Constitution of Ethiopia
From Roach Busters
Proclamation Promulgating the Revised Constitution of the Empire of Ethiopia
CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, twenty-four years ago, at the beginning of Our Reign, We granted to Our faithful subjects and proclaimed a Constitution for the Empire of Ethiopia; and WHEREAS, AMIGHTY GOD, THE SOURCE OF ALL BENEFITS, has strengthened and inspired Us to lead Our beloved People, during Our Reign, through the greatest of trials and hardships, to an era of great progress in all fields; and WHEREAS, being desirous of consolidating the progress achieved and of laying a solid basis for the happiness and prosperity of the present and future generations of Our People, We have prepared a Revised Constitution for Our Empire after many years of searching study and reflection; and WHEREAS, Our Parliament, after due examination and deliberation has submitted to Us its approval of this Revised Constitution; NOW THEREFORE, WE, HAILE SELASSIE I, EMPEROR OF ETHIOPIA, do, on the occasion of the Twenty-Fifth Anniversary of Our Coronation, hereby proclaim and place into force and effect as of to-day, the Revised Constitution of the Empire of Ethiopia for the benefit, welfare and progress of Our beloved People. GIVEN in Our Imperial Capital, on this the 24th day of Tekemt, 1948 (Ethiopian Calandar), and on the Twenty-Fifth Anniversary of Our Coronation.
The Ethiopian Empire and the Succession to the Throne
Chapter I
Chapter I
Article 1
The Empire of Ethiopia comprises all the territories, including the islands and the territorial waters, under the sovereignty of the Ethiopian Crown. Its sovereignty and territory are indivisible. Its territories and the sovereign rights therein are inalienable. All Ethiopian subjects, whether living within or without the Empire, constitute the Ethiopian people.
Article 2
The Imperial dignity shall remain perpetually attached to the line of Haile Selassie I, descendant of King Sahle Selassie, whose line descends without interruption from the dynasty of Menelik I, son of the Queen of Ethiopia, the Queen of Sheba, and King Solomon of Jerusalem.
Article 3
The succession to the Throne and Crown of the Empire by the descendants of the Emperor and the exercise of the powers of Regency shall be determined as hereinafter provided.
Article 4
By virtue of His Imperial Blood, as well as by the anointing which He has received, the person of the Emperor is sacred, His dignity is inviolable and His Powers indisputable. He is consequently entitled to all the honors due to Him in accordance with tradition and the present Constitution. Any one so bold as to seek to injure the Emperor will be punished.
Article 5
The order of succession shall be lineal, and only male, born in lawful wedlock, may succeed male; the nearest line shall pass before the more remote, and the elder in the line before the younger. Conformity with the provisions of this Article and the following Articles 6 – 16, a special law shall determine the order of, and the qualification for, the succession.
Article 6
Among those entitled to the succession shall be reckoned also the son unborn, who shall immediately take his proper place in the line of succession the moment he is born into the world.
Article 7
In the event that, at the time of His succession to the Throne and Crown, the Emperor shall have attained the age of eighteen years, He shall, on the day determined by Him, but in any event not later than one year after His succession to the Crown, be anointed and crowned as Emperor, the provisions and details of the Coronation being determined in the Coronation Ceremonial of the Ethiopian Orthodox Church of 2nd November, 1930.
Article 8
Regency shall exist in the event that the Emperor is unable to exercise the Imperial Office whether by reason of minority, absence from the Empire, or by reason of serious illness as determined by the Crown Council. In such cases the Regency shall exercise in the name of the Emperor all the powers and prerogatives of the Crown, except that the Regency shall have no power to grant the title of Prince, and shall have caretaker powers only as regards the properties of the Crown and of the Emperor. Regency shall automatically terminate upon the cessation as regards the Emperor, of the conditions having given rise to the Regency, in accordance with the provisions of the present article. Regency shall be exercised respectively in the situations as provided for in Article 9 and 11, by the person or by the Council as provided for in Articles 10 and 11.
Article 9
In the event that the Emperor or in the event that the Crown Prince of the Heir Presumptive, in the situations provided for in Article 11, shall not have attained the age of eighteen years, the Regency shall be exercised by the Council of Regency as provided for in Article 11.
