Ethiopia

Ethiopia: V-SAT failure worries

Posted on January 18, 2004 by Elias Kifle

By Tamiru Geda

V-SAT communication equipment purchased by the ministry of revenue has proved incompatible with the system used by the Ethiopian Telecommunication Corporation (ETC), disclosed sources close to the concerned ministry and corporation.

Some years ago the Ministry of Revenue (MOR) ordered NCR, a local IT firm, to conduct the purchase of the v-sat equipment, and then-after to install the equipment. The communication and computer networking system is very important in the implementation of the taxation system at the federal level. Therefore the alleged incompatibility of the purchased equipment has caused much worry to concerned high government officials and especially Getachew Belay who leads the major implementing agency-the Ministry of Revenue.

Information obtained by Capital revealed that the networking & communication system was designed by the Ministry of Revenue to be used to implement the Tax-payer Identification program. NCR was obliged to purchase & supply needed hardware and accessories, including V-SAT equipment. The IT company made the purchase and delivered the requested equipment to MOR. The latter forwarded the equipment to ETC – the only company in the country in position to connect all the v-sat. During the effort to put the system in place it was found out that the v-sat equipment imported from a certain American company was not compatible with the system that ETC utilizes currently.

It is said the purchased material is lying in the ETC’s stores without any use. A senior official at the corporation who asked for anonymity, told Capital that the purchase and delivery of the material was undertaken without the participation of ETC. He said that a technical team should have been involved to oversee the process so that problems like incompatibility would be avoided.

It is said that the Ministry of Revenue is now using ETC’s latest available network – the Broad Band network system, but IT experts complain that the current communication system is slow and wouldn’t provide the efficient connection they expected to get out of the v-sat communication system.

“How could such a mistake happen” was the question Getachew posed to his subordinates at a management meeting held a few days ago. Our sources say there wasn’t a satisfactory reply for the minister’s question, nor could the high level meeting find out the exact figure the failure would cost the government nor what they could do with the equipment which is lying idle.

The same sources also disclosed that ETC also contributed to the problem by receiving the V-sat equipment without checking their fitness upon delivery, thereby failing to detect the problem earlier as it should have. Concerning the purchasing process some groups are expressing their suspicion of foul play. The skeptics claim that a brand other than the one originally considered was delivered in the name of equipment enhancement. Capital also talked with Miriam Said, project coordinator at NCR over the telephone, she denied the claims indicated above saying that it was an old story told over again and made the counter claim that NCR has already resolved the matter, she said that all the problems existed only in the malicious rumors spread by people who made them up due to private antagonism against NCR. The public relations officers at the Ministries of Revenue and the Federal Inland Revenue Authority on their behalves said that they were not well informed upon the matter and instead suggested that the head of the IT division at the authority is responsible. He, on his behalf responded with a similar answer saying “I’m a new comer to the authority and the deal, and it is beyond my capacity to give answers.” But he admitted that he has heard that the system that ETC may implement and the one already ordered by the IT company (NCR) do not match. It is known that the whole project awarded to NCR had a value of 4 million USD.

Current Constitution of Ethiopia

Posted on December 20, 2003, Updated on January 10, 2013 by Elias Kifle

Constitution of The Federal Democratic Republic of Ethiopia
Adopted: 8 Dec 1994

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;
Fully cognizant that our common destiny can best be served by rectifying historically unjust relationships and by further promoting our shared interests;
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 2 Ethiopian Territorial Jurisdiction
The territorial jurisdiction of Ethiopia shall comprise the territory of the members of the Federation and its boundaries shall be as determined by international agreements.

Article 3 The Ethiopian Flag

(1) 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.
(2) 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.
(3) Members of the Federation may have their respective flags and emblems and shall determine the details thereof through their respective legislatures.

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 overnment.
(3) Members of the Federation may by law determine their respective working languages.

Article 6 Nationality

(1) Any person of either sex shall be an Ethiopian national where both or either parent is Ethiopian.
(2) Foreign nationals may acquire Ethiopian nationality.
(3) Particulars relating to nationality shall be determined by law.

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.
(2) This Constitution is an expression of their sovereignty.
(3) Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic participation

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.
(4) All international agreements ratified by Ethiopia are an integral part of the law of the land.

Article 10 Human and Democratic Rights

(1) Human rights and freedoms, emanating from the nature of ankind, 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.
(2) Any public official or an elected representative is accountable for any failure in official duties.
(3) In case of loss of confidence, the people may recall an elected representative. The particulars of recall shall be determined by law.

Chapter Three Fundamental Rights and Freedoms

[Part Zero Scope of Application and Interpretation]

Article 13 Scope of Application and Interpretation

(1) All Federal and State legislative, executive and judicial organs at all levels shall have the responsibility and duty to respect and enforce the provisions of this Chapter.
(2) 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

(1) 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.
(2) 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

(1) Everyone has the right to protection against cruel, inhuman or degrading treatment or punishment.
(2) No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited.
(3) No one shall be required to perform forced or compulsory labour.
(4) For the purpose of sub-article 3 of this article the phrase “forced or compulsory labour” shall not include:
(a) Any work or service normally required of a person who is under detention in consequence of a lawful order, or of a person during conditional release from such detention;
(b) In the case of conscientious objectors, any service exacted in lieu of compulsory military service;
(c) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
(d) Any economic and social development activity voluntarily performed by a community within its locality.

Article 19 Right of Persons Arrested

(1) 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.
(2) Persons arrested have the right to remain silent. Upon arrest, they have the right to be informed promptly, in a language they understand, that any statement they make may be used as evidence against them in court.
(3) 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. On appearing before a court, they have the right to be given prompt and specific explanation of the reasons for their arrest due to the alleged crime committed.
(4) All persons have an inalienable right to petition the court to order their physical release where the arresting police officer or the law enforcer fails to bring them before a court within the prescribed time and to provide reasons for their arrest. Where the interest of justice requires, the court may order the arrested person to remain in custody or, when requested remand him for
a time strictly required to carry out the necessary investigation. In determining the additional time necessary for investigation, the court shall ensure that the responsible law enforcement authorities carry out the investigation respecting the arrested person’s right to a speedy trial.
(5) 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.
(6) Persons arrested have the right to be released on bail. In exceptional circumstances prescribed by law, the court may deny bail or demand adequate guarantee for the conditional release of the arrested person.

Article 20 Rights of Persons Accused

(1) Accused persons have the right to a public trial by an ordinary court of law within a reasonable time after having been charged. The court may hear cases in a closed session only with a view to protecting the right to privacy of the parties concerned, public morals and national security.
(2) Accused persons have the right to be informed with sufficient particulars of the charge brought against them and to be given the charge in writing.
(3) During proceedings accused persons have the right to be presumed innocent until proved guilty according to law and not to be compelled to testify against themselves.
(4) Accused persons have the right to full access to any evidence presented against them, to examine witnesses testifying against them, to adduce or to have evidence produced in their own defence, and to obtain the attendance of and examination of witnesses on their behalf before the court.
(5) Accused persons have the right to be represented by legal counsel of their choice, and, if they do not have sufficient means to pay for it and miscarriage of justice would result, to be provided with legal representation at state expense.
(6) All persons have the right of appeal to the competent court against an order or a judgment of the court which first heard the case.
(7) They have the right to request for the assistance of an interpreter at state expense where the court proceedings are conducted in a language they do not understand.

Article 21 The Rights of Persons Held in Custody and Convicted Prisoners

(1) All persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity.
(2) All persons shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councilors, medical doctors and their legal counsel.

Article 22 Non-retroactivity of Criminal Law

(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed. Nor shall a heavier penalty be imposed on any person than the one that was applicable at the time when the criminal offence was committed.
(2) Notwithstanding the provisions of sub-article 1 of this article, a law promulgated subsequent to the commission of the offence shall apply if it is advantageous to the accused or convicted person.

Article 23 Prohibition of Double Jeopardy
No person shall be liable to be tried or punished again for an offense for which he has already been finally convicted or acquitted in accordance with the criminal law and procedure.

Article 24 Right to Honour and Reputation

(1) Everyone has the right to respect for his human dignity,
reputation and honour.
(2) Everyone has the right to the free development of his personality in a manner compatible with the rights of other citizens.
(3) Everyone has the right to recognition every where as a person.

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. In this respect, the law shall guarantee to all persons equal and effective protection 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 26 Right to Privacy

(1) Everyone has the right to privacy. This right shall include the right not to be subjected to searches of his home, person or property, or the seizure of any property under his personal possession.
(2) Everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices.
(3) Public officials shall respect and protect these rights. No restrictions may be placed on the enjoyment of such rights except in compelling circumstances and in accordance with specific laws whose purposes shall be the safeguarding of national security or public peace, the prevention of crimes or the protection of health, public morality or the rights and freedoms of others.

Article 27 Freedom of Religion, Belief and Opinion

(1) 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.
(2) Without prejudice to the provisions of sub-article 2 of Article 90, believers may establish institutions of religious education and administration in order to propagate and organize their religion.
(3) No one shall be subject to coercion or other means which would restrict or prevent his freedom to hold a belief of his choice.
(4) Parents and legal guardians have the right to bring up their children ensuring their religious and moral education in conformity with their own convictions.
(5) Freedom to express or manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, peace, health, education, public morality or the fundamental rights and freedoms of others, and to ensure the independence of the state from religion.

Article 28 Crimes Against Humanity

(1) 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. Such offences may not be commuted by amnesty or pardon of the legislature or any other state organ.
(2) In the case of persons convicted of any crime stated in sub-article 1 of this article and sentenced with the death penalty, the Head of State may, without prejudice to the provisions here in above, commute the punishment to life imprisonment.

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.
(4) In the interest of the free flow of information, ideas and opinions which are essential to the functioning of a democratic order, the press shall, as an institution, enjoy legal protection to ensure its operational independence and its capacity to entertain diverse opinions.
(5) Any media financed by or under the control of the State shall be operated in a manner ensuring its capacity to entertain diversity in the expression of opinion.
(6) These rights can be limited only through laws which are guided by the principle that freedom of expression and information cannot be limited on account of the content or effect of the point of view expressed. Legal limitations can be laid down in order to protect the well-being of the youth, and the honour and reputation of individuals. Any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law.
(7) Any citizen who violates any legal limitations on the exercise of these rights may be held liable under the law.

Article 30 The Right of Assembly, Demonstration and Petition

(1) Everyone has the right to assemble and to demonstrate together with others peaceably and unarmed, and to petition. Appropriate regulations may be made in the interest of public convenience relating to the location of open-air meetings and the route of movement of demonstrators or, for the protection of democratic rights, public morality and peace during such a meeting or demonstration.
(2) This right does not exempt from liability under laws enacted to protect the well-being of the youth or the honour and reputation of individuals, and laws prohibiting any propaganda for war and any public expression of opinions intended to injure human dignity.

Article 31 Freedom of Association
Every person has the right to freedom of association for any cause or purpose. Organizations formed, in violation of appropriate laws, or to illegally subvert the constitutional order, or which promote such activities are prohibited.

