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VIRGINIA LEGAL STUDIES Sponsored and supported by the School of Law of the University of Virginia for the publication of meri torious original works and reprints in law and related fields.

Titles Previously Published CENTRAL POWER IN THE AUSTRALIAN COMMONWEALTH -An Examination of the Growth of Commonwealth Power in the Australian Federation, by Rt. Hon. Sir Robert Menzies, former Prime Minister of Australia, 198 pp., 1967. ADMINISTRATIVE PROCEDURE IN GOVERNMENT AGEN CIES-Report by Committee Appointed by Attorney General at Request of President to Investigate Need for Procedural Reform in Administrative Tribunals (1941), 121 pp. plus preface and index, paper or cloth, reprinted 1968. THE ROAD FROM RUNNYMEDE--Magna Carta and Con stitutionalism in America, by A. E. Dick Howard, 382 pp. plus appendixes, table of cases, and index, 1968.

THE LEGAL SYSTEM OF AFRICA SERIES GENERAL EDITOR KENNETH R. REDDEN Professor of Law, University of Virginia, U.S.A. Former Fulbright Professor of Law, Haile Sellassie I University, Ethiopia

CONGO-KINSHASA By John Crabb ETHIOPIA By Kenneth R. Redden FRENCH-SPEAKING AFRICA Volume I (Sub-Sahara Africa); Volume II (North Africa} By Jeswald W. Salacuse KENYA By Ojwang K'Ombudo LESOTHO By Vernon V. Palmer a'.nd Sebastian M. Poulter LIBERIA By Michael Kitay and Robert Culp MALAWI By Vern G. Davidson and Colin A. Baker NIGERIA By M. L. Marasinghe and Shirley Zabel SOMALI REPUBLIC By Haji N. A. Noor Muhammad SUDAN By Zaki Mustafa TANZANIA By Yash P. Ghai ZAMBIA By J. J. R. Collingwood, J. L. Barrington-Jones, L. K. Young and B. P. Cullinan Additional volumes on other countries are in preparation and will be made available in the immediate future.

THE

LEGAL SYSTEM OF

ETHIOPIA

KENNETH R. REDDEN Professor of Law, University of Virginia Former Fulbright Professor of Law, Haile Sellassie I University

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lJIW SCHOOL LIBRARY

THE MICHIE COMPANY Law Publishers

CHARLOTTESVILLE, VIRGINIA

1968

110834

1968

BY THE MICHIE COMPANY

Dedicated to my former student who gave his life to the cause of peace with compassion for all the people of all the lands

ROBERT FRANCIS KENNEDY

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Preface Of all the continents in the world, Africa is the one where the most exciting legal developments are cur rently taking place. New Faculties of Law are being organized, legal periodicals are being created, Bar As sociations are being formed and books and conferences are being spawned in great numbers. In addition to this dynamic growth of the legal profession within Africa, lawyers and professors elsewhere are taking an ever increasing interest in the legal systems of various African nations. This is especially true of Ethiopia which serves as the headquarters for both the O.A.U. (Organization for African Unity) and E.C.A. (United Nations Economic Commission for Africa) as well as many other important international Agencies. In 1964 it was my privilege to join a number of American and continental Law Professors who were invited by His Imperial Majesty to establish the Faculty of Law of Haile Sellassie I University as the first formal legal training center in the history of the 3,000 year old Empire. They were sponsored largely by SAILER, which is an acronym for Staffing of

African Institutions for Legal Education and Re search, under the leadership of John S. Bainbridge,

former Assistant Dean of Columbia Law School.

SAILER had come into existence in 1960, as the in dependence movement was sweeping Africa. Its prin cipal aim was to promote African legal education. The project received its financial support from the Ford Foundation and enlisted the administrative offices of the Institute of International Education in New York for the housekeeping of the program.

LEGAL SYSTEM OF ETHIOPIA

Few of the African countries had a sufficient num ber of native trained lawyers in 1960 from which to draw their faculties. Of necessity they looked abroad for law teachers. Providing supplemental salaries and funds for libraries and conferences, SAILER's most important function was to recruit professors from the United States for the African law schools in Congo (Kinshasa), Ethiopia, Ghana, Liberia, Malawi, Ni geria, Sudan and Tanzania. In the summer of 1967 the management of SAILER was transferred to the newly established International Legal Center, 866 UN Plaza, New York City, under the Presidency of John B. Howard. John Bainbridge serves as the Director for Africa of the Center. The present volume is the outgrowth of my happy three-year stay in Addis Ababa from 1964 to 1967 as a Fulbright Professor of Law with supplemental SAILER support. It was pleasantly written on the Island of Mallorca in the summer of 1967 pursuant to a generous financial grant of the University of Vir ginia Law School Association to whom my creditors are indeed grateful. The scope and coverage of the book may best be gleaned from .a perusal of the Table of Contents. Only a few works are currently available in English on Ethiopian law and I have appropriately referred to them throughout the text. Since the present volume is the first exposition on the modern legal system of Ethiopia, it is descriptive by nature rather than a critical commentary. I hope, however, that one of my Ethiopian colleagues will be encouraged by the appear ance of this modest contribution to prepare a subse quent definitive treatment of the subject. Much of the

PREFACE

material presented herein was taken from previous writings of my own. I am also indebted to Miss Ann C. Suter of the United States Department of Labor and my former colleague in Addis Ababa, Professor Robert Sedler of the University of Kentucky School of Law. Fornalutx Mallorca September, 1967

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Table of Contents

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1. THE EMPEROR AND HIS PEOPLE ........ A. In General ............................ ............................ B. The Land .......................................................... (1) Political Origin ........ ........................... (2) Location and Area .. ........................... (3) Geographic Factors and Climate........ ( 4) The Economy ........................................ (5) Natural Resources ...................... :....... (6) Transportation .................................... (7) Tax Structure ...................................... (8) Foreign Aid .......................................... C. The People and Their Culture ........................ (1) Population ......... ................................... (2) Ethnic Groups .......... ........................... (3) Language .............................................. (4) Religious Affiliations .......................... (5) Education .............................................. (6) Housing, Health and Sanitation ........

l 1 2 2 2 2 4 7 8 9 10 10 10 13 16 19 21 28

PREFACE CHAPTER

CHAPTER 2. THE LEGAL SYSTEM OF A DEVELOPING NATION ..........................................................

A. General Introduction........................................ B. The Ethiopian Experience .. ........................... C. What Kind of Law Will Form the Basis of the System? ............................................ (1) What Will Be the Main Body of Law .................................................... (2) The Place of Customary Law ............ (3) Application to Different Religious Groups................................................ (4) General Application .. .................... ......

34 34 40 47 47 61 81 86

XIV

CHAPTER

LEGAL SYSTEM OF ETHIOPIA PAGE 92

3. FORMS OF LAW .................................... A. Background ...................................................... B. Judicial .............................................................. C. Legislative ........................................................ D. Executive .......................................................... ( 1) Decrees .................................................. (2) Orders ........................ ........................... E. Administrative ................................................ (1) Legal Notices ........................................ (2) Decisions .............................................. (3) Judicial Review .................................... F. International .................................................... G. Local (Provincial and Municipal) ................ H. The Special Situation of Eritrea .................... I. Ecclesiastical, Military and Islamic ................ CHAPTER 4. CONSTITUTIONAL BACKGROUND .......... A. History ............................................................ .. B. Formation of Parliament ................................ C. Primary and Subordinate Domestic Legislation .............................................................. D. Checks and Balances ........................................ CHAPTER 5. THE PARLIAMENT .... ........................... A. Organization ........................... ........................ (1) Time and Nature of Meetings ............ (2) Procedure and Record Keeping ........ (3) Joint Sessions ...................................... (4) Order of Business ................................ (a) Administrative Personnel ............ (b) Election and Appointment of Presiding Officers ........................... (c) Committee Selection .................... (i) Standing Committees .......... (ii) Joint Committees .................. (d) Daily Agenda ................................

9292 93 94 94 94 94 94 94 95 95 95 97 97 99

99 100 102 103 105 105 105 106 107 107 107 108 109 109 110 110

TABLE OF CONTENTS

xv PAGE

(5) Nature of Business .............................. (a) In General ...................................... (b) Resolutions .................................. B. Draft Legislation ................... ........................... (1) Source of Power ........ .. . ........................ (2) Steering of Proposed Legislation ........ (a) Committee Hearing ...................... (b) Reporting Out .............................. (c) Consideration by Other Chamber (d) Joint Session .................................. C. Action by the Emperor ....................................

111 111 111 112 112 112 112 113 114 115 116

6. THE COUNCIL OF MINISTERS . . . . . . . . . . . . . . A. Formation ........................................................ (1) In General ............................................ (2) Private Cabinet Distinguished .......... B. Draft Proclamations .: ...................................... C. Decrees .............................................................. (1) Source of Power .................................. (2) Process .................................................. (3) Effect of _Approval or Disapproval of a Decree by the Parliament ............ (a) Issuance of Notice of Approval (b) Approval With Amendments ...... (c) Issuance of Notice of Disapproval ........................................ (d) Divided or No Action by Parliament .......................................... D. Orders ................................................................ (1) Source of Power .................................. (2) Process .................................................. (3) Ministerial Orders . ........................... E. Legal Notices .................................................... (1) Source of Power ...... ........................... (2) Process ..................................................

118 118 118 120 121 123 123 123

CHAPTER

124 124 125 125 126 126 126 127 128 128 128 129

TABLE

CONTENTS

XVII

PAGE (4) Organization ........................................ 163 (5) Powers ...................... ........................... 164 E. The Livestock and Meat Board ...................... 165 (1) Background .............. ........................... 165 (2) Creation ................................................ 168 (3) Purpose and Objectives ...................... 168 (4) Organization .. ..... ........................... ...... 169 (5) Powers .................................................. 170 F. The Tax Appeal Commission .......................... 172 (1) Background .......................................... 172 (2) Creation ................................................ 172 (3) Purpose and Objectives ...................... 172 (4) Organization ......................... ,.............. 173 (5) Powers .................................................. 174 (6) Hearings ................................................ 174 (7) Appeals ................................................ 177 CHAPTER 9. LAW REPORTING AND LEGAL RESEARCH ............................................................ A. The Language Problem ...... ........................... B. The Negarit Gazeta .......................................... (1) In General ............................................ (2) Comparative Analysis Table .............. (3) The Former Role of the "Consultative Committee For Legislation" .... (4) The Present Role of the Minister of Pen .................................................... (5) The Present Role of the Legal De partment in the Prime Minister's Office .................................................. (6) The Present Practice of Comparing the Published Law with the Ap proved Official Text .......................... (a) The Secretariat of the Council of Ministers ....................................

179 179 181 181 184 184 185 185 186 186.

XVI

LEGAL SYSTEM OF ETHIOPIA PAGE

F. International law .............................................. 129 (1) Source of Power .................................. 129 (2) Process ...................... ........................... 130 CHAPTER 7. THE JUDICIARY ........ ........................... 131 A. Introduction ...................................................... 131 B. The Courts ............................................. ........... 131 (1) In General ............................................ 131 (2) Local ...................................................... 136 (3) Muslim .................................................. 137 (4) Ecclesiastical ........................................ 139 (5) Summary .............................................. 139 C. His Imperial Majesty's Chilot ........................ 140 D. Fird Mirmera and Sebre Semi ........................ 149 CHAPTER 8. ADMINISTRATIVE AGENCIES ................ 151 A. Introduction .......... . ........................................... 152 B. The Civil Aviation Administration and the Civil Aviation Board ............................ 153 (1) Background .......................................... 153 (2) Creation ................................................ 155 (3) Purpose and Objectives ...................... 155 ( 4) Organization ........................................ 155 (5) Responsibilities .................................... 156 (6) Powers .................................................. 156 C. The Grain Board .............................................. 158 (1) Background .............. ........................... 158 (2) Creation ................................................ 159 (3) Purpose and Objectives ...................... 159 (4) Organization ........................................ 159 (5) Powers .................................................. 160 (6) Subsequent Legislation ...................... 161 D. The Grain Corporation .................................... 161 (1) Background .......................................... 161 (2) Creation ................................................ 162 (3) Purpose and Objectives ...................... 163

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LEGAL SYSTEM OF ETHIOPIA PAGE

(b) The Secretariat of the Two Chambers of Parliament ........ (7) Corrigenda ............................................ Consolidated Laws of Ethiopia ...................... The Codes .......................................................... Faculty of Law Publication Series ................ Journal of Ethiopian Law ..............................

186 186 186 187 189 189

CHAPTER

10. THE LEGAL PROFESSION .................... A. Legal Education .................. ........................... (1) Background .......................................... (2) Programs of Study .. ........................... (a) LL.B .............................................. (b) Diploma ......... . .............................. (c) Certificate ...................................... B. The Judiciary ................. ....... .......................... . C. The Bar .................................. . . .. . ......................

191 191 191 192 192 193 193 194 194

CHAPTER

11. CONCLUSION ..... . ... . .............................. 201

C. D. E. F.

APPENDIX A. REVISED CONSTITUTION OF

1955 ...... 203

APPENDIX B. DRAFT PROCLAMATION OF ADMINISTRATIVE PROCEDURE CODE ..................................

247

The Legal System of Ethiopia CHAPTER 1.� THE EMPEROR AND HIS PEOPLE. A. IN GENERAL, B. THE LAND. (1) Political Origin. (2) Location and Area. (3) Geographic Factors and Climate. (4) The Economy. (5) Natural Resources. (6) Transportation. (7) Tax Structure. (8) Foreign Aid. C. THE PEOPLE AND THEIR CULTURE. (1) Population. (2) Ethnic Groups. (3) Language. (4) Religious Affiliations. (5) Education. (6) Housing, Health and Sanitation.

A. In General.

With the possible exceptions of nations such as Saudi Arabia and the Vatican, in no other country in the world is there more oneness between a leader and the people than in Ethiopia. Crown and Church in the person of His Imperial Majesty are also inextricably interwoven in this ancient Empire. The special role of the Emperor must thus always be kept in mind in any consideration of Ethiopia, and this is especially true • The material in this chapter has been taken largely from SUTER, LABOR LAW IN ETHIOPIA (1966).

LEGAL SYSTEM OF ETHIOPIA.

with respect to its legal system. That is the reason for the name of this Chapter, which is therefore not as arrogant as it may seem on first reading. B. The Land. (1) POLITICAL ORIGIN.

The origin of the Ethiopian Kingdom is contained in the legend of the Biblical figure Cush, son of Ham, who founded . the Kingdom of Axum and named the surrounding countryside after his son Ethiops. The earliest recorded historical figure of the country was Makeda, the Queen of Sheba, who journeyed north on a visit of state to King Solomon in the early 10th century B.C. Their son, Menelik I, is traditionally held to be the founder of the present ruling line, which is thus the longest in history. (2) LOCATION AND AREA.

The Ethiopian Empire is located in northeastern Africa, bordered by the Red Sea on the northeast, French Somaliland on the east, the Somali Republic on the southeast and south, Kenya on the south, and the Sudan on the west and northwest. Its roughly triÂ angular shape covers approximately 457,000 square miles, roughly equivalent to the combined areas of Texas, Oklahoma, and New Mexico. (3) GEOGRAPHIC FACTORS AND CLIMATE.

Most of Ethiopia is a plateau, ranging in elevation from 6,000 to 10,000 feet above sea level, and divided from southwest to northeast by the Great Rift Valley, a huge geologic fault which runs from Mozambique to Syria. The southern half of the Rift in Ethiopia has an average width of 30 miles, but in the northern half it

THE EMPEROR AND HIS PEOPLE

broadens to form the Danakil Depression, over 200 miles across at its widest point. North of the Danakil is a line of low, bare hills, and north of them an arid strip of land along the Red Sea. The plateau to the southeast of the Rift Valley falls to the lowlands of the Ogaden Desert, an area of sev足 eral thousand square miles bordering the Somali Re足 public. The plateau to the northwest of the Rift is deeply eroded by numerous rivers, almost all of which are too narrow and rapid for navigation. The chief rivers are the Blue Nile (in Ethiopia called the Abai), which rises in the north-central part of the country and flows south, then west into the Sudan; the Takaze, also flowing from the north westwards to the Sudan; and the Awash River, which rises in the center of the country and disappears in a series of saline lakes in the Danakil. Ethiopia's main port is located in Djibouti, in French Somaliland on the Gulf of Aden. Two ports within Ethiopian territory, Assab and Massawa on the Red Sea, are being expanded rapidly, including the erection of a large oil refinery in Assab. The climate is temperate on the plateaus on both sides of the Great Rift Valley, with temperatures rarely exceeding a high of 80 Fahrenheit. In the re足 gions over 8,000 feet above sea level in the central parts of the plateaus, the mean temperature is seldom higher than 60 Fahrenheit. The coastal hills and plain and the Ogaden Desert are torrid, with little daily change in temperature; and the Danakil, in some places 300 feet below sea level, is perhaps the hottest place on earth. The deep valleys of the Takaze and the Abai rivers in the northwest are tropical. In the plateau region there are two rainy seasons足 the "little rains" in April and May, and the "big rains" from mid-June to mid-September. The rest of the year

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LEGAL SYSTEM OF ETHIOPIA

the climate is generally dry, governed by northeast erly winds from the Arabian Desert. In the northwest ern part of the plateau, the big rains bring about 80 or 85 percent of the annual rainfall; in the southwest ern plateau areas rainfall is more evenly distributed throughout the year and more abundant, reaching nearly 80 inches annually in the extreme southwest. Average annual rainfall for the whole plateau is about . 48 inches. Elsewhere in the country, namely, the Rift Valley and Eritrea, the rainfall is low; in the Ogaden less than 4 inches annually, and in the Danakil De pression virtually none. The central plateau, northwest of the Great Rift Valley, has always formed the core of the Ethiopian state. Its temperate climate and plentiful rainfall make it an easier place to live than other parts of the Em pire and give it more potential for modern develop ment. The steep sides of the plateau, deeply eroded and cut by swift, unnavigable rivers, have afforded Ethiopia considerable protection from outside inva sion. Expansion has usually been to the south and east, where the plateau dips more gradually to the low lands. The peoples of these lowlands have been con quered periodically by the peoples of the plateau and when brought to the plateau areas they have tradi tionally become servants, traders, and handicraftsmen. In their native areas, the constant need to search for water for themselves and their herds has resulted in a nomadic way of life. ( 4) THE ECONOMY.

Ethiopia is a predominantly agricultural and pas toral country, and the majority of its population are small-scale subsistence farmers or nomadic herdsmen. The little surplus produced is usually traded in tradi-

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THE EMPEROR AND HIS PEOPLE

tional open markets for basic necessities. Most of the modern industrial and commercial firms have been es tablished since World War II, largely by foreigners or non-Ethiopians resident in Ethiopia for many years; many of these firms are partly owned by the Ethiopian government. Planning for modern development began with the First Five-Year Plan (1957-62) and continued into the Second Five-Year Plan (1963-67). The chief objective of the second plan is expansion of the internal market through modernization of agriculture by reforming land tenure systems, through development of industry by attracting foreign capital and by government in vestment in cooperation with private Ethiopian com panies, and through expansion of communications and transportation facilities, education, and manpower training. Per capita annual income was estimated at less than $55 in 1967. This seemingly low income does not mir ror the average level of living of most of the popula tion, however, since a large majority are either out side the money economy completely or only peripher ally connected with it. The estimated 90 percent in the agricultural sector, for example, grow most of their own food and sometimes supply it to relatives in near by cities and towns as well. Most meet their outside needs through bartering their surplus produce, al though this practice is diminishing. In 1961-62, Ethiopia's Gross National Product was $866,320,000; over two-thirds was contributed by the agricultural sector of the economy (both its modern and traditional components), less than one-tenth by the industrial sector, and the remainder by govern ment, commerce, and services sectors.

LEGAL SYSTEM OF ETHIOPIA

Coffee is the largest single export, accounting an nually for 50 to 60 percent of the foreign exchange earned. Ethiopia's heavy dependence on this one crop and its price on the world market results in a certain degree of economic instability, but efforts to diversify exports have been postponed, and priority has been given to production for domestic demand to reduce im ports. Participation in the International Coffee Agree ment since December 1964 has afforded Ethiopia some stability through guaranteed markets for a certain coffee quota. Hides and skins and general agricultural produce rank next as foreign exchange earners. A small percentage of the agricultural produce is pro cessed before export, chiefly in Eritrean factories ; this includes canned tomatoes, meat, fishmeal, and honey. The value of foreign goods shipped through Ethiopia ranges from 1.3 million dollars to 2 million dollars a year. Ethiopia's chief trading partners are the United States, Italy, Great Britain, and West Germany. The United States is the largest importer, regularly taking about 75 percent of all exported coffee. Italy and the United States are the largest exporters to Ethiopia in value terms, supplying chiefly manufactured goods. Ethiopia's trade has remained fairly constant with other countries of Africa over the past five years, has declined slightly with the Middle East, and increased greatly with Asia. Trade with Eastern Europe, with the exception of Yugoslavia, is small but growing. Ethiopia's balance of payments has traditionally been dependent on the price of coffee on the world market, which in the past few years has been mod erately high, giving Ethiopia a favorable balance. In 1964, gold and foreign exchange reserves increased

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ov.er 1963 by 11 million dollars, chiefly as a result of high coffee prices. Total money supply increased by 17 percent over 1963 to 121.3 million dollars, although the wholesale price index remained stable. (5) NATURAL RESOURCES.

