Transitional Period Charter of Ethiopia

  • Country/entity
    Ethiopia
  • Region
    Africa (excl MENA)
  • Agreement name
    Transitional Period Charter of Ethiopia
  • Date
    22 Jul 1991
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ()
  • Stage
    Framework/substantive - comprehensive
  • Conflict nature
    Government
  • Peace process
    Ethiopia peace process
  • Parties
    The national liberation movements
  • Third parties
    -
  • Description
    Extraconstitutional document outlining the structure of a transitional government as well as the sequencing of mechanisms within a two year time-period. Event's include the election of local and regional councils in 3 months, the formation of a constitutional committee, re-drafting the constitution, and electing a new council of representatives based on that constitution on which the transitional government shall peaceably hand over power.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Rhetorical
    Page 5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 17:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:
    ...
    It shall make special efforts to dispel ethnic mistrust and eradicate the ethnic hatred that have been fostered by the previous regimes.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 4-5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 14:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:

    It shall give priority to the rehabilitation of those areas that have been severely affected by the war, prisoners of war ex-prisoners of war as well as those sections of the population that have been forceably uprooted by the previous regime's policy of villagization and resettlement.
    The rehabilitation of those forceable uprooted by the previous regime's policy of villagization and resettlement shall be done in accordance with their desire.
  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination
    Page 1, Untitled Preamble:
    ...
    WHEREAS the military dictatorship was, in a continuation of the previous regimes and its demise marks the end of an era of subjugation and oppression thus a new chapter in Ethiopian history in which freedom, equal rights rights and self-determination of all the peoples shall be the governing principles of political, economic and social life and thereby contributing to the welfare of the Ethiopian Peoples and and rescuing them from centuries of subjugation and back-wardness;

    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 2:
    The right of nations, nationalities and peoples to self-determination is affirmed. To this end, each nation, nationality and people is guaranteed the right to:
    a/ Preserve its identity and have it respected, promote its culture and history and use and develop its language;
    b/ Administer its own affairs within its own defined territory and effectively participate in the central government on the basis of freedom, and fair and proper representation
    c/ Exercise its right to self-determination of independence, when the concerned, nation/nationality and people is convinced that the above rights are denied, abridged or abrogated.

    Page 3, PART TWO: PRINCIPLES GUIDING FOREIGN POLICY, Article 4:
    It shall abide by all mutual agreements that respect the sovereignty of Ethiopia and are not contrary to the interests of the People.
  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever. Particularly every individual shall have;
    a/ The freedom of conscience, expression, association and peaceable assembly;
    1./ The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.

    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 6:
    There shall be established a Transitional Government consisting of a Council of Representatives and a Council of Ministers.

    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 7:
    The Council of Representatives shall be composed of representatives of of national liberation movements, other political organizations and prominent individuals, to make-up a total of no more than 87 members.

    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 8:
    The Transitional Government shall exercise all legal and political responsibility for the governance of Ethiopia until it hands over power to a government popularly elected on the basis of of a new Constitution.

    Page 3-4, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 9:
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    a/ draw-up it's rules of procedure.
    b/ election of its Chairperson, who shall also be the Head of State, and a Vice-Chairperson and Secretary, the Head of State shall appoint the Prime Minister, whose appointment shall be approved by the council of Representatives. The head of state, the Prime Minister, the Vice-Chairperson and Secretary of the Council of Representative shall be from different nations/nationalities;
    c/ approve the Prime Minister's nomination of the members of Council of Ministers drawn-up on considerations of ascertaining a broad national representation, technical competence and unswerving adherence to the Charter;
    d/ initiation and promulgation of proclamation and decrees pursuant to the Charter;
    e/ adoption of national budget;
    f/ provide for the administration of justice on the basis if the of the Charter; the Courts shall, in their work, be free from any governmental interference with respect to items provided for in Part One, Article One of the Charter;
    g/ establish Constitutional Commission;
    h/ ratify international agreements;
    i/ create committees for defence and security policy during the transitional period;
    j/ provide the mechanism to ascertain the fair and impartial application of the mass media;
    k/ issues just labour law that protects the rights and interests of the workers;