Article 10
The Council of Regency shall consist of the Empress Mother, the two descendants of the line of Sahle Sellassie most nearly related to the Emperor, as determined by the Crown Council, having reached the age of eighteen and being of sound mind, the Patriarch, the Prime Minister, the President of the Senate and the President of the Chamber of Deputies. The President of the Council of Regency shall be the Empress Mother, or, in Her absence, the Prime Minister. No decisions of the Council of Regency shall be taken except by a majority vote of two-thirds of the Members thereof.
Article 11
Regency shall be exercised by the Crown Prince or the Heir Presumptive, as the case may be, in case of the serious illness, or absence of the Emperor from the Empire. However, in the event that the Crown Prince or the Heir Presumptive, as the case may be, himself shall be subject to serious illness, or shall be absent from the Empire, or shall not have attained his eighteenth year, the Regency shall be exercised by the Council of Regency, which shall automatically relinquish its functions to the Crown Prince of the Heir Presumptive, as the case may be, upon the cessation of any such disability of the Crown Prince or the Heir Presumptive, as the case may be. Serious illness of the Crown Prince or the Heir Presumptive, as the case may be, shall be determined by the Crown Council.
Article 12
Upon the birth of the Crown Prince, the Emperor shall designate the members of the Council of Guardianship to be convened and to assume its responsibilities only in the event of a Regency. The mother of the Crown Prince shall be ex-officio a member of such Council. The Council of Guardianship shall receive in trust for the Crown Prince one-third of the annual income and revenues received by the predecessor of the Crown Prince who has become Emperor, in conformity with the provisions of Article 19(c).
Article 13
(A) In the event that the Emperor shall at any time have no male descendant or no male descendant capable of meeting the requirements for succession to the Throne, He shall, after having previously consulted the Crown Council, publicly designate an Heir Presumptive from among His nearest male relatives, a direct descendant of Sahle Selassie, meeting the requirements for succession to the Throne.
(B) The determination as to the qualifications for succession shall be made by the Emperor, after having previously consulted the Crown Council.
(C) In case of determination that a male descendant is incapable of meeting the requirements for succession, such determination shall operate to exclude such male descendant in favor of the next male descendant. The designation of an Heir Presumptive shall become inoperative upon the subsequent birth of a male descendant.
(D) In the case of the minority of the Emperor, the designation of an Heir Presumptive shall, in accordance with the provisions of the Present article, be effected by the Council of Regency. However, at the time of His Coronation, and any time thereafter, the Emperor shall be free to designate another Heir Presumptive in replacement of the Heir Presumptive designated by the Council of Regency or previously, by Himself.
Article 14
Throughout His minority the place of residence of the Emperor shall be the Imperial Palace. Absence therefrom for travel or for educational purposes may be authorized by law. Upon attaining the age of twelve years, the Emperor may make official appearances attended by the Council of Regency, the Princes, the “Balabats” (nobility), and the Dignitaries (Mekuanent).
Article 15
Any member of the Imperial Family, who, being eligible for the succession, marries a foreigner or who marries without the consent of the Emperor, of the Regent, or of the Council of Regency, as the case may be, shall forfeit all Imperial prerogatives for himself and his descendants.
Article 16
The Imperial Family shall include all direct lineal ascendants and descendants, together with their spouses, of the Emperor, with the exception of those who have not complied with the provisions of Article 15, or who are not of the Ethiopian Orthodox Faith.
Article 17
The status, position, duties, responsibilities, privileges, emoluments, travels abroad and deportment of the Princes and of members of the Imperial Family shall be considered by the Crown Council from time to time and their recommendations thereon shall be communicated to the Emperor for further action.
Article 18
Upon the death of the Emperor there shall be a period of full national mourning of three months followed by a period of half-mourning of six months, and upon the death of the Empress there shall be a period of full national mourning of two months followed by a period of half-mourning of four months. The Emperor shall proclaim lesser periods of full and half national mourning upon the deaths of other members of the Imperial Family except that no period of national mourning may cause to be postponed a Coronation more than one year from the date of the succession to the Crown of the Emperor or of His attaining the age of eighteen. In the event that the Coronation takes place during a period of full or half mourning, such period of mourning shall be terminated seven days before the Coronation.
Article 19
(A) The regalia of the Crown including all regalia of the Empress and of the Crown Prince are inalienable as belonging to the Empire.