Article 32 Freedom of Movement

(1) Any Ethiopian or foreign national lawfully in Ethiopia has, within the national territory, the right to liberty of movement and freedom to choose his residence, as well as the freedom to leave the country at any time he wishes to.
(2) Any Ethiopian national has the right to return to his country.

Article 33 Rights of Nationality

(1) No Ethiopian national shall be deprived of his or her Ethiopian nationality against his or her will. Marriage of an Ethiopian national of either sex to a foreign national shall not annul his or her Ethiopian nationality.
(2) Every Ethiopian national has the right to the enjoyment of all rights, protection and benefits derived from Ethiopian nationality as prescribed by law.
(3) Any national has the right to change his Ethiopian nationality.
(4) Ethiopian nationality may be conferred upon foreigners in accordance with law enacted and procedures established consistent with international agreements ratified by Ethiopia.

Article 34 Marital, Personal and Family Rights

(1) Men and women, without any distinction as to race, nation, nationality or religion, who have attained marriageable age as defined by law, have the right to marry and found a family. They have equal rights while entering into, during marriage and at the time of divorce. Laws shall be enacted to ensure the protection of rights and interests of children at the time of divorce.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental unit of society and is entitled to protection by society and the State.
(4) In accordance with provisions to be specified by law, a law giving recognition to marriage concluded under systems of religious or customary laws may be enacted.
(5) This Constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious or customary laws, with the consent of the parties to the dispute. Particulars shall be determined by law.

Article 35 Rights of Women

(1) Women shall , in the enjoyment of rights and protections provided for by this Constitution, have equal right with men.
(2) Women have equal rights with men in marriage as prescribed by this Constitution.
(3) The historical legacy of inequality and discrimination suffered by women in Ethiopia taken into account, women, in order to remedy this legacy, are entitled to affirmative measures. The purpose of such measures shall be to provide special attention to women so as to enable them to compete and participate on the basis of equality with men in political, social and economic life as well as in public and private institutions.
(4) The State shall enforce the right of women to eliminate the influences of harmful customs. Laws, customs and practices that oppress or cause bodily or mental harm to women are prohibited.
(5) (a) Women have the right to maternity leave with full pay. The duration of maternity leave shall be determined by law taking into account the nature of the work, the health of the mother and the well-being of the child and family.
(b) Maternity leave may, in accordance with the provisions of law, include prenatal leave with full pay.
(6) Women have the right to full consultation in the formulation of national development policies, the designing and execution of projects, and particularly in the case of projects affecting the interests of women.
(7) Women have the right to acquire, administer, control, use and transfer property. In particular, they have equal rights with men with respect to use, transfer, administration and control of land. They shall also enjoy equal treatment in the inheritance of property.
(8) Women shall have a right to equality in employment, promotion, pay, and the transfer of pension entitlements.
(9) To prevent harm arising from pregnancy and childbirth and in order to safeguard their health, women have the right of access to family planning education, information and capacity.

Article 36 Rights of Children

(1) 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.
(2) In all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or legislative bodies, the primary consideration shall be the best interest of the child.
(3) Juvenile offenders admitted to corrective or rehabilitative institutions, and juveniles who become wards of the State or who are placed in public or private orphanages, shall be kept separately from adults.
(4) Children born out of wedlock shall have the same rights as children born of wedlock.
(5) The State shall accord special protection to orphans and shall encourage the establishment of institutions which ensure and promote their adoption and advance their welfare, and education.

Article 37 Right of Access to Justice

(1) 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.
(2) The decision or judgment referred to under sub-article 1 of this article may also be sought by:
(a) Any association representing the Collective or individual interest of its members; or
(b) Any group or person who is a member of, or represents a group with similar interests.

Article 38 The Right to Vote and to be Elected

(1) Every Ethiopian national, without any discrimination based on colour, race, nation, nationality, sex, language, religion, political or other opinion or other status, has the following rights:
(a) To take part in the conduct of public affairs, directly and through freely chosen representatives;
(b) On the attainment of 18 years of age, to vote in accordance with law;
(c) To vote and to be elected at periodic elections to any office at any level of government; elections shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
(2) The right of everyone to be a member of his own will in a political organization, labour union, trade organization, or employers’ or professional association shall be respected if he or she meets the special and general requirements stipulated by such organization.
(3) Elections to positions of responsibility with any of the organizations referred to under sub-article 2 of this article shall be conducted in a free and democratic manner.
(4) The provisions of sub-articles 2 and 3 of this article shall apply to civic organizations which significantly affect the public interest.

Article 39 Rights of Nations, Nationalities, and Peoples

(1) Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.
(2) 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.
(3) Every Nation, Nationality and People in Ethiopia has the right to a full measure of self-government which includes the right to establish institutions of government in the territory that it inhabits and to equitable representation in state and Federal governments.
(4) The right to self-determination, including secession, of every Nation, Nationality and People shall come into effect:
(a) When a demand for secession has been approved by a two-thirds majority of the members of the Legislative Council of the Nation, Nationality or People concerned;
(b) When the Federal Government has organized a referendum which must take place within three years from the time it received the concerned council’s decision for secession;
(c) When the demand for secession is supported by majority vote in the referendum;
(d) When the Federal Government will have transferred its powers to the council of the Nation, Nationality or People who has voted to secede; and
(e) When the division of assets is effected in a manner prescribed by law.
(5) A “Nation, Nationality or People” for the purpose of this Constitution, is a group of people who have or share large measure of a common culture or similar customs, mutual intelligibility of language, belief in a common or related identities, a common psychological make-up, and who inhabit an identifiable, predominantly contiguous territory.

Article 40 The Right to Property

(1) Every Ethiopian citizen has the right to the ownership of private property. Unless prescribed otherwise by law on account of public interest, this right shall include the right to acquire, to use and, in a manner compatible with the rights of other citizens, to dispose of such property by sale or bequest or to transfer it otherwise.
(2) “Private property”, for the purpose of this article, shall mean any tangible or intangible product which has value and is produced by the labour, creativity, enterprise or capital of an individual citizen, associations which enjoy juridical personality under the law, or in appropriate circumstances, by communities specifically empowered by law to own property in common.
(3) The right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the State and in the peoples of Ethiopia. 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 exchange.
(4) Ethiopian peasants have right to obtain land without payment and the protection against eviction from their possession. The implementation of this provision shall be specified by law.
(5) Ethiopian pastoralists have the right to free land for grazing and cultivation as well as the right not to be displaced from their own lands. The implementation shall be specified by law.
(6) Without prejudice to the right of Ethiopian Nations, Nationalities, and Peoples to the ownership of land, government shall ensure the right of private investors to the use of land on the basis of payment arrangements established by law. Particulars shall be determined by law.
(7) Every Ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. This right shall include the right to alienate, to bequeath, and, where the right of use expires, to remove his property, transfer his title, or claim compensation for it. Particulars shall be determined by law.
(8) Without prejudice to the right to private property, the government may expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of the property.

Article 41 Economic, Social and Cultural Rights

(1) Every Ethiopian has the right to engage freely in economic activity and to pursue a livelihood of his choice anywhere within the national territory.
(2) Every Ethiopian has the right to choose his or her means of livelihood, occupation and profession.
(3) Every Ethiopian national has the right to equal access to publicly funded social services.
(4) The State has the obligation to allocate an ever increasing resources to provide to the public health, education and other social services.
(5) 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.
(6) 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.
(7) The State shall undertake all measures necessary to increase opportunities for citizens to find gainful employment.
(8) Ethiopian farmers and pastoralists have the right to receive fair price for their products, that would lead to improvement in their conditions of life and to enable them to obtain an equitable share of the national wealth commensurate with their contribution. This objective shall guide the State in the formulation of economic, social and development policies.
(9) The State has the responsibility to protect and preserve historical and cultural legacies, and to contribute to the promotion of the arts and sports.

Article 42 Rights of Labour

(1) (a) Factory and service workers, farmers, farm labourers, other rural workers and government employees whose work compatibility allows for it and who are below a certain level of responsibility, have the right to form associations to improve their conditions of employment and economic well-being. This right includes the right to form trade unions and other associations to bargain collectively with employers or other organizations that affect their interests.
(b) Categories of persons referred to in paragraph (a) of this sub-article has the right to express grievances, including the right to strike.
(c) Government employees who enjoy the rights provided under paragraphs (a) and (b) of this sub-article shall be determined by law.
(d) Women workers have the right to equal pay for equal work.
(2) Workers have the right to reasonable limitation of working hours, to rest, to leisure, to periodic leaves with pay, to remuneration for public holidays as well as healthy and safe work environment.
(3) Without prejudice to the rights recognized under sub-article 1 of this article, laws enacted for the implementation of such rights shall establish procedures for the formation of trade unions and for the regulation of the collective bargaining process.

Article 43 The Right to Development

(1) 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.
(2) Nationals have the right to participate in national development and, in particular, to be consulted with respect to policies and projects affecting their community.
(3) All international agreements and relations concluded, established or conducted by the State shall protect and ensure Ethiopia’s right to sustainable development.
(4) The basic aim of development activities shall be to enhance the capacity of citizens for development and to meet their basic needs.

Article 44 Environmental Rights

(1) All persons have the right to a clean and healthy environment.
(2) All persons who have been displaced or whose livelihoods have been adversely affected as a result of State programmes have the right to commensurate monetary or alternative means
of compensation, including relocation with adequate State assistance.

Chapter Four State Structure

Article 45 Form of Government
Federal Democratic Republic of Ethiopia shall have a parliamentarian form of government.

Article 46 States of the Federation

(1) The Federal Democratic Republic shall comprise of States.
(2) 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

(1) 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
(2) Nations, Nationalities and Peoples within the States enumerated in sub-article 1 of this article have the right to establish, at any time, their own States.
(3) The right of any Nation, Nationality or People to form its own state is exercisable under the following procedures:
a) When the demand for statehood has been approved by a two-thirds majority of the members of the Council of the Nation, Nationality or People concerned, and the demand is presented in writing to the State Council;
b) When the Council that received the demand has organized a referendum within one year to be held in the Nation, Nationality or People that made the demand;
c) When the demand for statehood is supported by a majority vote in the referendum;
d) When the State Council will have transferred its powers to the Nation, Nationality or People that made the demand; and
e) When the new State created by the referendum without any need for application, directly becomes a member of the Federal Democratic Republic of Ethiopia.
(4) Member States of the Federal Democratic Republic of Ethiopia shall have equal rights and powers.

Article 48 State Border Changes

(1) All State border disputes shall be settled by agreement of the concerned States. Where the concerned States fail to reach agreement, the House of the Federation shall decide such disputes on the basis of settlement patterns and the wishes of the peoples concerned.
(2) The House of Federation shall, within a period of two years, render a final decision on a dispute submitted to it pursuant to sub-article 1 of this article.