On the Ethiopian plateau the soil is rich and rainfall usually adequate; in other parts of the country water is available for irrigation and the soil is potentially good. Primitive tools and land tenure systems which divide the land into parcels too small for modern tech niques and machinery discourage the tenant's initia tive for improvement and have impeded the realization of the country's agricultural potential. Even so, Ethi opia has usually been able to meet its internal food needs. Estimates place the amount of land currently under cu;Itivation (including land left fallow under present cultivation practices) at 10 percent of the total land area of Ethiopia, and cultivable land at 50 per cent. Ethiopia's abundance of livestock has never been measured, but according to estimates there are a cow and a sheep for every person, about 15 million goats, and 35 million chickens. Agricultural production is characterized by small subsistence farming usually supplemented by livestock raising. There are several large plantations on which .cotton, sugar cane, and sisal are grown for use in factories established in conjunction with the planta tions. All are foreign-owned and operated, with Ethi opian government and private participation, and none exports in any appreciable quantity. Coffee grows either wild or on plantation; the grading and sale of coffee are controlled by the National Coffee Board. Exploitation of minerals in Ethiopia is still on a small scale, and no minerals are exported in signif-

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LEGAL SYSTEM OF ETHIOPIA

icant quantity. At present gold, platinum, manganese, salt, and quartz sand are mined commercially, and ex tensive exploration for potash, oil, and iron ore is un derway, with promising results in the case of potash. Manufacturing is mostly limited to the processing of raw materials (cotton, food, and drink). The harness ing of the country's many waterfalls and rivers for the production of electricity is expected to provide power for further development of this sector, however, and in particular the expansion of the building materials, food processing, textiles, and chemical industries is en visaged in the development plans. (6) TRANSPORTATION.

In 1962, Ethiopia had a total of just over 3,000 miles of all-weather roads, and an additional 400 miles of dry-weather roads. Largely a legacy of the Italian oc cupation, they have been maintained, improved, and greatly extended since then by the Imperial Highway Authority. In the Second Five-Year Plan (1963-67), another 1,750 miles of roads are envisaged, 370 miles of which were under construction in 1963. Ethiopia has two railways, the Franco-Ethiopian Railway, with 490 miles of track about 45 miles of which is in French Somaliland, and the Asmara-Massawa Railway in Eritrea with 190 miles of track. Ethiopian Interna tional Airlines (EAL) connects Addis Ababa with 13 cities in Europe, Africa, Asia and the Middle East, and over 30 points within Ethiopia. Eight other interna tional airways serve Ethiopia. Almost all of Ethiopia's shipping is through the French Somaliland port of Djibouti; the Ethiopian ports of Massawa and Assab are secondary, principally because no rail line yet con nects them with Addis Ababa. Its merchant marine is still small; almost all cargo is carried in foreign ships.

THE EMPEROR AND Hrs PEOPLE

(7) TAX STRUCTURE.

Taxes are levied on a variety of items and calculated in various ways. Direct taxes include a progressive tax on cash income ranging up to 15 percent and taxes on business income and livestock. Four taxes are levied on land (a basic tax, a tax in lieu of tithes, an education tax, and a health tax) the amounts varying with the officially assessed richness of the soil. Indirect taxes in clude levies on sales transactions and on motor fuel, use of roads and bridges, and excise taxes on alcohol, tobacco, stamps, etc. Revenue from direct taxes amounts annually to about 15 percent of the ordinary revenue of the government, and that from indirect taxes, to about 30 percent. Customs duties account for another 30 to 35 percent, and the balance of the gov ·ernmental income comes from the profits of public utilities and state-owned enterprises. In late 1967, sweeping changes in Ethiopia's income tax legislation came into effect. They abolished the old system of tithes formerly paid by tenant farmers to .landlords and brought to an end the tax exemption on income from agriculture. Under the now abolished tithe system, tenant farm ers were required to give one-tenth of all their produce to the owner of the land they farmed. This payment, usually done in kind rather than in cash, was in addi tion to any rent the tenants paid. The new land tax proclamation represents a significant departure from these old practices. The ancient custom of tithes, coded into law 23 years ago, is to be replaced by a progressive income tax on all incomes from agricultural activities. Tenant farm ers and landlords alike will pay to the government fixed annual taxes in cash henceforth.

LEGAL SYSTEM OF ETHIOPIA

Major landlords will also pay a surtax of 10 percent on all portions of their income above $12,000 and an additional surtax of 10 percent of that portion above $60,000. About 90 percent of the national income stems from agriculture at present. In the past, landlords were expected to pay only a fixed tax on their holdings re gardless of productivity or income. (8) FOREIGN AID.

The United States is the chief donor of foreign aid to Ethiopia. The program for the year ending June 30, 1965, amounted to about 9.3 million dollars in grants and loans. It aimed chiefly at strengthening the coun try's internal security and financial resources and at generating local currency. Emphasis on aid in the fields of education and health continues from earlier pro grams, but the emphasis on education has been mod ified to include systematized educational planning through a manpower survey, and a program of prac tical and vocational training. Miscellaneous projects include agricultural improvement, civil aviation, radio broadcasting, public safety, and labor and self-help de velopment activities. Specialized agencies of the United Nations have also given Ethiopia financial and technical assistance in the fields of education, health, and public administration. Other donors of financial and technical assistance include West Germany, Sweden, U.S.S.R., Yugoslavia, Bulgaria, Czechoslova kia, and Italy, all on a comparatively small scale. C. The People and Their Culture. (1) POPULATION.

There has never been a census taken in Ethiopia and official estimates of the population range from 22 to

THE EMPEROR AND· HIS PEOPLE

27 million people with an annual growth rate of from 1.6 to 3 percent. Overall population density is about 60 persons per square mile, but the rate varies from 5.6 persons per square -mile in Bale Province to 182.5 persons per square mile in Arussi Province. The most heavily pop ulated areas are in the provinces of Shoa, Gojjam, Wollo, Tigre, and the northern and nortpwestern parts of Hararge, which comprise the central plateau where the moderate climate and fertile soil can support large numbers of people. Four of the five largest Ethiopian cities are in this area but only 3.5 percent of the total population live in urban centers of over 10,000 per sons each. Ethiopia is a "young" country, with over two-thirds of the population less than 30 years old in 1965. One third were under 10 years of age and about one twentieth were 60 years of age and over. Thus, the working age population, between 10 and 60 years, con stituted about 60 percent of the total. Custom, not law, dictates the prevailing age limits of the work force. The majority of those from 10 to 14 years of age are active on farms and in markets in rural areas. In urban areas fewer of this age group work; those who _ do are mostly in their family's shops or in casual ser vices, although some instances have been reported by the Eritrean Labor Inspection Offices of very young children employed in factories in that province. Few in the over-60 age group work, principally because of illness or other disabilities, but also because the elderly are generally venerated and therefore relieved of the burden of labor. Males and females are about equal in number in the population as a whole, but males out number females in both the lower and upper age

LEGAL SYSTEM OF ETHIOPIA

brackets. Women have a slight numerical edge in the 20 to 35 age group. In 1965, an estimated 11,490,000 persons were ac counted economically active; thus, the labor force con stituted about 43 percent of the total population, and 71 percent of the working age group. In addition, an estimated 2 million children age 5 to 9· help out on family farms in the traditional economy. No age-sex breakdown is available for the labor force; but females probably constitute no more than 20 to 25 percent of the economically active. Religious precepts restrict economic activity among Muslim women, and cultural and economic factors limit that among Christian, Jewish, and many pagan women, even as unpaid fam ily workers. On farms, family helpers are most often male children who work in the fields and tend the live stock; the woman's share of the work is more often the spinning, weaving, marketing, and cooking, chores which are more housework than economic activities. Women are often the ones who go to market with agri cultural produce, however, and among the nomadic population, women share most kinds of work with men. About 57 percent of the labor force are settled in isolated groups, several hours' mule ride from a road. An additional 35 percent live in rural areas closer to roads and towns. Approximately 3 percent of the labor force are nomads, mostly in the Ogaden Desert; the re maining 5 percent live in towns and cities. Almost 98 percent of the total estimated labor force are engaged in traditional economic activities, includ ing 93 to 94 percent in subsistence farming and animal husbandry, and 2 to 3 percent in services. Most of the latter group are clergy and lay officials in the Ethio pian Orthodox Church; the rest are in entertainment

THE EMPEROR AND HIS PEOPLE

activities. The remaining 1 to 2 percent are in trade and handicrafts; however, most tradesmen are prob ably active in other sectors at the same time, since many of them produce the items they trade. In the same way, the handicraft and agricultural sectors overlap somewhat, as many persons who are prin cipally farmers or herdsmen may weave cloth or straw goods, or fashion wooden or metal decorative objects in slack seasons. (2) ETHNIC GROUPS.

There are 11 main ethnic groups in Ethiopia, rep resenting three basic racial types : Semitic, Cushitic, and Negroid. Historically, the most important ethnic groups, politically and culturally, were the Amhara and Tigrai, who today together constitute about one 'third of the population. Of Semitic stock, they are be lieved by historians to have migrated (probably as one people) from southern Arabia between the 10th and 7th centuries B.C. to the Ethiopian highlands, where they founded the powerful Kingdom of Axum based on a highly developed agricultural-warrior society. Since then they have spread south, conquering neighboring groups, and gradually developing separate languages and cultures. The present Imperial family is of pre dominantly Amhara blood, and Amharic is the official language of the Empire. The majority of personnel in the government, both civil and military service, are Amhara, Tigrai, and Galla. Ethiopians in the profes sions are also mainly from these groups. A third Semitic people of numerical importance are the Gurages, numbering about 350,000 to 500,000, mostly in Shewa Province, who are farmers and herds men. A few are skilled craftsmen, however, and until recently they have all been looked down upon by the

ii II I

I I

LEGAL SYSTEM OF ETHIOPIA

Amhara and Tigrai groups, who considered manual work degrading. Because Gurages are known to be hard workers, they are in great demand in Addis Ababa. Recently some have opened shops. there and have become successful merchants. Of growing importance politically are the Galla peo ples, of Cushitic stock. They are the largest single ethnic group in Ethiopia, comprising some 40 percent of the total population. Their origin is not definitely known; their languages are Cushitic. They entered present-day Ethiopian territory from the south early in the 16th century and settled over large areas of southern and central Ethiopia, mingling with the dif ferent peoples with whom they came into contact through conquest and trade. This variety of contact has subjected the Galla peoples to a variety of relig ious, cultural, political, and social influences. Almost all have turned from a nomadic or semi-nomadic life to one of sedentary farming, but a few on the Kenya border remain nomadic herdsmen. The Gallas who reached the northern and western highland areas have intermarried with the Amharas on all levels and in recent decades significant numbers have been pro moted to high positions in the government and Armed Forces. Two other groups, also of Cushitic stock, are the Agau tribes of the plateau whom the Amharas and Tigrais found when they first came to Ethiopia, and the Falashas of northern Begemder Province. Most of the former have been absorbed by their Semitic con querors, but some 75,000 remain distinct. In general they are farmers, but some engage in such occupations 3:s tanning. The Falashas number about 25,000 and usually live in villages separate from other groups.

THE EMPEROR AND HIS PEOPLE

They are also farmers and craftsmen. Numerous sto ries tell of their origin. Scholars say that they were probably indigenous to the area and converted to an early form of Judaism by Yemeni missionaries; Fa lashas themselves trace their ancestry to the Jews who accompanied Menelik I home after his visit to his father, King Solomon, about the middle of the 10th centuryB.C. The principal nomadic groups are the Somalis, numbering about 1.5 million; the Afar (Danakil), 60,000 to 75,000; the Bani Amir, 60,000; and the Saho, 50,000. They are thought to be originally from Arabia, and are basically Cushitic, although some of the south ern Somalis have intermarried with Negro tribes farther south. All have maintained much of their traditional organization in confederations and tribes based on descent from a common progenitor. Most Somalis and Saho are seminomads, the former herds men and the latter farmers. Many Saho and a few Somalis are becoming permanently settled, however, as merchants and blacksmiths around Harar. The Beni Amir live in northern Eritrea, mostly herdsmen, al though some go seasonally to the Sudan to pick cotton, and a few around Agordat have become settled farm ers. Little is known about the Afar other than that their inhospitable land (the Danakil Depression) forces them to wander in search of water and grazing land for their flocks. They are in general a fierce peo ple, although they trade peacefully with the Amharas on a small scale, and have recently begun to work for mineral exploration companies prospecting in the Danakil. Another Cushitic group, numbering an estimated 2.5 million, is the Sidamo, whom the Gallas found and

LEGAL SYSTEM OF ETHIOPIA

conquered in southern Ethiopia when they invaded in the 16th century. Western Sidamo kingdoms, based on sophisticated agricultural practices, endured from the 14th through the 19th century. At the time of their subjugation to Amhara rule, many were taken as slaves elsewhere in the country. The Shankellas comprise peoples of Negroid stock who live along the Sudanese border in the west. Esti足 mates of their number range from 500,000 to 1 million. The more northerly of the groups are farmers ; the southernmost are semi-nomadic. Most of these tribes have suffered raids over the past centuries by Am足 haras, Arabs, and others who sought slaves. Hence people with Shankella blood are scattered all over the country. Although freed by Imperial Decree in 1942, they still occupy the most menial positions. In addition to long-established communities of Italians, Greeks, Indians, Arabs, and Armenians, there are about 37,000 foreigners in Ethiopia. The largest numbers come from Yemen, Italy, and Greece. With the exception of the Yemenis and some Italians who often occupy skilled and semiskilled jobs in Eritrea, most foreigners work in commercial enterprises ( es足 pecially the Armenians, Indians, Greeks, and Ital足 ians). Indians are often found also as teachers and school superintendents. The Arabs are usually traders in the provinces. The British and Americans are most often in the country on contract to the government as technical experts under the auspices of international assistance organizations. (3) LANGUAGE.

More than 70 languages and over 200 dialects are currently spoken in Ethiopia, but only 6 indigenous tongues are spoken by large numbers of people: Am-

THE EMPEROR AND HIS PEOPLE

haric, Tigrinya, Tigrai, Arabic, Gallinya, and Somali. Other important languages are English, Italian, and French. Amharic is the official language of tl).e Empire but government publications are generally in both Am haric and English. Amharic and Tigrinya are the only indigenous written tongues; newspapers and maga zines appear in them, as well as in Arabic, English, and French. Amharic, Arabic, and Somali are the lan guages in general use on radio broadcasts. Amharic is the language of instruction through the sixth grade; thereafter classes through the university level are con ducted in English ( one of the principal subjects of study in the primary grades). Small but important bodies of literature exist in Amharic, Tigrinya, and Arabic. Ge'ez, an old language from which Amharic, Tigrai, and Tigrinya are derived, is both the liturgical language of the Ethiopian Orthodox Church and of the Falasha ritual. Since it was virtually the only literary language of Ethiopia until the 19th century, present day Ethiopian literature, most of which is in Amharic, is strongly influenced by Ge'ez style and forms. Amharic is a Semitic language spoken by less than half the population, for some of whom it is a second language. It has few and slight dialectical variations, so all who speak it can understand one another. It is an extremely complex language, and while a mastery of it and ability to manipulate its double meanings adeptly and gracefully is a sign of intelligence and high social standing, few master all of its grammatical intricacies. Tigrinya and Tigrai are also Semitic languages, akin to Amharic by virtue of their common descent from Ge'ez, but closer to Ge'ez and retaining purer Ge'ez vocabulary and grammar. An estimated 1 to 1.5 mil-

LEGAL SYSTEM OF ETHIOPIA

lion speak Tigrinya, mostly in Tigre Province and northern Eritrea. Tigrai is spoken by about 200,000 persons in the central and southern parts of Eritrea Province. Arabic is known to some extent by most of the Mus lim population, but probably very few speak it flu ently and even fewer read and write it. The largest concentrations of Arabic speakers are in Eritrea and Hararge provinces. The holy language of Islam, Ara bic, is used in Muslim religious services and taught in Koranic schools. Gallinya, a Cushitic member of the Afro-Asiatic fam i1y of languages, is spoken in its numerous dialects as a native tongue by more people in Ethiopia than is any other language. Principal concentrations of its speak ers are in western and southwestern Ethiopia, Shoa and Arussi provinces, and around the city of Harar. Galla dialects are sometimes transcribed in Amharic letters by Christian Gallas, sometimes in Arabic script by Muslim Gallas. Its extensive literature, however, is oral; it includes war songs, adventure stories, and love ballads. Somali is also a Cushitic language, spoken by about one million people in Ethiopia. It is not a written language in Ethiopia; its extensive literature remains oral. English is the most important foreign language in Ethiopia, although many older Ethiopians speak Ital ian or French. Most government officials and higher level employees in commerce and industry, especially in Addis Ababa, speak English, and the older ones, French. Many clerical and lower level supervisory em ployees speak English, French, or Italian, and virtually all speak Amharic. Thus it is possible to conduct rela-

THE EMPEROR AND HIS PEOPLE

tions with Ethiopian and government representatives in English; contacts are of course increased by a knowledge of French or Italian, and further enhanced by knowledge of Amharic. It is not advisable, however, according to some Ethiopians, for westerners to de -pend on their knowledge of Amharic in legal usage or business dealings with Ethiopians because of the am biguities of the language. Nevertheless, an attempt to learn a few amenities in Amharic is greatly appre ciated by the courtesy-minded Ethiopians. ( 4) RELIGIOUS AFFILIATIONS.

Three of the world's major religions are represented in Ethiopia: Christianity, Islam, and Judaism. An esti mated one-third to one-half of the population are Christian, the vast majority of whom are members of the Ethiopian Orthodox (Coptic) Church; another es timated 35 percent are Muslim; and about 25,000 are Falashas (an early Jewish sect). The remainder fol rlow a variety of animist cults which frequently blend into Coptic or Islamic practices in areas where more than one religious practice exists. The Revised Consti tution of 1955 recognizes the principle of freedom of religious worship. The Ethiopian Orthodox Church is the state church, and the Revised Constitution of 1955 states that the ruler of Ethiopia shall profess the Ethiopian Orthodox faith. Coptic Christianity was introduced into the country in the 4th century A.D., when it became the official religion of the Kingdom of Axum under the di rection of the Patriarch of Alexandria. It has remained closely identified with the Amhara and Tigrai peoples and has played a powerful role in the states they formed at different times. In 1951, the Ethiopian branch of the Coptic Church achieved autonomy from

LEGAL SYSTEM OF ETHIOPIA

the Egyptian Alexandrian Church, becoming in theory as well as in fact a national church. The Emperor ap points the head (Abune) of the Ethiopian Church and is in turn consecrated by the Abune as head of the Ethiopian state. Virtually all Amharas and all Tigrais and an estimated 10 percent of the Gallas are Ethio pian Orthodox. Islam claims as adherents the majority of the Afars and Somalis and also about half the Gallas. It was first introduced into Ethiopia in the latter part of the 7th century A.D. when the Axumite king provided asylum for Muslim refugees from the Arabian Peninsula, but gained its present-day following later, at different times, from a variety of sources and in different forms. Its doctrines and practices are mixed with local rites and perhaps partially for this reason it does not con stitute a basis for unifying the diverse peoples pro fessing its faith in Ethiopia; tribal and ethnic loyalties remain stronger. The Falashas at one time numbered many times their present 25,000, but their number has gradually been reduced by wars with the Amhara Christians. The holy writings of the Falashas traditionally consist only of Ge'ez versions of the Old Testament and the Apocryphal Book of Jubilees. Many religious customs and concepts, based on the same version of these writ ings, are shared by Copts and Falashas. The Hebrew language and other writings sacred to Jews of other countries have been introduced among the Falashas since the beginning of this century, but only to rela tively few. Fully developed pagan practices are found in purest form among the southern and southwestern borders, but individual elements are much more widespread,

THE EMPEROR AND HIS PEOPLE

especially in Galla areas. Observers have remarked that belief in magic and superstitions is common to most groups throughout the country. Many people still practice pagan rites; the most common are animal sacrifices for increased good fortune with children, crops, and herds, rain-making and rain-controlling ceremonies, and propitiations for other needs. A number of foreign Christian missions are active in the country, but by law they are allowed to prosely tize only among non-Copts. They are occasionally sub jected to harassment by local non-Christians in areas where they are working, although the government has welcomed missions if they establish schools or medical ,clinics. In 1960, the major groups active in Ethiopia were the Roman Catholic Church, the Sudan Interior Mission (Protestant), the American United Presby terian Mission, the Swedish Lutheran National Evan gelical Mission, the Bibletrogner Vanner Mission (Swedish), the Seventh Day Adventist Mission, and the American Lutheran Mission. Largely because of the long identification of the Ethiopian Orthodox religion with the ruling Amharas and Tigrais, the profession of Christianity has tradi tionally eased access to high social position, wealth, and education. Under the present educational policies, ;however, which offer free schooling at lower levels and numerous scholarships at higher levels, children of all religious groups are acquiring training which qualifies them for responsible and well-paying positions in either the government or the private sector. (5) EDUCATION.

