Ethiopian and Gregorian calendars results from an alternate calculation in determining the date of the Annunciation of Jesus. Another prominent calendrical system was developed around 300 BC by the Oromo. A lunar-stellar calendar, this Oromo calendar relies on astronomical observations of the moon in conjunction with seven particular stars or constellations. Oromo months (stars/lunar phases) are Bittottessa (Iangulum), Camsa (Pleiades), Bufa (Aldebarran), Waxabajjii (Belletrix), Obora Gudda (Central Orion-Saiph), Obora Dikka (Sirius), Birra (full moon), Cikawa (gibbous moon), Sadasaa (quarter moon), Abrasa (large crescent), Ammaji (medium crescent) and Gurrandala (small crescent).
Time Time in Ethiopia is counted differently from in many Western countries. The Ethiopian day is reckoned as beginning at 6 AM as opposed to 12 AM, concurrently with sunrise throughout the year. To convert between the Ethiopian clock and Western clocks, one must add (or subtract) 6 hours to the Western time. For example, 2 AM local Addis Ababa time is called "8 at night" in Ethiopia, while 8 PM is called "2 in the evening".
Cuisine The best-known Ethiopian cuisine consists of various thick meat stews, known as wat in Ethiopian culture, and vegetable side dishes served atop injera, a large sourdough flatbread made of teff flour. This is not eaten with utensils, but instead one uses the injera to scoop up the entrées and side dishes. Almost universally in Ethiopia, it is common to eat from the same dish in the center of the table with a group of people. It is also a common custom to feed others in your group with your own hands – a tradition referred to as "gursha." Traditional Ethiopian cuisine employs no pork or shellfish of any kind, as they are forbidden in the Islamic, Jewish, and Ethiopian Orthodox Christian faiths. Chechebsa, marqa, chukko, michirra and dhanga are the most popular dishes from the Oromo. Kitfo (ʿʿʿ ), which originated from the Gurage is one of the widely accepted and favorite foods in Ethiopia. Tihlo—which is a type of dumpling— is prepared from roasted barley flour. It originated in Tigray Region and is now very popular in Amhara and spreading further south. Page 46 of 53
Music The music of Ethiopia is extremely diverse, with each of the country's 80 ethnic groups being associated with unique sounds. Ethiopian music uses a distinct modal system that is pentatonic, with characteristically long intervals between some notes. As with many other aspects of Ethiopian culture and tradition, tastes in music and lyrics are strongly linked with those in neighboring Eritrea, Somalia, Djibouti and Sudan. Traditional singing in Ethiopia presents diverse styles of polyphony (heterophony, drone, imitation and counterpoint). Traditionally, lyricism in Ethiopian song writing is strongly associated with views of patriotism or national pride, romance, friendship and most uniquely memoire known as 'Tissita'.
Sports The main sports in Ethiopia are athletics (particularly long distance running) and football (soccer). Ethiopian athletes have won many Olympic gold medals in track and field, most of them in long distance running. Haile Gebrselassie is a world-renowned long distance runner with several world record in his belt. Another sportsman, Kenenisa Bekele, is also a dominant runner, particularly in the 5,000 and 10,000 meters in which he holds the world records. Other notable Ethiopian athletes are Abebe Bikila, Mamo Wolde, Miruts Yifter, Derartu Tulu, Tirunesh Dibaba, Meseret Defar, Birhane Adere, Tiki Gelana, Genzebe Dibaba Page 47 of 53
and Gelete Burka. As of 2012 going into 2013 the current national Ethiopian football team (Walyia Antelopes) has made itself history by qualifying for the 2012 African Cup of Nations (CAF) and more recently by reaching the last 10 African football teams in the last stage of qualification for the 2014 FIFA World Cup. Noted players include captain Adane Girma and top scorer Saladin Seid. Ethiopia has Sub-Saharan Africa's longest basketball tradition as it established a national basketball team as early as 1949.
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Attachment A The Ethiopian Legal System
Page 53 of 53
173
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM Ameha Wondirad*
This paper provides a bird's eye view of the legal system in Ethiopia with particular focus on the current government that came into power in 1991 after a military victory over the dictator Mengstu rule that reigned between 1974 and 1991. This paper looks into the FDRE Constitution, the proclamations and other relevant materials. Thus, the paper gives an insight into the main features of the FDRE Constitution followed by the law-making institutions of the FDRE, the court system at the federal and state levels, Alternative Dispute Resolution (ADR) mechanisms, and the law enforcement agencies. Finally, the sources of laws and law practice are briefly considered. La rareté des études sur le système légal Ethiopien justifie à elle seule l’intérêt de cette contribution. Depuis 1991, date de la chute du dictateur Mengstu à la tète du pays depuis 1974, le gouvernement Ethiopien a conduit une série d’importantes réformes institutionnelles, au premier rang desquelles la création en 1994 de la République fédérale démocratique d'Éthiopie (RFDE). Ces réformes successives servent de fil conducteur aux développements de l’auteur qui analyse successivement les sources du droit, la Constitution de la RFDE, les modalités d’élaboration de la loi, le système judiciaire et les modes de règlement des conflits en Éthiopie.
I
INTRODUCTION
Ethiopia is located in East Africa in the sub-region known as the Horn of Africa. It covers an area of about 1.2 million square kilometres. It is bordered by Sudan to the west, South Sudan to the south west, Kenya to the south, Somalia and Djibouti to the east, and Eritrea to the north. It has a population of 86,538,530.1 Life expectancy at birth is 59.7. About 85 per cent of the population live in rural areas
*
LLB (Mekelle), Legal Executive Diploma (New Zealand). Research Assistant, Faculty of Law, Victoria University Wellington. This is an edited version of a paper presented to the NZACL in August 2013.