Article 49 Capital City

(1) Addis Ababa shall be the capital city of the Federal State.
(2) The residents of Addis Ababa shall have a full measure of self-government. Particulars shall be determined by law.
(3) The Administration of Addis Ababa shall be responsible to the Federal Government.
(4) Residents of Addis Ababa shall in accordance with the provisions of this Constitution, be represented in the House of Peoples’ Representatives.
(5) The special interest of the State of Oromia in Addis Ababa, regarding the provision of social services or the utilization of
natural resources and other similar matters, as well as joint administrative matters arising from the location of Addis Ababa within the State of Oromia, shall be respected. Particulars shall be determined by law.

Chapter Five The Structure and Division of Powers

Article 50 Structure of the Organs of State

(1) The Federal Democratic Republic of Ethiopia comprises the Federal Government and the State members.
(2) The Federal Government and the States shall have legislative, executive and judicial powers.
(3) The House of Peoples’ Representatives is the highest authority of the Federal Government. The House is responsible to the People. The State Council is the highest organ of State authority. It is responsible to the People of the State.
(4) State government shall be established at State and other administrative levels that they find necessary. Adequate power shall be granted to the lowest units of government to enable the People to participate directly in the administration of such units.
(5) The State Council has the power of legislation on matters falling under State jurisdiction. Consistent with the provisions of this Constitution, the Council has power to draft, adopt and amend the state constitution.
(6) The State administration constitutes the highest organ of executive power.
(7) State judicial power is vested in its courts.
(8) Federal and State powers are defined by this Constitution. The States shall respect the powers of the Federal Government. The Federal Government shall likewise respect the powers of the States.
(9) The Federal Government may, when necessary, delegate to the States powers and functions granted to it by Article 51 of this Constitution.

Article 51 Powers and Functions of the Federal Government

(1) It shall protect and defend the Constitution.
(2) It shall formulate and implement the country’s policies, strategies and plans in respect of overall economic, social and development matters.
(3) It shall establish and implement national standards and basic policy criteria for public health, education, science and technology as well as for the protection and preservation of cultural and historical legacies.
(4) It shall formulate and execute the country’s financial, monetary and foreign investment policies and strategies.
(5) It shall enact laws for the utilization and conservation of land and other natural resources, historical sites and objects.
(6) It shall establish and administer national defence and public security forces as well as a federal police force.
(7) It shall administer the National Bank, print and borrow money, mint coins, regulate foreign exchange and money in circulation; it shall determine by law the conditions and terms under which States can borrow money from internal sources.
(8) It shall formulate and implement foreign policy; it shall negotiate and ratify international agreements.
(9) It shall be responsible for the development, administration and regulation of air, rail, waterways and sea transport and major roads linking two or more States, as well as for postal and telecommunication services.
(10) It shall levy taxes and collect duties on revenue sources reserved to the Federal Government; it shall draw up, approve and administer the Federal Government’s budget.
(11) It shall determine and administer the utilization of the waters or rivers and lakes linking two or more States or crossing the boundaries of the national territorial jurisdiction.
(12) It shall regulate inter-State and foreign commerce.
(13) It shall administer and expand all federally funded institutions that provide services to two or more States.
(14) It shall deploy, at the request of a state administration,
Federal defence forces to arrest a deteriorating security situation within the requesting State when its authorities are unable to control it.
(15) It shall enact, in order to give practical effect to political rights provided for in this Constitution, all necessary laws governing political parties and elections.
(16) It has the power to declare and to lift national state of emergency and states of emergencies limited to certain parts of the country.
(17) It shall determine matters relating to nationality.
(18) It shall determine and administer all matters relating to immigration, the granting of passports, entry into and exit from the country, refugees and asylum.
(19) It shall patent inventions and protect copyrights.
(20) It shall establish uniform standards of measurement and calendar.
(21) It shall enact laws regulating the possession and bearing of arms.

Article 52 Powers and Functions of States

(1) All powers not given expressly to the Federal Government alone, or concurrently to the Federal Government and the States are reserved to the States.
(2) Consistent with sub-article 1 of this article, States shall have the following powers and functions:
a) To establish a State administration that best advances self-government, a democratic order based on the rule of law; to protect and defend the Federal Constitution;
b) To enact and execute the state constitution and other laws;
c) To formulate and execute economic, social and development policies, strategies and plans of the State;
d) To administer land and other natural resources in accordance with Federal laws;
e) To levy and collect taxes and duties on revenue sources reserved to the States and to draw up and administer the State budget;
f) To enact and enforce laws on the State civil service and their condition of work; in the implementation of this responsibility it shall ensure that educational; training and experience requirements for any job, title or position approximate national standards;
g) To establish and administer a state police force, and to maintain public order and peace within the State;

Chapter Six The Federal Houses

[Part Zero The Federal Houses]

Article 53 The Federal Houses
There shall be two Federal Houses: The House of Peoples’ Representatives and the House of the Federation.

Part One The House of Peoples’ Representatives

Article 54 Members of the House of Peoples’ Representatives

(1) Members of the House of Peoples’ Representatives shall be elected by the People for a term of five years on the basis of universal suffrage and by direct, free and fair elections held by secret ballot.
(2) Members of the House shall be elected from candidates in each electoral district by a plurality of the votes cast. Provisions shall be made by law for special representation for minority Nationalities and Peoples.
(3) Members of the House, on the basis of population and special representation of minority Nationalities and Peoples, shall not exceed 550; of these, minority Nationalities and Peoples shall have at least 20 seats. Particulars shall be determined by law.
(4) Members of the House are representatives of the Ethiopian People as a whole. They are governed by:
a) The Constitution;
b) The will of the people; and
c) Their Conscience.
(5) No member of the House may be prosecuted on account of any vote he casts or opinion he expresses in the House, nor
shall any administrative action be taken against any member on such grounds.
(6) No member of the House may be arrested or prosecuted without the permission of the House except in the case of flagrante delicto.
(7) A member of the House may, in accordance with law, lose his mandate of representation upon loss of confidence by the electorate.

Article 55 Powers and Functions of the House of Peoples’ Representatives

(1) The House of Peoples’ Representatives shall have the power of legislation in all matters assigned by this Constitution to Federal jurisdiction.
(2) Consistent with the provision of sub-article 1 of this article, the House of Peoples’ Representatives shall enact specific laws on the following matters:
(a) Utilization of land and other natural resources, of rivers and lakes crossing the boundaries of the national territorial jurisdiction or linking two or more States;
(b) Inter-State commerce and foreign trade;
(c) Air, rail, water and sea transport, major roads linking two or more States, postal and telecommunication services;
(d) Enforcement of the political rights established by the Constitution and electoral laws and procedures;
(e) Nationality, immigration, passport, exit from and entry into the country, the rights of refugees and of asylum;
(f) Uniform standards of measurement and calendar;
(g) Patents and copyrights;
(h) The possession and bearing of arms.
(3) It shall enact a labour code
(4) It shall enact a commercial code
(5) It shall enact a penal code. The States may, however, enact penal laws on matters that are not specifically covered by Federal penal legislation.
(6) It shall enact civil laws which the House of the Federation deems necessary to establish and sustain one economic community.
(7) It shall determine the organization of national defence, public security, and a national police force. If the conduct of these forces infringes upon human rights and the nation’s security, it shall carry out investigations and take necessary measures.
(8) In conformity with Article 93 of the Constitution it shall declare state of emergency; it shall consider and resolve on a decree of a state of emergency declared by the executive.
(9) On the basis of a draft law submitted to it by the Council of Ministers it shall proclaim a state of war.
(10) It shall approve general policies and strategies of economic, social and development, and fiscal and monetary policy of the country. It shall enact laws on matters relating to the local currency, the administration of the National Bank, and foreign exchange.
(11) It shall levy taxes and duties on revenue sources reserved to the Federal Government, it shall ratify the Federal budget.
(12) It shall ratify international agreements concluded by the executive.
(13) It shall approve the appointment of Federal judges, members of the Council of Ministers, commissioners, the Auditor General, and of other officials whose appointment is required by law to be approved by it.
(14) It shall establish a Human Rights Commission and determine by law its powers and functions.
(15) It shall establish the institution of the Ombudsman, and select and appoint its members. It shall determine by law the powers and functions of the institution.
(16) It shall, on its own initiative, request a joint session of the House of the Federation and of the House of Peoples’ Representatives to take appropriate measures when State authorities are unable to arrest violations of human rights within
their jurisdiction. It shall, on the basis of the joint decision of the House, give directives to the concerned State authorities.
(17) It has the power to call and to question the Prime Minister and other Federal officials and to investigate the Executive’s conduct and discharge of its responsibilities.
(18) It shall, at the request of one-third of its members, discuss any matter pertaining to the powers of the executive. It has, in such cases, the power to take decisions or measures it deems necessary.
(19) It shall elect the Speaker and Deputy Speaker of the House. It shall establish standing and ad hoc committees as it deems necessary to accomplish its work.

Article 56 Political Power
A political party, or a coalition of political parties that has the greatest number of seats in the House of Peoples’ Representatives shall form the Executive and lead it.

Article 57 Adoption of Laws
Laws deliberated upon and passed by the House shall be submitted to the Nation’s President for signature. The President shall sign a law submitted to him within fifteen days. If the President does not sign the law within fifteen days it shall take effect without his signature.

Article 58 Meetings of the House, Duration of its Term

(1) The presence of more than half of the members of the House constitutes a quorum.
(2) The annual session of the House shall begin on Monday of the final week of the Ethiopian month of Meskerem and end on the 30th day of the Ethiopian month of Sene. The House may adjourn for one month of recess during its annual session.
(3) The House of Peoples’ Representatives shall be elected for a term of five years. Elections for a new House shall be concluded one month prior to the expire of the House’s term.
(4) The Speaker of the House may call a meeting of the House when it is inrecess. The Speaker of the House is also obliged to call a meeting of the House at the request of more than one-half of the members.
(5) Meetings of the House shall be public. The House may, however, hold a closed meeting at the request of the Executive or members of the House if such a request is supported by a decision of more than one-half of the members of the House.

Article 59 Decisions and Rules of Procedure of the House

(1) Unless otherwise provided in the Constitution, all decisions of the House shall be by a majority vote of the members present and voting.
(2) The House shall adopt rules and procedures regarding the organization of its work and of its legislative process.

Article 60 Dissolution of the House

(1) With the consent of the House, the Prime Minister may cause the dissolution of the House before the expiry of its term in order to hold new elections.
(2) The President may invite political parties to form a coalition government within one week, if the Council of Ministers of a previous coalition is dissolved because of the loss of its majority in the House. The House shall be dissolved and new elections shall be held if the political parties cannot agree to the continuation of the previous coalition or to form a new majority coalition.
(3) If the House is dissolved pursuant to sub-article 1 or 2 of this article, new elections shall be held within six months of its dissolution.
(4) The new House shall convene within thirty days of the conclusion of the elections.
(5) Following the dissolution of the House, the previous governing party of coalition of parties shall continue as a caretaker government. Beyond conducting the day to day affairs
of government and organizing new elections, it may not enact new proclamations, regulations or decrees, nor may it repeal or amend any existing law.