The literacy rate in Ethiopia is estimated at less than 10 percent of the total population. Factors con tributing to this low rate include the existence of many

LEGAL SYSTEM OF ETHIOPIA

tribal languages and dialects, some of which have no alphabet, and lack of familiarity among over half the population with Amharic which is the official language of elementary school instruction. Education is a major concern of the Emperor, as symbolized by the fact that He held the office of Minister of Education until April, 1966. Under His guidance its work has been improved and extended considerably since the Italian occupa tion of 1936-41. Many hindrances to its development remain, however, such as isolation of a major portion of the population, shortage of teachers, and resistance of some conservative elements to education as an un wanted aspect of modernization. Academic organization is modeled after French, English, and American schools, although adaptations to Ethiopian needs have been introduced in the past five to ten years. The school system consists of 6 ele mentary grades, 2 junior secondary grades, and 4 senior secondary grades. Specialized training at the post-secondary level may take different lengths of time depending on the area of study; academic courses of study for a university degree are four years long. There are five kinds of schools in Ethiopia: Govern ment, community, mission, private, and Church schools. The first two kinds are financed by the gov ernment and offer courses in grades 1 to 12 (govern ment) and 1 to 7 (community) free of charge. Haile Selassie I University is also subsidized by the govern ment and receives aid from foreign countries as well. It charges no tuition. Most mission schools are run by Baptist, Lutheran, and Roman Catholic Missions from the United States and Scandinavia. They offer from 4 to 12 grades; six schools include specialized training courses. Some receive assistance from the

THE EMPEROR AND HIS PEOPLE

Ethiopian government in the form of land, buildings, or staff. Private schools include those operated by pri vate persons, institutions, or religious organizations (other than those engaged in missionary activities) ; they may or may not receive help from the govern ment. Schools for the children of the foreign commu nity (including excellent ones sponsored by various foreign Embassies) and Muslim (Koranic) schools are in this category. With the exception of a 2 to 4-year course in Koranic schools, private schools offer from 1 to 12 grades; two other private schools offer special ized training, one in nursing, the other in technical subjects. All private schools charge tuition. Church schools are those run by the Ethiopian Orthodox Church. These are of two kinds. The first has adopted the curriculum of the government and community schools, offers from 1 to 12 grades, and operates a Theological School in Addis Ababa. The second offers 4 years of study in traditional Church subjects. Four teen schools for orphans and the handicapped also exist, most in Addis Ababa, and usually they are fi nanced directly or indirectly by the government. They offer between 1 and 6 grades. The number of students in all grades in Ethiopia totaled 357,411 in the 1963-64 school year, or between 4 and 5 percent of the estimated number of school age children in Ethiopia. About 68 percent of those en rolled in 1962-63 were in government schools (includ ing community schools), 9 percent in mission schools, 11 percent in private schools, between 4 and 7 percent each in the two kinds of Church schools, and the re mainder in special schools for the handicapped. A little over one-quarter of the students in that year were girls, evidence of the government's successful efforts

I I 24

LEGAL SYSTEM OF ETHIOPIA

to overcome the traditional view of many in the coun try that women are unfit for education. Despite gov ernment efforts, and the changing opinions of many urbanized Ethiopians, most girls unfortunately drop out after primary school; in the year 1965-66, for ex ample, only 150 were enrolled in Haile Selassie I Uni versity. The curricula of the government, community, and modern Church schools are the same, based primarily on French, English, and American models. Emphasis has been on academic subjects, such as arithmetic, science, history, and geography. More recently, English has been stressed, because all education after the sixth grade is conducted in that language, and instruction in the natural sciences is also gaining in importance. In non-Amhara parts of the country, the Amharic lan guage is an important elementary school subject. Pro grams are underway to adapt curricula to Ethiopian needs through introduction of courses in health and hygiene, handicrafts, home economics, and Ethiopian history in the elementary grades ; courses in practical subjects such as metal working, agriculture, or sewing are to be added to the academic subjects at the second ary level. The curricula of mission schools are regu lated by the Ministry of Education and Fine Arts ; private schools (except the Koranic schools) have similar curricula. Both kinds of schools generally pre pare their students for the university. The mission schools, especially those in smaller towns, have long included courses in health and hygiene, and crafts. Koranic schools emphasize memorization of the Koran, and reading and writing classical Arabic. The tradi tional Church curriculum consists of reading and re citing Ge'ez, the language of the Ethiopian Orthodox

THE EMPEROR AND HIS PEOPLE

Church. Specialization in Biblical interpretation, Church music, or Church literature is offered if a stu dent chooses to continue after the 2 to 4 year basic course. The curriculum at schools for orphans is the same as that at the government schools; that at schools for the handicapped varies with the abilities of the students. Higher education is offered at Haile Selassie I Uni versity (HSIU) in Addis Ababa and at an extension of the university in Asmara. All credits are inter changeable. As of 1963-64, the Asmara extension had faculties of humanistic studies, languages, teaching, law and political science, and science (mathematics, engineering, and architecture). Enrollment for the school year 1964-65 was about 550. HSIU in Addis Ababa has Faculties of Law, Business, Arts, Science, Education, Agricultural and Mechanical Arts, En gineering, Building, Public Health, Medicine and Theology. Enrollment for the school year 1964-65 was 1,620, plus 2,333 in evening courses. Another estimated 1,000 were studying at the college or post-graduate level abroad, principally in the United States and Great Britain. Specialized education is offered in a number of fields, at both the secondary and university levels. These in stitutions that offer training on the university level are colleges of HSIU, and include, in addition to the faculties already listed, the Public Health College at Gondar, which has a three-year program for public health officers, nurses, and laboratory technicians ; the Haile Selassie Commercial, Agricultural, and Technical Sections in Addis Ababa, the Agricultural Technical School at Jimma, the Vocational Training School in Asmara, the Agricultural and Mechanical College at

LEGAL SYSTEM OF ETHIOPIA

Alemaya, two military training schools, and four teacher training schools. HSIU, created by the Emperor in 1957, is the only university in the Empire. The general quality of education in Ethiopia is low ered by an acute shortage of well-trained teachers, which cannot be wholly compensated for by foreign teachers (mostly Indian), particularly at the lower levels, because they do not know the local languages. Conversely, many students are handicapped in the higher grades, where instruction is in English, be cause they studied it under teachers who knew the ·local language but had an inadequate grasp of English. The Ethiopians who are graduates of the teacher training schools run by the Ministry of Education are very well qualified as both primary and secondary school teachers, but they satisfy only a small propor tion of the demand. A third large group of teachers at the secondary level is from the Peace Corps. Their ap proach is modern and enthusiastic, but many lack for mal teacher training. Effective education is also hampered by a lack of teaching materials, and by traditional attitudes which value the forms of education above its substance, memorization above understanding, and factual knowl edge above reasoning ability. That such methods fail to provide the students with the necessary techniques for acquiring secondary and higher learning is re flected in the high dropout rates among secondary and college students. Although the situation has improved in the last five years, higher educational facilities are still under-utilized for lack of qualified graduates from lower levels.

THE EMPEROR AND

HIS PEOPLE

Lower level schools in urban Amhara areas produce better qualified graduates than do those in other parts of the Empire where designation of Amharic as the countrywide official language and the one to be used in schools has meant that a new language must be learned before education can begin. Their inaccessibil ity also works against country schools. Not only do the more accomplished teachers choose to teach in Addis Ababa, but also difficulties of transportation and com munications generally mean that country schools lack up-to-date texts and equipment. Notable exceptions to the general quality of education in Ethiopia are the university and most of the specialized training schools. This is accounted for by several factors. The teaching staffs of these institutions include many of the best Ethiopian instructors, as well as numerous well-qual ified foreign specialists. Also, only the most promising of the senior secondary school graduates (in the case of the Universities) or of the junior secondary school graduates (in the case of the specialized training schools) are admitted to these higher institutions. Efforts to improve both the quality and availability of education and training come primarily from the government. An Amharic literacy campaign was launched under the personal sponsorship of the Em peror in July, 1962. For the school year 1963-64, 97,410 students were receiving instruction in this and other literacy programs. Other improvements are ef fected through the expansion of the government school system, where the goal, according to the Second Five Year Plan, is a total of 13,000 schools and slightly over 373,000 students by 1967.

LEGAL SYSTEM OF ETHIOPIA (6) HOUSING, HEALTH, AND SANITATION.

Housing for the majority of Ethiopians consists of circular or square huts called tukuls, made of wooden poles and covered with a mixture of clay and straw. In the countryside, roofing is overhanging thatch or sometimes corrugated metal; floors are generally dirt. Huts usually have neither windows nor chimneys; smoke escapes through a hole in the roof. Tukul,s are often used to house animals and store goods as well as for living and cooking; in these cases, interior par足 titions divide the areas of the different activities from one another. Nomads and seminomads live in shelters of similar shape and size, made of a frame of branches covered with grass mats, easily collapsible and port足 able. Their fires are generally built out of doors, and the livestock of the tribe is corralled away from the huts. In villages, tukuls consist usually of one-room dwell足 ings of plaster over wood often with corrugated tin roofs. Cooking is usually done outside, in back of the house, however, and animals are quartered separately. The more affluent homes may have an upper story, a veranda, and a latrine. Generally, however, there are no facilities for water, light, or sanitation either in the countryside or in villages. In larger towns and cities, where modern dwellings and occasionally apartment houses are being built, more modern facilities are available. A census taken in Addis Ababa in September 1961 revealed that 85 per足 cent of homes in that city were weatherproof (defined as "households with concrete or metal roofs") ; 44.4 percent had toilet facilities, of which 4.4 percent were flush toilets; and 58.2 had electricity. The census also showed that in Addis Ababa in the majority of house-

THE EMPEROR AND HIS PEOPLE

holds there were between one and three persons per room; in slightly over 20 percent of all households there were four persons or more per room, and in 4.3 percent, less than one person per room. In rural areas there is no sanitary sewage disposal system. In Addis Ababa and Asmara and occasionally in other large cities there are septic tanks; more often, however, sewage disposal is into cesspools or any con venient place. The water supply in Ethiopia is adequate in the plateau regions, but not in the Ogaden Desert, the Danakil Depression, and the Red Sea coastal area. The rural population obtains water from wells and from natural rivers and springs which are completely un protected. Urban water supplies come from a variety of sources, namely rivers, springs, and artesian wells in Addis Ababa; artificial lakes and wells in Asmara; springs in Diredawa. Although the water is often chlorinated or otherwise purified before distribution, most persons are served by centrally located hydrants and carry the water home in open containers, wherein it is often contaminated before use. Lack of healthful sanitation facilities, crowded liv ing conditions, eating habits, and reliance on primitive practices to control and cure sickness all contribute to a very high incidence of disease in Ethiopia and to a life expectancy of about 35 years. The most wide spread diseases are malaria, syphilis, tuberculosis, and those caused by intestinal parasites. They contribute to the low productivity of the country b!'.)th by their de bilitating effect on the population and, in the case of malaria, because people are forced to abandon malarial plains for less fertile but more healthful areas. Other

LEGAL SYSTEM OF ETHIOPIA

common diseases are leprosy, typhus, pneumonia, trachoma, and conjunctivitis. The average daily caloric intake is low, considering the physical exertion usually required of the popula tion and the high altitude at which most of the popula tion lives. The diet is low in vitamins also, which re sults in growth retardation and sometimes rickets and goiters. Deficiency diseases, however, are not very pre valent. A certain amount of malnutrition among the Ethiopian Orthodox and Muslim populations results from rigorous and frequent fasting. This, together with an imbalanced diet, accounts for the low average weight (about 117 pounds) of adult Ethiopian males. Most Ethiopians, especially those in rural areas but also some urban dwellers, view modern medical prac tices with distrust and suspicion, and prefer to rely on native practitioners even when modern medical treat ment is available to them. Ethiopian Orthodox Chris tians often resort to the use of holy water and amulets and the exorcising abilities of semilay churchmen. The services of the wogesha, a combination surgeon and herb doctor, are widely used, and he is legally per mitted to practice. All other native medical practition ers were forbidden to practice late in the 1940's, but apparently they continue to treat many people, using astrology, magic, herb brews, and surgery. Injections are the only phase of modern medicine to make a real impression on the general population, especially peni cillin for its remarkable results in the treatment of syphilis. Penicillin is now available cheaply and with out prescription at local markets, whence it is taken to a nearby town and administered by the local first aid representative. As of 1963, in all Ethiopia there were 128 hospitals

THE EMPEROR AND

Hrs PEOPLE

(mostly government-operated) with a total of 8,050 hospital beds, or approximately one bed per 2,600 pop ulation, compared with one per 110 population in the United States. In addition, there were in that year 49 health centers and 463 clinics in different parts of the country which offered out-patient treatment. In 1964, there were 331 physicians. and surgeons, of whom 35 were Ethiopians; this averaged about one doctor per 65,000 population, compared with one doctor per 780 in the United States. There were in 1959 (the latest date for which reliable data are available) 19 dentists and 38 pharmacists. The figures on subprofessional medical personnel for the same year are : Nurses ........................................................................ 300 First aid assistants (elementary) ................ ........ 650 First aid assistants (advanced) ............................ 426 First aid assistants (specialized) ............................ 32 Assistants in eye clinics ............................. :............ 10 Health officers .......................... .................................. 33 Community nurses .................... . ............................... 28 Sanitation officers .. . ................................................... 31 Sanitary inspectors .................................................. 65 About half of the high level medical personnel are in Eritrea, and almost all are in the large population centers. Many of the subprofessional medical workers, however, staff the 500 health centers and clinics scattered around the country. The improvement of health and sanitation condi tions in Ethiopia is the responsibility of the Ministry of Public Health in Addis Ababa, its 12 provincial health officers, the Inspector-General of Health in As mara, and the 6 local health officers under his super vision in Eritrea. There are also municipal health de partments in Addis Ababa, Asmara, and Massawa. Un-

LEGAL SYSTEM OF ETHIOPIA

til recently the chief emphasis in the field of health and sanitation has been on cure. Lately, however, the government, with the help of the United States Agency for International Development (:AID), the World Health Organization (WHO), and the U.N. Interna tional Children's Emergency Fund (UNICEF), has begun to conduct malaria eradication, vaccination, and environmental sanitation programs. In cooperation with one or more of these agencies, the Ethiopian gov ernment has launched well-drilling programs to im prove the water supply, and established a venereal dis ease control clinic and demonstration center, a leprosy control organization, a tuberculosis control demonstra tion center, and a communicable eye disease control center. In a project for improving sanitation initiated by the Ministry of National Community Development in the early 1960's, 17 springs had been cleaned, 58 wells sunk, and 1,276 pit-latrines and 147 garbage pits constructed by community centers in the pilot areas by 1964. The work of these centers, however, is only the foundation of a program which would adequately meet the country's needs. The chief training centers for medical personnel in Ethiopia are the new Faculty of Medicine at the uni versity, at present with fewer than a dozen students, and the Gondar Public Health College, established with the help of AID, WHO and UNICEF, and operated by the Ethiopian Ministry of Public Health. Graduates of the Gondar College are required to serve a year of in ternship at a training health center, of which there were three in 1961, before assignment to a service health center, of which seven were operative that year. By 1962, graduates totaled 230, and in the academic year 1963-64, 65 students were enrolled at Gondar.

THE EMPEROR AND Hrs PEOPLE

There were three nurses' training schools in 1961; training for laboratory technicians and first aid assisÂ tants is offered at one hospital in Addis Ababa; and a certificate as a second-class pharmacist is offered by the Ministry of Public Health. In 1961, there were 20 Ethiopians receiving advanced medical training outÂ side the country.

E-2

CHAPTER 2.

THE LEGAL SYSTEM OF A DEVELOPING NATION.� A. GENERAL INTRODUCTION. B. THE ETHIOPIAN EXPERIENCE, C. WHAT KIND OF LAW WILL FORM THE BASIS OF THE SYSTEM? (1) What Will'Be the Main Body of Law? (2) The Place of C1,1stomary Law. (3) Application to Different Religious Groups. (4) General Application.

A. General Introduction. Today we are very conscious of the developing na tion. Many countries of the world are trying to trans form and modernize their societies and economies by a process of planned development. Ordinarily we think of such development in the material sense; a na tion is trying to raise the living standards of its peo ple, eduCq.te its children, and eliminate poverty, il literacy, and disease. The process is a continuing one, involving the employment of all resources at hand. As part of this development, the legal system must also be radically altered to reflect the changes that are tak ing place in the society. Simply stated, a modern legal system must be established to meet the needs of the modern society to which the process of social and economic development is directed. When we say that a nation's legal system is not de veloped, we mean that it is not the kind that can be employed effectively in a modern SO<tiety. As the term • The material in this chapter has been taken from Sedler, The Development of Legal Systems: The Ethiopian E:t:perience, 63 IOWA L. REV. 662 (1967).

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"developed legal system" is used in this context, it is clear that a number of "developing nations" have "de veloped legal systems." Essentially the nations of sub Saharan Africa are referred to when talking about na tions who do not have "developed legal systems." Many nations of Latin America, the Middle East, and Asia can be said to be "developing" in the economic sense, but they have legal systems as developed as those of economically developed countries. India or Brazil would furnish a good example. In these countries too, how ever, changes will have to be made in the legal system _to take account of the social and economic change tak ing place in the society. A discussion of this kind of legal development is necessarily beyond the scope of this chapter. Perhaps the best way to describe an underdeveloped or developing (this is the term presently used) legal system is to compare it with one that would be con sidered developed. A developed legal system, as the term is used here, is one that has a well-defined body of law and established institutions administering that law. The "law" of an American state, for example, consists of its constitution, legislation, and for most states, the common law. The common law forms a con crete body of law, which is to be the basis for deci sion in most cases coming before the courts. The re lationship between the various sources of law is clear; the court is to apply the provisions of a statute instead of the common law where they are inconsistent. In a civil law jurisdiction, such as France, the primary source of law is the codes, and case law occupies a de cidedly secondary position. In neither country is there any real question as to whether the law shall consist primarily of legislation and case law or of compre-

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hensive codes. There is but one system of law appli cable to all persons subject to the state's jurisdiction. While the system is still evolving to some extent and changes will be made, they are essentially peripheral and within the framework of an established system. The institutions by which the law is administered are equally defined. The boundaries of power between the courts and the legislature and between higher and subordinate courts have, on the whole, been marked out. In the United States, it is recognized that sub ordinate courts are bound by decisions on questions of law rendered by higher courts and by their own deci sions unless they choose to overrule them, while in France the doctrines of binding precedent and stare decisis are not in effect. A basic structure of tribunals has been established, which are staffed by persons who must possess certain qualifications and who are se lected by prescribed methods. Thus, in the United States and England judges are selected from the ranks of the bar, while in France and many other continental countries, where there is a career judiciary, a person must have special training to become a judge. The place of the lawyer in the administration of justice and the organization of the legal profession have also been determined. In the United States, for example, there is only one type of lawyer while in England there is a divided profession, i.e., lawyers are either barristers or solicitors. Again, changes will be peripheral. In a developing legal system this simply is not so. A planned development of the legal system must take place precisely because there is not a well-defined body of law and established legal institutions, or at least not such as are adequate and suitable for the modern so ciety that is being created. Existing law is frequently

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uncertain and not uniformly applied; nor is it capable of providing the solution for the new kinds of legal problems that will be faced. The institutions adminis tering the law have not taken on a definite form. In deed, the place of law and legal institutions in the so ciety itself may not be clear or understood. At the time that the development of the legal system is under taken, the fundamental questions of what the Zaw will be and what institutions will administer it remain to be determined. It is the fact that such questions are un answered that marks the difference between a devel oped and a developing legal system. Moreover, the development of the legal system will not be an evolutionary one, responding to societal needs as they appear at a given time. It will be a planned and structured development, an obviously dif ferent kind of development than that which has taken place in legal systems that P,resently would be consid ered developed. The Anglo-American system, as we know it in the content of its law and the nature of its legal institutions, has been the product of gradual and evolutionary growth. Dean Pound has traced this growth from the stage of primitive law to strict law, to equity, and finally to the stage of maturity. Its de velopment has paralleled the development of the nation as a whole. As new societal institutions are created, new needs appear, and the law develops in response to those needs. Since the essence of the feudal system in England was the ownership and possession of land, a law of property came into being before other branches of private law, and that law was shaped by the re quirements of the feudal system. With the termination of feudalism, a new way of defining relationships was necessary, hence the "change from contract to status"

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and the development of a law of contracts. It is now recognized that, on the whole, the law of negligence was developed with a view toward meeting the prob lems of industrial activity and mechanization and was a method of restricting the liability of new enter prises. As those enterprises became more secure and risks were somewhat reduced, different pressures were put on the legal system, and in response to them a law relating to industrial accidents emerged, of which Workmens' Compensation, for example, is a part. Values had changed, and there was greater concern for the victim of industrialization and emphasis on the ap portionment of loss resulting from industrial activity. The same kind of development took place with respect to legal institutions and procedure. Since the devel opment was a gradual and evolutionary one, it may be carefully studied and analyzed. A body of past experi ence can guide those responsible for the administra tion of the law. A basic framework has been estab lished, and changes will take place within that frame work. Today, this kind of evolutionary development can not take place. The development must be deliberately planned and structured, and it is revolutionary in the sense that a substantially new legal system will be sub stituted for the old. This is so because the development of the society itself is planned and structured. The leaders of the nations now coming onto the world scene are. trying to create a completely new society; the de velopment extends not only to a country's economic system, but inevitably affects existing social patterns and the peoples' way of life. There is dissatisfaction with conditions as they now exist, and governments

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are trying to bring about change through a compre hensive system of planning. This being so, there simply is no time for the law to evolve gradually in response to pressures of public opinion. The legal system that exists was necessarily designed to meet the needs of the existing society, and it is clear that it will be inadequate to meet the needs of the new society that is sought to be created. Since the effort is to transform the society rapidly, the legal system must be transformed at the same pace. New law and new legal institutions must be established in a relatively short period of time, and they will be so es tablished according to a definite plan. It is this kind of development with which we will be concerned. The development must also be considered in tem poral perspective. The impetus for the development of the legal system is a revolutionary change in the na ture of the existing society. A new legal system must be established to reflect the changed needs and values of the new society. The clearest example is the achiev ing of independence by a former colony. In such coun tries, modern concepts of law and modern legal in stitutions may exist to some extent, because they were imposed by the colonial power. But they were estab lished in a colonial context, and upon independence that nation must create the kind of legal system suit able for an independent nation in the process of mod ernization. An actual revolution, resulting in the over throw of the existing government, may also betoken the need for a new legal system. Turkey, for example, had to develop a new legal system following the over throw of the Ottoman Empire. It did not matter that a fully-developed legal system existed, since that system reflected the needs, values, and institutions of Ottoman

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society. When a conscious effort was made to abolish such values and institutions, the existing legal system was thereby rendered inadequate. The same was true in Japan following the Meiji Restoration of 1868. Ta kayanagi has observed that the "history of Japanese law since the Restoration of 1868 is almost synony mous with an account of the reception of occidental law and legal science." The existing body of law had developed in response to the needs of the feudal society and would not be suitable for the westernized society that was the Emperor's objective. Another aspect of temporal development refers to the time at which the development may be said to have taken place. Development will be described here in terms of the actions taken to develop the system, namely the creation of the new law and the new legal institutions. Once the law and institutions have been established, the crucial problem of implementation re mains. This aspect of the process of development will continue for many, many years. The concern of this chapter is with the creation of the structure of the system-the law and the institutions by which it will be administered. B. The Ethiopian Experience.