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 10:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    The Council of Representatives shall constitute the Constitutional Commission to draw up a draft constitution.
    The Constitutional Commission shall submit to the Council of Representatives the draft constitution.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 11:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    Upon adoption o the draft constitution by the Council of Representatives the Constitution shall be presented to the people for discussion.
    The final draft shall be presented for adoption in the Constitutional Assembly to be elected pursuant to the final draft of the Constitution.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 12:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    Elections to a National Assembly shall be held on the basis of the provisions of the new Constitution.
    The Transitional Government shall handover power to the party or parties that gain a majority in the National Assembly.
    The said national elections shall be held no later than two years after the establishment of the Transitional Government.
    Provided however, that the period can be extended by the Council of Representatives for no more than six months.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 13:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    There shall be a law establishing local and regional councils for local administrative purposes defined on the basis of nationality. Elections fur such local and regional councils shall be held within three months of the establishment of the Transitional Government, wherever local conditions allow.
  • Elections
    Page 1, Untitled Preamble:
    ...
    WHEREAS to this end, all institutions of repression installed by the previous regimes shall be dismantled, regional prejudices redressed and the rights and interests of the deprived citizens to safeguarded by a democratic government elected by and accountable to the People;

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 12:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    Elections to a National Assembly shall be held on the basis of the provisions of the new Constitution.
    The Transitional Government shall handover power to the party or parties that gain a majority in the National Assembly.
    The said national elections shall be held no later than two years after the establishment of the Transitional Government.
    Provided however, that the period can be extended by the Council of Representatives for no more than six months.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 13:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    There shall be a law establishing local and regional councils for local administrative purposes defined on the basis of nationality. Elections fur such local and regional councils shall be held within three months of the establishment of the Transitional Government, wherever local conditions allow.
  • Electoral commission

    No specific mention.

  • Political parties reform
    Governance→Political parties reform→Other political parties reform
    Page2: Part One, Democratic Rights
    ... Particularly every individual shall have
    The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.
  • Civil society
    Page 3, PART TWO: PRINCIPLES GUIDING FOREIGN POLICY, Article 4:
    Local governments shall have the right to establish direct contact with relief organizations with respect to relief work.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 8:
    The Transitional Government shall exercise all legal and political responsibility for the governance of Ethiopia until it hands over power to a government popularly elected on the basis of of a new Constitution.

    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 9:
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    ...
    g/ establish Constitutional Commission;

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 10:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    The Council of Representatives shall constitute the Constitutional Commission to draw up a draft constitution.
    The Constitutional Commission shall submit to the Council of Representatives the draft constitution.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 11:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    Upon adoption o the draft constitution by the Council of Representatives the Constitution shall be presented to the people for discussion.
    The final draft shall be presented for adoption in the Constitutional Assembly to be elected pursuant to the final draft of the Constitution.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 12:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    Elections to a National Assembly shall be held on the basis of the provisions of the new Constitution. The Transitional Government shall handover power to the party or parties that gain a majority in the National Assembly. The said national elections shall be held no later than two years after the establishment of the Transitional Government. Provided however, that the period can be extended by the Council of Representatives for no more than six months.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    Article thirteen
    There shall be a law establishing local and regional councils for local administrative purposes defined on the basis of nationality. Elections for such local and regional councils shall be held within three months of the establishment of the Transitional Government, wherever local conditions allow.
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT,
    Article Six,
    There shall be established a Transitional Government consisting of a Council of Representatives and a Council of Ministers.
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT,
    Article Six,
    There shall be established a Transitional Government consisting of a Council of Representatives and a Council of Ministers.
    ...
    Article 7:
    The Council of Representatives shall be composed of representatives of of national liberation movements, other political organizations and prominent individuals, to make-up a total of no more than 87 members.