Part Two The House of the Federation

Article 61 Members of the House of the Federation

(1) The House of the Federation is composed of representatives of Nations, Nationalities and Peoples.
(2) Each Nation, Nationality and People shall be represented in the House of the Federation by at least one member . Each Nation or Nationality shall be represented by one additional representative for each one million of its population.
(3) Members of the House of the Federation shall be elected by the State Councils. The State Councils may themselves elect representatives to the House of the Federation, or they may hold elections to have the representatives elected by the people directly.

Article 62 Powers and Functions of the House of the Federation

(1) The House has the power to interpret the Constitution.
(2) It shall organize the Council of Constitutional Inquiry.
(3) It shall, in accordance with the Constitution, decide on issues relating to the rights of Nations, Nationalities and Peoples to self-determination, including the right to secession.
(4) It shall promote the equality of the Peoples of Ethiopia enshrined in the Constitution and promote and consolidate their unity based on their mutual consent.
(5) It shall exercise the powers concurrently entrusted to it and to the House of Peoples’ Representatives.
(6) It shall strive to find solutions to disputes or misunderstandings that may arise between States.
(7) It shall determine the division of revenues derived from joint Federal and State tax sources and the subsidies that the Federal Government may provide to the States.
(8) It shall determine civil matters which require the enactment of laws by the House of Peoples’ Representatives.
(9) It shall order Federal intervention if any State, in violation of this Constitution, endangers the constitutional order.
(10) It shall establish permanent and ad hoc committees.
(11) It shall elect the Speaker and the Deputy Speaker of the House, and it shall adopt rules of procedure and internal administration.

Article 63 Immunity of Members of the House of Federation

(1) No member of the House of the Federation may be prosecuted on account of any vote he casts or opinion he expresses in the House, nor shall any administrative action be taken against any member on such grounds.
(2) No member of the House of the Federation may be arrested or prosecuted without the permission of the House except in the case of flagrante delicto.

Article 64 Decisions and Rules of Procedure

(1) The presence at a meeting of two-thirds of the members of the House of the Federation constitutes a quorum. All decisions of the House require the approval of a majority of members present and voting.
(2) Members of the House may vote only when they are present in person in the House.

Article 65 Budget
The House of the Federation shall submit its budget for approval to the House of Peoples’ Representatives.

Article 66 Powers of the Speaker of the House

(1) The Speaker of the House of the Federation shall preside over the meetings of the House.
(2) He shall, on behalf of the House, direct all its administrative affairs.
(3) He shall enforce all disciplinary actions the House takes on its members.

Article 67 Sessions and Term of Mandate

(1) The House of the Federation shall hold at least two sessions annually.
(2) The term of mandate of the House of the Federation shall be five years.

Article 68 Prohibition of Simultaneous Membership in the Two Houses
No one may be a member of the House of Peoples’ Representatives and of the House of the Federation simultaneously.

Chapter Seven The President of the Republic

Article 69 The President
The President of the Federal Democratic Republic of Ethiopia is the Head of State.

Article 70 Nomination and Appointment of the President

(1) The House of Peoples’ Representatives shall nominate the candidate for President.
(2) The nominee shall be elected President if a joint session of the House of Peoples’ Representatives and the House of the Federation approves his candidacy by a two-thirds majority vote.
(3) A member of either House shall vacate his seat if elected President.
(4) The term of office of the President shall be six years. No person shall be elected President for more than two terms.
(5) Upon his election in accordance with sub-article 2 of this article, the President, before commencing his responsibility, shall, at a time the joint session of the Houses determines, present himself before it and shall make a declaration of loyalty to the Constitution and the Peoples of Ethiopia in the following words:
“I ….., when on this date commence my responsibility as President of the Federal Democratic Republic of Ethiopia, pledge to carry out faithfully the high responsibility entrusted to me.”

Article 71 Powers and Functions of the President

(1) He shall open the joint session of the House of Peoples’ Representatives and the House of the Federation at the commencement of their annual sessions.
(2) He shall proclaim in the Negarit Gazeta laws and international agreements approved by the House of Peoples’ Representatives in accordance with the Constitution.
(3) He shall, upon recommendation by the Prime Minister, appoint ambassadors and other envoys to represent the country abroad.
(4) He shall receive the credentials of foreign ambassadors and special envoys.
(5) He shall award medals, prizes and gifts in accordance with conditions and procedures established by law.
(6) He shall, upon recommendation by the Prime Minister and in accordance with law, grant high military titles.
(7) He shall, in accordance with conditions and procedures established by law, grant pardon.

Chapter Eight The Executive

Article 72 The Powers of the Executive

(1) The Highest executive powers of the Federal Government are vested in the Prime Minister and in the Council of Ministers.
(2) The Prime Minister and the Council of Ministers are responsible to the House of Peoples’ Representatives. In the exercise of State functions, members of the Council of Ministers are collectively responsible for all decisions they
make as a body.
(3) Unless otherwise provided in this Constitution the term of office of the Prime Minister is for the duration of the mandate of the House of Peoples’ Representatives.

Article 73 Appointment of the Prime Minister

(1) The Prime Minister shall be elected from among members of the House of Peoples’ Representatives.
(2) Power of Government shall be assumed by the political party or a coalition of political parties that constitutes a majority in the House of Peoples’ Representatives.

Article 74 Powers and Functions of the Prime Minister

(1) The Prime Minister is the Chief Executive, the Chairman of the Council of Ministers, and the Commander-in-Chief of the national armed forces.
(2) The Prime Minister shall submit for approval to the House of Peoples’ Representatives 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.
(3) He shall follow up and ensure the implementation of laws, policies, directives and other decisions adopted by the House of Peoples’ Representatives.
(4) He leads the Council of Ministers, coordinates its activities and acts as its representative.
(5) He exercises overall supervision over the implementation of policies, regulations, directives and decisions adopted by the Council of Ministers.
(6) He exercises overall supervision over the implementation of the country’s foreign policy.
(7) He selects and submits for approval to the House of Peoples’ Representatives nominations for posts of Commissioners, the President and Vice-President of the Federal Supreme Court and the Auditor General.
(8) He supervises the conduct and efficiency of the Federal administration and takes such corrective measures as are necessary.
(9) He appoints high civilian officials of the Federal Government other than those referred to in sub-articles 2 and 3 of this article.
(10) In accordance with law enacted or decision adopted by the House of Peoples’ Representatives, he recommends to the President nominees for the award of medals, prizes and gifts.
(11) He shall submit to the House of Peoples’ Representatives periodic reports on work accomplished by the Executive as well as on its plans and proposals.
(12) He shall discharge all responsibilities entrusted to him by this Constitution and other laws.
(13) He shall obey and enforce the Constitution.

Article 75 Deputy Prime Minister

(1) The Deputy Prime Minister shall:
(a) Carry out responsibilities which shall be specifically entrusted to him by the Prime Minister;
(b) Act on behalf of the Prime Minister in his absence.
(2) The Deputy Prime Minister shall be responsible to the Prime Minister.

Article 76 The Council of Ministers

(1) The Council of Ministers comprises the Prime Minister, the Deputy Prime Minister, Ministers and other members as may be determined by law.
(2) The Council of Ministers is responsible to the Prime Minister.
(3) In all its decisions, the Council of Ministers is responsible to the House of Peoples’ Representatives.

Article 77 Powers and Functions of the Council of Ministers

(1) The Council of Ministers ensures the implementation of
laws and decisions adopted by the House of Peoples’ Representatives.
(2) It shall decide on the organizational structure of ministries and other organs of government responsible to it; it shall coordinate their activities and provide leadership.
(3) It shall draw up the annual Federal budget and, when approved by the House of Peoples’ Representatives, it shall implement it.
(4) It shall ensure the proper execution of financial and monetary policies of the country; it shall administer the National Bank, decide on the printing of money and minting of coins, borrow money from domestic and external sources, and regulate foreign exchange matters.
(5) It shall protect patents and copyrights.
(6) It shall formulate and implement economic, social and development policies and strategies.
(7) It shall provide uniform standards of measurement and calendar.
(8) It shall formulate the country’s foreign policy and exercise overall supervision over its implementation.
(9) It shall ensure the observance of law and order.
(10) It has the power to declare a state of emergency; in doing so, it shall, within the time limit prescribed by the Constitution, submit the proclamation declaring a state of emergency for approval by the House of Peoples’ Representatives.
(11) It shall submit draft laws to the House of Peoples’ Representatives on any matter falling within its competence, including draft laws on a declaration of war.
(12) It shall carry out other responsibilities that may be entrusted to it by the House of Peoples’ Representatives and the Prime Minister.
(13) It shall enact regulations pursuant to powers vested in it by the House of Peoples’ Representatives.

Chapter Nine Structure and Powers of the Courts

Article 78 Independence of the Judiciary

(1) An independent judiciary is established by this Constitution.
(2) Supreme Federal judicial authority is vested in the Federal Supreme Court. The House of Peoples’ Representatives may, by two-thirds majority vote, establish nationwide, or in some parts of the country only, the Federal High Court and First-Instance Courts it deems necessary. Unless decided in this manner, the jurisdictions of the Federal High Court and of the First-Instance Courts are hereby delegated to the State courts.
(3) States shall establish State Supreme, High and First-Instance Courts. Particulars shall be determined by law.
(4) Special or ad hoc courts which take judicial powers away form the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established.
(5) Pursuant to sub-article 5 of Article 34 the House of Peoples’ Representatives 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.

Article 79 Judicial Powers

(1) Judicial Powers, both at Federal and State levels, are vested in the courts.
(2) Courts of any level shall be free from any interference of influence of any governmental body, government official or from any other source.
(3) Judges shall exercise their functions in full independence and shall be directed solely by the law.
(4) No judge shall be removed from his duties before he reaches the retirement age determined by law except under the following conditions:
(a) When the Judicial Administration Council decides to remove him for violation of disciplinary rules or on grounds of gross incompetence or inefficiency; or
(b) When the Judicial Administration Council decides that a judge can no longer carry out his responsibilities on account of illness; and
(c) When the House of Peoples’ Representatives or the concerned State Council approves by a majority vote the decisions of the Judicial Administration Council.
(5) The retirement of judges may not be extended beyond the retirement age determined by law.
(6) The Federal Supreme Court shall draw up and submit to the House of Peoples’ Representatives for approval the budget of the Federal courts, and upon approval, administer the budget.
(7) Budgets of State courts shall be determined by the respective State Council. The House of Peoples’ Representatives shall allocate compensatory budgets for States whose Supreme and High courts concurrently exercise the jurisdiction of the Federal High Court and Federal First-Instance Courts.