1
United Nations Development Programme Report 2013.
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and earn their living from agriculture, which is the backbone of the country's economy. The country has an annual per capita income of about USD 418. The Ethiopian currency is known as Birr.2 Ethiopia has a diverse population, with more than 85 distinct ethnic groups. Orthodox Christianity, Protestantism, Islam, Catholicism, Judaism and indigenous religious beliefs are practised. Ethiopia is one of the most ancient and oldest independent nations in Africa. Conventionally the historical formation of the Ethiopian state goes back at least three thousand years.3 The formation of contemporary Ethiopia as a state, however, was by Emperor Menilik II in the late 19th century. The Emperor is well-known for defeating the Italian colonial army at the battle of Adwa. Adwa was a watershed both in the survival and evolution of the modern empire state of Ethiopia. 4 After the death of the Emperor, political power was taken over by the short-lived succeeding rulers, Lij Iyasu and Empress Zewditu. Emperor Hailesilassie was the next ruler to succeed to the throne. This Emperor is acknowledged for modernisation of the bureaucracy system. He, for example, introduced the first modern constitution to the country in 1931. The Emperor faced internal challenges following the end of the five-year Italian occupation. The 1931 Constitution was revised in 1955 to cope with the political, social and economic changes witnessed in the country. The 1960 attempted coup proved the dissatisfaction of the mass that led to the popular Ethiopian revolution of the 1974 mainly led by the radical and left-wing intellectuals. The absence of organised political groups during the revolution resulted in the hijacking of the state power by a group of junior military officers called Derg in September 1974. The Derg regime failed to ensure the prevalence of rule of law and experienced both internal and external conflict. In 1991 the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF) instigated a successful military attack on Colonel Mengstu.5 In May 1991, EPRDF took control of Addis Ababa, the capital and largest city. Following this, the Peace and Democracy Conference held in July 1991 in Addis Ababa proclaimed the Transitional Period Charter, a precursor to the Constitution, and also instituted the transitional Government of Ethiopia. 6 In December 1994 the Constitution of the
2
Ethiopia's unit of currency which literally means silver. At the current market rate 18 birr is equivalent to 1 USD.
3
Merera Gudina Ethiopia: From Autocracy to Revolutionary Democracy (Addis Ababa University, Addis Ababa, 2011) at 1.
4
Ibid.
5
Military ruler of Ethiopia who was in power for 17 years.
6
Fasil Nahom Constitution for Nation of Nations: The Ethiopian Prospect (Asmara, Eritrea, 2004) at 38.
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
Federal Democratic Republic of Ethiopia (FDRE)7 was ratified by the newly elected federal parliament. This paper provides a bird's eye view of the legal system in Ethiopia with particular focus on the current government that came into power in 1991 after a military victory over the dictator Mengstu rule that reigned between 1974 and 1991. This paper looks into the FDRE Constitution, the proclamations and other relevant materials. Thus, the paper gives an insight into the main features of the FDRE Constitution followed by the law-making institutions of the FDRE, the court system at the federal and state levels, Alternative Dispute Resolution (ADR) mechanisms, and the law enforcement agencies. Finally, the sources of laws and law practice are briefly considered.
II
THE FDRE CONSTITUTION AND ITS MAIN FEATURES
The current Constitution of Ethiopia came into effect in 1995. It is a document of 106 articles 8 contained in ten chapters. As stated in the Preamble, the creators of the Constitution are the "nations, nationalities and peoples of Ethiopia". In terms of form, the Preamble comes first, followed by general provisions, and then by the basic principles of the Constitution, human rights, state organs, local government, national policy objectives and principles and amendment rules. The following are the main features of the FDRE Constitution. 9 The Establishment of Federal System: Federalism is an important feature of the Constitution. The Constitution declares Ethiopia to be a federal polity with nine regional states based on ethno-linguistic patterns. Federalism was introduced as the culmination to the long-standing 'national question, 10 and as a reaction to and result of a long history of a centralist tendency that was pursued harshly by successive governments in the past. Ethnicity: Ethnicity is of great importance in the Constitution. The wording of the Preamble of the Constitution begins with "We, the nations, nationalities and peoples of Ethiopia. ..."11 This symbolises a constitution of the Ethiopian citizens
7
Hereafter called "FDRE".
8
Footnote references are to articles of the FDRE Constitution.
9
Nahom, above n 6, at 49–64.
10 Markakis (2003) as cited in Tsegaye Regassa "State Constitution in Federal Ethiopia; Preliminary Observation" (Paper presented at the Ballagio Conference, 2004). 11 See Preamble to the FDRE Constitution.
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not simply taken together as a people but as citizens in their different ethnolinguistic groupings. The ethno-linguistic groupings and the nationality issue have historico-political and socio-economic significance beyond the cultural and linguistic expressions. "We the nations, nationalities and peoples. ...." recognises Ethiopia as a nation of nations. 12 Parliamentary Democracy: The Constitution establishes a parliamentary democracy.13 There are two houses known as the Federal Houses. They are the House of Peoples' Representatives (HPR) and the House of Federation (HF). The Constitution also provides for a one house State Council at the state level. The HPR is the highest authority of the Federal Government and the State Council is the highest organ of state authority. The HF which is composed of representatives of Nations, Nationalities and people is the other representative assembly with specific power, including the ultimate "power to interpret the Constitution.14 Right to Secession: The right to secession is part of the broader right to selfdetermination. It is one of the most controversial articles of the Constitution as many argue that it endangers unity. The right to secession is the ultimate extension and expression of the right to self-determination and the Constitution provides a detailed set of procedures for the way in which this right may be exercised. 15 Ownership of Land: Land is an item of the Constitution which is hotly debated, but on economic rather than political grounds. The Constitution states that, "the right to ownership of rural and urban land ‌ is exclusively vested in the state and in the people of Ethiopia". It goes on to add, "Land is a common property of the nations, nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of transfer". 16 The general principle is that land, urban or rural, should not be considered simply as a market commodity. According to art 40 of the Constitution, all urban and rural land is the property of the state and the Ethiopian people. Language: Article 5 provides both for the equality of languages and for their practical application in government. Accordingly, all 85 Ethiopian languages enjoy equal state recognition, The Amharic language is the working language of the
