Objective 2: To foster constitutional democracy, including periodic
competition and opportunity for choice, the rule of law, a Bill
of Rights and the supremacy of the Constitution, as firmly
established in the Constitution
I.
Summary of the CSAR
Competition for Power and Promotion of Democratic Governance
Collective and Individual Political Rights
137.
According to the CSAR, Chapter Three of the Constitution of the Federal
Republic of Ethiopia guarantees two types of fundamental rights and freedoms:
“human rights,” and “democratic rights”.
138.
The report also points out that in the Constitution, the Judiciary, the Human
Rights Commission, and the Ombudsman, are designated principal institutions
for the observance and respect of the fundamental human rights and freedoms
guaranteed under the Constitution. Sovereignty is vested by the Constitution in
the “Nations, Nationalities and Peoples of Ethiopia,” in addition to entrenching
its supremacy as the supreme law of the land, and prohibiting the assumption of
state power in any manner other than that provided for under the Constitution.
The CSAR concludes from these observations that under this constitution,
Ethiopia operates a system of government based on the entrenched principle of
the separation of powers, with checks and balances, at federal and regional state
levels. The Constitution also prescribes a parliamentary system of government
as described below. (See Objective 4, To uphold the Principle of Separation of
Powers, including protection of the independence of the Judiciary and of an
effective Parliament.)
The Right to Form Political Parties
139.
Regarding the right to form political parties, the CSAR notes that under Article
31, and Article 38(b), the Ethiopian Constitution provides for competitive party
politics. The revised political parties’ registration Proclamation No. 573/2008
outlines the procedure for political party registration with the National Election
Board (NEBE). Furthermore, according to the report, Proclamation No. 573/2008
not only spells out the sources of party financing, but also requires political
parties to establish acceptable income and expenditure accounting procedures,
and prepare and publish annual audit reports. Article 59 of the Electoral Law
guarantees political parties and their supporters equitable access to state-owned
mass media, including radio, TV, and newspapers.
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