City Hall, Addis Ababa. Courtsey Thomas Ofcansky
The primary task facing the WPE following its formation in 1984 was to devise the new national constitution that would inaugurate the People's Democratic Republic of Ethiopia (PDRE). In March 1986, a 343-member Constitutional Commission was formed to draft a new constitution based on the principles of scientific socialism. Eventually, the 122 full and alternate members of the WPE Central Committee who had been appointed to its membership dominated the commission.
The Constitutional Commission had its origins in the Institute for the Study of Ethiopian Nationalities, which the Derg had established in March 1983 to find solutions to problems resulting from Ethiopia's extreme ethnic diversity. The institute was staffed mostly by academics from Addis Ababa University, who continued to serve as advisers to the Constitutional Commission. The commission's diverse membership included religious leaders, artists, writers, doctors, academics, athletes, workers, and former nobility. There was also an attempt by those who chose appointees to the commission to make sure that all major ethnic nationalities had representation in the body.
For about six months, the commission debated the details of the new constitution. In June 1986, it issued a 120-article draft document. The government printed and distributed 1 million copies to kebeles and peasant associations throughout the country. During the next two months, the draft was discussed at about 25,000 locations. The regime used this method of discussion to legitimize the constitution-making process and to test the mood of the populace. In some cases, people attended constitutional discussion sessions only after pressure from local WPE cadres, but in other cases attendance was voluntary. Where popular interest was apparent, it centered on issues such as taxes, the role of religion, marriage, the organization of elections, and citizenship rights and obligations. By far the most controversial draft provision was the one that outlawed polygamy, which caused a furor among Muslims. Few questions were raised about the document's failure to address the nationalities problem and the right to self- determination. According to government officials, the citizenry submitted more than 500,000 suggested revisions. In August the commission reconvened to consider proposed amendments. In all, the commission accepted ninety-five amendments to the original draft. Most of the changes, however, were cosmetic.
The referendum on the constitution was held on February 1, 1987, and Mengistu announced the results three weeks later. He reported that 96 percent of the 14 million people eligible to participate (adults eighteen years of age and older) actually voted. Eighty-one percent of the electorate endorsed the constitution, while 18 percent opposed it (1 percent of the ballots were invalid). Although this was the first election in Ethiopia's history based on universal suffrage, the presence of communist cadres throughout the country ensured that the constitution would be adopted. In Tigray and Eritrea, however, the regime held referenda only in urban centers because much of these territories was controlled by the Tigray People's Liberation Front and the Eritrean People's Liberation Front, respectively (see Political Dynamics, this ch.). In other places, such as parts of Welo and Gonder regions, the vote took place amid heightened security measures.
The constitution officially took effect on February 22, 1987, when the People's Democratic Republic of Ethiopia was proclaimed, although it was not until September that the new government was fully in place and the PMAC formally abolished (see The People's Democratic Republic of Ethiopia, ch. 1). The document, which established the normative foundations of the republic, consisted of seventeen chapters and 119 articles. The preamble traced Ethiopia's origins back to antiquity, proclaimed the historical heroism of its people, praised the country's substantial natural and human resources, and pledged to continue the struggle against imperialism, poverty, and hunger. The government's primary concern was proclaimed to be the country's development through the implementation of the Program for the National Democratic Revolution (PNDR). In the process, it was assumed that the material and technical bases necessary for establishing socialism would be created.
The constitution attempted to situate Ethiopia in the context of the worldwide movement of so-called "progressive states" and made no direct reference to Africa. Critics claim that the constitution was no more than an abridged version of the 1977 Soviet constitution, with the exception that strong powers were assigned to the newly created office of the president. A second difference between the Ethiopian and Soviet constitutions is that the former declared the country to be a unitary state rather than a union of republics. It was reported that the problem of nationalities was hotly debated in the Constitutional Commission, as well as in the WPE Central Committee, but the regime would not abandon its desire to create a single multiethnic state rather than a federation.
Chapter 1 of the constitution defined Ethiopia's social order. The People's Democratic Republic of Ethiopia (PDRE) was declared to be "a state of working peasants in which the intelligentsia, the revolutionary army, artisans, and other democratic sections of society participate." The commitment to socialist construction was reaffirmed, as was the idea of egalitarianism within the context of a unitary state. The official language remained Amharic. The functioning and organization of the country was proclaimed to be based on the principles of democratic centralism, under which representative party and state organs are elected by lower bodies. The vanguard character of the WPE was asserted, and its roles as well as those of mass organizations were spelled out.
Chapter 2 dealt with the country's economic system. The state was dedicated to the creation of a "highly interdependent and integrated national economy" and to the establishment of conditions favorable to development. In addition, the constitution committed the state to central planning; state ownership of the means of production, distribution, and exchange; and expansion of cooperative ownership among the general population.