(B) From the date of the proclamation of the present Constitution, all realty registered in the name of the Crown (Bete Mengist) are held in trust for the Crown under the guardianship of the Emperor and are inalienable.
(C) It is the Emperor’s right to administer all of the inalienable properties of the Crown and all profits and revenues therefrom for the benefit of the Crown and the Empire; and to receive and administer an annual appropriation, as provided by law, from the Imperial Treasury which shall, with the aforesaid profits and revenues, be adequate for the fulfillment of His functions under the present Constitution. In case of a Regency, the civil list shall be annually determined by law.
(D) All properties held in the names of the Emperor or members of the Imperial Family are private property and, as such, are under the same regime as that applicable to all properties of nationals of the Empire.
(E) The Emperor’s Court shall be under His direction and He may make such arrangements as He thinks appropriate. He may, at will, appoint to, or dismiss from all posts at His Court, such persons as He shall see fit.
Article 20
Upon the establishment of a Council of Regency, each member thereof shall take, in the presence of the Emperor, the following oath which shall be administered by the Patriarch: “In the name of the Almighty, and as a member of the Council of Regency, I hereby swear to defend with all my power the rights, privileges and inheritance of His Majesty the Emperor so long as I shall remain a member of the Council of Regency; that I will at all times respect and defend the Constitution; and that in all my actions and conduct, as member of that Council, I will ever be motivated by respect for the Constitution and the Firm resolve of protecting the rights, privileges and inheritance Of His Majesty the Emperor so that they may be intact at the Moment when He shall be anointed and crowned Emperor of Ethiopia. So help me God.” The Patriarch shall himself take the same oath.
Article 21
On the occasion of His Coronation, the Emperor shall take the following oath: “In the name of Almighty God, We ……………… the Emperor of Ethiopia swear that We will uphold and defend the Constitution of the Empire; that We will govern Our subjects with patience and devotion for their general welfare and in accordance with the Constitution and the laws; and We will faithfully defend, with all the means in Our power, the integrity and territory of Our Empire; that We will faithfully see to the impartial execution of all laws approved by Parliament and proclaimed by Us; that We profess and will defend the Holy Orthodox Faith based on the doctrines of St. Mark of Alexandria, professed in Ethiopia since the Holy Emperors Abreha and Atsbiha; that We will ever promote the spiritual and Material welfare and advancement of Our subjects; that, with the Aid of the Almighty, We will faithfully execute the promises which We have here undertaken. So help Us God.”
Article 22
On the occasion of the Coronation of the Emperor, if over twelve years of age, the Crown Prince or the Heir Presumptive, as the case may be, ail members of the Crown Council and all members of Parliament shall individually take an oath of homage and fidelity to the Emperor.
Article 23
In pursuance of the requirements of Article 22, the Crown Prince of the Heir Presumptive, as the case may be, shall take the following oath: “In the name of the Almighty, I hereby swear that I will faithfully observe all the precepts and directions of my August Father (“Sovereign” in the case of an Heir Presumptive) and will ever strive to respect His wishes and seek not after that which is not given to me, and be not as impatient as Adonias or as daring as Abeselom; that I will ever profess and defend the faith of our Orthodox Church. I swear that, with the assistance of the Almighty, I will faithfully execute the promises which I have here undertaken, So help me God.” In the even that the aforesaid oath shall not have been taken on the occasion of the Coronation either by the Crown Prince or by the Heir Presumptive, as the case may be, it shall be taken before the Emperor by the Crown Prince or the Heir Presumptive, as the case may be, upon attaining the age of eighteen.
Article 24
In pursuance of the requirements of Article 22, the members of the Parliament shall take the following oath: “In the name of the Almighty, I hereby swear allegiance and fidelity to my Sovereign, His Imperial Majesty ……………. and that I will, as a member of Parliament, faithfully respect the laws and Constitution of the Empire, and that I will disclose no secret or confidential information revealed to me in connection with my official duties and position. So help me God.”
Article 25
In pursuance of the requirements of Article 22, the members of the Crown Council shall take the following oath: “In the name of the Almighty, I hereby swear allegiance and fidelity to my Sovereign, His Imperial Majesty ……………. and that I will, as member of Parliament, faithfully respect the laws and Constitution of the Empire, and that I will disclose no secret or confidential information revealed to me in connection with my official duties and position. So help me God.”