    Article 9
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    ...
    b/election of its Chairperson, who shall also be the Head of State, and a Vice-Chairperson and Secretary, the Head of State shall appoint the Prime Minister, whose appointment shall be approved by the Council of Representatives. The head of state, the Prime Minister, the VIce-Chairperson and the Secretary of the Council of Representatives shall be from different nations/nationalities'
    c/ approve the Prime Minister's nomination of the members of Council of Ministers drawn-up on considerations of ascertaining a broad national representation, technical competence and unswerving adherence to the Charter;
  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, Untitled Preamble:
    ...WHEREAS to this end, all institutions of repression installed by the previous regimes shall be dismantled, regional prejudices redressed and the rights and interests of the deprived citizens to safeguarded by a democratic government elected by and accountable to the People;
  • Bill of rights/similar
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever. Particularly every individual shall have;
    a/ The freedom of conscience, expression, association and peaceable assembly;
    1./ The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.

    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 2:
    The right of nations, nationalities and peoples to self-determination is affirmed. To this end, each nation, nationality and people is guaranteed the right to:
    a/ Preserve its identity and have it respected, promote its culture and history and use and develop its language;
    b/ Administer its own affairs within its own defined territory and effectively participate in the central government on the basis of freedom, and fair and proper representation
    c/ Exercise its right to self-determination of independence, when the concerned, nation/nationality and people is convinced that the above rights are denied, abridged or abrogated.
  • Treaty incorporation
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever.
  • Civil and political rights
    Human rights and equality→Civil and political rights→Equality
    Page 1, Untitled Preamble:
    ...
    WHEREAS the military dictatorship was, in a continuation of the previous regimes and its demise marks the end of an era of subjugation and oppression thus a new chapter in Ethiopian history in which freedom, equal rights rights and self-determination of all the peoples shall be the governing principles of political, economic and social life and thereby contributing to the welfare of the Ethiopian Peoples and and rescuing them from centuries of subjugation and back-wardness;
    Human rights and equality→Civil and political rights→Freedom of speech
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever. Particularly every individual shall have;
    a/ The freedom of conscience, expression, association and peaceable assembly;
    Human rights and equality→Civil and political rights→Freedom of association
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever. Particularly every individual shall have;
    a/ The freedom of conscience, expression, association and peaceable assembly;
    1./ The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever. Particularly every individual shall have;
    a/ The freedom of conscience, expression, association and peaceable assembly;
    1./ The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.
  • Socio-economic rights
    Human rights and equality→Socio-economic rights→Work
    Page 4, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 9:
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    ...
    k/ issues just labour law that protects the rights and interests of the workers;
    Human rights and equality→Socio-economic rights→Cultural life
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 2:
    The right of nations, nationalities and peoples to self-determination is affirmed. To this end, each nation, nationality and people is guaranteed the right to:
    a/ Preserve its identity and have it respected, promote its culture and history and use and develop its language;
    b/ Administer its own affairs within its own defined territory and effectively participate in the central government on the basis of freedom, and fair and proper representation.
    c/ Exercise its right to self-determination of independence, when the concerned, nation/nationality and people is convinced that the above rights are denied, abridged or abrogated.

Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizen, general
    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 13:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    ...
    There shall be a law establishing local and regional councils for local administrative purposes defined on the basis of nationality. Elections fur such local and regional councils shall be held within three months of the establishment of the Transitional Government, wherever local conditions allow.
    Rights related issues→Citizenship→Citizens, specific rights
    Page 1, Untitled Preamble:
    ...
    WHEREAS to this end, all institutions of repression installed by the previous regimes shall be dismantled, regional prejudices redressed and the rights and interests of the deprived citizens to safeguarded by a democratic government elected by and accountable to the People;