Chapter 3 addressed social issues, ranging from education and the family to historical preservation and cultural heritage. The family was described as the basis of society and therefore deserving of special attention by means of the joint efforts of state and society. In addition, the constitution pledged that health insurance and other social services would be expanded through state leadership.
National defense was the subject of Chapter 4. The first article asserted the nation's need to defend its sovereignty and territorial integrity and to safeguard the accomplishments of the revolution. It was declared that the Ethiopian people had a historical responsibility to defend the country. The defense force was to be the army of the country's working people. The army's fundamental role would be to secure peace and socialism.
Foreign policy objectives were spelled out in four brief articles in Chapter 5 and were based on the principles of proletarian internationalism, peaceful coexistence, and nonalignment. In many respects, the language of this section resembled that of a constitution of a Warsaw Pact country in the days before glasnost.
Chapters 6 and 7 were concerned with defining citizenship and spelling out the freedoms, rights, and duties of citizens. The language was egalitarian, and Ethiopians were declared to be equal before the law, regardless of nationality, sex, religion, occupation, and social or other status. They had the right to marry, to work, to rest, to receive free education, and to have access to health care and to a fair trial. Ethiopians were guaranteed freedom of conscience and religion. As was not the case in imperial Ethiopia, religion and the state were proclaimed to be separate institutions. Citizens were assured the freedoms of movement, speech, press, assembly, peaceful demonstration, and association. Regarding political participation, citizens had the right to vote and the right to be elected to political office. Their duties included national military service, protection of socialist state property, protection of the environment, and observance of the constitution and laws of the country.
In spite of the attention the constitution paid to basic freedoms, until the last days of the regime international human rights organizations were virtually unanimous in condemning the Mengistu regime. Summary execution, political detention, torture, and forced migration represented only some of the violations cited by these groups (see Human Rights, ch. 5).
The constitution's most detailed sections related to the central government's organization and activities. In these sections, the document described the various state organs and explained their relationship to one another.
The supreme organ of state power was the National Shengo (National Assembly). Its responsibilities included amending the constitution; determining foreign, defense, and security policy; establishing the boundaries, status, and accountability of administrative regions; and approving economic plans. The National Shengo was also responsible for establishing the Council of State; the Council of Ministers, ministries, state committees, commissions, and state authorities; the Supreme Court; the Office of the Prosecutor General; the National Workers' Control Committee; and the Office of the Auditor General. In addition, the National Shengo elected the president and officials of the Council of State and approved the appointment of other high-ranking authorities.
Candidates to the National Shengo had to be nominated by regional branches of the WPE, mass organizations, military units, and other associations recognized by law. Balloting for seats in the National Shengo was required to be secret, and all individuals eighteen years of age and above were eligible to vote. Elected members served five-year terms, and the body met in regular session once each year. These sessions were usually public but might on occasion be held in camera. In 1987 the National Shengo had 835 members.
The Council of State, consisting of the president of the republic, several vice presidents, a secretary, and other members, was an organ of the National Shengo. The Council of State served as the most active oversight arm of the government, and it exercised the national legislative role when the National Shengo was not in session. In addition to its normal functions, the Council of State was empowered to establish a defense council and might be assigned special duties by the National Shengo (see Command and Force Structure, ch. 5). The Council of State had the further authority to issue decrees in the pursuit of the duties stipulated by law or assigned by the National Shengo. The power of this organ was evident in the constitutional provision that stated, "When compelling circumstances warrant it, the Council of State may, between sessions of the National Shengo, proclaim a state of emergency, war, martial law, mobilization or peace."
The 1987 constitution established the office of president. Theoretically, the Council of State ruled along with the president and exercised legislative oversight in relation to other branches of government. In reality, however, the office of the president in particular and the executive branch in general were the most powerful branches of government. The president was able to act with considerable independence from the National Shengo.
Although the constitution stipulated that the president was accountable to the National Shengo, Mengistu demonstrated repeatedly that there was no authority higher than his own office. By law he was responsible for presenting members of his executive staff and the Supreme Court to the National Shengo for election. At the same time, the president, "when compelling circumstances warrant it" between sessions of the National Shengo, could appoint or relieve the prime minister, the deputy prime minister, and other members of the Council of Ministers; the president, the vice president, and Supreme Court judges; the prosecutor general; the chairman of the National Workers' Control Committee; and the auditor general. The National Shengo was by law supposed to act on such decrees in its next regular session, but this appeared to be only pro forma.
The president, who could be elected to an indefinite number of successive five-year terms, had to submit nominations for appointment to the Council of Ministers (his cabinet) to the National Shengo for approval. However, by the time nominations reached the National Shengo for consideration, their appointment was a foregone conclusion. In practice, President Mengistu would chose individuals for particular offices without any apparent input from the National Shengo, the WPE, or the Council of State.