The Powers and Prerogatives of the Emperor
Chapter II
Chapter II
Article 26
The Sovereignty of the Empire is vested in the Emperor and the supreme authority over all the affairs of the Empire is exercised by Him as the Head of the State, in the manner provided for in the present Constitution.
Article 27
The Emperor determines the organization, powers and duties of all Ministries, executive departments and the administration of the Government and appoints, promotes, transfers, suspends and dismisses the officials of the same.
Article 28
The Emperor appoints Mayors of the municipalities referred to in Article 129 of the present Constitution from three candidates presented in each case by the Municipal Council thereof.
Article 29
The Emperor reserves the right, with the advice and consent of Parliament, to declare war. He, further, reserves the right to decide what armed forces shall be maintained both in time of peace and in time of war. As Commander-in-Chief of the Armed Forces, He has the right to organize and commend the said Forces; to commission and to confer military rank upon the officers of the said Forces; and to promote, transfer, or dismiss any of the said officers. He has, further, the right to declare a state of siege, martial law, or a national emergency, and to take such measures as are necessary to meat a threat to the defense or integrity of the Empire and to assure its defense and integrity.
Article 30
The Emperor exercises the supreme direction of the foreign relations of the Empire. The Emperor accredits and receives Ambassadors, Ministers and Missions; He alone has the right to settle disputes with foreign powers by adjudication and other peaceful means and provides for the realization of the ends of security and common defense. He alone, has the right to ratify, on behalf of Ethiopia, treaties and other international agreements, and to determine which treaties and international agreements shall be subject to ratification before becoming binding upon the Empire. However, all treaties of peace and all treaties and international agreements involving a modification of the territory of the Empire or of sovereignty or jurisdiction over any part of such territory, or laying a burden on Ethiopian subjects personally, or modifying legislation in existence, or requiring expenditures of state funds, or involving loans or monopolies shall, before becoming binding upon the Empire, and the inhabitants thereof, be laid before Parliament and if both Houses of Parliament shall approve the same in accordance with the provisions of Article 88-90 inclusive of the present Constitution, shall then be submitted to the Emperor for ratification.
Article 31
(A) The Emperor alone confers and withdraws the title of Prince and other honors, and institutes new orders.
(B) Without His special leave, no Ethiopian subject and no foreign national in any Government service in the Empire may accept any honor, insignia of orders, dignity or title of or from a foreign government. The granting of any title, honour or order may exempt no one from the common duties and burdens of the subjects, nor may it carry with it any preferential admission to the offices of the State.
(C) Officials who are released from office with assurances of Imperial favor, retain the title and rank of the office they have filled.
(D) He also makes grants from abandoned properties, and properties in escheat for the purpose of recompensing faithful service to the Crown.
Article 32
The Emperor has the right to coin, print and issue money.
Article 33
The Emperor has the right to convene the annual sessions of the deliberative Chambers and to convoke extraordinary sessions thereof. At the opening of each session of the Chambers, He may present or cause to be presented a speech from the Throne concerning the legislative program recommended by Him, He has the right to postpone the opening of and to suspend, for not more than thirty days, and to extend any session of Parliament. He has the right to dissolve the Chambers or either of them by an order, providing at the same time, for the appointment of a new Senate or the election of a new Chamber of Deputies, or both, as the case may be, and for the convocation of the Chambers for a session within four months from the date of the Order.
Article 34
In accordance with the provisions of Article 86, 88, 91 and 92 of the present Constitution, the Emperor has the right to initiate legislation and to originate other resolutions and to proclaim all laws, after the same have been passed by Parliament.
Article 35
The Emperor has the right and the duty to maintain justice through the courts; and the right to grant pardons and amnesties and to commute penalties.
Article 36
The Emperor as sovereign has the duty to take all measures that may be necessary to ensure, at all times, the defense and integrity of the Empire; the safety and welfare of its inhabitants, including their enjoyment of the human rights and fundamental liberties recognized in the present Constitution; and the protection of all His subjects and their rights and interests abroad. Subject to the other provisions of this Constitution, He has the rights and powers necessary for the accomplishment of the ends set out in the present Article.
