Issue No. 177

Published 25 May 2023

Ethiopia’s Constitution: Complex but critical

Published on 25 May 2023 13:13 min
Ethiopia’s Constitution: Complex but critical
 
On 16 May, the Ethiopian Policy Studies Institute (PSI) released an extensive 374-page study on Ethiopia’s 1995 Constitution, ‘FDRE Constitution after three decades: Inquiring into whether and what to amend.’ The PSI is run by Professor Beyene Petros, a prominent opposition figure during the Ethiopian People’s Revolutionary Democratic Front (EPRDF) era. Funded by the Ethiopian federal government, the PSI suggested several controversial amendments. The PSI stated its objective was to explore the country’s interest in modifying the Constitution, and that 75% of those surveyed supported some form of amendment.
 

After the Derg regime was overthrown, the subsequent Constitution established an ethno-federal state governed by a parliamentary system. Establishing 9 ethnically-based federal regions, the Constitution granted Ethiopia’s diverse ethnic groups considerable independence. According to Fasil Nahum, who was involved in drafting the Constitution, this was intended to transform a “prison of nations” into a “nation of nations.” Uniting ethnic groups, including those long marginalised, lay at the heart of this radical re-thinking of the Ethiopian nation-state. The Constitution also explicitly recognised the United Nations’ Universal Declaration of Human Rights, alongside other liberal democratic norms. Ethiopians were promised total freedom of expression for the first time - at least in principle.
 
The PSI study maintains that the “majority of the respondents (54%) advocate a reform to the ethno-territorial system.” This reflects with the views of many Amhara who believe the Constitution is both the root of Ethiopia’s current conflicts, and a betrayal of the ‘Abyssinian identity.’ But the study’s methodology is facing heavy criticism. For example, Girma Gutema, a member of the opposition Oromo Federalist Congress, cited  PSI’s extraordinary claim of a reversal of near-universal support for Sidama as a new region since 2019.
 
PSI pointed out one potential amendment of the contentious Article 39.1, which stipulates, “Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.” The study noted that most of the respondents expressed support for reform to the “unconditional right to self-determination” due to its potential to fragment the nation state. While this is not a fresh issue, controversy surrounding this article has intensified in recent years, as calls for independence have spread across much of the country, most particularly in Tigray, during the two-year armed conflict.
 
The 1995 Constitution is certainly not perfect nor infallible.
 
One issue regularly overlooked in Ethiopian political discourse regards its rigid theoretical concepts and frameworks. The 1970s student revolutionary movement’s Leninist interpretation of ethnicity was incorporated into the Constitution. Ethnicity was conceived as the ‘natural’ structure of political organisation through a strong central government. But this concept contains an internal contradiction between the fundamental idea of a nation and an understanding of nation as created through historical process. This has yielded several profound consequences. A lack of subtlety in the Constitution has left little room for the complexity of ethnicity in Ethiopia, leading to rigid ethnic identities. This preference for ‘absolute’ ethnic identity has encouraged parochialism, with people favouring ethnic boundaries over loyalty to the nation state.
 
Another issue that has plagued Ethiopia’s Constitution is the divergence between original intentions and its application. Mulugeta Gebrehiwot Berhe, former member of Ethiopia’s Constituent Assembly, described the Constitution as “stagnant,” a tool used to further elite interests rather than address “historical injustices and inequalities.” Elias Tesemma of the Sidama Federalist Party has insisted that the source of Ethiopia’s current ethnic divisions lies in the state’s failure to implement the Constitution as it was intended. This view is widely shared by many in Ethiopia, particularly Oromo.
 
Despite important critiques, the 1995 Constitution of Ethiopia was an essential departure from its predecessors. Ethiopia’s 1931 Constitution enshrined Emperor Haile Selassie’s divine right as monarch. In 1987, the military Derg paid lip service to freedoms and liberties in a constitution it quickly cast aside.
 
Many Ethiopians do not oppose the idea of amending Ethiopia’s Constitution. But there are moments for such significant changes. Significant groundwork must be laid, and national consensus must be found before Ethiopia reconsiders the content of its core document, particularly concerning self-determination. 

By the Ethiopian Cable team

To continue reading, create a free account or log in.

Gain unlimited access to all our Editorials. Unlock Full Access to Our Expert Editorials — Trusted Insights, Unlimited Reading.

Create your Sahan account Login

Unlock lifetime access to all our Premium editorial content

You may also be interested in

Issue No. 970
Somalia’s Reform-Induced Malfunction
The Somali Wire

Technicians and engineers have long been familiar with a paradoxical problem: how the repair of a specific defect often triggers a secondary malfunction. "Repair-induced malfunction" is a widely recognised dilemma across technical professions, with awareness and mitigation deeply woven into standard training.