Article 80 Concurrent Jurisdiction of Courts

(1) The Federal Supreme Court shall have the highest and final judicial power over Federal matters.
(2) State Supreme Courts shall have the highest and final judicial power over State matters. They shall also exercise the Jurisdiction of the Federal High Court.
(3) Notwithstanding the Provisions of sub-articles 1 and 2 of this article;
(a) The Federal Supreme Court has a power of cassation over any final court decision containing a basic error of law. Particulars shall be determined by law.
(b) The State Supreme Court has power of causation over any final court decision on State matters which contains a basic error of law. Particulars shall be determined by law.
(4) State High Courts shall, in addition to State jurisdiction, exercise the jurisdiction of the Federal First-Instance Court.
(5) Decisions rendered by a State High Court exercising the jurisdiction of the Federal First-Instance Court are appealable to the State supreme Court.
(6) Decisions rendered by a State Supreme Court on Federal matters are appealable to the Federal Supreme Court.

Article 81 Appointment of Judges

(1) The President and Vice-President of the Federal Supreme Court shall, upon recommendation by the Prime Minister, be appointed by the House of Peoples’ Representatives.
(2) Regarding other Federal judges, the Prime Minister shall submit to the House of Peoples’ Representatives for appointment candidates selected by the Federal Judicial Administration Council.
(3) The State Council shall, upon recommendation by the Chief Executive of the State, appoint the President and Vice-President of the State Supreme Court.
(4) State Supreme and High Court judges shall, upon recommendation by the State Judicial Administration Council, be appointed by the State Council. The State Judicial Administration Council, before submitting nominations to the State Council, has the responsibility to solicit and obtain the views of the Federal Judicial Administration Council on the nominees and to forward those views along with its recommendations. If the Federal Judicial Administration Council does not submit its views within three months, the State Council may grant the appointments.
(5) Judges of State First-Instance Courts shall, upon recommendation by the state Judicial Administration Council, be appointed by the State Council.
(6) Matters of code of professional conduct and discipline as well as transfer of judges of any court shall be determined by the concerned Judicial Administration Council.

Article 82 Structure of the Council of Constitutional Inquiry

(1) The Council of Constitutional Inquiry is established by this Constitution.
(2) The Council of Constitutional Inquiry shall have eleven members comprising:
(a) The President of the Federal Supreme Court, who shall serve as its President;
(b) The vice-president of the Federal Supreme Court, who shall serve as its Vice-President;
(c) Six legal experts, appointed by the President of the Republic on recommendation by the House of Peoples’ Representatives, who shall have proven professional competence and high moral standing;
(d) Three persons designated by the House of the Federation from among its members.
(3) The Council of Constitutional Inquiry shall establish organizational structure which can ensure expeditious execution of its responsibilities.

Article 83 Interpretation of the Constitution

(1) All constitutional disputes shall be decided by the House of the Federation.
(2) The House of the Federation shall, within thirty days of receipt, decide a constitutional dispute submitted to it by the Council of Constitutional Inquiry.

Article 84 Powers and Functions of the Council of Constitutional Inquiry

(1) The Council of Constitutional Inquiry shall have powers to investigate constitutional disputes. Should the Council, upon consideration of the matter, find it necessary to interpret the Constitution, it shall submit its recommendations thereon to the House of the Federation.
(2) Where any Federal or State law is contested as being unconstitutional and such a dispute is submitted to it by any court or interested party, the Council shall consider the matter and submit it to the House of the Federation for a final decision.
(3) When issues of constitutional interpretation arise in the courts, the Council shall:
(a) Remand the case to the concerned court if it finds there is no need for constitutional interpretation; the interested party, if dissatisfied with the decision of the Council, may appeal to the House of the Federation.
(b) Submit its recommendations to the House of the Federation for a final decision if it believes there is a need for constitutional interpretation.
(4) The Council shall draft its rules of procedure and submit them to the House of the Federation; and implement them upon approval.

Chatper Ten National Policy Principles and Objectives

Article 85 Objectives

(1) Any organ of Government shall, in the implementation of the Constitution, other laws and public policies, be guided by the principles and objectives specified under this Chapter.
(2) The term “Government” in this Chapter shall mean a Federal or State government as the case may be.

Article 86 Principles for External Relations

(1) To promote policies of foreign relations based on the protection of national interests and respect for the sovereignty of the country.
(2) To promote mutual respect for national sovereignty and equality of states and non-interference in the internal affairs of other states.
(3) To ensure that the foreign relation policies of the country are based on mutual interests and equality of states as well as that international agreements promote the interests of Ethiopia.
(4) To observe international agreements which ensure respect for Ethiopia’s sovereignty and are not contrary to the interests
of its Peoples.
(5) To forge and promote ever growing economic union and fraternal relations of Peoples with Ethiopia’s neighbours and other African countries.
(6) To seek and support peaceful solutions to international disputes.

Article 87 Principles for National Defence

(1) The composition of the national armed forces shall reflect the equitable representation of the Nations, Nationalities and Peoples of Ethiopia.
(2) The Minister of Defence shall be a civilian.
(3) The armed forces shall protect the sovereignty of the country and carry out any responsibilities as may be assigned to them under any state of emergency declared in accordance with the Constitution.
(4) The armed forces shall at all times obey and respect the Constitution.
(5) The armed forces shall carry out their functions free of any partisanship to any political organization(s).

Article 88 Political Objectives

(1) Guided by democratic principles, Government shall promote and support the People’s self-rule at all levels.
(2) Government shall respect the identity of Nations, Nationalities and Peoples. Accordingly Government shall have the duty to strengthen ties of equality, unity and fraternity among them.

Article 89 Economic Objectives

(1) Government shall have the duty to formulate policies which ensure that all Ethiopians can benefit from the country’s legacy of intellectual and material resources.
(2) Government has the duty to ensure that all Ethiopians get equal opportunity to improve their economic condition and to promote equitable distribution of wealth among them.
(3) Government shall take measures to avert any natural and man-made disasters, and, in the event of disasters, to provide timely assistance to the victims.
(4) Government shall provide special assistance to Nations, Nationalities, and Peoples least advantaged in economic and social development.
(5) Government has the duty to hold, on behalf of the People, land and other natural resources and to deploy them for their common benefit and development.
(6) Government shall at all times promote the participation of the People in the formulation of national development policies and programmes; it shall also have the duty to support the initiatives of the People in their development endeavors.
(7) Government shall ensure the participation of women in equality with men in all economic and social development endeavors.
(8) Government shall endeavor to protect and promote the health, welfare and living standards of the working population of the country.

Article 90 Social Objectives

(1) To the extent the country’s resources permit, policies shall aim to provide all Ethiopians access to public health and education, clean water, housing, food and social security.
(2) Education shall be provided in a manner that is free from any religious influence, political partisanship or cultural prejudices.

Article 91 Cultural Objectives

(1) Government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions of the Constitution.
(2) Government and all Ethiopian citizens shall have the duty to protect the country’s natural endowment, historical sites and objects.
(3) Government shall have the duty, to the extent its resources permit, to support the development of the arts, science and technology.

Article 92 Environmental Objectives

(1) Government shall endeavor to ensure that all Ethiopians live in a clean and healthy environment.
(2) The design and implementation of programmes and projects of development shall not damage or destroy the environment.
(3) People have the right to full consultation and to the expression of views in the planning and implementations of environmental policies and projects that affect them directly.
(4) Government and citizens shall have the duty to protect the environment.

Chapter Eleven Miscellaneous Provisions

Article 93 Declaration of State of Emergency

(1) (a) The Council of Ministers of the Federal Government shall have the power to decree a state of emergency, should an external invasion, a break down 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.
(b) Sate executives can decree a State-Wide state of emergency should a natural disaster or an epidemic occur. Particulars shall be determined in State Constitutions to be promulgated in conformity with this Constitution.
(2) A state of emergency declared in accordance with sub-article 1 (a) of this article:
(a) If declared when the House of Peoples’ Representatives is in session, the decree shall be submitted to the House within forty-eight hours of its declaration. The decree, if not approved by a two-thirds majority vote of members of the House of Peoples’ Representatives, shall be repealed forthwith.
(b) Subject to the required vote of approval set out in (a) of this sub-article, the decree declaring a state of emergency when the House of Peoples’ Representatives is not in session shall be submitted to it within fifteen days of its adoption.
(3) A state of emergency decreed by the Council of Ministers, if approved by the House of Peoples’ Representatives, can remain in effect up to six months. The House of Peoples’ Representatives may, by a two-thirds majority vote, allow the state of emergency proclamation to be renewed every four months successively.
(4) (a) When a state of emergency is declared, the Council of Ministers shall, in accordance with regulations it issues, have all necessary power to protect the country’s peace and sovereignty, and to maintain public security, law and order.
(b) The Council of Ministers shall have the power to suspend such political and democratic rights contained in this Constitution to the extent necessary to avert the conditions that required the declaration of a state of emergency.
(c) In the exercise of its emergency powers the Council of Ministers can not, however, suspend or limit the rights provided for in Articles 1, 18, 25, and sub-articles 1 and 2 of Article 39 of this Constitution.
(5) The House of Peoples’ Representatives, while declaring a state of emergency, shall simultaneously establish a State of Emergency Inquiry Board, comprising of seven persons to be chosen and assigned by the House from among its members and from legal experts.
(6) The State of Emergency Inquiry Board shall have the following powers and responsibilities:
(a) To make public within one month the names of all individuals arrested on account of the state of emergency together with the reasons for their arrest.
(b) To inspect and follow up that no measure taken during the state of emergency is inhumane.
(c) To recommend to the Prime Minister or to the Council of Ministers corrective measures if it finds and case of inhumane treatment.
(d) To ensure the prosecution of perpetrators of inhumane acts.
(e) To submit its views to the House of Peoples’ Representatives on a request to extend the duration of the state of emergency.

Article 94 Financial Expenditures

(1) The Federal Government and the States shall respectively bear all financial expenditures necessary to carry out all responsibilities and functions assigned to them by law. Unless otherwise agreed upon, the financial expenditures required for the carrying out of any delegated function by a State shall be borne by the delegating party.
(2) The Federal Government may grant to States emergency, rehabilitation and development assistance and loans, due care being taken that such assistance and loans do not hinder the proportionate development of States. The Federal Government shall have the power to audit and inspect the proportionate development of States.

Article 95 Revenue
The Federal Government and the States shall share revenue taking the federal arrangement into account.

Article 96 Federal Power of Taxation

(1) The Federal Government shall levy and collect custom duties, taxes and other charges on imports and exports.
(2) It shall levy and collect income tax on employees of the Federal Government and international organizations.
(3) It shall levy and collect income, profit, sales and excise taxes on enterprises owned by the Federal Government.
(4) It shall tax the income and winnings of national lotteries and other games of chance.
(5) It shall levy and collect taxes on the income of air, rail and sea transport services.
(6) It shall levy and collect taxes on income of houses and properties owned by the Federal Government; it shall fix rents.
(7) It shall determine and collect fees and charges relating to licenses issued and services rendered by organs of the Federal Government.
(8) It shall levy and collect taxes on monopolies.
(9) It shall levy and collect Federal stamp duties.