Consideration can now be turned to when the pro cess of development began in Ethiopia. While efforts at modernization of the country (which obviously in cluded efforts at modernization of the legal system) were begun early in the reign of the present Emperor, Haile Selassie I, the development was a very gradual one and was interrupted by the Italian occupation. Realistically, the modern history of Ethiopia can be said to date only from the time of Liberation in 1941.

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It was during this time that the decision was made to modernize the country as rapidly as possible and with it, its legal system. Let us look at the Ethiopian legal system as it then existed. There have always been legal institutions of some sort in Ethiopia, and the importance of "justice" to the Ethiopian people has long been recognized. There is little documentation on how those institutions operated in the past, but from such documentation as there is and from the "impressions" that contempo rary Ethiopians have of this process, certain observa .tions can be made. It appears that while what we would call "rules of law" existed, such rules did not necessarily have binding force. Among the Christian population there was the Fetha Negast, 1 a written com1. One of the most historical sources of the law in all the legal literature of Ethiopia, if not the entire world, is the Fetha Negast. It is a sophisticated compilation of legal prescriptions concerning both religious and secular matters written in the 13th century in Egypt and promulgated by Patriarch Cyril III as a guide for Christian population living within a Moslem society. This Code is also known as the "Laws of the Kings" or the "Imperial Code." Some time in the early part of the 17th century the Fetha Negast was introduced into Ethiopia. By Ethiopian tradition it is reputed to have been written by the "Three Hundred Sages," that is, the Selestu Meeti, or 318 Fathers of the Church. Originally written in Arabic, and in corporating law from the Old and New Testaments together with Roman, Canon and some Muslim precepts and the pro ceedings of the early councils of Nicea and Antioch, it was first translated in Ethiopia into Ge-ez, the ancient Ethiopic liturgical language, and applied throughout Christian areas of the coun try by the Coptic Church. The Fetha Negast is still available only in Ge-ez except for a single translation into Italian published in Naples in 1899 by the scholar, Ignazio Guidi. An English translation by Abba Paulos Txadua, Dr. Pol. Sc., Dr. Jur., is presently being pre-

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pilation of religiously-oriented rules of conduct. In all parts of the country, there were also customary rules which, however, varied considerably from place to place. Each king or other ruler of territory adminis tered justice in the area under his control. It can be said that the foremost consideration was to obtain co hesion in communities menaced by hostile neighbors and natural catastrophes. It was necessary that har monious relationships exist between the inhabitants of those territories, and the disputes were adjudicated with a view toward achieving such harmony. There fore, it is believed that the person adjudicating a dis pute was not bound to decide the case in accordance with the Fetha Negast or the customary rules if the effect of the decision would have been to disrupt the harmony of the community. It was the ruler who was to render a "wise and just" decision, and it was to him rather than to the law as such that the people looked for protection of their rights. It may be supposed that pared under the auspices of the Faculty of Law, Haile Sellassie I University. The Fetha Negast is composed of two parts, the first dealing with religious matters, the second with civil .affairs. The basically religious nature of the work permeates even the civil sections as may be seen by the following chapter headings: XLVl-"The Punishment Reserved for One Who Denies the Highest God, Blasphemes Him and Worships Others. . . ." and XLVII-"Homicide and Its Corporal and Spiritual Punish ment." The Fetha Negast together with customary law, particu larly in non-Christian areas of the Empire, remained the ap plicable penal law of Ethiopia until November 2, 1930, the day of the coronation of Haile Selassie I, when the first, modern and codified law of the Empire, the Penal Code of 1930, was promulgated. It is still used as the Canon Law of the Ethiopian Orthodox Church which retains a limited jurisdiction in certain matters of marriage, divorce and property rights.

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some rules of law, such as those relating to land owner ship, were more binding and could be disregarded only in exceptional cases. But they could be disregarded, and it was the decision of the ruler which was signif icant and which had legal force. The final authority was the Emperor, who exercised the power to review the decisions of local rulers. He was recognized as the ultimate source of justice, and He was not considered to be bound by strict rules of law in rendering His de cision. The absence of binding effect to rules of law is a common feature in many societies in the early stages of legal development. In the sense that the people look to the ruler rather than to the law, the ruler may be said to be "above the law." But a ruler who was arbi trary or unfair in the administration of justice would not long enjoy the confidence of the people under his jurisdiction. The peoples' sense of injustice imposes limitations on his action more so than rules of law. In that stage of development, law cannot be separated from the men administering it. The concept of law as a binding force in Ethiopia can best be viewed in the context of the power rela tionships of the Emperor and local rulers. As the power of the Emperor increased, local rulers were forced to apply the laws promulgated by Him. These laws were binding not for their own sake, but because they represented the will of the Emperor, which He could impose on the local rulers. During the reign of Menelik II, from 1889 to 1913, the power of the cen tral government was consolidated, and the political power of the local rulers was reduced. A number of Imperial Decrees were promulgated, and the deci sions of the local rulers could be directly appealed to

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Imperial Judges, who decided cases under the Fetha Negast or customary law. In light of these decrees and the powers of the Imperial Judges, the concept of the rule of law began to emerge. In the reign of the present Emperor, the power of the central government was more fully consolidated, and with such consolidation, the binding effect of legal rules increased. Government courts were estab lished, and new laws were enacted. Early in H;is reign, Haile Selassie I promulgated laws regulating commer cial transactions in an effort to provide some security in such transactions and to develop a more modern economy. More and more activity was brought under the orbit of the written law, and the judges were bound by that law. A major enactment at this time was the Penal Code of 1930, which was considered essential in order to create the conditions n·ecessary for the modernization of society. Under the prior practice the governor of the area sentenced the accused; the judges merely decided whether the conduct was wrongful. The Code fixed the punishment for each crime and de fined the offenses. Only specific crimes and analogous offenses could be punished ; there was no danger that an act could be punished because a judge or governor thought it wrongful. With the enactment of the 1930 Code binding law was in effect in penal cases. This was not as true in civil cases. There was no civil code, and most of the written law governing civil matters was concerned with commercial activity, which was not extensive. There was no law regulating land ownership, a frequent source of disputes. The Fetha Negast by this time was outdated and rarely applied. Indeed, until the adoption of the Civil Code in

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1960, civil adjudication was based primarily on "equ ity" and whatever customs prevailed in the area. However, it was now accepted that judges were to decide the case on the basis of "law," such as it was. This concept was reflected in the 1931 Constitution, which provided that judges were to give judgment "in accordance with the law," and the concept of justice individually administered began to disappear. Thus, a modern legal system had its genesis. Though much further development was necessary, a substantial start had been made. As has been pointed out, this development was a gradual one, paralleling the gradual attempts at mod ernization of the country. All development stopped with the Italian occupation in 1935. Following the Lib eration in 1941 and the decision to modernize the country as rapidly as possible, efforts were begun to develop the new legal system. This would obviously take some time and interim measures became neces sary. The first step was to set up a system of courts, which was done in 1942. At the same time an official gazette was established, and in the succeeding years a number of regulatory measures and a Revised Consti tution were promulgated. All the while, work was pro gressing on the new law and legal institutions neces sary for the modern legal system. A Codification Com mission was organized, and foreign experts were re tained to draft comprehensive codes. The first code to be enacted was the Penal Code in 1957. In rapid suc cession, a Civil Code, Commercial Code, Maritime Code, and Code of Criminal Procedure followed. The last code to be enacted was the Civil Procedure Code .in 1965. There are still some areas that are uncodified, such as evidence and private international law, and

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codification of those areas will take place in the future. During the same time changes were taking place with regard to the courts, the judiciary, and the legal pro fession. In the sense that the term is used here, the legal system may be said to be substantially "devel oped" at the present time. Of course, serious problems of implementation remain. But a basic framework has been established, and future development will take place within that framework. With this background, we may now proceed to con sider the process of development. Earlier it was pointed out that there are two aspects to this process: the matter of what kind of law will form the basis of the system and the matter of what institutions will be established to administer the law. The question of in stitutions also includes the question of the procedure by which the law will be administered. The discussion will focus on each aspect separately. It should be noted that the discussion will not include the question of constitutional development, that is, the question of di vision of powers among the various agencies of gov ernment. While constitutional development may affect the content of the law and legal institutions, it takes place independently and should be approached in that context. A discussion of constitutional development is obviously beyond the scope of this writing.2 The con cern will be with the law which governs the relation ships between people and that which directly governs the relationships between people and the state, in other words, with the civil law and the penal law. 2. For the definitive treatment of this area, see PAUL & CLAP HAM, ETHIOPIAN CoNSTITUTJONAL LAW AND DEVELOPMENT (1967).

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C. What Kind of Law Will Form the Basis of the System?

There are four components of this question: (1) what will be the main body of law, and how will this body of law be created; (2) what should be the place of the existing or customary law; (3) shall the law be uniform or shall there be different law for the dif足 ferent ethnic and religious groups, and if so, to what extent; and (4) how shall the new law be applied? Each component will be considered separately. (1) WHAT WILL BE THE MAIN BODY OF LAW?

This is the most important consideration. There is no time for a body of law to evolve. The existing body of law is not adequate for the society that is being de足 veloped; thus, a new body of law must be created. Where shall this law be found, and what form will it take? The absence of an existing body of modern law makes the use of some foreign law imperative. The real question is the extent to which foreign law will be employed and the method by which this will be done. We may first consider how some other nations have dealt with this problem so as to compare their solu足 tions with the solution that Ethiopia adopted. Where a nation was under the control of a colonial power, a body of modern law had been incorporated into the legal system. After independence, when these nations had to decide what the main body of law would be, they generally retained that law as its basis. Just as the United States retained the common law that was "received" from England, the African countries that were former British colonies and had thereby "re足 ceived" the common law, did likewise. The nature and ,extent of the reception in Africa is a subject of much

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debate and has given rise to a number of problems, a discussion of which is necessarily beyond the scope of this chapter. The "received" law included the "com mon law, principles of equity, and statutes of general application." However, the received law was only ap plicable insofar as local circumstances permitted, which resulted in a certain degree of adaptation. There was also the interaction between the received English law and the indigenous or customary law, which, as will be seen, was retained for a number of purposes. Penal and procedural codes were promulgated for each of the colonies, and other legislation was enacted by the colonial legislatures. After independence, this law continued in effect. Thus, in Ghana, for example, the main body of law consists of the following: (1) the common law, equity, and statutes of general application in force in England on July 24, 1874; (2) imperial statutes specifically ap plied to the Gold Coast or adopted by the Gold Coast legislature after July 24, 1874 and Orders in Council applying to that territory; (3) colonial legislation en acted by the Gold Coast legislature; and (4) legisla tion by the Parliament of Ghana. English law, how ever, is applicable only so far as local circumstances permit, and it is applied subject to such modifications as are necessary to render it suitable to local circum stances. In the Sudan, it is provided that the laws in force before the Constitution remain valid unless re placed by Parliament or other competent authority. This is generally the approach that has been taken in the other African states that were formerly British colonies. In the French colonies, French codes were imposed and provided a droit commun throughout French West

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Africa and French Equatorial Africa. Again, after in dependence these codes served as the main body of law. While countries such as Senegal and the Ivory Coast have enacted or are in process of enacting new codes, these codes will follow the civilian approach, and in the former French colonies the main body of law will con sist of comprehensive codes as before. The pattern, then, has been for a new state to retain the main body of law that existed before independence. This appears to be a universal phenomenon. In North America, states like Louisiana and Quebec, which were under French rule, still employ codes as the primary basis of their law. Former British colonies throughout the world, such as the rest of Canada, Australia, India, and Pakistan, have retained the common law. This is understandable and generally desirable. The persons who are directing the development have been educated either in the common law or civil law and are familiar with one system or the other. Legal concepts and ideas based on the existing system have emerged. The exist ing body of law can form the starting point for fur ther development. The real question in these countries is the extent to which the existing body of law shall be modified and adapted to suit the needs of the country after independence. In a country such as Ethiopia, which has always been independent, a substantial body of modern law did not exist. It is natural that such a country would look to the two basic approaches to law, codification and the common law. Both systems have been highly developed by the more advanced nations, and one ap proach or the other can be adopted. Thus, a country could voluntarily adopt the common law, and it would be "received" there in the same manner as it was re-

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ceived in the British colonies. Liberia, which always had close ties with the United States, has done this. Such a reception began after the new nation was es tablished and has continued to the present. In cases not covered by legislation, the applicable law is, "(a) the rules adopted for chancery proceedings in England and, (b) the common law and usages of the courts of England and the United States of America, as set forth in case law and in Blackstone's and Kent's Commen taries and in other authoritative treatises and digests." The court can consider any of these sources in arriv ing at its decision. Once the decision has been reached, it is binding under the principle of stare decisis. In this way a body of Liberian common law will grad ually emerge. When Turkey decided to modernize its legal system it chose to adopt, with very few changes, the Swiss Civil Code and Swiss Code of Obligations. There was a true "reception" of the Swiss law, and indeed, it has been contended that this included the reception of Swiss case law and doctrine as well. In Japan of the late nineteenth century, comprehen sive codes. along continental lines were also adopted. The process took considerably longer than in Turkey, and there apparently was a very careful effort at adaptation. However, the Penal Code was based on French law, and the Civil and Commercial Codes were primarily German in inspiration, though there also was some French and British influence. In Ethiopia, an entirely different type of develop ment took place. No foreign body of law existed, nor were there ties to a particular foreign country so strong that the adoption of that country's law seemed natural. Those responsible for the development of the

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legal system were determined that a body of law, dis tinctively Ethiopian in character, would be fashioned. There was to be no "reception" of foreign law as such. Instead, modern codes based on a variety of compara tive sources were to be created. And as will be seen, although the substantive codes followed continental models, Ethiopia adopted the common-law approach to procedure. In examining the process, we are fortunate to have available some commentaries by the drafters of the Civil and Penal Codes, detailing the factors that influenced the drafting of those codes. It may be asked why it was decided to adopt com prehensive codes on the continental model instead of adopting the common law in the same manner as did a country like Liberia, which also had been indepen dent. In the first place, there were not strong ties to a common-law country, as in Liberia. Although it is true that after Liberation there were very close relations with England and later the United States, Professor David, the drafter of the Civil Code, suggests that this may have had the reverse effect-Ethiopia wanted a continental-based code to counteract excessive Anglo American influence. In one sense this may be correct, but it was not a major factor. If it had been consid ered sound to adopt the common law, this concern would not have prevented Ethiopia from doing so. It had been able to absorb foreign ideas and assistance from a variety of sources without being dominated by any of them, and it was not in danger of being dom inated by the Anglo-American influence. But the adop tion of the common law would not have been sound. The most dominant motive for the modernization of the legal system was the desire to assure as quickly as possible a minimal security in legal relations. As

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His Imperial Majesty's Preface to the Civil Code states: "It is essential that the law be clear and in telligible to each and every citizen of Our Empire so that he may without difficulty ascertain what are his rights and duties in the ordinary course of life, and this has been accomplished in the Civil Code." Incor porating a body of case law would not give that cer tainty. At least for the general expectancy of situa tions, a code will provide more certainty than the com, mon law, particularly when the common law had never been applied before. It would be much easier for the judges to apply a code containing specific rules than principles developed from cases--cases which would not be in the official language of the country, which is Amharic, but in English, which very few judges can read. Moreover, in a code it would be easier to make the necessary adaptations to Ethiopian conditions; rules needed in Ethiopia could be specifically incorpo rated into the provisions of the code. The adoption of the common law could not be seriously considered, and a code of some sort had to be constructed. Why was it decided to adopt a code on the con tinental model? Professor David's position in this mat ter is sound; there was really no alternative. As he pointed out, continental codes "constitute an expose of law sufficient in itself, which is the point of depar ture for a new development of juridical rules," while a common-law type code "systematically sets out exist ing principles." He goes on to say that, "in the absence of an existing body of law, the continental conception of a code clearly triumphs." There was no doubt that a new body of law containing detailed rules had to be es tablished. The rules had to be sufficiently clear so that whenever possible, the judge could decide the case

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solely by referring to the text of the law. The "law making" power of the judge was to be limited, and despite the opportunity of a judge to "make law" un der a code, it was believed that a code would limit the judge's discretion and reduce the danger of arbitrari .ness. Moreover, the assumption of a common-law type code is that it can be employed in conjunction with the existing body of case law. Since the common law was not in force and there was no recorded case law, such an assumption could not hold. Consequently, the codes had to follow the continental model. Once this was decided, the next, and crucial, ques tion was what should be the sources of the substantive provisions of the codes. In the private law area, it was not believed feasible to build on existing law to any degree. It was agreed that the customary law, such as it was, was unsatisfactory, which point will be dis cussed subsequently in greater detail. There was little written law, and in some fields no law at all. Therefore, it was necessary to look to foreign law, but, and this is the most significant feature of the adoption of the main body of law in Ethiopia, Ethiopia did not look to the law of any single legal system. If there had to be a borrowing, it was to be an eclectic one, drawing the best from the various legal systems. Not only is this approach sound from the standpoint of alternatives for choice, but it was consistent with the Ethiopian tradition of independence not to "receive" the law of any foreign legal system. Professor David describes the process of the drafting of the Civil Code as one of synthesis; the Code was to be an original work based on comparative law, containing provisions which had been adopted from the laws of a number of states. The drafter consulted the civil codes of France,

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Switzerland, Greece, Italy, and Egypt to determine what matters should be covered by the Code. The formula that was chosen considered both the special needs of Ethiopia and modern tendencies, and the drafter points out that it is doubtful if a single article is identified in terminology with an article contained in any particular foreign code. In addition to the codes mentioned, other legal sources were consulted. The draft uniform laws on sale of goods, arbitration, and liability of hotel owners served as the basis for some provisions of the Civil Code, and the Geneva Conven tions of 1930-31 concerning negotiable instruments were used as a model for some of those provisions in the Commercial Code. Some common-law doctrines such as reasonable time in relation to damages for breach of contract and specific torts were also incor porated. Finally, some articles are original in the sense tliat they are not based either on existing Ethio pian law (as will be seen, some provisions had this source) or corresponding provisions of foreign law. In this category, the drafter lists the provisions relat ing to water rights and registers of civil status. The same eclectic borrowing took place in the draft ing of the Penal Code. Here, the drafter was aided by the existence of the 1930 Code, and the Ethiopian tradition as reflected in that Code was the point of de parture. As was pointed out earlier, penal law was the most important, and consequently, the most developed area of the law there. Since the drafter, Professor Jean Graven, was an authority on Swiss penal law, many borrowings were made from the Swiss Penal Code, but a number of other codes were also consulted. The final product incorporated the provisions of the 1930 Code that seemed desirable to retain and a number of pro-

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visions from foreign codes. Again, no foreign law was "received." Moreover, there was a most careful effort at adapta tfrm. The codes as will be seen, were not intended to be a codification of existing customary law, but new and original works. Although the incorporation of custo mary law was fairly rare, there were numerous in stances of provisions reflecting particular Ethiopian problems and needs. Adaptation is perhaps the most important part of the process of deciding what the law will be. Careful adaptation insures that the new law will have a truly national character and may minimize some of the problems of application. The procedure by which the codes were adopted was designed to bring about such adaptation. There were three steps in this procedure: (1) the preparation of a projet by the drafter; (2) consideration of the profet by the Codifi cation Commission; and (3) consideration ·of the final draft by Parliament. The Codification Commission consisted of approximately twenty-five distinguished Ethiopians, representing law, government, and busi ness. Most of the work was done by a smaller body consisting of the leading jurists and officials from the Ministry of Justice. The majority of changes, at least in the Civil Code projet, were made by this body. The codes were then debated in Parliament, and some addi tional changes were made. The drafters discussed the modifications that were made and the special factors that influenced the con tent of the various provisions. A consideration of the examples they gave will demonstrate the careful ef fort at adaptation that was made. With respect to the Penal Code, Professor Graven points out that it was necessary to "reconcile tradition and progress." The

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question was whether the foundation of the Code was to be the penal punishment of offenders or the rehabili tation of those who have engaged in antisocial conduct. Should the provisions be designed to deter antisocial conduct by imposing the threat of punishment, or to treat and correct such conduct after it has occurred 'l Professor Graven further emphasized that since the concepts of fault, deterrence, and expiatory punish ment were deeply ingrained in the Ethiopian mind and tradition, they could not be abandoned. The Code had to be drafted with reference to those concepts. The need for the preservation of public order-the essen tial condition for the development of the society-out weighed considerations of rehabilitation. Thus, the foundation of the Penal Code is the penal punishment of offenders as to whom deterrence has not proved ef fective rather than rehabilitation, though provisions for rehabilitation exist. In the opinion of Parliament, this attempt at re conciliation necessitated the inclusion of the penalty of corporal punishment, which had been very tradi tional in Ethiopia. More important than the pain in flicted was the disgrace and loss of status associated with that punishment. A person "flogged" was truly branded, and the punishment would only be imposed on lowly persons. The drafter and the Codification Commission recommended its abolition, but after a lengthy debate, a provision authorizing such punish ment in cases of robbery or theft was inserted by Parliament. Corporal punishment was considered a necessary deterrent to prevent crimes against prop erty, which are very common particularly in urban areas. There is some evidence to the effect that the "professional thief" is now plying his trade in African