12 Nahom, above n 6, at 51. 13 Article 45. 14 Articles 53–62. 15 Article 39(1). 16 Article 40(3).
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
FDRE. However, states of the federation may by law determine their own working language. 17 Religion: Religion has played an important part in Ethiopian constitutional history over the centuries. From paganism to archaic Judaism, from Christian Orthodoxy to Islam, and from Catholicism to Protestantism, they have all left their strong imprint at one time or other in Ethiopian constitutional history. There has been no time in Ethiopia's monarchical history when there has not been a state religion. The 1995 Constitution avoids such practice. According to art 11 state and religion are separate. There is no state religion and the state shall not interfere in religious matters and religion shall not interfere in state matters. 18 Fundamental Rights and Freedoms: A significant thrust of the Constitution is in the field of fundamental rights and freedoms. Nearly one third of the provisions of the Constitution deal with fundamental rights and freedoms. These rights are divided into human rights19 and democratic rights.20 Generally, the Constitution incorporates first, second, and third generation rights. However, the compartmentalisation of rights as human rights on the one hand and democratic rights on the other is not watertight. The Constitution is in compliance with UNDHR and other international human right instruments.21 Constitutional Interpretation: The ultimate interpreter of the Constitution is not the highest court of law, but the HF.22 The Constitution establishes the Council of Constitutional Inquiry, 23 a body of mostly legal experts of high standing, headed by the Chief Justice of the Federal Supreme Court, to examine constitutional issues and submit its findings to the House of Federation. The HF thus has the competent and authoritative legal advice of the Council of Constitutional Inquiry before it makes its decision on constitutional issues. Constitutional Amendment: The Constitution is a rigid one. Amending it involves a long procedure. The formal initiation of constitutional amendment can 17 Article 5(1), (2) and (3). 18 Article 11(1), (2) and (3). 19 Articles 14–28. 20 Articles 29–44. 21 Article 13(2). 22 Article 62(1). 23 Article 63(2).
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come from either regional or federal legislative organs. Where an initiative comes from the regions, a third of State Councils must have supported a draft by majority vote. Otherwise either of the Federal Houses can initiate a constitutional amendment by a two-thirds majority vote.24 State of Emergency: The Constitution stipulates specific procedures and institutions on a temporary basis when situations arise that amount to a state of emergency. The Council of Ministers has the power, under such circumstances, to issue a decree proclaiming a state of emergency and, through regulations, take the measures necessary to protect the country's sovereignty and peace, and to maintain public security, law, and order. To this end, the Council of Ministers may suspend the democratic and political rights provided for in the Constitution. 25 Inter-governmental Relations: The relationship between the federal government and the states is regulated by the federal constitution. The Constitution lists the federal powers, the state/region powers, concurrent powers, and leaves residual powers to the states.26 The principle of 'mutual respect'27 between federal and state governments and 'mutual non-interference'28 in one another's affair is recognised in the Constitution. 29
III
LAW MAKING INSTITUTIONS
A Federal Institutions The highest legislative authority is the House of Peoples' Representatives (HPR). The members of the HPR are elected by a plurality of the votes cast in general elections every five years. Members of the HPR are popularly elected for a five-year term in a "first-past-the-post" electoral system. 30 The HPR has 550 members, and at least 20 seats are reserved for minority nationalities and peoples in order to ensure their representation. 31 Members of the HPR are representatives of the nations, nationalities and peoples of Ethiopia. They are governed, as clearly
24 See arts 104 and 105. 25 Article 93. 26 Articles 50–52. 27 Tsegaye Regassa "State Constitution in Federal Ethiopia; Preliminary Observation" (Paper presented at the Ballagio Conference, 2004) at 4. 28 At 4. 29 Articles 47(4) and 50(8). 30 Girmachew Alemu Introduction to the Ethiopian Legal System and Legal Research (Addis Ababa University, Addis Ababa, 2010). 31 Article 54(3).
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
indicated, by the Constitution by the will of the people and their conscience. Members of the House are granted immunity from arrest and prosecution without the permission of the HPR except in the case of flagrante delicto. The Federal Democratic and Republic of Ethiopia has basically a parliamentarian form of government, 32 where the political party or coalition of political parties that has the greatest number of seats in the HPR forms and leads the executive wing and approve the appointment of members for the executive Council of Ministers and the Prime Minister. The HPR also nominates the candidate for the President, who must then be approved by a two-thirds majority of both Houses of the parliament. The President has titular power, but should formally sign all laws coming from the HPR.33 The Prime Minister has the real executive powers, According to art 55, the most important function of HPR is to enact laws on matters assigned to the federal jurisdiction and ratify national policy standards. The article spells out that the HPR also exercises other important functions including the appointment of federal judges, the ratification of international agreements and the investigation of the conduct of members of the executive, establishing the Human Right Commission and the institution of the Ombudsman. 34 The House of the Federation (HF) is the upper house in the federal government. The HF functions as the representative institution for the regional units, but in the FDRE It is composed of representatives "of representatives of nations, nationalities and Peoples".35 Each nation, nationality and people should officially be represented by at least one representative in the HF. Additionally, each nation and nationality can be represented by one additional representative for every one million of its population. Members of the HF are elected by the State Councils in each regional state. The HF is given the most important power of the interpretation of the FDRE Constitution. The HF is also empowered to decide on issues related to the rights of states to selfdetermination including secession, find solutions to disputes between states, and