Article 97 State Power of Taxation

(1) States shall levy and collect income taxes on employees of the State and of private enterprises.
(2) States shall determine and collect fees for land usufractuary rights.
(3) States shall levy and collect taxes on the incomes of private farmers and farmers incorporated in cooperative associations.
(4) States shall levy and collect profit and sales taxes on individual traders carrying out a business within their territory.
(5) States shall levy and collect taxes on income from transport services rendered on waters within their territory.
(6) They shall levy and collect taxes on income derived from private houses and other properties within the State. They shall collect rent on houses and other properties they own.
(7) States shall levy and collect profit, sales, excise and personal income taxes on income of enterprises owned by the States.
(8) Consistent with the provisions sub-article 3 of Article 98, States shall levy and collect taxes on income derived from mining operations, and royalties and land rentals on such operations.
(9) They shall determine and collect fees and charges relating to licenses issued and services rendered by State organs.
(10) They shall fix and collect royalty for use of forest resources.

Article 98 Concurrent Power of Taxation

(1) The Federal Government and the States shall jointly levy and collect profit, sales, excise and personal income taxes on enterprises they jointly establish.
(2) They shall jointly levy and collect taxes on the profits of companies and on dividends due to shareholders.
(3) They shall jointly levy and collect taxes on incomes derived from large-scale mining and all petroleum and gas operations, and royalties on such operations.

Article 99 Undesignated Powers of Taxation
The House of the Federation and the House of Peoples’ Representatives shall, in a joint session, determine by a two-thirds majority vote on the exercise of powers of taxation which have not been specifically provided for in the Constitution.

Article 100 Directives on Taxation

(1) In exercising their taxing powers, Sates and the Federal Government shall ensure that any tax is related to the source of revenue taxed and that it is determined following proper considerations.
(2) They shall ensure that the tax does not adversely affect their relationship and that the rate and amount of taxes shall be commensurate with services the taxes help deliver.
(3) Neither States nor the Federal Government shall levy and collect taxes on each other’s property unless it is a profit-making enterprise.

Article 101 The Auditor General

(1) The Auditor General shall, upon recommendations of the Prime Minister, be appointed by the House of Peoples’ Representatives.
(2) The Auditor General shall audit and inspect the accounts of ministries and other agencies of the Federal Government to ensure that expenditures are properly made for activities carried out during the fiscal year and in accordance with the approved allocations, and submit his reports thereon to the House of Peoples’ Representatives.
(3) The Auditor General shall draw up and submit for approval to the House of Peoples’ Representatives his office’s annual budget.
(4) The details of functions of the Auditor General shall be determined by law.

Article 102 Election Board

(1) There shall be established a National Election Board independent of any influence, to conduct in an impartial manner free and fair election in Federal and State constituencies.
(2) Members of the Board shall be appointed by the House of Peoples’ Representatives upon recommendation of the Prime Minister. Particulars shall be determined by law.

Article 103 Population Census Commission

(1) There shall be established a National Census Commission that shall conduct a population census periodically.
(2) Members of the National Census Commission shall be appointed by the House of Peoples’ Representatives upon recommendation of the Prime Minister.
(3) The Commission shall have a Secretary General and necessary professional and support staff.
(4) The annual budget of the Commission shall be submitted for approval to the House of Peoples’ Representatives.
(5) A national populations census shall be conducted every ten years. The House of the Federation shall determine the boundaries of constituencies on the basis of the census results and a proposal submitted to the House by the National Election
Board.
(6) The Commission shall be accountable to the House of Peoples’ Representatives. It shall submit to the House periodic reports on the conduct of its programs and activities.

Article 104 Initiation of Amendments
Any proposal for constitutional amendment, if supported by two-thirds majority vote in the House of Peoples’ Representatives, or by a two-thirds majority vote in the House of the Federation or when one-third of the State Councils of the member States of the Federation, by a majority vote in each Council have supported it, shall be submitted for discussion and decision to the general public and to those whom the amendment of the Constitution concerns.

Article 105 Amendment of the Constitution

(1) All rights and freedoms specified in Chapter Three of this Constitution, this very article, and Article 104 can be amended only in the following manner:
(a) When all State Councils, by a majority vote, approve the proposed amendment;
(b) When the House of Peoples’ Representatives, by a two- thirds majority vote, approves the proposed amendment; and
(c) When the House of the Federation, by a two-thirds majority vote, approves the proposed amendment.
(2) All provisions of this Constitution other than those specified in sub-article 1 of this article can be amended only in the following manner:
(a) When the House of Peoples’ Representatives and the House of the Federation, in a joint session, approve a proposed amendment by a two-thirds majority vote; and
(b) When two-thirds of the Councils of the member States of the Federation approve the proposed amendment by majority votes.

Article 106 The Version with Final Legal Authority
The Amharic version of this Constitution shall have final legal authority.

Habtemicael v. Ashcroft

Posted on November 19, 2003 by Elias Kifle

United States Court of Appeals for the Eighth Circuit

Habtemicael v. Ashcroft

Andre Timothy Hanson, argued, Minneapolis, MN (Michelle S. Grant, Minneapolis, MN, on the brief), for appellant.

James E. Grives, U.S. Dept. of Justice, Office of Immigration Litigation, argued, Washington, DC, for appellee.

Before MURPHY, LAY, and FAGG, Circuit Judges.

ORDER

Respondent’s petition for rehearing by the panel is denied. On the court’s own motion, the opinion issued on March 9, 2004, is hereby withdrawn and the enclosed amended opinion is substituted in its place. The court’s March 9, 2004, judgment affirming in part, reversing in part and remanding the case for further findings on petitioner’s claim under the Convention Against Torture remains in effect.

MURPHY, Circuit Judge.
1

Petitioner Yohannes Habtemicael seeks asylum and withholding of deportation, as well as relief under the Convention Against Torture (Convention). The immigration judge denied relief, and the Board of Immigration Appeals affirmed without opinion. Habtemicael appeals. We affirm the denial of asylum and withholding of deportation, but we remand Habtemicael’s claim under the Convention for further findings.
2

Yohannes Habtemicael was born in January 1965 in Asmara, Ethiopia. Asmara is today the capital city of Eritrea, now a nation of 3.9 million people located in the Horn of Africa. The territory making up Eritrea was part of Ethiopia from 1952 until 1993, but in 1962 revolutionary forces led by the Eritrean Liberation Front (ELF) began a war for independence. In 1970 a Marxist/Leninist faction of the ELF formed the Eritrean People’s Liberation Front (EPLF) which became the leading revolutionary movement in Eritrea by the mid1980s. Habtemicael was a citizen of Ethiopia and was opposed to the EPLF on ideological grounds.
3

Habtemicael was hired by the Ethiopian Relief and Rehabilitation Commission (ERRC) in November 1984 to supervise children’s feeding centers funded by the United Nations. In the course of this work he was sent by the ERRC to Barentu, Ethiopia, a small town about 140 miles from Asmara, on May 23, 1985. About six weeks later the EPLF attacked Barentu and defeated the Ethiopian forces. Habtemicael was forced by the EPLF to help with its wounded, to bury the dead, and to undergo political reeducation. He and other able bodied men were also pressed into military service as replacements for fallen revolutionary soldiers. From August 1985 to January 1986, Habtemicael underwent further political education and military training by the EPLF. He was told by other captives that any sign of opposition to the EPLF would lead to severe torture, that any unarmed attempt to escape would be punished by underground imprisonment, and that any attempt to escape with a weapon could lead to summary execution. Habtemicael resolved nevertheless to try to escape with his rifle.
4

On January 2, 1986, Habtemicael was collecting firewood some distance from the EPLF camp with twenty to thirty other men. He had his rifle and a small amount of food and water with him, and he and two others decided to escape. When EPLF guards realized that the three had disappeared, a group of soldiers pursued them. The soldiers caught up with them after a few hours, and a gunfight ensued. Two EPLF soldiers were killed, but Habtemicael and his companions were able to escape with their lives. Traveling under cover of night, they fled into Sudan three days later.
5

Habtemicael moved to Saudi Arabia in 1989 because he feared EPLF sympathizers active in Sudan would find him if he remained there. After six years in Saudi Arabia, he was told that he would be deported unless he converted from Christianity to Islam. Because he feared retaliation for his actions against the EPLF if he were sent back to Eritrea, Ethiopia, or Sudan, Habtemicael obtained a tourist visa and fled to the United States. He entered this country on June 12, 1995 and secured a three year student visa soon after his arrival. Since then he has continued his education at Minneapolis Community College and maintained employment. He is an active member of his church and has never been arrested.
6

In 1991 the Ethiopian People’s Revolutionary Democratic Front (EPRDF) overthrew the Ethiopian government. The United Nations sponsored peace negotiations between the EPRDF and Eritrea’s EPLF in the early 1990s, which led to an internationally monitored referendum on Eritrean independence in 1993. Eritreans then voted overwhelmingly to secede from Ethiopia, and in 1993 the EPLF took control of the new Eritrean government and remains in power today, although it is now called the People’s Front for Democracy and Justice. The United States recognized Eritrea as an independent sovereign nation on April 27, 1993.
7

Habtemicael alleges that if he were to be returned to Eritrea, it is probable that the government would persecute or torture him because of his ideological opposition to the EPLF, his escape in 1986, and his failure to make the payments required for expatriates to have an Eritrean identity card. Such a card signifies that its holder is a citizen in good standing who has fulfilled his military service requirement. If he were returned to Eritrea without an identity card, Habtemicael could be punished for failure to make the obligatory payments or conscripted into military service.
8

Habtemicael filed an affirmative application for asylum in this country on March 26, 1997, almost ten months before his student visa was to expire. He asserted that he had previously been the victim of political persecution by the EPLF and feared further persecution if he were to return because it now controls the Eritrean government.
9

Habtemicael met with an asylum officer on March 10, 1998. The officer found that his involuntary recruitment by the EPLF had not been based on his political beliefs, but was simply due to his presence in Barentu when it was taken. Since Habtemicael had not yet presented evidence that the EPLF had records of his conscription or escape, the asylum officer assumed that the Eritrean government would probably be unaware of his past and would therefore be unlikely to persecute him in the future on account of his political opinion. His asylum application was denied.
10

Habtemicael’s student visa expired January 25, 1998, and the Immigration and Naturalization Service (INS) initiated deportation proceedings on March 18, 1998. At his appearance before an immigration judge on May 26, 1998, Habtemicael conceded deportability. He again applied for asylum and withholding of removal based on past persecution and fear of future persecution on account of political opinion. At the invitation of the immigration judge, Habtemicael also added a request for relief under Article III of the Convention Against Torture.
11

In an oral decision on June 25, 1999, the immigration judge found Habtemicael ineligible for asylum because there was no evidence to suggest that the EPLF had abducted or pursued him on account of his political beliefs. Any future action taken by the Eritrean government to punish Habtemicael for his escape and for the killing of EPLF soldiers would be motivated by a desire to punish a military deserter rather than the desire to persecute an ideological opponent. The immigration judge also rejected Habtemicael’s argument that any punishment for his failure to support the Eritrean government financially during his time in the United States would be persecution on the basis of imputed political opinion. His failure to pay what amounts to a tax on citizens living abroad would not be viewed as a political statement, the judge concluded, and most likely Habtemicael would simply be conscripted into military service for not making the payments.
12

