La Constitution éthiopienne de 1994 décrit les pouvoirs des différentes hautes autorités publiques éthiopiennes. Elle garantit le respect des droits de l'Homme.
THE ETHIOPIAN CONSTITUTION
Preamble :
We, the Nations, Nationalities and Peoples of Ethiopia:
Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development;
Firmly convinced that the fulfillment of this objective requires full respect of individual and people's fundamental freedoms and rights, to live together on the basis of equality and without any sexual, religious or cultural discrimination;
Further convinced that by continuing to live with our rich and proud cultural legacies in territories we have long inhabited, have, through continuous interaction on various levels and forms of life, built up common interest and have also contributed to the emergence of a common outlook;
Convinced that to live as one economic community is necessary in order to create sustainable and mutually supportive conditions for ensuring respect for our rights and freedoms and for the collective promotion of our interests;
Determined to consolidate, as a lasting legacy, the peace and the prospect of a democratic order which our struggles and sacrifices have brought about;
Have therefore adopted, on 8 December 1994 this constitution through representatives we have duly elected for this purpose as an instrument that binds us in a mutual commitment to fulfill the objectives and the principles set forth above.
CHAPTER ONE
GENERAL PROVISIONS
Article 1
Nomenclature of the State
This Constitution establishes a Federal and Democratic State structure. Accordingly, the Ethiopian state shall be known as the Federal Democratic Republic of Ethiopia.
Article 3
The Ethiopian Flag
The Ethiopian flag shall consist of green at the top, yellow in the middle and red at the bottom, and shall have a national emblem at the center. The three colors shall be set horizontally in equal dimension.
The national emblem on the flag shall reflect the hope of the Nations, Nationalities, Peoples as well as religious communities of Ethiopia to live together in equality and unity.
Article 4
National Anthem of Ethiopia
The national anthem of Ethiopia, to be determined by law, shall reflect the ideals of the Constitution, the Commitment of the Peoples of Ethiopia to live together in a democratic order and of their common destiny.
Article 5
Languages
1. All Ethiopian languages shall enjoy equal state recognition. 2. Amharic shall be the working language of the Federal Government. 3. Members of the Federation may by law determine their respective working languages.
Article 7
Gender Reference
Provisions of this Constitution set out in the masculine gender shall also apply to the feminine gender.
CHAPTER TWO
FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION
Article 8
Sovereignty of the people
1. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia.
Article 9
Supremacy of the Constitution
1. The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Constitution shall be of no effect. 2. All citizens, organs of state, political organizations, other associations as well as their officials have the duty to ensure observance of the Constitution and to obey it. 3. It is prohibited to assume state power in any manner other than that provided under the Constitution.
Article 10
Human and Democratic Rights
1. Human rights and freedoms, emanating from the nature of mankind, are inviolable and inalienable. 2. Human and democratic rights of citizens and peoples shall be respected.
Article 11
Separation of State and Religion
1. State and religion are separate. 2. There shall be no state religion. 3. The state shall not interfere in religious matters and religion shall not interfere in state affairs.
Article 12
Conduct and Accountability of Government
1. The conduct of affairs of government shall be transparent.
CHAPTER THREE
FUNDAMENTAL RIGHTS AND FREEDOMS
Article 13
Scope of Application and Interpretation
The fundamental rights and freedoms specified in this Chapter shall be interpreted in a manner conforming to the principles of the Universal Declaration of Human Rights, International Covenants on Human Rights and International instruments adopted by Ethiopia.
PART ONE
HUMAN RIGHTS
Article 14
Rights to life, the Security of Person and Liberty
Every person has the inviolable and inalienable right to life the security of person and liberty.
Article 15
Right to Life
Every person has the right to life. No person may be deprived of his life except as a punishment for a serious criminal offence determined by law.
Article 16
The Right of the Security of Person
Every one has the right to protection against bodily harm.
Article 17
Right to Liberty
No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law.
No person may be subjected to arbitrary arrest, and no person may be detained without a charge or conviction against him.
Article 18
Prohibition against Inhuman Treatment
Everyone has the right to protection against cruel, inhuman or degrading treatment or punishment.
No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited.
Article 19
Right of Persons Arrested
Persons arrested have the right to be informed promptly, in a language they understand, of the reasons for their arrest and of any charge against them.