    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 2:
    The right of nations, nationalities and peoples to self-determination is affirmed. To this end, each nation, nationality and people is guaranteed the right to:
    a/ Preserve its identity and have it respected, promote its culture and history and use and develop its language;
    b/ Administer its own affairs within its own defined territory and effectively participate in the central government on the basis of freedom, and fair and proper representation
    c/ Exercise its right to self-determination of independence, when the concerned, nation/nationality and people is convinced that the above rights are denied, abridged or abrogated.
  • Democracy
    Page 1, Untitled Preamble:
    WHEREAS the overthrow of the military dictatorship that has ruled Ethiopia for seventeen years present a historical moment, providing the Peoples of Ethiopia with the opportunity to rebuild the country and restructure the state democratically;
    ...
    WHEREAS for the fulfillment of the aforementioned conditions and for the reign of a just peace, the proclamation of a democratic order is a categorical imperative, and;

    Page 2, Untitled Preamble:
    Whereas from the peace loving and democratic forces present in the Ethiopian society and having varied views, having met in a Conference convened from July 1-5 in ADDIS ABABA, have discussed and approved the Charter laying dawn the rules governing The Transitional Government as well as setting down the principles for the transitional period,

    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 1:
    Based on the Universal Declaration of Human Rights of the United Nations; adopted and proclaimed by the General Assembly by resolution 217 A (Ill) of 10 Dec l948 individual human rights shall be respected fully, and without any limitation, whatsoever. Particularly every individual shall have;
    a/ The freedom of conscience, expression, association and peaceable assembly;
    1./ The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.

    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 2:
    The right of nations, nationalities and peoples to self-determination is affirmed. To this end, each nation, nationality and people is guaranteed the right to:
    a/ Preserve its identity and have it respected, promote its culture and history and use and develop its language;
    b/ Administer its own affairs within its own defined territory and effectively participate in the central government on the basis of freedom, and fair and proper representation
    c/ Exercise its right to self-determination of independence, when the concerned, nation/nationality and people is convinced that the above rights are denied, abridged or abrogated.

    Page 4, PART FOUR: TRANSITIONAL PROGRAMME, A. Political, Article 10 -13:
    The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.
    Article 10: The Council of Representatives shall constitute the Constitutional Commission to draw up a draft constitution. The Constitutional Commission shall submit to the Council of Representatives the draft constitution.
    Article 11: Upon adoption of the draft constitution by the Council of Representatives the Constitution shall be presented to the people for discussion.
    The final draft shall be presented for adoption in the Constitutional Assembly to be elected pursuant to the final draft of the Constitution.
    Article 12: Elections to a National Assembly shall be held on the basis of the provisions of the new Constitution.
    The Transitional Government shall handover power to the party or parties that gain a majority in the National Assembly.
    The said national elections shall be held no later than two years after the establishment of the Transitional Government.
    Provided however, that the period can be extended by the Council of Representatives for no more than six months.
    Article 13: There shall be a law establishing local and regional councils for local administrative purposes defined on the basis of nationality. Elections fur such local and regional councils shall be held within three months of the establishment of the Transitional Government, wherever local conditions allow.
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Governance of media
    Page 4, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 9:
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    ...
    j/ provide the mechanism to ascertain the fair and impartial application of the mass media;
  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts
    Page 3, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 9:
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    ...
    f/ provide for the administration of justice on the basis if the of the Charter; the Courts shall, in their work, be free from any governmental interference with respect to items provided for in Part One, Article One of the Charter;
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, Untitled Preamble:
    ...
    WHEREAS the military dictatorship was, in a continuation of the previous regimes and its demise marks the end of an era of subjugation and oppression thus a new chapter in Ethiopian history in which freedom, equal rights rights and self-determination of all the peoples shall be the governing principles of political, economic and social life and thereby contributing to the welfare of the Ethiopian Peoples and and rescuing them from centuries of subjugation and back-wardness;
    ...
    WHEREAS peace and stability, as essential condition of development, require the end of all hostilities, the healing of wounds caused by conflicts and the establishment and maintenance of good neighborliness and co-operation;
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 3, PART TWO: PRINCIPLES GUIDING FOREIGN POLICY, Article 4:
    Local governments shall have the right to establish direct contact with relief organizations with respect to relief work.