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urban areas; juvenile crime is also on the rise. It is interesting to note that other African countries, such as Tanzania, have recently introduced corporal punish ment for certain offenses against property. There was general agreement in Ethiopia that corporal punish ment is both degrading and brutal. It was imposed with reluctance and in as humane a way as possible, e.g., the number of lashes is limited, and the punish ment can be carried out only under medical supervi sion. However, in light of present conditions it was considered necessary to deter crimes against property. The effort at adaptation is also demonstrated by the types of offenses included in the Code. Since slavery had only been abolished in 1923, and there had been a long tradition of that institution, it was necessary to impose severe punishment for enslavement and main tenance in slavery to deter the possibility of its start ing up again in the more remote areas. The Code also provides for offenses that may exist because of the underdeveloped nature of the country, such as the ac tivities of magicians or sorcerers that cause injury to health. In view of the position of the Emperor in Ethi opian society, there are special provisions dealing with outrages against the Emperor, Imperial Family, and the Dynasty, and serious punishment is imposed for insult or defamation committed against the Emperor or Crown Prince. Finally, certain admittedly desirable provisions were not adopted, because it would be impractical or impossible to do so at the present time. For example, the treatment of limited responsibility is "half re strictive and half therapeutic and protective." A re duced punishment is imposed and there are provi sions for treatment by which the time spent in con-

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finement for treatment may be deducted from the sentence. The drafter believed that punishment should not be imposed at all and that there should only be internment for the deficiency that has caused the re duced responsibility. But, as he points out, such an approach presupposes a highly developed system of psychiatrists, penologists, specialized judges, and spe cial establishments that simply cannot exist in Ethi opia in the foreseeable future. Since the facilities for treatment are lacking, it is necessary to confine the offenders and give them such treatment as is feasible. The same process of adaptation was carried out in the Civil Code. Certain changes were made to reflect the Ethiopian feeling for what is just, a factor which cannot be ignored if the new law is ultimately to be accepted by the people. The drafter had proposed that the spouse be entitled to succeed, as is the case in most western countries. This proposal was rejected, since the Ethiopians are attached to the idea of keeping the property within the blood family. The spousal re lationship, on the whole, is not as strong in Ethiopia as are ties to the blood family. Therefore, it is be lieved that property should not be taken out of the blood family unless the decedent had specifically pro vided so in his will. Another example occurs in the lia bility of the owner of a vehicle for harm caused by any user of the vehicle. The Civil Code makes the owner absolutely liable for such harm irrespective of his fault or control. The theory behind the imposition of such liability is that the owner will insure against it. This being so, it would make no difference whether the user had stolen the vehicle, and in the original draft no exception was made for such a situation. It may be questioned whether all owners of vehicles would insure against third party liability; therefore,

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perhaps some limitation of liability was necessary. But according to the drafter, the most important con sideration was that the concept of a person's being made liable for the acts of one who had stolen his property was so offensive to the Ethiopian sense of justice that an exception had to be made, and the owner is not liable for the harm caused by a thief. The inviolability of the human body was always considered very important in Ethiopia, and any in jury to the body, even if unintentional, gave rise to liability. This principle is recognized in the Civil Code, and a person is liable where he inflicts bodily harm on another, even when he did not do so in tentionally or even negligently. The only exception is where the act causing the harm was ordered by law or was done in self-defense or where the harm was due to the fault of the victim. Another example that the drafter gives is the pro vision relating to the rights of a person who sows, plants trees, or erects a structure on the property of another. The modern tendency is to allow compen sation to such a person, particularly if he acted in good faith, on the theory that otherwise the owner will be unjustly enriched, and the drafter had pro posed provisions allowing compensation in such cases. These provisions were substantially modified in Parliament, and the right to compensation was severely restricted. Ownership of land is highly prized and confers status even if the land is not eco nomically productive. Because of the significance at tached to land ownership, it was considered unjust that the owner be compelled to give up the fruits of his property, or something connected with that prop erty, without an act of will.

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Economic considerations also played a part in de termining the content of the Code. A very significant example of this is found in the provisions relating to administrative contracts. It was decided to have special provisions governing such contracts, and Pro fessor David has carefully discussed the reasons for that decision. He points out that in all countries spe cial rules for government contracts have resulted, and that even if the Civil Code did not contain such rules, they would necessarily arise. In the develop ment of the economy, concessions would have to be given to foreign and domestic enterprises; it is also very likely that there would be a program of public works, involving contracts with private businesses. It was more systematic to regulate all such contracts by general rules. The existence of these rules would lead to greater security in contractual relations with the government. Indeed, the absence of such rules could create serious uncertainty, since investors and contractors might assume that they could not rely on the ordinary contractual provisions of the Civil Code in their dealings with the government. There fore, it was decided to have special rules relating to administrative contracts, and it was hoped that the clarification of the rules would help to attract forei gn capital and enterprises to Ethiopia. Finally, the Civil Code contains a number of transi tory provisions that prevent situations from arising where the law cannot be enforced due to the absence of institutions provided for in the Code. For example, the Code provides for registers of immovable prop erty under the control of the Ministry of Agriculture, but to date these registers have not been established. In the capital and in some of the municipalities, regis tration systems of some sort do exist, and in most

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other localities there are customary rules relating to the formalities of land transfer. The Code provides that the provisions relating to registers shall not come into force until a date to be fixed by an order pub lished in the government gazette, and that until then the customary rules (which would include municipal registration) as to formalities of transfer shall ap ply. The same is true with respect to registers of civil status, since it will be some time before they can be established throughout the Empire. Until that time, other ways are provided for proving birth, marriage, and death. A deliberate effort has clearly been made to relate the new law to the needs of Ethiopia. However, these are the needs of the new and modern society in the process of development. Thus, the adaptations have been made within the framework of a new and mod ern law which was intended to be revolutionary in nature and to guide the future development of the country. Only to a limited extent were such adapta tions made with reference to the present society, thereby presenting real problems of implementation, which will be discussed subsequently. As to the new law, the following observations may be made: (1) the law was to be codified along the lines of conti nental models; (2) substantial borrowing from for eign legal systems was necessary; (3) the borrow ing was from a variety of foreign sources and was highly selective so that no body of law was "re ceived" from a single foreign system; and (4) there was a careful adaptation. The final product was de signed to reflect the needs of a modern society. (2) THE PLACE OF CUSTOMARY LAW.

In determining the kind of law that will form the

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basis of the new legal system, thought must be given to what place, if any, existing law will have in that system. In African states the question has essentially revolved around what is called customary law. In every society norms of conduct have grown. up, some of which are obligatory and, therefore, may be said to have the force of law, hence the concept of custom ary law. Professor Allott has described customary law in the following way. It is unwritten, and the rules can be traced to the customs and practices of the people which have been handed down to succeed ing generations. The law consists of different bodies of rules that may be invoked in different contexts. These rules are based on conceptions of morality and depend for their effectiveness on the approval and consent of the people. The law has evolved in response to the pressures put upon the people by their environ ment. It reflects their way of life and their adjust ment to life in the particular society and environ ment. Professor Allott also contends that all unwrit ten customary laws, African or otherwise, resemble each other more than any single customary system resembles any written system. Moreover, customary law must be viewed in the context of a method of resolving disputes as much as in the context of a body of law. The emphasis is on compromise as well as adjudication. By submitting disputes to a respected figure in the community, the parties may be persuaded to reconcile their differences. The law is more of a guide to the resolution of dis putes than a binding norm. The law itself cannot be separated from the traditional method of resolving disputes. In all of the colonial countries some status was ac corded to customary law, and by and large, the custom-

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ary law was administered by separate courts. The jurisdiction of these courts was limited to persons of African descent whose mode of life was that of the general African community. In Ethiopia, as has been pointed out, customary law was also recognized and applied by the authorities adjudicating disputes. When Ethiopia and the other African countries undertook the development of a modern legal system, an obvi ous consideration was the place that customary law would have in that system. There was no question of retaining customary law as the sole basis. Rather, the question was what to do with the customary law. Should it be looked to as a source of the new law, and if so, to what extent and with what considera tions? Or should it be retained as a separate system of law applicable to certain persons in certain cir cumstances? If the latter approach is adopted, it must be recognized that in those matters governed by customary law there will be different law for dif ferent persons. Customary law operates in a particular locality and/or within a particular ethnic group. It represents the norms governing conduct of people in a given community, and in all African countries this community is necessarily limited by considerations of distance and frequently by ethnic composition. The question ordinarily has been stated in terms of whether customary law should be retained as a sepa rate body of law existing side by side with the main body of law, and it may be approached in that con text. We may first consider the arguments that have been advanced in support of, and against, this propo sition. The strongest argument in favor of the retention of a body of customary law as a separate part of the legal system is that uniformity of law could destroy

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the social fabric of a community where the life of the community may be reflected in norms that govern the conduct of its members. The sudden imposition of an entire body of alien rules upon illiterate peoples in rural areas could cause social upheaval. The rules governing such matters as marriage and family re lationships, succession to property, and land owner ship, are often deeply rooted in religion and tradition; any change could cause dangerous resentment. There are certain advantages to having separate local courts administering the law: the proceedings are under stood and accepted by the people; the courts are close to home; and the proceedings are inexpensive and expeditious. The emphasis is on conciliation; dis putes could frequently be settled without formal ad judication or the ill-feeling that may result from a de cision in favor of one party against the other. Finally, in countries where there were local courts, these courts handled a very large number of cases. Their abolition would seriously disrupt the administration of justice and burden the regular courts. The disadvantages of a separate system of custom ary law, however, are also readily apparent. Cus tomary law itself contains many defects. First, a particular body of customary law operates in a rela tively small area; there is often great variation in the law of adjoining geographical areas and even within a single tribal unit. Since customary law is unwritten, it is frequently uncertain and difficult to ascertain. There is the resulting danger of arbitrari ness, which might not be checked. And many of the rules of customary law simply do not correspond to modern notions of fairness and sound social policy. The process of excising such rules is a very difficult one, and the abolition of some rules and not others

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may destroy the fabric of the particular system of customary law. Second, the existence of different law for different persons impedes the development of national unity. Tribalism has been a serious problem in most African states. Boundaries did not follow tribal lines. Many tribes live within a particular state, and some tribes will be found on both sides of national boundaries. Many of these tribes have been traditionally hostile, and the leaders of the nation must overcome this hos tility in order to develop a national consciousness. Separate systems of law based on tribal or geo graphical groupings adversely affect this effort and can prevent the development of the needed national consciousness. A third major disadvantage is the ef fect that customary law may have on economic de velopment, which is the prime concern of develop ing nations. A piecemeal system of law can discour age people of different groups from entering into economic relationships. Traditional methods of land tenure and ownership may inhibit the use of modern methods of cultivation and thereby prevent urgently needed increases in production. The uncertainty of title prevents free alienation and the development of a fully cash economy. A number of other observations may be made about customary law. In certain fields, a significant body of customary law has never emerged. It is generally agreed that customary law is not very important in regard to contractual obligations and commercial law. Customary law developed in response to the needs of people living in the traditional society, and their needs in these areas were minimal. In other areas, such as criminal law, modern conditions clearly de manded replacement, and so customary criminal law E-3

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has not been retained. The real significance of custom ary law lies in matters such as family relations, suc cession, and land tenure, which are closely connected with tradition and religion. Perhaps the real question is whether there should be a separate body of custom ary law in these areas rather than whether there should be a separate system of customary law as such. The fact cannot be ignored that customary law represents a truly indigenous law as opposed to for eign law, which has been imported in African states in one form or another. There may be a tendency to exaggerate the significance and merits of customary law in reaction to the presence of the foreign law. Moreover, the existence of a separate body of custom ary law argues for its retention. Such law has be come a recognized part of the legal system, and a change may be more violently resisted than if such law had not existed at all. Opposition will come from traditional authorities, who see the abolition of custom ary law as an erosion of their power. Finally, we may ask whether customary law can exist in a modern legal system in the same form as previously. In all countries there has been an inter action of formal and customary law which may have changed the character of the customary law. As has been said, customary law cannot be separated from the customary process of resolving disputes, which stressed conciliation as much as, if not more than, adjudication. When this system becomes regulated by the governmental authorities-as it has invariably become-and lawyers are involved in the process of litigation, directly or indirectly, the character of cus tomary proceedings will become more adjudicative than conciliatory. Ollennu has observed that in the British colonies the rules of procedure and evi-

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dence have been effectively employed to excavate and crystallize the principles of the customary law and that the customary law has been molded to the gen eral principles of English law while the English law has been adapted to conform with the circumstances of each African country. He refers to a "marriage be tween the two systems." If this is so, then it may be asked whether customary law can be the same or have the same place in the society as it once did. Finally, the quest for certainty may cause efforts to be undertaken to reduce customary law to writing, and as has been observed by Ollennu "this could not fail to have a very important effect on the adminis tration of customary law, which will then be applied in a different way and upon a different juristic ba sis." It seems that the real question is the extent to which a separate system of law based on custom shall be retained in areas deeply rooted in tradition and religion, such as family law, succession, and land tenure. Customary law does not play a very important role in most other areas of law, and the impact of un familiar law will not be so great there. If customary law is to be retained, it will likely be in the areas of family law, succession, and land tenure. In those areas there will be different law for different peoples. There will either be separate courts, primarily ap plying customary law, or the regular courts will ap ply customary law in appropriate cases, or both methods may be employed. The other alternative is to avoid any separate sys tem of customary law. There will be only one body of law, though customary concepts may be embodied in that law, and in certain instances customary law may be incorporated by reference. The significant feature

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of this approach is that customary law does not exist as such except in the few cases where it may have been incorporated by reference. We may now consider how some other African countries have dealt with this question. Upon such a consideration, we observe that almost universally they have chosen to retain customary law as a sepa rate body of law, though limiting its operation and effect. In Ghana, customary law is to be applied by all courts where it is applicable, and its applicability is specifically defined. For example, if all the parties claiming to be entitled to land trace their claims to a person subject to customary law or from a family or group of persons subject to the same customary law, the issue is to be determined according to custom ary law. The circumstances in which customary law is applicable are comparatively few. The initial pre sumption favors the application of the common law, and the burden is on the person seeking the applica tion of customary law to prove its applicability. The theory is that all persons are subject to the common law, but that when a person shows that as a mem ber of a particular locality he is entitled to the bene fit of a local custom in accordance with the law, he will be given the benefit of that custom. Professor Harvey has pointed out that customary law must be viewed in the larger perspective of the relations be tween traditional tribal institutions and power cen ters of the new national state, and that in the new order the center of activity in the creation and ad aptation of norms will be the national legislature. He also observed that since the adoption of a republican form of government in Ghana, that part of the legal order derived from indigenous sources has suffered continued attrition in favor of legal norms received

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from nonindigenous (English) sources and incorpo rated in a rapidly growing body of national legisla tion. In Nigeria, the approach has been to have custo mary law applied in certain circumstances by all courts and to establish customary courts in various r�ons, applying customary law in cases within their jurisdiction. The criteria for the applicability of cus tomary law is substantially the same in all the regions, and it is broad. Customary law may be applied in cases between natives or between a native and non native where it may appear to the court that sub stantial injustice would be done to either party by a strict adherence to the formal law. Customary law will not be applied if "repugnant to natural justice, equity or good conscience" or incompatible with existing legislation. A party who has agreed not to be bound by customary law, either expressly or from the nature of the transaction, cannot claim the bene fit of such law. There are also directions as to what customary law shall be applied. The basic approach is the same as that in Ghana, where the presumption is that the common law is applicable, but in appropri ate cases a party can claim the benefit of customary law. In the Sudan, customary law is made applicable in cases involving succession, inheritance, wills, lega cies, gifts, marriage, and family relations. In such cases customary law is the only law to be applied. This parallels a provision requiring the application of Mo hammedan law in such cases where the parties are Mohammedan. The customary law must not be "con trary to justice, equity or good conscience," and spe cific provisions may be altered by legislative enact ment or declared void by the courts. The approach

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in the Sudan has been to apply customary law to all persons in those areas of law where customary law is most important. In the countries that were former French colonies the position of customary law must be viewed in the context of the situation prevailing during French rule. The policy of direct rule was aimed at creating an indigenous elite who achieved legal rights by con forming to French patterns. The distinction was drawn between the evolue and the natives, and two types of civil jurisdictions were established with little contact between them. As to French nationals and evolues, customary law was not applicable. The native inhabitants (those who had not been assimi lated) were governed by customary law in matters of family law, succession, and gifts, though in mat ters of obligations they were subject to French law. There were customary courts w:ith jurisdiction in matters governed by customary law and limited jurisdiction in matters governed by civil and com mercial law; they were without jurisdiction in penal· matters. Following independence, the various countries treated customary law and customary courts dif ferently. Guinea abolished all customary law. In Senegal it was provided that the existing customary law was to be retained, but customary courts were abolished. The regular courts would apply customary law in matters of family law, succession, and prop erty where the parties were subject to such law (that is, where they would be considered natives rather than evolues). They could also apply customary law to such persons in other cases if the customary law was not inconsistent with the codes or contrary to public order. The same approach was taken in Niger.

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In Senegal, particularly, the trend is against custom ary law. A party must affirmatively claim that his case is to be judged by customary law. If he does not do so, the court may decide according to the codes. It is likely that in the future a series of codes of uni versal application will be enacted resulting in the aboli tion of customary law. Most of the other former French colonies have adopted the same approach, namely, customary law is applicable to the persons formerly subject to custom ary law in matters of family law, succession, and property, but there are not separate customary tri bunals. In some countries, however, separate tri bunals continue to exist. The point is that in most of the former French colonies customary law retains the place it had under colonial rule, though the trend in some countries, at least, favors the abolition of customary law. Finally, we may look at Liberia, the only sub-Sa haran country other than Ethiopia that has not been under colonial rule. A dual system has always existed, very similar to that prevailing in French Africa. The population has been divided between the Ameri can-Liberians ( descendants of the liberated Ameri can slaves who founded the republic) and the indig enous tribal population or, as they are referred to in legislation, the aborigines. The common law was ap plicable to the American-Liberians and assimilated tribal persons. Customary law was applicable to non assimilated tribal persons, and a separate system of tribal courts was established. There is an interaction between the two court systems. In cases involving tribal persons the regular courts must apply custom ary law; in some circumstances the tribal courts will be applying non-customary law. The question of

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the applicable law is often difficult to determine since it depends on the degree of affiliation which a party, if an aborigine by birth, retains to his tribe. The pres ent government is pursuing an extensive policy of unification to obliterate the distinction between American-Liberians and aborigines. In time, the tribal population will become fully integrated. When this occurs, the need for a separate system of custom ary law will disappear and there will be only one body of law. We may now consider the approach that was taken to customary law in Ethiopia. Unlike practically all the other sub-Saharan countries, Ethiopia did not re tain a separate system of customary 1,aw. Article 3347 (1) of the Civil Code provides that: Unless otherwise expressly provided, all rules whether written or customary previ ously in force concerning matters provided for in this Code shall be replaced by this Code and are hereby repealed. The key words are "concerning matters provided for in this Code." It does not matter that the customary rule is not inconsistent with the Code. The Code is to be the only source of law in all cases, and custom ary law as such has no place in the legal system. In most other sub-Saharan countries there are two sources of law, the formal law and customary law, each applicable in certain circumstances. This is not so in Ethiopia and it is therefore important to ana lyze why Ethiopia has taken such a different position. In the first place, unlike the other African coun tries there had never been a body of customary law separate and distinct from the formal law. Nor were there customary courts as such, though frequently disputes were brought before the traditional authori-

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ties. What we call customary law was recognized as a source of law and could form the basis of judicial decision. But so could the Fetha Negast and other "rules." And as was seen in the earlier stages of the administration of justice, the concept of legal rules as binding norms did not exist. In more recent times when the courts considered custom, it was one of a number of sources that could be drawn upon along with foreign precedents and principles of "equity." Customary law was not a separate body of law to be applied in certain cases or to certain persons. Thus, customary law did not develop as a defined body of law. The customary law that existed was very uncertain, and varied considerably from place to place, group to group, and even from time to time. Moreover, as Professor Krzeczunowicz has pointed out, Ethiopia cannot be considered in the purely Afri足 can customary context. The Ethiopian tradition in足 cluded Western, Judeo-Christian, and Greco-Roman concepts. In the hierarchy of laws, custom was con足 sidered inferior to the Fetha Negast. Although the Fetha Negast was not consistently followed, it was considered a compilation of great dignity and wis足 dom, a status that customary law did not have. In light of these factors, to have a separate body of customary law as distinct from the formal law would be to introduce a new concept into Ethiopia. There had been no customary courts nor a separate system of customary law, as in other African countries. It was not the policy of the government that one set of laws could be applicable to one person and another set of laws applicable to another. Where laws had been promulgated by the central government, e.g., the Law of Loans, they were applied by the courts in all cases irrespective of the identity of the par-

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ties. In a sense there was the tradition of a national uniform law representing the power of the Emperor to bind all His subjects. Customary law did not represent indigenous Ethiopian law as opposed to for eign law, which was the case elsewhere. Although the codes were to borrow from foreign sources, they were considered as Ethiopian works adapted to the needs of Ethiopia, and thus there was no "nationalistic sentiment" arguing for the retention of customary law. The absence of a separate system of customary law and the fact that it would be introducing a new concept into Ethiopian law to adopt one were the strongest factors militating against the maintenance of customary law in Ethiopia. A separate system of customary law would also have prevented uniform application of the law. In light of the tremendous variations in customary law, even among the major tribes which shared a com mon culture, this would have produced a very frag mented legal system. Ethiopia comprises many tribes, some of whom have radically different cul tures and beliefs. All of the tribes historically waged war against one another, uniting only in the face of foreign aggression. Every effort has been made to eliminate tribalism and the feeling of separateness, and a different law applicable to different persons would impede the efforts toward unification. There is still a question as to separate law for Moslems in family and succession matters, as the subsequent dis cussion will indicate. But there was not to be a sepa rate law for all persons in those matters. A uniform system of law was considered necessary to further the process of unification and the development of a sense of Ethiopian identity. Therefore, a separate