32 Article 45. 33 Article 71(2). 34 Article 55. 35 Article 61.
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determine the allocation of joint federal and state revenues and the federal subsidies to the states.36
1 The Federal Executive (a) The Prime Minister The power of government is granted to the party that wins the majority of the seats in the HPR and the highest executive powers of the federal government are vested in the Prime Minister (PM) and Council of Ministers, who are accountable to the HPR. The PM is elected from among members of the HPR and is not subject to any limit on the number of terms that may be served. The powers and functions of the Prime Minister include;37
Acting as PM is the Chief Executive, the Chairman of the Council of Ministers, and the Commander-in-Chief of the national armed forces. Submitting for approval to the HPR nominees for ministerial posts from among members of the two Houses or from among persons who are not members of either House and possess the required qualifications. Following up and ensuring the implementation of laws, policies, directives and other decisions adopted by the HPR. Leading the Council of Ministers coordinates its activities and acts as its representative.
(b) The Council of Ministers The Council of Ministers is vested with the highest executive authority. The Council of Ministers comprises the PM, the Deputy Prime Minister, Ministers and other members as may be determined by law. 38 Powers and functions the Council of Ministers,39 include the following;
Ensuring the implementation of laws and decisions adopted by the HPR. Deciding on the organisational structure of ministries and other organs of government responsible to it. It also coordinates their activities and provides leadership. Drawing up the annual Federal budget and, when approved by the House of Peoples' Representatives it implements it.
36 See arts 61 and 62. 37 Article 73(1) and (2). 38 Article 76(1)–(3). 39 Article 77.
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
2 Federal Courts (a) Structure and Jurisdiction The Constitution recognises the establishment of an independent judiciary that has a dual judicial system: the federal courts and the state courts with their own independent structures and administrations. Judicial powers, both at federal and state level, are vested in the courts. 40 The Constitution states that the supreme federal judicial authority is vested in the Federal Supreme Court and empowers the HPR to decide by a two-third majority vote to establish subordinate federal courts, as it deems necessary, nationwide or in some parts of the country. 41 There is a Federal Supreme Court that sits in Addis Ababa with national jurisdiction. Federal High Courts have been established in five States. Federal courts at any level may hold circuit hearings at any place within the State where they are established or in any area designated for its jurisdiction" if deemed "necessary for the efficient rendering of justice." Each court has a civil, criminal, and labour division with a presiding judge and two other judges in each division. 42 Adjudication by religious and customary courts is recognised. A three-tier Federal Islamic court whose jurisdiction is established by the consent of the parties is also recognised.'43 The Federal Supreme Court includes a cassation division which has the power to review and overturn decisions issued by lower federal courts and state supreme courts containing fundamental errors of law. In addition, judicial decisions of the Cassation Division of the Federal Supreme Court on the interpretation of laws are binding on Federal as well as State courts.44 The Federal Courts Proclamation allocates subject-matter jurisdiction to federal courts on the basis of three principles: laws, parties and places. It stipulates that federal courts shall have jurisdiction over cases arising under the Constitution, federal laws and international treaties and over parties specified in federal laws." Article 3(3) of the Federal Courts Proclamation states that federal courts have judicial power in places specified in the Constitution or in federal laws. Article 5 of
40 Article 79(1). 41 Article 78. 42 Proclamation No 25/1996, arts 20 and 23. 43 Article 78(5). 44 Proclamation No 25/1996, art 10.
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the same Proclamation stipulates that federal courts shall have civil jurisdiction over: cases to which a federal government organ is a party; suits between persons permanently residing in different regions; cases regarding the liability of officials or employees of the federal government in connection with their official responsibilities or duties; cases to which a foreign national is a party; suits involving matters of nationality; suits relating to business organizations registered or formed under the jurisdiction of federal government organs; suits regarding negotiable instruments; suits relating to patent, literary and artistic-ownership rights; and suits regarding insurance policy and application for habeas corpus.
Article 4 of the Federal Courts Proclamation gives federal courts criminal jurisdiction over offences against the national state; offences against foreign states; offences against the law of nations; offences against the fiscal and economic interests of the federal government; offences regarding counterfeit currency; offences regarding forgery of instruments of the federal government; offences regarding the security and freedom of communication services operating within more than one region or at international level; offences against the safety of aviation; offences of which foreigners are victims or defendants; offences regarding illicit trafficking of dangerous drugs; offences falling under the jurisdiction of courts of different regions or under the jurisdiction of both the federal and regional courts as well as concurrent offences and offences committed by officials and employees of the federal government in connection with their official responsibilities or duties. (b) Accountability and Administration The Constitution provides that the President and Vice-President of the Federal Supreme Court shall be appointed by the House of Peoples' Representatives upon the recommendation of the Prime Minister; other federal judges are appointed by the HPR from a list of candidates selected by the Federal Judicial Administration Commission.45 The Constitution prohibits the removal of judges before retirement age except for violation of disciplinary rules, gross incompetence or inefficiency, or illness that prevents the judge from carrying out the judicial responsibilities. Such determinations are made by the Federal Judicial Administration Commission,
45 Article 81.
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
which likewise decides issues of appointment, promotions, discipline and conditions of employment. 46 The Federal Judicial Administration Commission is a nine-member body that consists of six Federal judges and three members of the HPR.47 The Commission is composed of the following members:
The President of the Federal Supreme Court, Chairman. The Vice-President of the Federal Supreme Court. Three members of the HPR. The most senior judge of the Federal Supreme Court. The President of the Federal High Court. The most senior judge of the Federal High Court. The President of the Federal First Instance Court.