    Page 4-5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 14-17:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:
    Article 14: It shall give priority to the rehabilitation of those areas that have been severely affected by the war, prisoners of war ex-prisoners of war as well as those sections of the population that have been forceably uprooted by the previous regime's policy of villagization and resettlement.
    The rehabilitation of those forceable uprooted by the previous regime's policy of villagization and resettlement shall be done in accordance with their desire.
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    Page 4-5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 14-17:
    Article 15: It shall take immediate steps to reconstruct or repair the infrastructure that has been destroyed or damaged by the war.
    Article 16: It shall give special consideration to hitherto neglected and forgotten areas.
    Article 17: It shall make special efforts to dispel ethnic mistrust and eradicate the ethnic hatred that have been fostered by the previous regimes.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage
    Land, property and environment→Cultural heritage→Intangible
    Page 2, PART ONE: DEMOCRATIC RIGHTS, Article 2:
    The right of nations, nationalities and peoples to self-determination is affirmed. To this end, each nation, nationality and people is guaranteed the right to:
    a/ Preserve its identity and have it respected, promote its culture and history and use and develop its language;
  • Environment
    Page 4-5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 14-17:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:
    Article 14: It shall give priority to the rehabilitation of those areas that have been severely affected by the war, prisoners of war ex-prisoners of war as well as those sections of the population that have been forceably uprooted by the previous regime's policy of villagization and resettlement.
    The rehabilitation of those forceable uprooted by the previous regime's policy of villagization and resettlement shall be done in accordance with their desire.
    Article 15: It shall take immediate steps to reconstruct or repair the infrastructure that has been destroyed or damaged by the war.
    Article 16: It shall give special consideration to hitherto neglected and forgotten areas.
    Article 17: It shall make special efforts to dispel ethnic mistrust and eradicate the ethnic hatred that have been fostered by the previous regimes.
  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 4, PART THREE: STRUCTURE AND COMPOSITION OF THE TRANSITIONAL GOVERNMENT, Article 9:
    The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:
    ...
    i/ create committees for defence and security policy during the transitional period;
  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 1, Untitled Preamble:
    WHEREAS peace and stability, as essential condition of development, require the end of all hostilities, the healing of wounds caused by conflicts and the establishment and maintenance of good neighborliness and co-operation;
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general
    Page 1, Untitled Preamble:
    ...
    WHEREAS peace and stability, as essential condition of development, require the end of all hostilities, the healing of wounds caused by conflicts and the establishment and maintenance of good neighborliness and co-operation;

    Page 4-5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 14-16:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:
    ...
    It shall give priority to the rehabilitation of those areas that have been severely affected by the war, prisoners of war ex-prisoners of war as well as those sections of the population that have been forceably uprooted by the previous regime's policy of villagization and resettlement.
    The rehabilitation of those forceable uprooted by the previous regime's policy of villagization and resettlement shall be done in accordance with their desire.
    Article 15: It shall take immediate steps to reconstruct or repair the infrastructure that has been destroyed or damaged by the war.
    Article 16: It shall give special consideration to hitherto neglected and forgotten areas.
  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims
    Page 4-5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 14:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:
    ...
    It shall give priority to the rehabilitation of those areas that have been severely affected by the war, prisoners of war ex-prisoners of war as well as those sections of the population that have been forceably uprooted by the previous regime's policy of villagization and resettlement.
    The rehabilitation of those forceable uprooted by the previous regime's policy of villagization and resettlement shall be done in accordance with their desire.
  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 5, PART FOUR: TRANSITIONAL PROGRAMME, B. RELIEF AND REHABILITATION, Article 17:
    The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought. In connection with this:
    ...
    It shall make special efforts to dispel ethnic mistrust and eradicate the ethnic hatred that have been fostered by the previous regimes.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    http://www.constitutionnet.org/