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system of customary law could not be permitted to exist. The matter of a separate system of customary law is really part of a broader question and is only one answer to it. The question is the extent to which new and unfamiliar law is to be imposed upon the people, law which is contrary to their practices and which may even alter their way of life. One way to deal with the problem is to retain customary law in the areas that vitally affect the people's way of life and are deeply rooted in tradition and religion, such as family law, succession, and land tenure. This, how ever, is not the only answer. This problem was care fully considered in Ethiopia, but the solution adopted was not to maintain customary law as a separate part of the system. Rather, the solution was to take account of custom ary law and practice in shaping the codes along the lines suited to Ethiopia. Such law could be a source of some of the provisions of the codes, and it was so employed. But customary law was to be viewed in the context of incorporation in the codes and not in the context of a separate body of law. The choice of this solution was sound for Ethiopia in the light of the factors previously discussed. It should also be pointed out that there was great dissatisfaction with the customary law that existed. It is not inaccurate to say that among most Ethiopian jurists and lawyers customary law is generally as sociated with a backwardness that the modern society is trying to eliminate. As Professor David has stated, the Ethiopians had no fear of changing customs; they sorted out their customs "keeping only the necessary ones which either correspond to their profound senti ment of justice" or were too deeply rooted to be taken

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away-and it may be added, for the most part, the customs that would not impede the development of a modern society. Professor Krzeczunowicz has listed four conditions for the inclusion of customs in the codes : ( 1) the custom was sufficiently general as to be practiced by at least a majority of the highland population; (2) it was not repugnant to the Ethi opian concept of natural justice as reflected in the Fetha Negast; (3) it was not contrary to economic progress; and (4) it was sufficiently clear and articu late as to be capable of definition in civil law terms. In other words, the drafter and the Codification Commission considered customary law and practice as a possible source of the law just as they considered foreign sources. In certain cases customary law was incorporated into the codes either because it was con sidered sound and suitable or because it was too deeply rooted to be taken away. In a number of cases, on the other hand, the codes deliberately went contrary to customary law because of the desire to eliminate the practices sanctioned by that law. The fundamental question was the extent to which customary law would become the basis for provisions of the formal law. We may first examine how custom was incorpo rated into the codes. Earlier it was discussed how certain code provisions were adapted to the Ethiopian situation. The use of customary law and practice as a source of code provisions is but another part of this process. The main incorporation of custom was in the areas of family law and succession, areas that are often deeply rooted in tradition and religion. The succession provisions to a large extent reproduce cus tomary practice. Not only were the traditional rules very important to the people, but for the most part

THE LEGAL SYSTEM OF A DEVELOPING NATION 77

there was nothing unjust or regressive about them. For example, the concept of illegitimacy never existed in Ethiopia, and once filiation was established, a child had the same rights against the parents irrespective of whether or not they were married. Therefore, in keeping with custom it is provided that the legitimacy or illegitimacy of the deceased or the heir does not affect succession rights. Earlier it was pointed out that spousal succession was not authorized because of the Ethiopian belief that property should be kept in the blood line. In the succession provisions there is also a good example of the attempt to impose a uni form law where diverse practices previously existed. Among some tribal groups females were not per mitted to inherit, but among the majority of groups they were. Under the Code it is provided that the sex of the heir does not affect succession rights. A rule of customary law that has been retained on the theory that its abolition would cause too great an opposition is that of unlimited divorce. In effect, di vorce is granted whenever one of the spouses insists on it. The drafter proposed that divorce be granted only on certain grounds, but the Codification Com mission rejected the proposal. However, again in keeping with tradition the Code makes provision for marital arbitration, and where there is not "serious cause" for divorce, the arbitrators have a year in which to try to reconcile the parties. Divorce had been very frequent and easily available. It was recog nized that the law could not change this attitude to ward divorce overnight, but the provisions relating to reconciliation will at least prevent hasty and ill• considered divorce. These provisions are illustrative of the situations where the customary law and practice has been the

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source of the formal law. They represent customs that were considered sound or too deeply rooted to change. The customs incorporated satisfy the criteria set forth by Professor Krzeczunowicz above. In addition, there are a number of references to custom; that is, certain matters are to be determined according to the customary law or practice. In those areas, the law will not be uniform. But for the most part those refer ences do not significantly affect substantive rights, and either concern matters of form or matters to which references to custom are made in other legal systems. It is only in the area of adverse possession that sub stantial rights can be determined according to custom ary law. This is a result of a change made in the draft by Parliament. Under Article 1168 of the Civil Code, a possessor who for fifteen consecutive years had paid the taxes relating to the ownership of an immovable acquires ownership. There is, however, a proviso to the effect that land which is jointly owned by members of one family in accordance with custom may not be acquired by adverse possession and that any member of the family may claim the land. If the law of prescription is not applicable in the area and the conditions of the proviso are met, adverse pos session creates no rights. So, the legal effect of ad verse possession depends on whether the law of pre scription was traditionally applicable in the area and whether the land is deemed to be owned by a family in accordance with custom. This, then, is the extent of customary law in Ethi opia today. Customary law and practice were the source of some of the provisions of the formal law, and there are some references to custom, only one of which significantly affects substantial rights. This is

THE LEGAL SYSTEM OF A DEVELOPING NATION 79

not likely to change, as customary law is not looked upon with favor by most Ethiopian jurists and law yers. Experience may indicate that some dispositions of the Code may have to be modified to take account of customary practices, but even this is not too likely. Clearly, customary law will not be included as a · separate system. Most significantly, there are a number of instances where the law deliberately abolished practices sanc tioned under customary law. There was an inten tional effort to modify the people's way of life in cer tain respects, and the Code is designed to set out new rules to govern the conduct of people in the society which is being created. A clear example of such a rule is that relating to customary marriage. The cus tomary types and incidents of marriage have been abolished, and the only type of marriage recognized under the Code is that of a union which is permanent unless terminated by death or divorce. A form of "marriage for hire" or "marriage by the month" has long existed in the rural areas. Rather than take a permanent wife a man would have a woman live with him as his "wife," but he could dismiss her at any time. His only obligation was to pay her maintenance for the time she lived with him, hence the concept of marriage for hire. No legal status whatsoever is now accorded to this relationship. This is directly contrary to the practice of many persons in rural areas, but the existence of such an institution could not be permitted in the modern society. Another major change from customary law is the abolition of the effect of the payment of "blood money" upon a criminal prosecution. Traditionally, the pay ment of such money to the family of the deceased would prevent a criminal prosecution for homicide,

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even for what would be considered first-degree mur der. In the traditional society the concept of a wrong against the state was not sharply differentiated from the wrong committed against the victim. The family of the victim felt that their honor was satis fied and the victim avenged by the payment of the blood money, which was an admission of wrongdo ing. Criminal prosecution was not necessary nor de sired, and following the payment of blood money, a reconciliation of the families took place. This tra dition was so strong that it was retained in the 1930 Penal Code ; payment of blood money would prevent execution of a penal sentence for homicide. Such a situation could not be permitted to continue. It had to be recognized that homicide was an offense against the interests of the state as well as against the vic tim and his family. Therefore, under the Penal Code of 1957, payment of blood money has no effect on the criminal prosecution, although it may constitute an ex tenuating circumstance. A very significant change is the abolition of per sonal servitudes in connection with immovable prop erty. It had been a traditional practice to require the user of land to perform services for the person who granted him the land, particularly if the grantor were a powerful nobleman or a religious official. This gave the grantor some hold over the land and prevented alienability. Also, the user was less able to work his land properly because he had to perform the services for the grantor. The existence of personal servitudes is inconsistent with a modern economy, and despite the widespread practice they were abolished. And even though obtaining land by adverse possession is limited to some extent, the principle is entirely new and runs counter to the very traditional concept that

THE LEGAL SYSTEM OF A DEVELOPING NATION

an owner cannot be deprived of his property without an act of will. By the same token, the provisions to the effect that the good faith purchaser of a movable acquires ownership by taking possession, even though the other contracting party was not the owner, are quite contrary to traditional ideas. Again, an owner may be deprived of his property without an act of will; the only exception is where the movable has been stolen. Finally, the Code requires that a guarantee be in writing and that the amount of the guarantee be stated in the instrument. This is designed to change the prior practice of giving an unlimited guarantee, often oral, which spawned many disputes. These are some of the most significant examples of where the law is inconsistent with prior practice. However, it must be remembered that except to the extent that the code provisions were based on cus足 tomary law or make reference to custom, the codes in their entirety contain new ideas. The new codes represent a revolutionary break with the past and an attempt to use law as an instrument of social con足 trol. Subsequently, we will discuss the impact of the new law and the problem of its application at the present time. As regards our present inquiry, the point to be stressed is that there is no separate body of customary law in Ethiopia. In resolving legal ques足 tions the courts are bound by the provisions of the law, which means the Constitution, codes, and legis足 lation. The absence of a separate body of customary law makes Ethiopia practically unique among the nations of sub-Sahara Africa. (3) APPLICATION TO DIFFERENT RELIGIOUS GROUPS.

Although this question may seem a strange one to the foreign reader, the matter of different law

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based on religion is a real problem for many African countries in the process of developing their legal sys tems, since frequently an African country has large Moslem and Christian populations. The line between customary and religious law is not a sharp one, so that as separate systems of customary law were recognized, separate systems of religious law were recognized as well. This was of primary importance to the Moslem population. For Moslems, the law of marriage, family relations, and succession has been regarded as intimately connected with the practice of their religion. In almost all Moslem countries a dif ferent law of family relations is still applied accord ing to the religion of the parties. This is also true in African countries· which are predominantly Moslem or have a large Moslem population. In the Sudan, for example, a system of Moslem courts was established with jurisdiction over Moslems in these matters. Like wise, in Northern Nigeria all the courts are to ad minister Mohammedan Law in such matters where the parties are Moslems, and there is also a Moslem court system. Ethiopia has been confronted with the same ques tion. It is a predominantly Christian country, where Christianity is the state religion. There is, however, a large Moslem population, estimated to be at least a third and possibly more, and some of the provinces are predominantly Moslem. Moslem religious courts had long existed, and following the Liberation they were given official recognition. These courts had juris diction in two classes of cases: (1) questions regard ing marriage, divorce, maintenance and guardianship of minors, and family relationships where the mar riage to which the question related was concluded in accordance with Mohammedan law or the parties

THE LEGAL SYSTEM OF A DEVELOPING NATION

were all Moslems; and (2) questions regarding Wakf (religious endowment), gift, and succession or wills provided that the endower, donor, or deceased was a Moslem. These courts applied Mohammedan religious law. In addition, under the· Penal Code of 1930, big amy was an offense only if committed by a Christian. To this extent there was a separate law for the Mos lem population in Ethiopia. The question is whether this separate law based on religion will be retained in the new system. In Moslem countries the attitude toward traditional religious practices is changing, and such changes are reflected in the law. The unsoundness of polygamy from an economic and social standpoint is clear, and it has been severely restricted and even abolished in some Moslem countries. In those countries a conflict between tradition and modernization is taking place, but it is one that will be resolved within a Moslem context. Moslems will be making the decision as to which traditional practices will be retained and which will be abolished. In Ethiopia, on the other hand, while the conflict is the same, it must be resolved in the context of the rights of a Moslem minority in a predominantly Christian society. Ethiopia's law deal'ing with family law and succession, as reflected in the Codes, is based on Christian concepts, e.g., bigamy is forbidden. Therefore, in Ethiopia the question necessarily is one of whether there should be separate law for a strong minority group in matters that are considered by them to be religious in nature. This question has not yet been resolved. While the Penal Code of 1957 prohibits bigamy, it also provides that bigamy shall not be an offense if the civil law provides an exception. No such exception is contained in the Civil Code, which voids bigamous

)

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marriages. However, there never seems to have been a prosecution against a Moslem for bigamy, and those persons that practice plural marriage do so openly. It can also be argued that the Civil Code, which con tains no provisions applicable to Moslems, impliedly repealed the jurisdiction of the Moslem courts. Since the Civil Code repeals all other law and the law is to be uniform throughout the Empire, the argument is that Mohammedan law is no longer recognized and the jurisdiction of courts to apply such law is re pealed. The alternative argument is that since such courts were in existence and were applying Moham medan law, the Civil Code, which makes no reference to courts, was not intended to abolish their jurisdic tion in cases assigned to them by existing law. Sub sequent laws, however, dealing with the courts and their jurisdiction have made no reference to the Mos lem courts. These courts continue to function. It is reported that shortly after the promulgation of the Civil Code, the Minister of Justice by circular instructed the courts to continue to exercise their jurisdiction un der the 1944 Proclamation, applying Mohammedan law. Indeed, the Muslim Sharia Court of Appeal now sits as a division of the Supreme Imperial Court. On the other hand, if the intention were that these courts remain a permanent part of the judicial system, new legislation to that effect would have been promul gated. But none has been. It is obvious that Ethiopia has not come to grips with the question of separate law for the Moslem population in these matters. The failure to do so appears to be deliberate and despite the resulting ambiguity and uncertainty, this was de sirable.

THE LEGAL SYSTEM OF A DEVELOPING NATION 85

As was seen earlier, the desire for a uniform law is strong. Separate laws, even in limited cases, en courage divisiveness. On the other hand, the matters governed by religious law are vitally important to the Moslem population. Any e:ffort to bind them by a uniform law based in part on "Christian values" would be strongly resisted and could cause a serious upheaval. Perhaps the fact that they are a minority makes their religious law more important to them than in a country such as the Sudan where they are in the majority. In any event, it would clearly be un wise to attempt to impose the uniform law on the Moslem population at this time. The experience in a number of Moslem countries indicates that traditional practices such as polygamy are on the decline. This appears to be true in Ethiopia as well. Polygamy is not very common among Mos lems in the urban areas, and even where it is prac ticed, the tendency is only to take a second wife. As a society develops, the disadvantages of polygamy be come more apparent, and fewer and fewer people will engage in plural marriage. With the secularization that inevitably results from economic progress, tradi tional religious ties will not be as strong, and doc trines that cannot survive the test of modernization will not be as readily accepted. When this occurs in Ethiopia, the law can be uniformly applied, since re sistance will no longer be strong. Perhaps some modi fications can be made in the law to reflect Moslem needs, e.g., the authorization of limited religious en dowment. The goal is one system of law, and in the future it is likely that the Moslem courts will be abol ished. To do so at present would create great opposi tion. It can be done only when the ties to the tradi tional practices are no longer so strong, which is

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likely to happen. Therefore, the present solution which avoids a clear-cut decision now is sound and is really the only one that is feasible. Traditionally, the Ethiopian Orthodox Church had its own courts which exercised jurisdiction, particu larly in family matters. However, their jurisdiction was abolished in 1942, and no system of religious courts for Christians was contemplated. ( 4) GENERAL APPLICATION.

The new law was intended to have a revolutionary effect and to offer a legal model for the society to come. It was developed for the more advanced people of the Ethiopian highland areas, but even there it is often far in advance of the people's thinking. We have seen that while the codes retained some customary con cepts and practices, they abolished many others and provided a binding written law where none had ex isted before. And although the codes were very care fully adapted, the adaptation was with a view toward the needs of the new society more so than the needs and conditions of the existing one. In light of this, consideration must be given to how the codes can be applied effectively, what resistance the application of the codes will meet, and how this resistance can be overcome. There was no question as to the immediate applica tion of the Penal Code. The 1930 Code had been ap plied, and all that was necessary was that the courts apply the new Penal Code of 1957. The judges would have greater difficulty in applying this more sophisti cated and modern work, but this is inevitable. More over, in cases where a prosecution would seem unjust and no societal interest was adversely affected by the commission of the particular crime, the government

THE LEGAL SYSTEM OF A DEVELOPING NATION

could decide not to prosecute. The impact of the new codes would be much greater in the private law area, which more directly involves the day-to-day life of the people. Professor David proposed that in civil cases the codes not be applied universally in all their disposi tions. His proposal was as follows : the Civil Code was to be applied immediately by the judges in Addis Ababa; all the provisions relating to contracts and the entire Commercial Code would be applied uni versally; the other provisions would be applied out side of Addis Ababa only insofar as they did not run counter to strong customary practices; the Code would represent a model to guide decision rather than binding rules, and a decision would be reversed only where it was contrary to "elementary principles of justice" rather than to the provisions of the Code. He envisaged a provision to this effect in the yet to-be-enacted Code of Civil Procedure. This proposal was not adopted. Professor Krzec zunowicz has pointed out that this would defeat the purpose of the codes to insure a minimal security in the legal relations. Litigants would not know where they stood if the failure to adhere to the provisions of the Code was not a ground for reversal. More over, there would be a real danger of arbitrariness. The judge could apply the codes in some cases and not in others, depending on which litigant he wanted to favor. The concept of the law as a guide to deci sion rather than a binding norm had existed previ ously in Ethiopia, and the modern trend had been away from this concept. The proposal would revive the past practice which had been a source of arbi trariness. The judges must be conditioned to decide cases in accordance with the codes and must recog-

LEGAL SYSTEM OF ETHIOPIA

nize their binding force. To permit them to decide in accordance with "elementary principles of jus tice" would open the way for the introduction of cus tomary law, which is exactly contrary to the pur pose of the Code in abolishing such law. The judges, on the whole, are not sophisticated enough to choose between the codes and customary law in individual cases, and the codes would be likely to suffer at trition in favor of the customary law. In order for the codes to be effective, the judges must be in structed to apply them immediately as best as they are able. However, as a practical matter, an uneven ap plication of the codes will take place, and though un desirable from many standpoints, this uneven ap plication will cushion the impact of the new law. The simple fact is that in some parts of the country the judges will not be able to apply the codes, will not try to do so, and the parties will not be concerned with the codes but only with the customary law. This is not entirely undesirable. The judges cannot be given a choice to decide the cases in accordance with either the codes or with custom, but where they in fact do not apply the codes (because they cannot), and no objection is made by the litigants (who are not think ing in terms of the codes, but only in terms of the customary law), no harm is done. In some of the very remote areas where the imposition of the codes would have the greatest effect, there are no govern ment courts. In time, these areas will be brought un der effective government control, and as development progresses all people will be less resistant to the new laws. Moreover, more qualified persons will be staffing the courts, and they can apply the codes more effec tively. What is suggested here is that the people will

THE LEGAL SYSTEM OF A DEVELOPING NATION

grow into the codes, so to speak. There will be a coincidence between the progress of the nation as a whole, with a greater readiness and desire to accept new ideas, and the application of the codes by judges capable of doing so. In the interim, of course, there will be conflicts. Some judges will try to apply the codes while others will not. A case decided by a lower court judge on the basis of customary law may be decided by the appel late court on the basis of the codes, of which up to that time the litigants may have been unaware. When the codes are applied in such a case, the result may "shock" the parties and cause them to resent the de cision. This is unavoidable when society is changing, and this was foreseen when the codes were adopted. All that can be said is that this period will end at some time. Once the people are aware of the new codes and their traditional way of life has been changed somewhat by economic progress, they will conform their conduct to the codes. The transition will be difficult, but this is inevitable in a developing society. There are other outlets, however, by which the im pact of the new law can be cushioned during the transitional period. In the first place, the codes will only be applied in cases coming before the courts. It has been traditional to submit disputes to elders and other respected persons in the community. The people were frequently suspicious of the government courts where such courts existed. These courts represented governmental authority, and the social mores of the particular area may have demanded that the people avoid them. The elders would try to persuade the par ties to compromise their dispute, but failing compro mise, they would render a decision. The basis of their decision would be the customary rules prevailing in

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the community. This practice will continue, and a de cision by the elders would constitute an "arbitration," which would be legally binding on the parties. In deed, to the extent that litigants do resort to the courts and are dissatisfied with the decisions because not based on the customary rules, they will return to the customary mode of adjudication. Parenthetically, the increasing recourse to arbitration may be noted in developed countries because of dissatisfaction with the results of judicial litigation. The availability of customary adjudication then will lessen the impact of the application of the new law. As the people be come more "advanced," they are more likely to want to have their cases decided by the courts under the new law, and reliance on customary adjudication will decrease. Outlets also exist in some of the legal institutions of Ethiopia. Cases of a minor nature may be brought before the Atbia Danias or local officials, who may be likened to justices of the peace. Their duty is to assist the parties in compromising their dispute, but failing this, they may adjudicate the case as do the elders. They are likely to try to compromise and ad judicate with reference to the local law rather than the codes, and this is the kind of decision the parties expect. The Emperor has the power to review cases on petition and He is not bound to decide cases ac cording to the strict law. In an appropriate case He may conclude that it would be unjust to decide the case according to the codes and He can decide it un der local law or on some other basis. Thus, there are devices by which the impact of the new law can be cushioned. The codes will not be ap plied in the more remote parts of the country un�il the judges are trained to use them. This should coin-

THE LEGAL SYSTEM OF A DEVELOPING NATION 91

cide with the development of the people in those areas, and they will be more disposed to accept the new law when it is applied. The parties may resort to custom ary adjudication, or the case may be brought before the Atbia Danias. In cases reviewed by the Emperor, He may decide the case without reference to the codes. The fact that there are such devices does not mean that the impact of the new law will not be felt be fore the people are ready to accept the new ideas con tained therein. It will and the society will be profoundly affected by the new law. Some opposition and hostility will exist. It simply is not known what is happening in many parts of the country, or what will happen, and any prediction is hazardous. However, particu larly among the highland population, there is a tradi tion of codified law as reflected in the Fetha Negast. The concept of a higher law was recognized even where it was not followed in practice. The codes may be accepted as a modern version of the Fetha Negast and the traditional respect for law may help to pave the way for the acceptance of the new law.3 3. For a detailed and excellent discussion of the entire topic, see Vanderlinden, Civil Law and Common Law Jnfiuences on the Developing Law of Ethiopia, 16 BUFFALO L. REV. 264 (1966).

CHAPTER 3. FORMS OF LAW. A. B. C. D.

BACKGROUND. JUDICIAL, LEGISLATIVE. EXECUTIVE,

(1) Decrees. (2) Orders.