Persons arrested have the right to be brought before a court within 48 hours of their arrest. Such time shall not include the time reasonably required for the journey from the place of arrest to the court.
Persons arrested shall not be compelled to make confessions or admissions which could be used in evidence against them. Any evidence obtained under coercion shall not be admissible.
Article 24
Everyone has the right to respect for his human dignity, reputation and honour.
Article 25
Right to Equality
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status.
Article 27
Freedom of Religion, Belief and Opinion
Everyone has the right to freedom of thought, conscience and religion. This right shall include the freedom to hold or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others, and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Article 28
Crimes Against Humanity
Criminal liability of persons who commit crimes against humanity, so defined by international agreements ratified by Ethiopia and by other laws of Ethiopia, such as genocide, summary executions, forcible disappearances or torture shall not be barred by statute of limitation.
PART TWO
DEMOCRATIC RIGHTS
Article 29
Right of Thought, Opinion and Expression
1. Everyone has the right to hold opinions without interference.
2. Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.
3. Freedom of the press and other mass media and freedom of artistic creativity is guaranteed. Freedom of the press shall specifically include the following elements: (a) Prohibition of any form of censorship. (b) Access to information of public interest. Any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law.
Article 30
The Right of Assembly, Demonstration and Petition
Everyone has the right to assemble and to demonstrate together with others peaceably and unarmed, and to petition.
Organizations formed, in violation of appropriate laws, or to illegally subvert the constitutional order, or which promote such activities are prohibited.
Article 35
Rights of Women
Women shall , in the enjoyment of rights and protections provided for by this Constitution, have equal right with men.
Article 36
Rights of Children
Every child has the right:
(a) To life; (b) To a name and nationality; (c) To know and be cared for by his or her parents or legal guardians; (d) Not to be subject to exploitative practices, neither to be required nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being; (e) To be free of corporal punishment or cruel and inhumane treatment in schools and other institutions responsible for the care of children.
Article 37
Right of Access to Justice
Everyone has the right to bring a justiciable matter to, and to obtain a decision or judgment by, a court of law or any other competent body with judicial power.
Article 38
The Right to Vote and to be Elected
Article 39
Rights of Nations, Nationalities, and Peoples
Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.
Every Nation, Nationality and People in Ethiopia has the right to speak, to write and to develop its own language; to express, to develop and to promote its culture; and to preserve its history.
Article 41
Economic, Social and Cultural Rights
Every Ethiopian has the right to engage freely in economic activity and to pursue a livelihood of his choice anywhere within the national territory.
Every Ethiopian has the right to choose his or her means of livelihood, occupation and profession.
Every Ethiopian national has the right to equal access to publicly funded social services.
The State has the obligation to allocate an ever increasing resources to provide to the public health, education and other social services.
The State shall, within available means, allocate resources to provide rehabilitation and assistance to the physically and mentally disabled, the aged , and to children who are left without parents or guardian.
The State shall pursue policies which aim to expand job opportunities for the unemployed and the poor and shall accordingly undertake programmes and public works projects.
Article 43
The Right to Development
The Peoples of Ethiopia as a whole, and each Nation, Nationality and People in Ethiopia in particular have the right to improved living standards and to sustainable development.
Article 45
Form of Government
The Federal Democratic Republic of Ethiopia shall have a parliamentarian form of government.
Article 46
States of the Federation
The Federal Democratic Republic shall comprise of States.
States shall be delimited on the basis of the settlement patterns, language, identity and consent of the peoples concerned.
Article 47
Member States of the Federal Democratic Republic of Ethiopia are the Following:
1) The State of Tigray
2) The State of Afar
3) The State of Amhara
4) The State of Oromia
5) The State of Somalia
6) The State of Benshangul/Gumuz
7) The State of the Southern Nations, Nationalities and Peoples
8) The State of the Gambela Peoples
9) The State of the Harari People
CHAPTER FIVE
THE STRUCTURE AND DIVISION OF POWERS
Article 50
Structure of the Organs of State
The Federal Democratic Republic of Ethiopia comprises the Federal Government and the State members.
The Federal Government and the States shall have legislative, executive and judicial powers.
Article 51
Powers and Functions of the Federal Government
It shall protect and defend the Constitution.
It shall establish and administer national defence and public security forces as well as a federal police force.
Article 52
Powers and Functions of States
All powers not given expressly to the Federal Government alone, or concurrently to the Federal Government and the States are reserved to the States.
