Last Change:

05/14/2025

Constitution of Federal Democratic Republic of Ethiopia (FDRE)

Year: 1995

Type: Domestic law

Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

Description

The FDRE Constitution is the supreme law of the land and as such any laws, customary practice, or a decision of an organ of state or a public official should be in line with it. Except a few articles that provide specific rights to Ethiopians, most of the provisions under part two entitles democratic rights for both foreigners and Ethiopians. These rights include the right of thought, opinion and expression, the right of assembly, demonstration and petition, freedom of association, freedom of movement, marital, personal and family rights, right of women, right of children, access to justice. According to article 13(2) of the Constitution, each provision of the constitution on human rights are to be interpreted in accordance to the principles of UDHR, ICCPR and other international instruments adopted by Ethiopia. Further, according to article 9(4) of the Constitution, all international agreements ratified by Ethiopia are an integral part of the law of the land.

Selected provisions
Article 6(2) - Nationality

Foreign nationals may acquire Ethiopian nationality.

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(3) - Prohibition against Inhuman Treatment

No one shall be required to perform forced or compulsory labor.

Article 18(1) - Prohibition against Inhuman Treatment

Everyone has the right to protection against cruel, inhuman, or degrading treatment or punishment.

Article 18(2) - Prohibition against Inhuman Treatment

No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited.

Article 19 - The 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 investigations, 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 or 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 19(3) - Right of Persons Arrested

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.

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

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 25 - Equality before the law

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.

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