E. ADMINISTRATIVE.

(1) Legal Notices. (2) Decisions. (3) Judicial Review.

F. INTERNATIONAL. G. LOCAL (PROVINCIAL AND MUNICIPAL), H. THE SPECIAL SITUATION OF ERITREA. I. ECCLESIASTICAL, MILITARY AND ISLAMIC.

A. Background.

The historical background of indigenous Ethiopian law, a rich heritage of 3,000 years, may be found in a scholarly article published in Volume III, Number 1 of the Journal of Ethiopian Law by Professor Jacques Vanderlinden in 1966. Containing an exhaustive if not definitive bibliography of several hundred ancient and current items, it is an excellent starting place for any neophyte in the field. The present text is concerned mainly with civil law. Anyone interested in the penal system of Ethiopia should consult the article by ProÂ fessor Steven Lowenstein in Volume II, Number 2 of the Journal of Ethiopian Law. It is replete with the latest statistical data. B. Judicial.

The Revised Constitution of 1955 which is still in effect for Ethiopia creates an independent judiciary

FORMS OF LAW

which has general jurisdiction over civil and criminal matters. Judges at the higher level dispose of cases by issuing written opinions which are called Judgments. A court does not always prepare such a written opin ion for every case it decides. It is important to note that in those cases heard before mixed benches of both Ethiopian and foreign judges, two separate opinions are written, one in Amharic and one in English. These opinions are not translations of one another, but are independent Judgments based upon common agree ment among the judges as to the principles and final outcome of each case. Naturally, if there ever is a conflict between the English and Amharic, the latter controls and is the official version. In 1964 the Faculty of Law began to collect and publish in the Jo,urnal of Ethiopian Law a small selection of the Judgments of the appellate courts for the first time in English and Amharic. C. Legislative.

The Ethiopian bicameral Parliament has broad if not unlimited power to legislate in the interests of the people. If a majority of the upper house (Senate), whose members are appointed by the Emperor for six year terms, and a majority of the lower house ( Cham ber of Deputies), whose members are elected for four year terms by universal suffrage, both approve of a proposal, it is sent to the Emperor for His action. If He approves, the promulgated law is called a Proc lamation. The Parliament and Emperor each thus has a veto power over the other with respect to the issu ance of Proclamations.

LEGAL SYSTEM OF ETHIOPIA

D. Executive. (1) DECREES.

By virtue of Article 92 of the Revised Constitution of 1955, in case of an emergency that may occur when the Parliament is not in session, the Emperor may en足 act laws which are called Decrees. These must be sub足 mitted to the Parliament as soon as it convenes, at which time the Parliament has the power, by majority vote of both chambers, to repeal the Decree, if it so wishes, through a form of law known as a Notice of Disapproval. The Parliament thus has a potential veto power over executive Decrees. (2) ORDERS.

The Emperor has certain constitutional preroga足 tives to determine "the organization, powers and du足 ties of all Ministries, Executive Departments and the administration of the Government." When He so acts the law is known as an Order. Parliament has no veto power over executive Orders. E. Administrative. (1) LEGAL NOTICES.

A Procliamation, Decree or Order may authorize a Minister or other government authority to issue rules and regulations. This delegated form of law is called a Legal Notice. (2) DECISIONS.

There are a half dozen administrative agencies in Ethiopia such as the Labor Relations Board, the Technical Agency, the Civil Aviation Administration, the Livestock and Meat Board, and the Tax Appeal

FORMS OF LAW

Commission. When one of these tribunals disposes of a case over which it has jurisdiction, it issues a form of law known as a Decision. These Decisions are not published at present and may even be informal by na ture, such as a letter to the parties concerned. (3) JUDICIAL REVIEW.

Specific legislative provision for judicial review of administrative action in Ethiopia is made only for the Labor Relations Board and the Tax Appeal Commis sion. Appeals from the former are taken to the Su preme Imperial Court and appeals from the latter go to the High Court. Professor Robert Means, writing in Nolume III, No. 1, of the Jourruil of Ethiopian Laxw (1966), makes a most pursuasive argument, however, for the existence of judicial review for all the adminis trative agencies of Ethiopia. F. International.

Under Article 30 of the Constitution, the Emperor alone exercises the supreme direction of foreign affairs of the Empire, but certain Treaties and International Agreements (such as those relating to peace, involv ing loans, or modifying legislation in existence) must be approved by a majority vote of both chambers of Parliament as well as the Emperor in the same fash ion as a Proclamation before becoming legally effec tive. G. Local (Provincial and Municipal). Ethiopia is divided into 14 governorates-general called Provinces (Arussi, Bale, Begemder, Eritrea, Gemu Gofa, Gojjam, Hararge, Illubabor, Kefa, Shewa, Sidamo, Tigre, Wellega, and Wollo), which are in turn

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divided into subprovinces, districts, and subdistricts. Provincial Governors-General and most other provin cial officials are appointed by the Emperor; a few lower officials are appointed by the Governor-General. Locally elected councils function as the administrative units at the subprovincial level. Recent improvements in communications and transportation facilities are also helping to strengthen the influence of the central government in all parts of the Empire. But some in adequacies remain, and in many areas traditional lo cally derived officials still exercise substantial admin istrative power at the lower levels so that officials sent from Addis Ababa must accommodate themselves to local customs. Generally speaking, however, the Ethiopian govern ment is based upon a system of central administration (similar to France) springing from the capital of Addis Ababa. The fourteen geographical provinces and the 173 cities and towns throughout the Empire which have been granted the status of Municipalities are all under the direct administration of the Ministry of Interior. They are used to execute and administer the laws which are enacted by the national government in Addis Ababa and have little, if any, autonomous law-making power of their own. The only exception is Addis Ababa (the only chartered city in the entire Empire) which does have a limited power to promul gate laws applicable within its territorial limits on di verse matters such as the issuance of licenses or traffic offenses. These municipal laws are enacted by a ma jority of the Addis Ababa City Council in the form of a Legal Notice with the approval of the Mayor and are then forwarded to the Minister of Interior for his assent before they become legally effective.

FORMS OF LAW

H. The Special Situation of Eritrea. The administrative structure of Ethiopia's most northern province, Eritrea, differs somewhat from that of the other 13 provinces of Ethiopia because of the history of the province. An Italian colony since the 19th century and administered first by British military and later civilian and then United Nations authorities after the close of the Halo-Ethiopian War (1935-1941), Eritrea was given federated status with in the Ethiopian Empire by a United Nations decision in 1952. It maintained, this status, and the control over its internal affairs, until November 1962, when it was incorporated into the Empire to become the 14th prov ince of the Empire. Reorganization of the adminis trative structure is not yet complete, however, and a few federation institutions and laws remain in oper ation in Eritrea. For example, the Eritrean Employment Act of 1958 is still in effect but only within the territorial limits of the Province of Eritrea. Thus, for an employer with two factories, one in the capital city of Addis Ababa in the Province of Shewa and one in Asmara, Ethiopia's second largest city which is in the Province of Eritrea, entirely different laws apply to his contractual rela tions with his employees in the two respective facto ries. That this tends to make for confusion is an un derstatement. Laws are otherwise absolutely uniform, however, throughout the other 13 provinces of the Em pire. I. Ecclesiastical, Military and Islamic. A treatment of the extent to which there are still separate bodies of ecclesiastical, military and Islamic E-4

LEGAL SYSTEM OF ETHIOPIA

law in Ethiopia today (and of this there is much) may be found 1n my text Ethiopi(J/YI, Legal Formbook (1966) so there is no need to repeat it here. The reader who is so interested may there fully explore the subÂ ject in detail at his leisure.

CHAPTER 4. CONSTITUTIONAL BACKGROUND. A. B. C. D.

HISTORY. FORMATION OF PARLIAMENT. PRIMARY AND SUBORDINATE DOMESTIC LEGISLATION. CHECKS AND BALANCES.

A. History.

On July 16, 1931, a few months after His Corona tion, incumbent Emperor Haile Sellassie I granted to the people of Ethiopia the first written Constitution in the history of the 3,000 year old Empire. A quarter of a century later, on November 4, 1955, the silver jubilee anniversary of the Coronation, His Imperial Majesty promulgated, with the approval of the Par liament which had been first established by the Con stitution of 1931, the Revised Constitution of 1955 which is in effect today. Specific provision is made therein for the prospective continuation of the estab lished Constitutional Monarchy through the incumbent male dynastic line that traces its ancestry back to the historical union of the Ethiopian Queen of Sheba and Biblical King Solomon of Jerusalem. Since a Constitution is the basic foundation of the legal system of a country, the full text of the Revised Constitution of 1955 is reproduced in Appendix A, supra. The first Ethiopian Constitution of 1931 resembled in part that of the Japanese Empire of 1889, which in turn was similar to the Constitution of 1871 of the German Empire. The Ethiopian Revised Constitution of 1955 is a liberal modification of the 1931 Constitu tion with the addition of many modern concepts such

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as the theory of checks and balances, and a bill of rights guaranteeing such fundamental freedoms as the right to counsel in criminal cases, due process of law, equal protection of the laws, protection against double jeopardy, civil rights and freedom of speech, press, religion and assembly. An independent judiciary is es tablished. Article 122 specifically states that all future law inconsistent with the Constitution shall be null and void but there is no express provision for judicial review. Amendments to the Constitution require the consent of the Emperor after they have been approved by a three-fourths vote of the full membership of each chamber of Parliament in two separate sessions. There has been no suggestion or enactment of any amend ment to date. B. Formation of Parliament.

The 1931 Constitution created a bicameral Parlia ment which was carried forward into the 1955 Consti tution. Members of the upper chamber, or Senate, pres ently numbering up to 125, are appointed for six-year terms by the Emperor at irregular intervals and are chosen from among the nobility, dignitaries, hierarchy of the Ethiopian Orthodox Church and other promi nent personages. The emphasis in selection is on men who have had experience in government and state af fairs. They must be native born Ethiopians at least 35 years old and are eligible for reappointment by the Emperor at the expiration of their six-year term. Each Senator has one vote in Parliamentary deliberations. The number of Senators may never exceed one-half of the total number of Deputies. Under the 1955 Constitution, members of the lower house, or Chamber of Deputies, presently numbering

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250, are elected for four-year terms and must be native born Ethiopi�ns at least 25 years of age. Deputies are eligible for re-election to an indefinite number of terms of office. Universal suffrage applies to all native born Ethiopians who are at least 21 years of age. The last such election of Deputies was held in July of 1965. Each Deputy has one vote in Parliamentary delibera tions. The Chamber of Deputies is the sole judge of the qualifications and election of its members. There are no political parties in Ethiopia. The Cen tral Electoral Board of the Ministry of Interior estab lishes one electoral district throughout the Empire for every 200,000 people containing approximately 50,000 registered voters. Two Deputies are elected from each such electoral district. In addition to this national geographical concept of direct representation, each city with a population of 30,000 people is a special electoral district, entitled to elect one Deputy and an additional Deputy for every additional 50,000 inhabitants. The only cities which presently enjoy this privilege are the capital of the Empire, Addis Ababa, which elects ten Deputies, and Asmara, which has five. These city electoral districts are separate from the other electoral districts through out the Empire. Since each candidate for election to the Chamber of Deputies must have lived at least one year preceding the election in the electoral district in which he stands for election and also own substantial property therein, it may be said that the Deputies reflect the will of the people throughout the entire Empire. The members of the Senate are not so chosen on any such geographical basis.

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While members of the Senate may be re-appointed indefinitely and members of the Chamber of Deputies may likewise be re-elected indefinitely, no one may sit in both chambers simultaneously. Women are eligible to sit in either chamber; none has ever been appointed to the Senate but several have been elected by the peo ple to serve in the Chamber of Deputies. Neither a Senator nor a Deputy may hold any other government position during his tenure as a member of Parliament without the express approval of the Em peror. Members of the Council of Ministers may not be members of either chamber of Parliament. C. Primary and Subordinate Domestic Legislation.

The four major types of Ethiopian law (Orders, Proclamations, Decrees and Legal Notices) although never so officially prescribed, are in accord with the di visions of legislative authority set out in the Constitu tion of 1931 and the Revised Constitution of 1955. The first three (Orders, Proclamations and Decrees) are best known as primary legislation. Thus, under the title of "Order," the Emperor exercises His preroga tive under Article 27 of the Constitution of 1955 to de termine "the organization, powers and duties of all ministries, executive departments and the adminis tration of the Government." Expressed another way, an Order is the form for legislation within the execu tive power. Substantive legislation passed by Parlia ment and approved by the Emperor is entitled a "Proc lamation." The Emperor acting alone may promulgate substantive legislation only "in cases of emergency that arise when the Chambers are not sitting." This law is called a "Decree."

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The fourth term, "Legal Notice," is used mainly for the publication of rules or regulations, and municipal law, authority for which has been delegated to various government officials. It can best be labelled subordinate legislation. The two minor forms of law published in the Ne gaffit Gazeta, see Chapter 9 B infra, which are not dis cussed herein are "General Notice," which is mainly used to announce government appointments and awards of honor by the Emperor, and "Notice" which is the vehicle for the announcement of certain mat ters of public interest, such as Notice No. 10 of 1950, dealing with the encouragement of foreign investment in Ethiopia. Notice has more or less dropped into gen eral disuse lately except for the publication of the pe riodic financial statements of the Development Bank and similar organizations. There was some inconsistency or overlapping in the ,use of all of these terms (Order, Proclamation, Decree, Legal Notice, General Notice, Notice) in the early years of the Negarit Gazeta, the official Law Reporter of Ethiopia, but the above general description is now the established pattern of current law making in the Empire. On the important question of what to do when one law conflicts with another, see the excellent article by Professor George Krzeczunowicz entitled "Hierarchy of Law in Ethiopia," published in Volume I of the J<YUrnalof EthiopianLawatpage 111 (1964). D. Checks and Balances.

The Revised Constitution of 1955 expressly incor porates a "built-in" concept of checks and balances wherein the various branches of the Ethiopian govern-

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ment contain a certain amount of control over each other in the law-making process. For example: (1) A Proclamation passed by both chambers of the Parliament can never become promulgated as law unless it receives the express approval of the Emperor; (2) A valid Decree issued by the Emperor may be repealed unilaterally by a majority vote of both chambers of the Parliament; (3) A joint session of Parliament may not be held if one of the chambers boycotts the meeting through failure of a majority of its members to attend; (4) Most Treaties and International Agreements with other countries must receive the express approval of both chambers of the Parliament and the Emperor; ( 5) No branch of the government may undertake a loan or pledge the credit of Ethiopia without the ex press approval of both chambers of the Parliament; ( 6) While the Emperor alone by the issuance of an Order may create a new agency of government, alt fiscal appropriations for its permanent operation must be expressly approved by Parliament; (7) Any future legislation which conflicts with the Constitution is null and void, presumably to be so de clared by the judiciary, all of whose members are ap pointed by the Emperor alone and are subject to re assignment or dismissal in His sole discretion. Keeping in mind the above checks and balances on the various forms of Ethiopian law, if one were to classify them broadly under the headings of legisla tive, executive and administrative, it would be as fol lows: Legislative .......................................... Proclamations; Executive .................................. Orders and Decrees; Administrative .................................... Legal Notices.

CHAPTER 5. THE PARLIAMENT. A. ORGANIZATION.

(1) (2) (3) (4)

Time and Nature of Meetings. Procedure and Record Keeping. Joint Sessions. Order of Business. (a) Administrative Personnel. (b) Election and Appointment of Presiding Offi cers. (c) Committee Selection. (i) Standing Committees. (ii) Joint Committees. (d) Daily Agenda. (5) Nature of Business. (a) In General. (b) Resolutions.

B. DRAFT LEGISLATION.

(1) Source of Power. (2) Steering of Proposed Legislation. (a) Committee Hearing. (b) Reporting Out. (c) Consideration by Other Chamber. (d) Joint Session.

C. ACTION BY THE EMPEROR.

A. Organization. (1) TIME AND NATURE OF MEETINGS.

The regular sessions of the Ethiopian Parliament convene on November 2nd of each year (unless there is a postponement up to a maximum of thirty days by the Emperor) and continue until June 8th of the following year (unless the Emperor and the chambers of Parliament elect to continue their deliberations be yond that date). The Parliament is officially opened on the first day of each new annual session by the Em-

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peror who delivers a "State of the Empire" speech from His throne to a joint session of the Parliament composed of at least two-thirds of the members of each chamber in which He reviews the accomplish ments of the preceding year and presents His pro grams for the forthcoming year. On each day of a regular session thereafter neither chamber may con vene or take a vote in the absence of a majority of its members. Affirmative votes are taken in each chamber by a majority of the members present. A presiding officer votes only to break a tie. Both chambers usually sit separately from 10 :00 a.m. to 1 :00 p.m., Monday through Friday, and each daily session is begun with a prayer. All meetings are open to the public, subject to secret sessions in the national interest at the request of the Prime Minister or upon a majority vote of either chamber. Unless the presiding officer grants permission for a matter to be submitted orally, everything submitted for the delib eration of a chamber must be in writing. Although the Emperor has the power to dissolve the Parliament, convoke an extraordinary session, or suspend a ses sion for not more than 30 days, He has never done so. To encourage complete freedom of debate in their deliberations, members of both chambers are given full civil and criminal immunity for all oral and writ ten statements they make relating to official Parlia mentary affairs. (2) PROCEDURE AND RECORD KEEPING.

Each chamber, pursuant to Article 82 of the Con stitution, has promulgated and published in Amharic (the only official language of the Empire) its own separate set of rules and regulations governing Parlia-

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mentary practice and procedures. All of the business of the Parliament, oral and written, is conducted in Amharic. A complete record of everything which tran spires on the floor of each chamber is kept in the Min ute Book of the respective chamber. The minutes of each chamber for the preceding day are read at the beginning of the session on the following day. Com plete files on all Draft Legislation, Decrees and Resolu tions are kept in the Journal of each chamber. (3) JOINT SESSIONS.

The two chambers meet together on the first and last day of each session, upon the call of the Emperor and upon other occasions as may be determined by both chambers. The President of the Senate presides at all such joint sessions, which may not be held in the absence of a quorum which consists of a majority of the membership of each chamber. Decisions of joint sessions are taken by a majority vote of the members present. The presiding officer votes only to break a tie. ( 4) ORDER OF BUSINESS.

(a) Administrative Personnel.

Each chamber has a Clerk appointed by the Em peror on a permanent career basis. The Clerks are ex perts in Parliamentary affairs and they serve as execu tive and administrative assistants to the presiding offi cers of their respective chambers. In effect, they are responsible for the smooth and efficient operation of the Parliament on all routine matters. The Clerk of the Chamber of Deputies and the Clerk of the Senate are members of all joint committees. In the absence of the Clerk of either chamber, he is replaced by the As sistant Clerk. The Clerks of each chamber employ all the other administrative and clerical staff of the re-

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spective chamber subject to rules and regulations of the Imperial Civil Service. The Clerk of the Senate may be selected by the Em peror from the membership of the Senate. If so, he may not participate in the deliberations of the Senate or vote unless he temporarily relinquishes his admin istrative position and takes his place on the floor of the Senate. The Clerk and Assistant Clerk of the Chamber of Deputies may not be selected by the Em peror from the membership of the Deputies. (b) Election and Appointment of Presiding Offi cers.

The President and two Vice-Presidents of the Senate are appointed by the Emperor from the membership of the Senate under Article 107 of the Constitution. The first order of business for the Chamber of Depu ties at the beginning of each annual session is the election, from its membership by secret ballot and by majority vote, of the three presiding officers composed of a President and two Vice-Presidents. In order to conduct such an election, the Clerk of the Chamber of Deputies names the person who has seniority in the Chamber to serve as temporary presiding officer. If there is no such person, the Clerk appoints someone else for this purpose. The President and Vice-Pres idents of the Chamber of Deputies are elected anew at the beginning of each annual session and are eligible for re-election in future years. The same is true as to the appointment of the presiding officers of the Senate by the Emperor. After each election by the Chamber of Deputies of their President and two Vice-Pres idents, the President and the two Vice-Presidents are presented by the President of the Senate to the Em peror for His assent.

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The Presidents of both chambers vote only when it is necessary to break a tie vote. The President and Vice-Presidents of both chambers do not participate in the deliberations on the floor of the chamber. If they wish to do so, they must relinquish their respec足 tive presiding positions. In each chamber the first Vice-President presides in the absence of the President and the second Vice-President presides in the absence of the first Vice-President. (c)

Committee Selection. (i) Standing Committees. The next order of business of the two chambers after the selection of the presiding officers is to select the members of the all important seven Standing Com足 mittees of each respective chamber, whose vital :(unc足 tions are best described by their respective committee names as follows: (a) Selection; (b) Budget; (c) Community Development; (d) Economics and Finance; (e) Defense; (f) Foreign Affairs; and (g) Legal. Each Standing Committee elects its own chairman, and members of either chamber may be named to serve on one or more committees of his respective chamber. Each committee makes its own rules of procedure con足 sistent with the general rules and regulations of its respective chamber. Each chamber may also appoint additional ad hoc special committees as the need arises. Committee decisions are taken by majority vote with the chairman voting only when necessary to break a

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tie. All committees are selected anew at the beginning of each annual session for both chambers. The members of the Chamber of Deputies first elect by majority vote the members of the Selection Com mittee. This committee then selects the membership of the other committees and recommends their appoint ment through election by a majority vote of the Chamber. The nominations of the committee are usu ally accepted by the respective chamber. Each of the seven Standing Committees of the Chamber of Dep uties contains fourteen members. In the Senate, the Selection Committee consists of thirteen members composed of the President, both Vice-Presidents, the Clerk and nine other members chosen by the Senate from a list of twenty candidates selected by the President. The Selection Committee then appoints the members of the other six Standing Committees. The membership of the seven Senate Standing Committees varies from seven to thirteen. (ii) Joint Committees. Joint committees may also be created to expedite the consideration of urgent matters by either: (a) A committee of one chamber meeting with a committee of the other chamber; or (b) A new single joint committee being formed by drawing from the membership of both chambers. Joint committees have equal representation from each chamber and are used mainly to recommend a course of action to both chambers when they sit in joint session. (d) Daily Agenda.