The day-to-day operations of the Federal Courts in Ethiopia are supervised and managed by court presidents, who therefore act both as judges and administrators with responsibilities and obligations to the President of the Supreme Court. 48
B State Institutions The Constitution confers equal recognition for both the states49 and the federal government. The Federal Democratic Republic of Ethiopia (FDRE) consists of two layers of government, the Federal Government and nine states (also referred to as regions or regional States) and two federal cities, Addis Ababa and Dire Dawa. The nine states of the federation are the State of Tigray, the State of Afar, the State of Amhara, the State of Oromia, the State of Somalia, the State of Benshangul /Gumuz, the State of the Southern Nations, Nationalities and Peoples, the State of
46 Article 81(4). 47 Proclamation No 24/1996, art 4(1). 48 Proclamation No 24/1996, arts 16 and 18. 49 The Constitution gives much power to the regional states. Collectively, the regional states are granted the status of a nation. They are given self-determination up to secession as per article 39 of the Constitution. Under the Constitution Self-determination is broadly understood to mean as the use and development of one's language, culture, history and administrative structure. Beyond the "unrestricted right to administer itself", self-determination also includes proportional representation at federal organs. In order to resolve conflicting claims over representation, territory and resource, the Constitution has created the House of Federation whose members are elected by State Councils. The ethnic groups are represented at this institute. This House is composed of "representatives of nations, nationalities and people" at least one for each of them, plus an additional member for nation or nationality for each one million of its population".
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Gambela, and the State of Harari People. 50 When closely looked at art 94 of the Constitution, shows that the above stated regions are not only independent financially but structurally as well.51 In addition, The Constitution confers on executive, judicial and legislative powers on the Regional Governments like the Federal one.
1 The State Legislature The state legislature is the highest law-making organ in the state. The state legislature promulgates laws in areas that fall under the exclusive jurisdiction of the state government. Under the supreme law of the land of Ethiopia52 states are given power to institute a legislative organ called the state council. The state council is composed of members elected by the state people for a term of five years. Most states have a unicameral parliament that both enacts laws and decides State constitutional issues. In at least two states, however, second legislative houses have been established to decide State constitutional issues, similar to the role of the Federal House of Federation. Where such structure exists at State level, they are known as the House of Nationalities.
2 The State Executive State councils of the regions are also responsible for appointment of the executives in charge of the various organs of State. The respective constitution of each state stipulates that the State Councils are entrusted with forming the Executive Committee, which is the highest state-level executive organ. State executive bodies are responsible for the execution of laws, policies and strategies falling within their jurisdiction. These include administering land and other natural resources in keeping with federal laws and formulating and execution economic, social and development policies, strategies and plans of the state in question.53 The State administration has a Chief Administrator, or Regional Administrator as its chief executive officer. The Chief Administrator is elected from among members of the State Council by a political party or coalition of political parties that constitutes a majority in the State Council. The Chief Administrator establishes
50 Article 47. 51 Article 94 of the Constitution deals with division of revenue between the federal and regional states and according to this article the Federal Government and the States shall respectively get revenue to cover all financial expenditures necessary to carry out all responsibilities and functions assigned to them by law. 52 The Constitution is silent as to which law shall prevail in case of conflict between the laws made by the Regional and the Federal Government. 53 Article 52.
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
the State Executive Council and nominates its members. The members of the State Executive Council (the Chief Administrator, Deputy Administrator and the heads of the various regional bureaus) need to be confirmed by the State Council. The State executive structure is replicated at lower state administration levels such as zones and districts.54
3 State Courts55 (a) Structure and Jurisdiction The Constitution provided for a three tier of federal and state judicial system. The state courts in addition to original jurisdiction also assume delegate jurisdiction over federal matters for example, the state supreme court (which also incorporates a cassation bench to review fundamental errors of state laws), high courts, and first Instance courts.56 State supreme courts sit in the capital cities of the respective states and have final judicial authority over matters of State law and jurisdiction. State high courts sit in the regions of states while state first instance courts sit at the lowest administrative levels of states (b) Accountability and Administration The state systems of judicial administration and accountability mirror the federal process. The state governments have also established judicial administration commissions with a view to safeguarding the independence and accountability of state courts. With respect to appointment, the President and VicePresident of the state Supreme Court are recommended by the President (Chief Executive Office) of the states and appointed by the State Council; all other State judges are appointed by the State Council based upon recommendations made by the State Judicial Administration Commission. Similar guarantees of tenure of judges exist in State Judicial Administration Commissions.
54 Zones and woredas are the lowest administrative units of state government. 55 States have their own courts. For instance, as per art 3 and art 27(b) of the Oromia National Regional State Courts Proclamation No. 6/1995, the Region has four tiers of courts, namely: the Social Courts, District Courts, Zonal Courts and Supreme Court. The Oromia National Regional State has also a cassation division within its Supreme Court. Petitions can be filed in the Cassation Division of the Federal Supreme Court from any level of the federal or state courts, both on federal and regional matters if the decision being challenged is final and contains a basic error of law. 56 Article 78(3).
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C Municipal Court57 The Addis Ababa City Charter creates two levels of City Courts exercising municipal jurisdiction: First Instance and Appellate Courts. There is no Supreme Court in the municipal system, although a cassation bench is included within the Appellate Court. Cassation review of the Appellate Court decisions can be brought before the Federal Supreme Court, which also decides jurisdictional conflicts between the city and federal courts. The Addis Ababa City Courts have civil and petty offence jurisdiction.