Addis-Ababa, 22nd July 1991

PEACEFUL AND DEMOCRATIC TRANSITIONAL CONFERENCE OF ETHIOPIA

CONTENTS

TRANSITIONAL PERIOD CHARTER OF ETHIOPIA

No. 1

WHEREAS the overthrow of the military dictatorship that has ruled Ethiopia for seventeen years presents a historical moment, providing the Peoples of Ethiopia with the opportunity to rebuild the country and restructure the state democratically;

WHEREAS the military dictatorship was, in essence, a continuation of the previous regimes and its demise marks the end of an era of subjugation and oppression thus starting a new chapter in Ethiopian history in which freedom, equal rights and self-determination of all the peoples shall be the governing principles of political, economic and social life and thereby contributing to the welfare of the Ethiopian Peoples and rescuing them from centuries of subjugation and backwardness;

WHEREAS peace and stability, as essential conditions of development, require the end of all hostilities, the healing of wounds caused by conflicts and the establishment and maintenance of good neighbourliness and cooperation;

WHEREAS for the fulfilment of the aforementioned conditions and for the reign of a just peace, the proclamation of a democratic order is a categorical imperative, and;

WHEREAS to this end, all institutions of repression, installed by the previous regimes shall be dismantled, regional prejudicies redresed and the rights and interests of the deprived citizens safeguarded by a democratic government elected by and accountable to the People;

Whereas from the peace loving and democratic forces present in the Ethiopian society and having varied views, having met in a Conference convened from July 1 - 5 in ADDIS ABABA, have discussed and approved The Charter laying dawn the rules governing The Transitional Government as well as setting down the principles for the transitional period,

NOW THEREFORE, it is hereby proclaimed as follows:

PART ONE

DEMOCRATIC RIGHTS

Article One

Based on the Universal Declaration of Human Rights of the United Nations, adopted and proclaimed by the General Assembly by resolution 217 A (III) of 10 Dec. 1948 individual human rights shall be respected fully, and without any limitation whatsoever.

Particularly every individual shall have;

The freedom of conscience, expression, association and peaceable assembly;

The right to engage in unrestricted political activity and to organize political parties, provided the exercise of such right does not infringe upon the rights of others.

Article Two

The right of nations, nationalities and peoples to self-determination is affirmed.

To this end, each nation, nationality and people is guaranteed the right to:

Preserve its identity and have it respected, promote its culture and history and to use and develop its language;

Administer its own affairs within its own defined territory and effectively participate in the central government on the basis of freedom, and fair and proper representation;

Exercise its right to self-determination of independence, when the concerned, nation/nationality and people is convinced that the above rights are denied, abridged or abrogated.

PART TWO

PRINCIPLES GUIDING FOREIGN POLICY

The Transitional Government will conduct its foreign relations on the basis of the principles of respect for the sovereignty and equality of states and non-intervention and non-interference in internal affairs, as well as the promotion of mutual interests.

Accordingly;

Article Three

The policy of distabilization and conflict-promotion hitherto actively pursued by the previous regime with respect to the country’s neighbours shall cease forthwith with the issuence of this Charter.

Article Four

It shall abide by all mutual agreements that respect the sovereignity of Ethiopia and are not contrary to the interests of the People.

Article Five

Local governments shall have the right to establish direct contact with relief organizations with respect to relief work.

PART THREE

STRUCTURE AND COMPOSITION OF THE

TRANSITIONAL GOVERNMENT

Article Six

There shall be established a Transitional Government consisting of a Council of Representatives and a Council of Ministers.

Article seven

The Council of Representatives shall be composed of representatives of national liberation movements, other political organizations and prominent individuals, to make-up a total of no more than 87 members.

