3.HUMAN RIGHTS IN THE ETHIOPIAN CONSTITUTION

In May 1991, after Mengistu’s downfall, a transitional government dominated by ethnic Tigreans was formed.

Article 1 of the Transitional Charter, which was presented by the new government, and adopted by the Interim Parliament on 22 July 1991, states that:

“Based on the Universal Declaration of Human Rights individual human rights shall be respected fully, and without any limitations whatsoever.”

On 8 December 1994, the Constituent  Assembly adopted and ratified the new Permanent Ethiopian Constitution.

Article 10(1) of the Ethiopian Constitution states that: “Human Rights and freedoms are inviolable and inalienable. They are inherent in the dignity of human beings.

Chapter 3, article 13(2) of the Constitution states that:

“The fundamental rights and liberties contained in this chapter shall be interpreted in conformity with the Universal Declaration of Human rights, international human rights covenants, humanitarian conventions and with the principles of other relevant international instruments which Ethiopia has accepted or ratified.” It states that “Everyone has the inviolable and inalienable right to life, liberty and security of person.”(art.14)  “No person shall be deprived of his or her life except for grave crimes defined by law.”(art.15)  “All persons have the right to protection from bodily harm.”(art.16)  “No one can be deprived of his or her liberty except in accordance with procedures established by law. No person may be subject to arbitrary arrest and no person may be detained without trial or conviction.”(art.17) “No person shall be subjected to torture or 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. No one shall be required to perform forced or compulsory labour.”(art.18(1-3).

In article 19 the Constitution underlines rights of persons arrested as following:

1.      All persons arrested have the right to be informed promptly, in a language that they understand, the particulars of the charge and reasons for their arrest.

2.      All persons arrested have the right to be informed promptly, in a language that they understand, that they have the right to remain silent and to be notified that any statement they make or evidence they give may be used against them in court.

3.      All persons arrested have the right to appear before a court of law and to be given a full explanation of the reasons for their arrest within 48 hours of their arrest excluding the time reasonably necessary for the journey from the place of arrest to the court.

4.      All persons have the right to petition the court for a writ of habeas corpus, a right no court can deny, where the arresting officer or agency fails to bring them before a court of law and provide the reasons for their arrest; the court may, where the interest of justice requires, order the arrested person to remain in custody no longer than the time strictly required in  order to carry out the necessary investigation aimed at establishing the facts. In determining the time necessary for investigation, the court shall take in to account whether the responsible authorities are carrying out the investigation with deliberate speed in order to guarantee the arrested person’s right to a speedy trial.

5.      All persons shall not be compelled to make confessions or admissions which could be used as evidence  against them. Statements obtained under coercion shall not be admitted as evidence.

Article 25 of the Ethiopian constitution states that “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. The law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, wealth, birth or other status.”

In sub-article (1-3) of article 26, the Ethiopian Constitution states that “All persons have a right to privacy. This right shall include the right not to be subjected to searches of their homes, persons or property, or the seizure of their personal possessions. All persons have the right to the inviolability of their letters, post and communication by means of telephone, telecommunications and electronic devices. Public officials shall respect and protect these rights.”

Article 27, under the title, Right to Freedom of Religion, Belief and Opinion, it states: “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 freedom, either individually or in fellowship with others, in public and private, to religious worship, observance and teaching. Consistent with the article 90 sub-article 2, believers may organize institutions of religious education and administration in order to propagate and establish their faith. No one shall be prohibited or constrained through coercion in the free choice of their beliefs. Parents and guardians, on the basis of their beliefs, have the right to provide religious and moral education to their children.”

Article 9 sub-article 4, the Ethiopian Constitution states that “All international agreements ratified by Ethiopia are an integral part of the laws of the country.”  

It is crystal clear that the Ethiopian government has included many articles from International Human Rights Instruments into the Transitional Charter and the New Constitution as part of its massive public relations campaign to improve its image internationally, rather than implementing them in order to ameliorate the human rights situation in the Ogaden and elsewhere in the empire-state of Ethiopia.

The people in the Ogaden and elsewhere in the empire-state of Ethiopia, have lost faith and confidence in the present government in Ethiopia and its hollow commitments to genuine democratization, protection of basic human rights and the right to self-determination for all nations in the Ethiopian empire.