D Social Courts The Addis Ababa City Charter established Social Courts at Kebele58 level (more than 200 Kebeles exist in Addis Ababa) to hear property and monetary claims up to 5,000 birr. Social Court decisions can be appealed to the First Instance City Courts. If there is a fundamental error of law in the decisions of the First Instance City Courts on appeal from Social Courts, it can be a ground for cassation before the Appellate Court of the city. Some States have also established Social Courts that handle small claims and minor disputes.
E Religious Courts The Constitution provides the framework for the independent validity of nonstate or unofficial laws such as customary and religious laws in some fields of social activity. Article 34(5) of the Constitution provides that: "This Constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious and customary laws, with the consent of the parties to the dispute. Particulars shall be determined by law." Art 78(5) of the Constitution also stipulates that: As per art 34(5) the House of representative and state councils can establish or give official recognition to religious and customary courts. Religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution.
Formal legal pluralism under Ethiopia's new constitutional order is confined to matters of personal status and family law.
57 It is one of the judicial organs of the Addis Ababa city government such as Labor Relations Board, Civil Service Tribunal, Tax Appeal Commission and Kebele Social Courts. 58 The lowest administrative unit in the Government.
AN OVERVIEW OF THE ETHIOPIAN LEGAL SYSTEM
To date, Sharia Courts that apply Islamic law are the only religious courts that have been officially established both at the federal and state levels. Sharia Courts apply only Islamic law and have their own appellate system. 59 They are required, however to follow the procedural rules of ordinary courts and receive their budgets from the state. Parties must voluntarily submit to the jurisdiction of these courts, or the dispute should be redirected to the regular courts. All the federal Sharia courts are accountable to the Federal Judicial Administration Commission. All of the State Councils have given official recognition to Sharia Courts within their respective jurisdictions.
IV
ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
Alternative dispute resolution mechanisms are used in Ethiopia to settle conflict via processes other than formal litigation that take place in the court of law. These mechanisms could be either customary or traditional or found in formal laws and institutions. The mechanisms are included in; (1) The 1960 Ethiopian Civil Code which deals with alternative dispute resolution mechanisms such as conciliation, compromise and arbitration. 60 (2) The labour law.61 (3) The Ombudsman.62 (4) Ethiopian Human Rights Commission.63 (5) The Ethiopian Arbitration and Conciliation Centre and the Draft Mediation Law.64
V
LAW ENFORCEMENT AGENCIES
At the federal level, the law enforcement agencies include the Ministry of Justice, the Federal Police Commission and the Federal Prison Commission.
59 There is no appeal from the decisions of the Sharia courts to the regular court structure as per art 5 of Proclamation 188/99. 60 Civil Code of Ethiopia, arts 3307, 3318, 3325–3345. 61 See Proclamation No 377/2003. 62 See Proclamation No 211/2000. 63 See Proclamation 210/2000. 64 This is a non-governmental and non-for profit organisation established by a group of lawyers in March 2004 which aims at providing alternative dispute resolution services for the settlement of disputes in, among others, business, labor and family relations.
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The Federal Ministry of Justice, an executive organ of the government, has the primary authority for prosecution of cases falling under the jurisdiction of federal courts.65 Federal Police Commission Proclamation No 313/213 establishes the Federal Police Commission66 which is accountable to the Ministry of Federal Affairs. The Federal Prisons Commission was established by Proclamation No 365/2003 as an institution accountable to the Ministry of Federal Affairs. The objectives of the Commission are to admit and hold prisoners in custody, and provide them with reformative and rehabilitative service in order to enable them to make the attitudinal and behavioural change necessary to become law abiding, peaceful and productive citizens. At the state level, the state judicial bureaus, and state police and prison commissions are established to enforce the law of the country. The State Justice Bureaus are part of the executive branch of the state government. They have similar powers and functions with that of the Federal Ministry of Justice. The Head of a State Justice Bureau has similar powers with those of the Federal Minister of Justice. States are also allowed to establish their own Police and Prison Commissions. The Police and Prison Commissions of the States are accountable to the State Justice Bureaus. Even though the State Police and Prison Commissions are functionally independent, they are obliged to cooperate with their federal counterparts in order to maintain and improve conditions of prisons across the nation.67
65 See art 23 of Proclamation 471/2005 which itemises the powers and duties of the Ministry of Justice. 66 Proclamation No 313/213, art 6 provides that the powers and functions of the Federal Police. 67 Federal Prisons Commission Establishment Proclamation No 365/2003, art 34.
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VI
SOURCES OF ETHIOPIAN LAWS68
A Source of Federal Laws 1 The Constitution It is stated in the Constitution that any proclamation, regulation, directive and practice which is in contradiction with the Constitution is void.69 The Constitution is, thus, the supreme law of the land and as such, all laws of the country derive their legal validity from the Constitution. 2 International Treaties International treaties evidence an acceptance of a principle as international law by the parties to the treaty. As per art 9(4) of the Constitution 'all international agreements ratified by Ethiopia are an integral part of the law of the land.' Every international agreement to which Ethiopia is a party has to be ratified by the HPR and published in Negarit Gazette to be enforceable. Therefore, all international agreements to which Ethiopia is a party are considered as Ethiopia laws. Article 13(2) of the Constitution also provides that the fundamental rights and freedoms recognised under Chapter 3 of Constitution shall be interpreted in a manner conforming to International Covenants on Human Rights and international instruments adopted by Ethiopia, and for all purpose of human rights and freedoms, the Constitution is interpreted in line with international law. Ethiopia has been a champion in ratifying many international and regional treaties. For instance, Ethiopia has ratified the African Charter on Human and Peoples Rights , the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the 1965 Convention on the Elimination of Racial Discrimination, the 1982 Convention Against Torture and other Cruel,
68 The term `source of law` has a couple of connotations. One sense of the term might suggest all the pieces of information used in the preparation of a legal document. A legal document may be a constitution, a proclamation, a regulation, a directive, a testament and any other legal document. This sense of the term is also referred to as a material source. Material source of the document may be obtained from public opinion, pertinent books, experts, past legislation, foreign sources and research, etc. Secondly, the term refers to the reason that a given legal rule is valid or must be respected. 69 Article 9(1).