Article eight

The Transitional Government shall exercise all legal and political responsibility for the governance of Ethiopia until it hands over power to a government popularly elected on the basis of a new Constitution.

Article nine

The Council of Representatives shall exercise legislative functions as follows and oversee the work of the Council of Ministers:

draw-up it’s rules of procedure.

election of its Chairperson, who shall also be the Head of State, and a Vice-Chairperson and Secretary, the Head of State shall appoint the Prime Minister, whose appointment shall be approved by the Council of Representatives.

The head of state, the Prime Minister, the Vice-Chairperson and the Secretary of the Council of representatives shall be from different nations/nationalities;

approve the Prime Minister’s nomination of the members of Council of Ministers drawn-up on considerations of ascertaining a broad national representation, technical competence and unswerving adherence to the Charter;

initiation and promulgation of proclamation and degrees pursuant to the Charter;

adoption of national budget;

provide for the administration of justice on the basis of the Charter;

the Courts shall, in their work, be free from any governmental interference with respect to the items provided for in Part One, Article One of the Charter;

establish the Constitutional Commission;

ratify international agreements;

create committees for defence and security policy during the transitional period;

provide the mechanism to ascertain the fair and impartial application of the mass media;

issue just labour law that protects the rights and interests of the workers;

PART FOUR

TRANSITIONAL PROGRAMME

The following provisions for a transitional period have been adopted in order to lead the country towards full democracy.

A. POLITICAL

Article ten

The Council of Representatives shall constitute the Constitutional Commission to draw up a draft constitution.

The Constitutional Commission shall submit to the Council of Representatives the draft constitution.

Article eleven

Upon adoption of the draft constitution by the Council of Representatives the Constitution shall be presented to the people for discussion.

The final draft shall be presented for adoption to the Constituent Assembly to be elected pursuant to the final draft of the Constitution.

Article twelve

Elections to a National Assembly shall be held on the basis of provisions of the new Constitution.

The Transitional Government shall handover power to the party or parties that gain a majority in the National Assembly.

The said national elections shall be held no later than two years after the establishment of the Transitional Government.

Provided however, that the period can be extended by the Council of Representatives for no more than six months.

Article thirteen

There shall be a law establishing local and regional councils for local administrative purposes defined on the basis of nationality.

Elections for such local and regional councils shall be held within three months of the establishment of the Transitional Government, wherever local conditions allow.

B. RELIEF AND REHABILITATION

The Transitional Government is unequivocally determined to ensure the delivery of relief assistance to areas ravaged by war and drought.

In connection with this:

Article Fourteen

It shall give priority to the rehabilitation of those areas that have been severely affected by the war, prisoners of war ex-prisoners of war as well as those sections of the population that have been forceably uprooted by the previous regime’s policy of villagization and resettlement.

The rehabilitation of those forceably uprooted by the previous regime’s policy of villagization and resettlement shall be done in accordance with their desire.

Article Fifteen

It shall take immediate steps to reconstruct of repair the infrastructure that has been destroyed of damaged by the war.

Article Sixteen

It shall give special consideration to hitherto neglected and forgotten areas.

Article Seventeen

It shall make special efforts to dispel ethnic mistrust and eradicate the ethnic hatred that have been fostered by the previous regimes.

PART FIVE

LEGALITY OF THE CHARTER

Article Eighteen

This Charter shall serve as the supreme law of the land for the duration of the transitional period.

Any law or decision that is contrary to the Charter shall be null and void.

Article Ninteen

The Amharic and the English texts of the Charter have equal authenticity.

Where disparity occurs between the two languages the Council of Representatives shall decide.

Article Twenty

This Charter shall be effective upon publication in the Negarit Gazeta.

ADDID ABABA THIS 22nd DAY OF JULY 1991

MELES ZENAWI

CHAIRMAN OF THE CONFERENCE