The immigration judge also found Habtemicael ineligible for relief under Article III of the Convention Against Torture. As the judge noted, the Convention defines torture to exclude pain or suffering arising from, inherent in, or incidental to lawful sanctions that do not otherwise defeat the purposes of the Convention. The pain or suffering inherent in a lawfully imposed death penalty is not considered torture under the Convention, and a government has authority to punish and even execute individuals who avoid conscription or desert military forces during wartime. The immigration judge concluded that prosecution and punishment of Habtemicael for his desertion from EPLF forces in 1986 would be a legitimate exercise of governmental power not prohibited by the Convention. Although the judge did not deny that Habtemicael “may have to answer for” his actions in 1986, he concluded that Habtemicael was not eligible for relief under the Convention. Habtemicael’s alternative request for voluntary departure was denied because he did not possess any valid travel documents. Without such documentation, an alien cannot establish that he has the means to depart the United States and is therefore ineligible for voluntary departure.
13

Habtemicael appealed the immigration judge’s rulings denying him asylum, withholding of deportation, and relief under the Convention. The Board of Immigration Appeals summarily affirmed without opinion. See 8 C.F.R. § 1003.1(a)(7) (2004). Habtemicael now appeals to this court.
14

We treat the immigration judge’s opinion as that of the board when it has affirmed without a written opinion. Id.; Dominguez v. Ashcroft, 336 F.3d 678, 679 n. 1 (8th Cir.2003). The judge’s findings of fact will be disturbed only if unsupported by substantial evidence. Francois v. INS, 283 F.3d 926, 931 (8th Cir.2002). This court must defer to the immigration judge’s findings of fact and disposition of the case unless Habtemicael demonstrates that the record evidence was “so compelling that no reasonable factfinder could fail to find” him eligible for asylum, withholding of deportation, or relief under the Convention Against Torture. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); 8 U.S.C. § 1252(b)(4)(B) (2004). Conclusions of law are reviewed de novo, with substantial deference to interpretations of statutes and regulations administered by the agency. Regalado-Garcia v. INS, 305 F.3d 784, 787 (8th Cir.2002).
15

An alien who is otherwise deportable may be granted asylum if he demonstrates that he has a well founded fear that he will suffer persecution in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion. See 8 U.S.C. § 1158(b) (2004) (Attorney General may grant asylum to refugees); 8 U.S.C. § 1101(a)(42)(A) (2004) (defining refugee). An alien who establishes that he has previously been the victim of persecution in the proposed country of removal is entitled to a rebuttable presumption that he would in the future be similarly persecuted in that country. 8 C.F.R. § 208.16(b)(1) (2004). An alien who can establish by a clear probability that he will be persecuted because of his political opinion qualifies for mandatory withholding of deportation. See 8 U.S.C. § 1253(h) (pre-IIRIRA provision);1 INS v. Aguirre-Aguirre, 526 U.S. 415, 419, 119 S.Ct. 1439, 143 L.Ed.2d 590 (1999). Because a greater degree of certainty must be shown by an applicant to qualify for mandatory withholding of deportation under § 1253(h) than for asylum under § 1158(b), an alien who fails to carry his burden of proof under § 1158(b) will also fail under § 1253(h). See Janusiak v. INS, 947 F.2d 46, 47 (3d Cir.1991).
16

After studying the record we agree with the immigration judge that Habtemicael failed to demonstrate past persecution on account of his political beliefs. Even if the EPLF’s program of impressing laborers and soldiers was motivated by its political ideology, that does not mean that Habtemicael was impressed on account of his political beliefs as required for relief under the asylum statute. See Elias-Zacarias, 502 U.S. at 482, 112 S.Ct. 812. Professor Harold G. Marcus, a distinguished professor of East African history at Michigan State University, testified at the immigration hearing on behalf of Habtemicael. He stated that the EPLF lost a lot of personnel in the mid1980s and was “desperate for manpower” when Habtemicael was abducted. Its criterion for forcing individuals into military service was simple: they sought men, and later women, with “two legs that could move.” We conclude that there was substantial evidence in the record to support the immigration judge’s finding that Habtemicael was abducted and pursued for reasons other than his political beliefs. Habtemicael is thus ineligible for a presumption of future persecution in Eritrea based on past political persecution in that area.
17

Habtemicael also failed to establish a well founded fear or clear probability that he would be persecuted for his political beliefs if returned to Eritrea. He testified that the Eritrean government would interpret his escape, the shooting of two EPLF soldiers trying to apprehend the escapees, and his lack of financial support as evidence of antiEritrean political sentiment. The immigration judge found that any adverse action which might be taken against Habtemicael by the Eritrean government would be on account of his desertion from the EPLF and the deaths of its soldiers, not on account of his politics. While Habtemicael might indeed be punished or conscripted for his failure to contribute money to the Eritrean government, that could not form the basis of an asylum claim because his failure to make payments did not by itself express a political opinion. If he were conscripted, it would be because he had not completed his military service requirement rather than because of his political beliefs.
18

Our review of the record shows that the immigration judge’s finding that Habtemicael has no well founded fear of future persecution on the basis of his political beliefs is supported by substantial evidence. We conclude that the immigration judge did not err in finding Habtemicael ineligible for asylum under 8 U.S.C. § 1158(b) or for withholding of deportation under 8 U.S.C. § 1253(h).
19

Habtemicael’s remaining claim arises under Article III of the United Nations Convention Against Torture. Article III of the Convention provides that a signatory country may not remove a person to another nation if there are “substantial grounds for believing that he would be in danger of being subjected to torture” in that nation. Foreign Affairs Reform and Restructuring Act of 1998 § 2242, Pub.L. No. 105-277 (Oct. 21, 1998). The United States has signed, ratified, and codified the Convention which became binding on it in November of 1994 upon delivery of ratifying documents to the United Nations.
20

The Convention is implemented in this country by 8 C.F.R. § 208.18. As relevant to this case it defines torture as:
21

any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as … punishing him or her for an act he or she or a third person has committed … when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
22

8 C.F.R. § 208.18(a)(1) (2004). Torture does not include “pain or suffering arising only from, inherent in or incidental to lawful sanctions.” 8 C.F.R. § 208.18(a)(3). Lawful sanctions include “judicially imposed sanctions and other enforcement actions authorized by law,” including the death penalty, so long as those sanctions do not defeat the object and purpose of the Convention to prohibit torture. Id.
23

Habtemicael contends that he would be unlawfully and extrajudicially executed as punishment for his actions in 1986 if returned to Eritrea, and that he may thus face a threat of imminent death proscribed by the Convention. The immigration judge recognized that Habtemicael could face sanctions for desertion or for the death of two EPLF soldiers if returned to Eritrea, but the judge concluded that prosecution on these grounds would be within the “recognized authority of a governmental entity” and would thus not amount to torture within the meaning of the Convention. Unlike the immigration judge’s discussion of Habtemicael’s asylum and withholding of removal claims, his brief analysis of the Convention claim was inadequate.
24

The immigration judge made no findings as to whether the EPLF had the status of a recognized government when Habtemicael was forced into its service in Barentu or whether it had the authority to impress an Ethiopian citizen into military service against the Ethiopian government. At the time Habtemicael was forced into involuntary service in 1985 and escaped from it in 1986, the EPLF was a revolutionary front fighting to become a recognized government independent of Ethiopia. The United Nations monitored referendum on Eritrean independence was not conducted until 1993, and the United States did not recognize Eritrea as a sovereign nation until May 27 of that year — more than seven years after Habtemicael’s escape from the EPLF. Respondent asks this court to consider evidence that the EPLF had previously established a provisional government in some parts of Ethiopia, but the extent of its authority in 1985 and 1986 is a question for the immigration judge in the first instance, as is any legal consequence. The position taken by the executive branch of the government as to which entity has sovereignty over a disputed territory is relevant to the determination. See Baker v. Carr, 369 U.S. 186, 212, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962). If the EPLF did not have sovereign authority in 1986, then Habtemicael as a citizen of Ethiopia may have acted lawfully in escaping and defending himself against recapture. The sanction of death might therefore be a violation of the Convention Against Torture.2
25

Habtemicael would qualify for relief under the Convention only if he produced evidence showing that on his return, the Eritrean government or persons acting with its acquiescence, would more likely than not intentionally subject him to torture. 8 C.F.R. §§ 208.16(c)(2), 208.18(a)(6)-(8). A petitioner must establish that he will probably be tortured, not merely that he will be punished in some way that does not amount to torture. See 8 C.F.R. § 208.18(a)(2). See also Perinpanathan v. INS, 310 F.3d 594, 599 (8th Cir.2002). An unlawful or extrajudicial threat of imminent death comes within the definition of torture if it is specifically intended to bring about prolonged mental pain or suffering. 8 C.F.R. §§ 208.18(a)(3), (a)(4)(iii), (a)(5). This intent requirement is satisfied if prolonged mental pain or suffering either is purposefully inflicted or is the foreseeable consequence of a deliberate act. Zubeda v. Ashcroft, 333 F.3d 463, 473 (3d Cir.2003).
26

Whether Habtemicael produced evidence sufficient to support his claim that he would be unlawfully subjected to such a threat of imminent death by the Eritrean government is a question for the immigration judge to resolve.3 Habtemicael testified that he was threatened with death if he attempted to escape from the EPLF and that he believes that this threat would be carried out if he returned to Eritrea. Professor Marcus testified that Habtemicael would “stick out” because he is young, lacks an Eritrean identity card and passport, and has no papers saying that he has been in the military making him automatically eligible for conscription. He stated that Eritrea’s highly organized and centralized government would quickly discover Habtemicael’s past and that he would likely face detention under harsh conditions, physical mistreatment, and an unfair and perhaps secret trial. Professor Marcus indicated that Habtemicael could be executed without judicial process, for at the time of his testimony Eritrean deserters in an ongoing border dispute were “being shot, period.” In his judgment, “they are going to make him pay for what happened … in the eighties.”
27

The immigration judge found the uncontradicted testimony of Habtemicael and Professor Marcus credible, and a petitioner’s credible testimony alone can be sufficient to sustain his burden of proof. 8 C.F.R. § 208.16(c)(2); Zubeda, 333 F.3d at 471; Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000). There is also documentary evidence in the administrative record that appears to support the testimony. See, e.g., U.S. Dept. of State, Bureau of Democracy, Human Rights, and Labor, Eritrea: Country Report on Human Rights Practices for 1998 at *2-4 (February 26, 1999) (Eritrean military authorities arbitrarily arrest and detain guerillas from the war for independence without formal charges or judicial process where they have been accused of violating the stringent unwritten code of military conduct; Eritrean security forces physically abused, beat, raped, and mistreated persons with impunity).
28