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Inhuman or Degrading Treatment or Punishment, and the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Ethiopia also ratified the Optional Protocol on the involvement of the Child in Armed Conflict (OPAC) in 2000.
3 Codes and Statutes70 During the period between 1957 and 1965, six comprehensive legal codes were enacted in Ethiopia. A new Penal Code was introduced in 1957, which largely drew upon its counterpart in Switzerland. In the 1960s, in rapid succession, a large body of law was introduced into Ethiopia in the form of five codes. 71 First, the Civil, Commercial and Maritime Codes in 1960, followed by the Criminal Procedure Code in 1961, and finally, the Civil Procedure Code in 1965. All of the six codes were promulgated in the form of proclamations as extraordinary issues of the Negarit Gazetta.72 Both the Revised Family Code73 which applies only within the federal jurisdiction, and a Criminal Code in force throughout Ethiopia, were promulgated by proclamations in 2000 and 2005 respectively. The Criminal Procedure Code follows the inquisitorial system of adjudication.
4 Decrees, Regulations and Directives The Council of Ministers of the Federal Government can issue regulations. Federal ministries issue directives. The mandate to issue regulations and directives of the Council of Ministers and Ministries respectively emanates from the HPR as expressed in primary legislation. Moreover, the Council of Ministers of the Federal Government is empowered to decree of state of emergency should an external invasion, a breakdown of law and order which endangers the constitutional order and which cannot be controlled by the regular law enforcement agencies and personnel, a natural disaster, or an epidemic occur.74
70 Statutes were used as information in the making of the Ethiopian codes. In the 1920s, early 1930s and 1940s Ethiopia passed several statutes. The following may be cited as examples: the nationality law, company law, loan law, bankruptcy law, business registration law and banking law. The 1930 Nationality Law was in force until it was replaced by the Ethiopia Nationality law Proclamation no 378/2003. The Ethiopian Nationality Law of 1930 adopted the principle of jus sangunis which states that a person gets the nationality of a country if s/he is born from an Ethiopian father or Ethiopian mother. The other basic nationality principle, jus soli, states that a person gets nationality of a country where s/he is born. 71 This was the result of Ethiopia's open door foreign policy and growing diplomatic relations with the West. 72 See Civil Code of the Empire of Ethiopia Proclamation No 165 of 1960. 73 It repealed and updated a chapter of the Civil Code which dealt with family law. 74 Articles 77(10) and 93(1).
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5 Precedents A precedent is a judicial decision, normally recorded and used as an authority for reaching the same decision in subsequent cases by virtue of the doctrine of stare decisis. Pursuant to art 2(1) of the Federal Courts Amendment Proclamation, a judicial decision by the Cassation Division of the Federal Supreme Court75 on the interpretation of a law is binding on Federal and State Courts at all levels. 76
6 Customary Laws Customary laws were used, to some extent, as a material source of the Ethiopian codes. The orthodox view of customary law is that it is a practice habitually followed by the majority of the members of a given community for a relatively long period of time with the intention to be bound by it. The drafter of the Ethiopian civil code Professor David stated that he included a number of customary rules in to the Civil Code of Ethiopia using number of different methods.77
B Source of State Laws 1 State Constitution As stipulated in art 52(2)(b) of the Constitution, states can promulgate their own constitutions. Currently, the nine states of Ethiopia have their own constitution in conformity with the Constitution. The states' constitutions declare supremacy within each State.
75 At present, the Cassation Division of the Federal Supreme Court, located at the apex of the court system in Ethiopia, is a judicial unit of last resort. It considers any final court decision over any matter, whether federal or regional and regardless of the tier of the court, provided such decision contains an error of law. 76 Proclamation No 25/1996, art 10. 77 Professor Rene David stated that he used several methods to make customary laws as a source of the Ethiopian law. One method is incorporation. The term ``incorporation`` refers to the direct writing of a given customary rule into a code. He stated that he incorporated customary rules if those rules met the following criteria; when the custom was sufficiently general as to be practiced by at least a majority of the highland population, the custom was not repugnant to natural justice which permeated that an ultimate old collection of secular law and religious authority, the Fetha Negast, the custom was not contrary to imperatives of social and economic progress and the custom was sufficiently clear and articulate as to be capable of definition in civil law terms. The second means used to give room for custom is explicit reference to custom. Professor David also stated that several provisions in the Ethiopian Civil Code made an explicit reference to custom. The third strategy the drafter of the Civil Code used was to give a gap-filling role to custom. The idea was to state that whenever the Code is silent about a given issue, custom might step in. art 3347 on custom and its applicability is designed to play this role. Fourthly, judges are permitted to attach customary meanings to disputable code terms.
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2 State Proclamations The Constitution also allows states for administrative convenience to issue proclamations on matters falling under their jurisdiction.78.For instance, the States of Tigray, Amhara, Oromia and the Southern Nations, Nationalities and People have enacted their own Family Codes.
3 State Decrees, Regulations and Directives The Constitution clearly points out that State Executive Councils are empowered to decree a state-wide state of emergency should a natural disaster or an epidemic occur. State regulations and directives are issued by State Executive Councils and State Bureaus by virtue of the power delegated to them by State Councils of the State legislature. 79
C Hierarchy80 Article 9(1) of the Constitution proclaims that any law, customary practice or a decision of an organ of state or public official, which contravenes the Constitution, shall be of no effect. Thus, the Constitution is the highest law of the land. It has pre-eminence over all federal as well as state laws. The place of international agreements in the hierarchy of laws of Ethiopia is still a point of disagreement to many scholars. However, in practice, international agreements are referred to by judges as having the same status as proclamations. These are followed by regulations, decrees and directives respectively. When a decree is adopted by the House of Representatives, it becomes a Proclamation. The same hierarchy applies to State laws.
