Politics

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Ethiopia differs from other African countries in that foreign interests never colonized it, except for a five-year Italian occupation from 1936-1941. In August 1995, the Federal Democratic Republic of Ethiopia was established replacing the Transitional Government of Ethiopia, which was established in 1991 after the overthrow of Colonel Mengistu Haile Mariam’s 17-year-long Marxist dictatorship. Prior to the Mengistu government, Ethiopia was ruled by Emperor Haile Selassie I, who played a major role in creating the country’s legal system. During Mengistu’s regime, civil war in Eritrea and Tigray and conflict with the neighboring country Somalia together with drought and famine took the life of millions. |
The Prime Minister, , has the highest executive powers together with the Council of Ministers. The Prime Minister was first elected in 1995, when the citizens of Ethiopia exercised the right to vote for a national government for the first time, pursuant to a revised Constitution ratified in December 1994. He was reelected in the second national election in May 2000 and lastly Meles Zenawi elected for third period in 15 May 2005. The next election supposed to be held in 2010. |
The 1994 Constitution further establishes an independent judiciary both at the federal and state levels. Though the ultimate power to review the constitutionality of law lies with the Federal Council, courts have powers to both create and interpret laws. |
The judicial system of Ethiopia is restructured along federal lines with courts at the district, zonal and regional levels. The federal High Court and federal Supreme Court hear and adjudicate original and appeal cases involving federal law, trans regional issues and national security. The regional judiciary is autonomous and mirrored the structured of the federal judiciary. |
The Constitution provides legal standing to some preexisting religious and customary courts and gives federal and regional legislatures the power to recognize other courts. The Constitution has further specifically stated that both parties to a dispute need to agree for a customary or religious court to have jurisdiction to hear their case. Sharia (Islamic) courts may hear religious and family cases involving Muslims. In addition, some traditional courts resolve disputes especially in the rural areas where formal judicial system is not adequately accessible. |
The Ethiopian civil legal system has its primary source in legislation. The Constitution declares itself the supreme law of the land. It further gives all international agreements ratified by Ethiopia, the status of national law. In addition, the fundamental rights and freedoms enshrined in the Constitution are to be interpreted “in conformity with the Universal Declaration of Human Rights, international human rights covenants and with the principles of other relevant international instruments, which Ethiopia has accepted or ratified”. However domestic application of international standards is very minimal. |
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