20:51 min read 12 Aug
Issue No. 969
Regional States Must Secure Inclusive Political Settlement in Somalia – IGAD Official
The Somali Wire

I stand before you today with profound respect and appreciation for the sacrifices the sons and daughters of your countries have made in the AMISOM/ATMIS/AUSSOM missions to help their African brothers and sisters in Somalia fight the scourge of Al-Shabaab, open and maintain critical trade routes, and help in the state-building process of Somalia.


16:55 min read 05 Aug
Issue No. 968
Somalia: Why Transition Call Makes Sense
The Somali Wire

Somalia’s opposition - frustrated by months of stagnant dialogue - has for the first time proposed a transitional mechanism to break the country's protracted political deadlock. In an open letter addressed to a crucial extraordinary summit of African Troop and Police Contributing Countries (TPCCs) which opened on Wednesday in Kampala, the Somali Future Council (SFC) said that a new transitional governance arrangement was vital and necessary and is hoping the initiative will gain traction among regional actors who have boots on the ground and share a vested interest in a durable political settlement.


20:58 min read 30 Jul
Issue No. 967
Somaliland - The Return of the Prodigal Daughter
The Somali Wire

In a significant symbolic blow to Somali unionism, Fahiima Yusuf Quuje - a prominent Dhulbahante activist from the Jama Siyaad sub-clan who was instrumental in mobilising grassroots support for the armed insurrection in Laas Anood - late last week declared she was repudiating Somali unionism and the ‘Greater Somalia’ ideology, tendering her resignation from her regional assembly seat in the fledgling, Mogadishu-backed Northeastern State of Somalia (NES) and would be returning to Somaliland. A day after the announcement, Quuje landed at Egal International Airport in Hargeisa, where she was greeted by high-ranking dignitaries, garlanded in the Somaliland flag, and serenaded with patriotic anthems.


19:38 min read 22 Jul
Issue No. 966
A New Spring in His Step: How HSM Engineered His Rebound
The Somali Wire

Today marks exactly two months since Somali President Hassan Sheikh Mohamud (HSM) unveiled his unilateral one-year term extension. While it is too early to draw definitive conclusions, HSM has evidently survived, rebounded, and consolidated power in ways that defy earlier predictions. A leader whom many had been wont to dismiss as too tarnished to retain executive power beyond May 2026 remains firmly in the saddle, holding the political initiative and dictating terms. His opponents, meanwhile, are in deep disarray. Their cohesion is fracturing, they lack a coherent, unified strategy, and they are locked in a dialogue of attrition designed to wear down their will and force their capitulation.


24:38 min read 16 Jul
Issue No. 965
The Somaliland-Ethiopia MoU: Ethiopia Missed a Milestone While Somaliland Avoided a Historic Mistake
The Somali Wire

The Somaliland–Ethiopia Memorandum of Understanding (MoU) was hailed as a historic breakthrough. In reality, it was a strategic gamble built on contradictions—and its apparent failure may prove to be a blessing in disguise for Somaliland and Ethiopia.


6:03 min read 10 Jul
Issue No. 964
Part II/The Human Rights Deficit in Somalia's New Penal Code
The Somali Wire

For the first time in over six decades, Somalia has overhauled its foundational criminal law - the 1962 Law No. 5. Now awaiting parliamentary and presidential approval, the Draft Somali Penal Code (SPC) nonetheless struggles with multiple hurdles and will likely face significant objection, not least, from Somalia’s Western partners and liberal-minded younger generation of Somalis disappointed with the new text’s failure to break away from its historical illiberal roots.


16 min read 08 Jul
Issue No. 963
Part I/The Fault Lines in Somalia’s Penal Reform
The Somali Wire

The Federal Government of Somalia (FGS) has published a new Draft Somalia Penal Code (SPC) - marking its first comprehensive legal overhaul in 64 years. The 136-page draft was first submitted to Parliament in January 2026 and underwent its first reading but the process of endorsing it became entangled with the escalating electoral and constitutional dispute, forcing the government to shelve it. The changes aim to update the 1962 Law No. 5 Penal Code and codify Islamic criminal law (uqubat). If endorsed by parliament and approved by the President, they will formally embed the three pillars of the Sharia punitive framework into the statute - fixed punishments (hudud), retributive justice (qisas), and statutory judicial discretion (ta'zir).


16:49 min read 03 Jul
Issue No. 129
Centring North Eastern Kenya - The Rise Of Kenya's Ethnic Somalis
The Horn Edition

A president does not pay a visit to Wajir by accident. When William Samoei Ruto chose Wajir as the centre stage for Kenya’s Madaraka Day celebrations on 1 June — the first sitting president to do so — he was not merely varying the ceremonial calendar. He was making a premeditated statement about who belongs at the centre of Kenya’s state and who no longer belongs at its margins. The message was not merely ‘taking Nairobi to NorthEastern.’ It was the centring and mainstreaming of an ethnic Somali-dominated region that, for much of Kenya’s post-colonial history, has been treated as a security issue rather than a political constituency.


28:45 min read 26 Jun
Scroll