VII BECOMING A LAWYER According to a recent report by the Ministry of Justice, there are 1751 Federal Court lawyers and 712 First Instance Court lawyers at the Federal level. Becoming a lawyer in Ethiopia requires the relevant training,81 experience and being aware of judicial procedures. For a person to work as a lawyer in Ethiopia, he/she must be of Ethiopian nationality. Lawyers should play their part in working cooperatively with judicial organs for ensuring the operation of the rule of law and the prevalence of justice.
78 Article 52(1). 79 Article 93(b). 80 There are, however scholars having a different perspective on the hierarchy of laws in Ethiopia as to what comes first, the decree or the constitution. 81 Legal training given by a recognised tertiary education institution.
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The type of licence that is required from a lawyer varies as to the level of court in which he/she is going to represent a client. There are the Federal First Instance advocacy licence, the Federal Courts advocacy licence and a federal court special advocacy licence. Each requires a different level of qualification, experience and indemnity insurance. The Ministry of Justice is in charge of matters related to licence: It issues, renews, suspends and revokes licences. The Ministry also forms and runs the Advocacy Disciplinary Council which is an organ with the power to investigate charges brought against lawyers who violate the lawyer's code of conduct directive. 82
A Types of Licence Proclamation No. 199/20083 provides for three types of licences. In the first type, an applicant who wants to appear at the Federal First instance court needs to have the Federal First Instance Court Advocacy Licence which requires the applicant to have five years of experience for a law diploma graduate or two years of experience for a law degree graduate. The second type is the Federal Courts Advocacy Licence. This licence requires a law degree and five years of relevant experience. A lawyer with this licence can represent a client at all levels of courts. Both the above licences entail that applicants must have a professional indemnity insurance and pass advocacy entrance exam. The other requirement for both of the licences is that applicants have not been convicted and sentenced for an offence involving an improper conduct. The third type is the Federal Court Special Advocacy Licence with a requirement of a degree in law, a minimum of five years relevant experience and defends the interests and rights of the society. This licence is special in a sense that the applicant serves for free after a successful application. The applicant must not been convicted for an offence involving improper conduct.
82 A directive issued by the Ministry of Justice. 83 Proclamation for licensing and registration of advocates practising before Federal Courts.
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BIBLIOGRAPHY A Proclamations and Legislation Addis Ababa City Government Charter Proclamation No. 87/1997, Federal Democratic Republic of Ethiopia (Addis Ababa, 1997). Civil Code of the Empire of Ethiopia, Proclamation No.165 of 1960 FDRE, The Constitution of the Federal Democratic Republic of Ethiopia Proclamation No. 1/1995, Federal Democratic Republic of Ethiopia (Addis Ababa, 1995). Federal Courts Proclamation No. 2/1996, Federal Democratic Republic of Ethiopia (Addis Ababa, 1996). Federal Judicial Administration Commission Establishment Proclamation No. 24/1996. Federal Democratic Republic of Ethiopia (Addis Ababa, 1996).
B Books Girmachew Alemu Introduction to the Ethiopian Legal System and Legal Research (Addis Ababa University, Addis Ababa, 2010). Merera Gudina Ethiopia: From Autocracy to Revolutionary Democracy, 1960s2011 (Addis Ababa University, Addis Ababa, 2011). Fasil Nahum Constitution for a Nations of Nations: The Ethiopian Prospect (Asmara, Eritrea, 2004).
C Journal Articles John Beckstrom "Transplantation of Legal Systems: An Early Report on the Reception of Western Laws in Ethiopia" (1973) 21(3) The American Journal of Comparative Law 557. Roger Biottee "French, English and Amharic; the law in Ethiopia, Journal of Romance Studies" (2009) 9(2) Journal of Romance Studies. Haile Minasse "The New Ethiopian Constitution; Its Impact Upon Unity, Human Rights and Development" (1996).20 Suffolk Transnat'l L. Rev 1. David Rene "A Civil Code for Ethiopia: Considerations of the civil law in the African countries" (1962) 6(2) Tulane Law Review 87. Smagilova Roza "Ethnicity and Federalism: The case of Ethiopia" (2004) 59(2) Africa (Roma) Journal 179. Vanderlinden J "Civil Law and Common Law Influence on the developing law of Ethiopia" (1966) 16(1) Buffalo Law Review 250.
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D Dissertions and Conference Papers Abate Alemayehu, "Ethnic Federalism in Ethiopia; opportunities" (Master Thesis, University of Lund, 2004).
Challenges
and
Tsegaye Regassa "State Constitution in Federal Ethiopia; A Preliminary Observation" (Paper presented to Bellagio Conference, 2004).
E Internet Resources Federal laws publications accessed at <www.abyssinialaw.com>. "Negarit Gazette" Berhanena Selam Printing Enterprise <www.bspe.com.et/ index.php/en/services/negarit-gazetta>, accessed 10 December 2013. UNDP "Ethopia: Human Development Indicators" (2004) UNDP: Human Development Reports <http://hdrstats.undp.org/en/countries/profiles/ETH.html>, accessed 1 December 2013.
USEFUL LINKS FROM THE INTERNET The Ethiopian Government The Ethiopian Parliament The Ethiopian Supreme Court The Ethiopian National Archives and Library Agency Ethiopian Laws The Ethiopian Arbitration and Conciliation Center Addis Ababa University The African Union American Bar Association Rule of Law Initiative The Ethiopian Legal Brief
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