The immigration judge stated that there was no dispute that Habtemicael “may have to answer for his desertion from the EPLF military and … the shooting of EPLF soldiers while deserting,” but summarily concluded that any punishment of Habtemicael would be lawful and therefore not proscribed by the Convention. The regulations require that all evidence relevant to the possibility of future torture must be considered, 8 C.F.R. § 208.16(c)(3), but it does not appear that the judge considered evidence that the EPLF was not then a legitimate governmental authority, that any Eritrean sanction for the events in 1986 might therefore be unlawful, or that today a sanction could be imposed without judicial process. The immigration judge also did not reach the question of whether any punishment Habtemicael might receive would more likely than not subject him to a threat of imminent death that would violate the Convention. When an agency makes a finding of fact without mentioning or analyzing significant evidence, its decision should be reconsidered. Palavra v. INS, 287 F.3d 690, 693 (8th Cir.2002) (citing Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951)). See also Hernandez v. INS, 258 F.3d 806, 814 (8th Cir.2001) (remanding where board failed to consider evidence pertinent to asylum claim).
29

Without further factfinding we are unable to review the disposition of Habtemicael’s Convention claim. See Palavra, 287 F.3d at 694 (case not ripe for appellate review where board did not consider facts pertinent to asylum claim). The immigration court is the proper forum to make factual determinations relevant to a claim under the Convention Against Torture. See INS v. Ventura, 537 U.S. 12, 17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (court of appeals committed clear error in not remanding to board for initial consideration of factual questions relevant to immigration case). One of the other cases in which the immigration judge did not fully consider the record on a claim under the Convention was remanded by the Third Circuit “to allow clarification of the record and an opportunity for any additional fact finding or evidence that may be necessary.” Zubeda, 333 F.3d at 479. A remand to the board is also appropriate in this case so that additional findings can be made with respect to Habtemicael’s Convention claim. See id. at 478; Mansour, 230 F.3d at 909 (remand necessary where board failed to consider evidence pertinent to Convention claim).
30

Accordingly for the reasons stated, we affirm the board’s order denying Habtemicael’s claims for asylum under 8 U.S.C. § 1158(b) and for withholding of deportation under 8 U.S.C. § 1253(h). We vacate that part of the board’s order denying Habtemicael’s claim for relief under Article III of the Convention Against Torture and remand for further findings as to whether Habtemicael is more likely than not to suffer torture within the meaning of the Convention if returned to Eritrea.

Notes:
1

Because proceedings in this case began prior to April 1, 1997, amendments to the withholding provisions contained in the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA), Pub.L. No. 104-208 (Sept. 30, 1996), codified at 7 U.S.C. § 1231(b)(3), do not applyFisher v. INS, 291 F.3d 491, 496 (8th Cir.2002); Afolayan v. INS, 219 F.3d 784, 787 (8th Cir.2000).
2

Habtemicael also argues that any sanction for his actions in 1986 would be an ex post facto punishment in violation of international lawCf. Landgraf v. USI Film Prods., 511 U.S. 244, 265, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994) (ex post facto clause expresses universal principle that retroactive criminal sanctions are necessarily invalid); Universal Declaration of Human Rights, Art. 11(2), adopted Dec. 10, 1948, U.N. G.A. Res. 217(III) (“No one shall be held guilty of any penal offense on account of any act … which did not constitute a penal offense … when it was committed.”); Eritrean Const. Art. 18(2), ratified May 24, 1997 (expressing identical principle).
3

Under IIRIRA’s transitional rules which apply to aliens such as Habtemicael whose deportation cases were initiated prior to April 1, 1997, we must “decide the petition only on the administrative record on which the order of removal is based.” 8 U.S.C. § 1252(b)(4)(A). Neither party here has suggested that conditions in Eritrea have changed since the administrative proceedings

Interview with Meaza Ashenafi, women lawyers association of Ethiopia

Posted on November 7, 2003, Updated on January 10, 2013 by Elias Kifle

Photo: IRIN/Anthony Mitchell

Meaza Ashenafi

ADDIS ABABA (IRIN) – Meaza Ashenafi founded the Ethiopian Women Lawyers Association (EWLA) in 1995, of which she is still the executive director. After returning to Ethiopia from the US, where she received the Hunger Project Award – known as the African Nobel Prize – for representing women in Ethiopia, she told IRIN about the difference her organisation has made in ensuring women’s rights, but also why Ethiopia is still an extremely difficult country to live in as a woman.

QUESTION: What is the position of women in Ethiopia today?

ANSWER: The position of women is very difficult – economically, politically and socially. They have no voice, they have no economic power, they have no social power, and they are not organised. They cannot put pressure on the government.

Q: Is Ethiopia a good place to be a woman compared to other African countries?

A: Uganda is a good place, Tanzania is much better than us, South Africa is much better.

Q: What difference to women’s lives have you made here?

A. That is a difficult question, because if you ask me what difference we have made to the day-to-day lives of women, we haven’t done much. It is a complicated question – one of social development, poverty reduction and so on.

Q: So you shouldn’t have won the award?

A: I can give you the impact in a general way. We have contributed to the development of family law, which originally was discriminatory against women. So we pushed for that, and also for the introduction of new land laws. The former family law used to say that the husband is the head of the family, the husband is in charge of the common property of the family. Everything was linked to gender division.

Q: What has changed?

A: The personal relations of the husband and wife. The former law says if the husband cannot afford to pay for a domestic worker, then the woman should take care of the domestic work. It also has implications for divorce and property division, maintenance and custody. These [cases] were not going to the regular court – they were handled by family arbitration, which was against the interests of women, because it was composed of mainly men and almost always decided in the interests of the man. That now has changed.

Q: Are women adequately protected under the law now?

A: In terms of law and policy, the framework is generally good, but there are some subordinate laws that need to be rectified.

Q: Which ones?

A: There is no specific law talking about domestic violence, so we need laws there; there is no law on workplace sexual harassment. Also, we have a law on affirmative action. There is a provision under the constitution which says that women are entitled to affirmative action, but there are gaps in the law itself.

Q: The government says it has signed up to numerous conventions on human rights – why then the problem?

A: Because we don’t have the mechanisms, we don’t have the factors to implement those constitutional principles. We have good international standards, but we don’t have courts that are capable of interpreting and applying those laws. We don’t have the human rights commission in place, an ombudsman, or enforcement.

Q: Would you like to see political leaders doing gender awareness courses?

A: That is very important, very critical, because often we think they are doing things deliberately, ignoring our issues. But more often they are not, it is because there are competing agendas on government decision-makers. So training should be a key component.

Q: What is the next legal policy that EWLA is trying to shape?

A: The issue of women’s land rights is a key issue. In the constitution, women are guaranteed the right to land, but this is not happening in practice. Almost in all regions, women do not have any access to land whatsoever. They don’t have the right to inherit, and the only option is to get married and have a husband. But when the husband dies, they are also kicked off their land.

We also want to see more women participate in the 2005 election, not only as voters but also as candidates. We want to see the election law amended to see a critical number of female candidates, because that is what they do in Mozambique, South Africa and Uganda.

Q: Is there a difference between changing the law and changing what people actually do?

A: That is another challenge, because, like in many developing countries, there are laws, there are policies, but implementation of those laws needs infrastructure, skill and knowledge.

Q: Early marriage is against the law but still occurs?

A: In the former family law it stated that women could get married at the age of 15. Now it says 18, but if you go to certain parts of the country, children get married at the age of eight or 10. Yes, this is another challenge, but now we have the legal framework, so we can ask for accountability.

Q: Is it a good thing to challenge and take away these traditions in Ethiopia?

A: I think traditions are good, customs are good, and we have good customs, but we don’t need to live with the bad customs like female genital mutilation, domestic violence and early marriage. It’s against development and its against poverty reduction. Why is it we must hang on to these customs?

Q: But there are many women who support these things you are fighting.

The Untimely Death of Surafel Assaminew

Posted on September 24, 2003, Updated on December 16, 2007 by EthiopianReview.com

Office of the Mayor of Atlanta
To the Honorable Shirley Franklin

We the members and friends of the Ethiopian-American community express our deepest concern over the fatal shooting of Surafel Assaminew, a final year Electrical Engineering student of Stone Mountain, GA.

Surafel was shot and killed by police in Cobb County at noon on Tuesday, September 16th 2003. He succumbed to five bullet wounds fired by two police officers although he was not armed with a deadly weapon at the time.

Surafel Assaminew was the son of the late renowned Ethiopian journalist Assaminew Gebrewold. He was known to many in his community as a talented young poet lyricist, and musician.

Initial police reports assert that Surafel was involved in an altercation with a former roomate wherein neighbors called 911 to alert police of the disturbance. Police located Surafel in a driveway approximately a block away from the place of the incident holding a 4 inch wooden board in his hand. Claiming ‘self-defense’ police then shot live ammunition at Surafel who they said refused to drop the wooden board. Additional police and news reports also assert that Surafel had a history of mental illness and was undergoing treatment.

The two police officers are now on administrative leave. However details of the incident have not been clearly investigated and reasons for the fatal shooting do not appear to be justified. On behalf of his family and friends we the undersigned are calling for a full and open investigation regarding the untimely death of Surafel Assaminew.

Click here to sign the petition
http://ocopy.com/petition.html

Below are a few links highlighting Surafel Assaminew’s poems, music and interviews:
www.abesha-media.com/archives/0burntface/burntsurafel.html
www.seleda.com/oct01/30questions.shtml
www.seleda.com/july/hustle.shtml

EC to help ensure free and fair elections

Posted on September 2, 2003, Updated on January 10, 2013 by Elias Kifle

ADDIS ABABA (IRIN) – The European Commission (EC) has pledged over € 500,000 to help ensure democratic and fair elections in Ethiopia in 2005.

The funding is part of a worldwide initiative for developing countries worth around € 31 million aimed at ensuring global “peace and stability”.

Opposition parties are gearing up for the elections in a bid to end the decade-long rule of the coalition Ethiopian People’s Revolutionary Democratic Front (EPRDF).

The EPRDF won the last election in 2000 taking 472 of the 522 seats. But opposition parties complained of harassment during polling.

In Ethiopia, the EC money will be used to support the German Friedrich-Ebert-Stiftung (FES) organisation which has been working in Ethiopia since the 1960s.

“Like many other countries in Africa, Ethiopia is in a process of transforming itself economically, socially and politically towards a more open, pluralistic and democratic society,” FES said.

The organisation said it had helped educate some 150,000 voters during the last elections – the second democratic elections ever to take place in the impoverished country.

The European Union is the biggest international donor to Ethiopia.

In a statement, the EC said the financing came under the European Initiative for Democracy and Human Rights (EIDHR).

Chris Patten, the European Commissioner for External Relations, said the funding would be used to support non-governmental organisations.

“Promoting human rights, democratisation and the rule of law fosters international peace and stability,” he added in the statement released by the Commission. “This is a sensible and constructive form of pre-emption to which the EU can happily subscribe.”