The president, who was also commander in chief of the armed forces, was also responsible for implementing foreign and domestic policy, concluding international treaties, and establishing diplomatic missions. If he deemed it necessary, the president could rule by decree.
The Council of Ministers, defined in the constitution as "the Government," was the government's highest executive and administrative organ. The body consisted of the prime minister, the deputy prime minister, the ministers, and other members as determined by law. Members were accountable to the National Shengo, but between sessions they were accountable to the president and the Council of State. Members of this council were chosen from regularly elected members of the National Shengo and served five-year terms, unless they resigned or were removed by the president. For example, in early November 1989 Prime Minister Fikre- Selassie Wogderes resigned his office, allegedly for health reasons. However, some reports maintained that he was forced out by Mengistu because of his apparent loss of enthusiasm for the regime's policies. At the same time, Mengistu reshuffled his cabinet. Significantly, these events occurred weeks after the annual session of the National Shengo had concluded.
The Council of Ministers was responsible for the implementation of laws and regulations and for the normal administrative functions of national government. It prepared social and economic development plans, the annual budget, and proposals concerning foreign relations. In their respective areas of responsibility, members of the Council of Ministers were the direct representatives of the president and the government; and because they typically held parallel offices within the WPE, as a group they tended to be the most significant political actors in the government.
In 1991 there were twenty-one ministries. Portfolios consisted of the Ministry in Charge of the General Plan and the ministries of agriculture; coffee and tea development; communications and transport; construction; culture and sports affairs; domestic trade; education and fine arts; finance; foreign affairs; foreign trade; health; industry; information; internal affairs; labor and social affairs; law and justice; mines, energy, and water resources; national defense; state farms; and urban development and housing. In addition to these ministries, there were several other important state authorities, such as the Office of the National Council for Central Planning, the Institute for the Study of Ethiopian Nationalities, the Relief and Rehabilitation Commission, and the National Bank of Ethiopia.
The constitution provided for Ethiopia's first independent judiciary. Traditionally, the Supreme Court and various lower courts were the responsibility of the Ministry of Law and Justice. After Haile Selassie's overthrow, much of the formal structure of the existing judicial structure remained intact. Over the years, regional and district level courts were reformed somewhat. However, the new constitutional provisions had the potential to change Ethiopia's national judicial system significantly.
The constitution stipulated that judicial authority was vested in "one Supreme Court, courts of administrative and autonomous regions, and other courts established by law." Supreme Court judges were elected by the National Shengo; those who served at the regional level were elected by regional shengos (assemblies). In each case, the judges served terms concurrent with that of the shengo that elected them. The Supreme Court and higher courts at the regional level were independent of the Ministry of Law and Justice, but judges could be recalled by the relevant shengo.
The Supreme Court was responsible for administering the national judicial system. The court's powers were expanded to oversee all judicial aspects of lesser courts, not just cases appealed to it. At the request of the prosecutor general or the president of the Supreme Court, the Supreme Court could review any case from another court. Noteworthy is the fact that, in addition to separate civil and criminal sections, the court had a military section. In the late 1980s, it was thought that this development might bring the military justice system, which had been independent, into the normal judicial system. However, it became evident that it would be some time before the Supreme Court could begin to serve this function adequately.
Between 1987 and 1989, the government undertook a restructuring of the Supreme Court with the intent of improving the supervision of judges and of making the administration of justice fairer and more efficient. The Supreme Court Council was responsible for overseeing the court's work relating to the registration and training of judges and lawyers. The Supreme Court Council's first annual meeting was held in August 1988, at which time it passed rules of procedure and rules and regulations for judges. Although the government reported that the courts were becoming more efficient, it admitted that there was much to be done before the heavy case burden of the courts could be relieved.
Chapter 15 of the constitution established the Office of the Prosecutor General, which was responsible for ensuring the uniform application and enforcement of law by all state organs, mass organizations, and other bodies. The prosecutor general was elected by the National Shengo for a five-year term and was responsible for appointing and supervising prosecutors at all levels. In carrying out their responsibilities, these officials were independent of local government offices.
Local tribunals, such as kebele tribunals and peasant association tribunals, were not affected by the 1987 constitution. People's courts were originally established under the jurisdiction of peasant associations and kebeles. All matters relating to land redistribution and expropriation were removed from the jurisdiction of the Ministry of Law and Justice and placed under the jurisdiction of the peasant association tribunals, whose members were elected by association members. In addition, such tribunals had jurisdiction over a number of minor criminal offenses, including intimidation, violation of the privacy of domicile, and infractions of peasant association regulations. The tribunals also had jurisdiction in disputes involving small sums of money and in conflicts between peasant associations, their members, and other associations. Appeals from people's tribunals could be filed with regional courts. Kebele tribunals had powers similar to those of their counterparts in peasant associations.
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