The daily agenda of each chamber is based upon the following order of priority after a reading of the min utes of the session of the previous day:

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(1) Messages from the Emperor; (2) Decrees pending Parliamentary approval; (3) Legislative proposals (also known as Bills, Draft Legislation or Draft Proclamations) presented through the Prime Minister; if several proposals are submitted simultaneously, the Prime Minister stipu lates the order of priority for separate consideration; (4) Committee reports; (5) Notices issued by the President; (6) Pending business; (7) Legislative proposals presented by at least 10 of the members, known as Private Members' Bills. If several such Bills are presented simultaneously, the President of the chamber concerned decides on an or der of priority. These Bills have a priority on Fridays over any legislative proposals submitted by the Prime Minister. If the Prime Minister states that the Draft Legisla tion which he submits is of an emergency nature and both chambers by majority vote so agree, the pro posal may be considered immediately by the chambers in separate or joint session without going through the committee process. (5) NATURE OF BUSINESS.

(a) In General. Parliament is primarily concerned with: (i) the approval of Proclamations, (ii) the approval or disapproval of Decrees and;

(b) Resolutions.

Occasionally it may issue a Resolution which reflects its strong opinion on a matter without necessarily hav ing the impact of law. For example, in 1966, the Chamber of Deputies gave its unanimous approval to

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the selection by the Emperor of H. E. Tsahafe Taezaz Aklilu Habte Wolde as Prime Minister under Order No. 44 of 1966. This Order authorized the Prime Min ister to select the members of his cabinet for the first time in the history of the Empire, subject to the final approval of the Emperor. B. Draft Legislation. (1) SOURCE OF POWER.

Legislative proposals in the form of Draft Legis lation may be submitted to either chamber of the Par liament for its consideration by either: (a) The Emperor acting through the Prime Min ister; or (b) Ten or more members of either chamber who sponsor what is called a Private Members' Bill. The procedure for consideration by the Parliament of Draft Legislation is identical whether it originated as a request from the Emperor in style B (1) (a) supra or from the members themselves in style B (1) (b) supra. All fiscal measures, however, m,rust orig inate in the Chamber of Deputies. (2) STEERING OF PROPOSED LEGISLATION.

(a) Committee Hearing. Draft Legislation, accompanied by a covering let ter or memorandum, is read aloud to the members of the respective chamber to whom it has been submitted. The members by majority vote then decide either: (i) to consider it immediately on the floor of the chamber, or (ii) to refer it to the appropriate committee, which is the more usual procedure.

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If referred to committee, the members thereof dis cuss in detail each provision of the Draft Legislation. They may question the Minister or government offi cial concerned for any enlightenment or guidance he may be able to give. Likewise, if it is a Private Mem bers' Bill, they may ask the sponsors of the proposal to confer with them. Amendments, deletions or addi tions may be made by the committee to the Draft Leg islation. The Legal Committee is also consulted to make certain that the final version of the Draft Legis lation under consideration by the committee is in ap propriate form and in accordance with the law. The onlYi Draft Legislation which is not so submitted to the Legal Committee is the one dealing with the budget. (b) Reporting Out.

The committee which considered the Draft Proc lamation presents to the full chamber its recommenda tion along with an accompanying report, including a minority report if there is one. The alternative rec ommendations of the committee report to the full chamber are : (1) To report the Bill favorably, either in its orig inal or amended form; (2) To "kill" the Bill or recommend its rejection; or (3) To recommend a postponement in the consid eration of the Bill. When a Bill is thus reported out by a committee, it comes before the full chamber for deliberation. Ordinarily, under Article 73 of the Constitution, an official from the office of the Prime Minister is charged with the responsibility for Parliamentary affairs and

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he regularly attends sessions of both chambers to an swer any questions concerning any Draft Legislation. But either chamber may also request the presence of the Prime Minister, a member of his Cabinet or any other government official to explain the proposed legis lation. The full chamber then debates the Bill item by item, at the end of which full discussion it votes on the Bill as a whole. The various courses of action available at this stage are: (1) To send the Bill back to the same or another committee for further consideration; (2) To reject the Bill; (3) To approve the Bill in the form in which it was submitted; or (4) To approve the Bill in amended form. If alternative (3) or (4) above is taken, the Pres ident of the chamber sends the Bill, with the counter signature of the Clerk of the chamber, to the President of the other chamber. (c) Consideration by Other Chamber.

When Draft Legislation is so approved by one cham ber and sent to the other, the receiving chamber may refer it to committee for reporting back (which is the usual procedure), or consider it immediately. In either event, it then has the following alternative courses of action: (1) Approve the Draft Legislation by majority vote within two months in the exact form in which it was received from the other chamber. In this event, it is promptly forwarded by the Presidents and Clerks of both chambers through the Prime Minister to the Em peror for His consideration. See C infra for a discus-

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sion of the alternative courses of action which may be taken by the Emperor; (2) Approve it by majority vote within two months with amendments. In this event, the matter is referred back to the other chamber for further consideration along the lines already discussed in B (2) swpra. If the other chamber accepts and approves the proposal in the identical amended form in which it was re ceived, the Draft Legislation is forwarded to the Em peror through the usual channels for His consider ation. See C infra. If the other chamber does not ap prove the amended version in the identical form in which it was received within thirty days, or if it itself makes other amendments, a joint session is held as described in B (2) (d) infra. (3) Take no action within two months. In this event, a joint session is held as described in B (2) (d) infra.

(4) Reject the Draft Legislation. In this event, full reports on the matter are submitted by the Presidents of both chambers through the Prime Minister to the Emperor for any action He may wish to take. (d) Joint Session.

If no action is taken by a chamber on Draft Legis lation submitted to it by the other chamber within two months the matter is discussed in joint session as pro vided in Article 89 of the Constitution. A joint session may also be held if a chamber receiving amended Draft Legislation does not approve it within thirty days. One of two courses of action may be taken in a joint session: (1) If the Draft Legislation is approved within thirty days, with or without further amendments, by a

�

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majority vote of the joint session, the matter is for warded immediately to the Emperor for His action as discussed in C infra. (2) If the chambers cannot agree, the respective Presidents of both chambers make a report of the deadlock, through the Prime Minister, to the Emperor. Pursuant to Articles 88 and 91 of the Constitution, the Emperor may then transmit to the Parliament: (i) His observations in regard to the report or, (ii) A proposal of legislation on the same subject. In either of the above two events, B (d) (2) (i) or B (d) (2) (ii) supra, the Parliament then considers the matter again along the same lines already dis cussed in B (2) supnl!. If a negative vote is eventually forthcoming, the Presidents of both chambers render their separate reports to the Prime Minister for for warding to the Emperor. The Prime Minister, in this instance, may also simultaneously submit to the Em peror his own report on the matter, which may include the opinions of the Ministers concerned. If, after due deliberation, an affirmative vote of Parliament is forthcoming, the matter is referred through the Prime Minister to the Emperor for His action as described in Cinfra. C. Action by the Emperor.

Whenever a legislative proposal has been approved by a majority of the Parliament, whether in separate or joint session, the Emperor may do one of three things: (1) Approve the Draft Legislation. In this event, the Signature and Great Seal of the Emperor are af fixed thereto and the Minister of Pen publishes the

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law immediately in the Negarit Gazeta, at which time it becomes effective as law unless a later date is spec足 ified. (2) Return the Draft Legislation to the Parliament with His recommendations for either changes in the proposal or a new proposal. In this event Parliament considers the matter again in the same fashion al足 ready described in B (2) supra. (3) Consider it indefinitely. The only remedy for the Parliament in this event is to request an explana足 tion from either the Prime Minister or the member of his Cabinet most directly concerned with the mat足 ter.

CHAPTER 6. THE COUNCIL OF MINISTERS. A. FORMATION. (1) In General. (2) Private Cabinet Distinguished. B. DRAFT PROCLAMATIONS. C. DECREES. (1) Source of Power. (2) Process. (3) Effect of Approval or Disapproval of a Decree by the Parliament. (a) Issuance of Notice of Approval. (b) Approval With Amendments. (c) Issuance of Notice of Disapproval. (d) Divided or No Action by Parliament. D. ORDERS. (1) Source of Power. (2) Process. (3) Ministerial Orders. E. LEGAL NOTICES. (1) Source of Power. (2) Process. F. INTERNATIONAL LAW. (1) Source of Power. (2) Process.

A. Formation. (1) IN GENERAL. The Emperor selects the Prime Minister, who in turn nominates for appointment by the Emperor the heads of the various executive departments of the Govern ment, who collectively constitute the Council of Min isters, pursuant to Order No. 44 of 1966. The functions of these executive department heads are self-explana tory from their names which are listed below : 1. Office of Prime Minister;

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2. Central Personnel and Pension Administration Agency; 3. Ministry of Pen; 4. Ministry of Imperial Court; 5. Ministry of Interior; 6. Ministry of Finance; 7. Ministry of National Defense; 8. Ministry of Education and Fine Arts; 9. Ministry of Commerce and Industry; 10. Ministry of Justice; 11. Ministry of Agriculture; 12. Ministry of Public Health; 13. Ministry of Communications; 14. Ministry of Planning and Development; 15. Ministry of National Community Development and Social Affairs; 16. Ministry of Mines; 17. Ministry of Foreign Affairs; 18. Ministry of Land Reform and Administration ; 19. Ministry of Public Works; 20. Ministry of Information and Tourism; and 21. Ministry of Post, Telegraph and Telephone. Some of the members of the Council of Ministers are not at the head of one of the above departments, such as the Minister of State in the office of the Prime Minister. The above Ministries are listed arbitrarily and not in order of importance. The present Prime Minister also serves as Minister of Pen. Numbering 23 in all, in different departments, the Ministers, known as the Council of Ministers or Cabinet, are under the leaderÂ ship of the Prime Minister who serves as chairman and to whom they are responsible. To avoid confuÂ sion with the Private Cabinet, discussed in A (2)

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infra, they will be referred to hereinafter as the Council of Ministers and not the Cabinet. Originally established by Emperor Menelik II in 1908, the Council of Ministers acts as a clearing house for the initiation of substantive legislation by the Emperor, as is evidenced by the statement "On the advice of Our Council of Ministers" which normally appears in the Preamble of Orders, Proclamations and Decrees. Neither the Prime Minister nor any member of the Council of Ministers may be a member of either cham ber of Parliament. Not only must each one be a native born Ethiopian citizen but in addition both of his parents must have been Ethjopian citizens at the time of his birth. No woman has as yet served in the Coun cil of Ministers although Woizerit Yodit Imru be came the first Ethiopian lady to achieve ministerial status when she was appointed Vice-Minister in the Ministry of Foreign Affairs. Princes eligible for suc cession to the Crown may not be appointed to the Council of Ministers. (2) PRIVATE CABINET DISTINGUISHED.

The Council of Ministers or Cabinet as described above must be distinguished from His Imperial Majesty's Private Cabinet which was established in 1959. No Order or other official statement has ever been issued on the powers, organization or legal status of the Private Cabinet, although its budget is classi fied under the same heading as the Ministry of the Pen. Essentially, the Private Cabinet acts as an ex pert advisory staff to the Emperor, keeping Him in formed on various specialized and technical matters. It incorporated a number of previously existing de-

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partments of the Imperial Secretariat and presently includes the following divisions: 1. Chronicles; 2. Political; 3. Press; 4. Judicial; and 5. Religious Affairs. The Private Cabinet also has attached to it several other institutions such as a special Chief of Staff on Military Matters. Division number 4 above offers the Emperor judicial advice with respect to the "Supreme Court" known as chilot. This branch of the judiciary is unique to Ethiopia, for a thorough discussion of which one should consult the excellent article by Pro足 fessor Robert Sedler entitled "The Chilot Jurisdiction of the Emperor of Ethiopia" which may be found in Volume 8 of the Journal of African Law at page 59 (1964). In effect, the Emperor thus sits both as a supreme court of original jurisdiction and the ulti足 mate court of last resort. No sentence of death may be executed without His express approval. B. Draft Proclamations.

The Council of Ministers prepares its own rules and regulations for the conduct of its business sub足 ject to the approval of the Emperor. When the enact足 ment of a Proclamation is deemed necessary by a Minister or the chairman of any government agency, he submits a Draft Proclamation to the Council of Ministers for its consideration, accompanied by a covering letter explaining the need for and purpose of the proposed legislation. The Draft Proclamation is usually prepared or reviewed either by the Legal Department of the Prime Minister's office or by the

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Legal Department of the authority which submits it. The purpose of this clearance by expert counsel is to standardize the form of all legislation and ensure that the new law, if enacted, will not duplicate or conflict with existing law. On receipt of the Draft Proclamation, in Amharic and English, along with the covering letter, if every thing is in order the Secretary-General of the Coun cil of Ministers inserts it as the last item on the agenda for the next meeting of the Council. Copies of these documents are then prepared for distribution to each Council member. The Secretary-General also has on hand for reference at the future meeting of the Council which considers the Draft Proclamation all the factual and legal data which the members may need in their deliberations. After the Draft Proclamation has been duly con sidered by the Council, with or without a study by an ad hoc committee, it is voted upon. If a majority of the Council approve, the proposed legislation, in cluding any amendments which may have been made by the Council, is submitted to the Emperor by the Prime Minister along with the minutes of the Coun cil. If the proposal is approved by the Emperor, a Note of Approval to this effect will be addressed to the Prime Minister through the office of the Secre tariat of the Council of Ministers. Upon receipt of this Note, the Secretary-General of the Council sends copies of the Draft Proclamation, together with the extract of the Council minutes and the original Note of Approval, to the Office of the Prime Minister. He retains a copy of the Note for the records of the Council. The decision of the Council which has been ap proved by the Emperor is then communicated by

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the Prime Minister to Parliament in the form of a proposal for legislation from the Emperor. Except for those Annual Financial Reports required by Article 120 of the Constitution, all Draft Procla mations, including the Draft Proclamation for the approval of the budget, are normally submitted first to the Chamber of Deputies. The Annual Financial Report and some urgent proposals for law, however, are submitted to both chambers of Parliament si multaneously. With the approval of the President of the respective chamber, the Draft Legislation is then included on the agenda by the Clerk, for consider ation by the chamber. It is thereafter processed through Parliament in the identical fashion as a Private Members' Bill, already discussed in Chap ter 5, B supra. C. Decrees. (1) SOURCE OF POWER.

By virtue of Article 92 of the Revised Constitu tion of 1955, in case of (1) an emergency that may occur and (2) when Parliament is not in session, the Emperor may enact a Decree which has the force of law upon publication in the Negarit Gazeta un less a later date is specified. (2) PROCESS.

Draft legislation to be enacted as a Decree may be submitted by any Minister to the Council of Min isters, where it goes through the same process de scribed herein in Chapter 6, B, in the case of a Draft Proclamation. If the proposal for Decree legislation agreed upon by the Council of Ministers and sub mitted to the Emperor pursuant to Article 72 of the

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Constitution, is approved by His Imperial Majesty, it is enacted under Article 92 of the Constitution and becomes effective immediately upon publication by the Minister of Pen in the N egarit Gazeta (unless some later date is specified) pending subsequent ap proval or disapproval by Parliament, at its first meeting following the enactment. To meet this re quirement, the text of the Decree is transmitted through the usual channels for consideration by both chambers of Parliament, usually within the month of November each year. Parliament gives first pri ority in each session to consideration of laws en acted as Decrees. The law which had been enacted as a Decree goes through the same steering process as a proposal for a Proclamation, all as provided in Articles 88, 89 and 90 of the Constitution, and de scribed herein in Chapter 5, B. The final decision of both chambers of Parliament is likewise communi cated to the Emperor through the usual channels. If no action is taken by Parliament at the first ses sion when a Decree is so presented, the matter may be considered again at any future session of Parlia ment. (3) EFFECT OF APPROVAL OR DISAPPROVAL OF A DECREE BY THE PARLIAMENT. (a) Issuance of Notice of Approval.

In the event that both chambers of the Parliament expressly approve a Decree by majority vote pur suant to Articles 88, 89, or 90 of the Constitution, the Decree continues in force and the approval is published in the Negarit Gazeta. (See, for example, Notice of Approval No. 8 of 1963, approving the Civil Aviation Decree of 1962). Once a Notice of Approval has been issued, Parliament may not there-

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after repeal that Decree through the issuance of a Notice of Disapproval. If Parliament wishes to re peal that particular Decree, it must do so through a Proclamation, which of course requires the approval of the Emperor before it becomes effective. (b) Approval With Amendments. In the event that Parliament approves a Decree subject to certain amendments, the text of the Decree as amended by Parliament, upon approval by the Em peror, is published in the Negarit Gazeta as a Procla mation. (See, for example, Proclamation No. 210 of 1963, approving Labor Relations Decree No. 49 of 1962, as amended.) If the Emperor makes any change in the amended Decree, which has been sub mitted to Him by Parliament, it is returned to Parlia ment. When both chambers approve, it is sent to the Emperor for His approval and promulgation as a Proclamation. If Parliament does not approve of the amendments which the Emperor has proposed to their amended Decree, there is a stalemate. In this event, the original Decree remains in effect as law until such time as a majority of both chambers of Parliament issue a Notice of Disapproval as discussed in C (3) (c) infra. (c) Issuance of Notice of Disapproval. On the other hand, in the event that the Parlia ment disapproves a Decree by majority vote of both chambers, such Decree ceases to have the force of law upon publication of the disapproval in the Negarit Gazeta. (See, for example, Notice of Dis approval, No. 1 of 1963, concerning the Building Ma terial Excise Tax Decree of 1960). The Parliament notifies the Emperor, through the Prime Minister, of its action. This is done purely as

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courtesy to the Emperor, who does not have any veto power over this action. The Notice of Disapproval is then immediately published in the Negarit Gazeta by the Minister of Pen. (d) Divided or No Action by Parliament. In most cases, Parliament neither expressly rati fies nor expressly rejects a Decree, in which event the Decree retains its status as law. An example of this practice would be Decree No. 45 of 1961 which prescribes flogging for penal offenses concerning the "disturbance of public opinion." Although the Cham ber of Deputies voted to reject it, no action was taken by the Senate. So the Decree is still in effect today since it was not repealed by a majority vote of both chambers of Parliament in the form of a Notice of Disapproval.

D. Orders.

(1) SOURCE OF POWER. An Order is a form of law issued by the Emperor alone under His own sovereign powers and preroga tives, set out chiefly in Chapter II (Articles 26, 27, 28, 29, 33, 34 and 36) of the Revised Constitution of 1955. These provisions expressly or impliedly vest the supreme authority in various matters of civil and military governmental administration in the Emperor to issue Orders directly without communi cating the same to Parliament. Such matters in clude the creation and organization of Ministries and agencies, the powers, duties, promotions and trans fer of all Ministers and government officials and many other similar affairs of the government of Ethiopia. An example of an important such Order which offi-

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cially appeared in the Negarit Gazeta is Order No. 7 of 1952, "Designation, Extension and Definition of the Powers of Ministers," pursuant to Article 11 of the 1931 Constitution, which was the basis of exec utive power of the Emperor, before the Revised Con stitution of 1955. Such Orders, when promulgated as law, may also empower the government Ministry, de partment, agency or authority so created, to issue rules and regulations in the form of a Legal Notice for the implementation of its functions or to put into effect the Order (See, for example, Article 5 of the Civil Aviation Order No. 25 of 1962). Most Orders are presently issued under Article 27 of the Revised Constitution of 1955, relating to the organization of the government. See, for example, Order No. 44 of 1966. An example of other types of Orders would be The State of Emergency on the Somalia Border, Order No. 32 of 1964, under Article 29 of the Constitution. (2) PROCESS.

Just as in the case of a Draft Proclamation or De cree, see B and C supra, an Order is prepared in a Ministry ( or occasionally by some other government agency), and submitted to the Council of Ministers for consideration. After proper processing, due de liberation and vote, the Council, through the Prime Minister, submits to the Emperor an affirmative pro posal for Order legislation, pursuant to Article 71 of the Constitution. If the Emperor approves the proposal, a Note of Approval to that effect is sent to the Prime Minister through the Secretariat of the Council of Ministers. The Secretariat then dispatches to the Office of the Prime Minister the Note of Approval with certified

)

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copies of the text of the proposed Order. The Prime Minister, as Minister of Pen, signs the Order, and sends a copy to the printing press for immediate publication in the Negarit Gazeta, at which time it becomes effective as law unless some later date is specified in the Order. The Parliament thus has no veto power over Orders, which it does have for De crees, Proclamations and Legal Notices. ( 3) MINISTERIAL ORDERS.

Article 44 of the Revised Constitution of 1955 and Article 1463 of the Civil Code of 1960, among other provisions, both mention "Ministerial Orders" which are to be approved by the Council of Ministers and should be published in the Negarit Gazeta. Used in frequently, a recent example would be the Ministerial Order of the Prime Minister governing future gov ernment service for government employees and students who receive higher education at government expense. A Ministerial Order is thus drastically dif ferent from and less important than an Order issued by the Emperor. E. Legal Notices. (1) SOURCE OF POWER.

The provisions of a Proclamation, a Decree, or an Order may authorize Ministers or other government authorities to issue subordinate laws in the form of a Legal Notice. The Legal Notices must be submitted for the consideration of the Council of Ministers if they relate to taxation or otherwise directly affect the rights and liabilities of the people. Other types of Le gal Notice and municipal law however, do not manda torily have to be so submitted to the Council. Dele-

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gated legislation in the form of a Legal Notice may even amend or repeal primary legislation (Procla mation, Decree or Order) if the primary legisla tion which authorized the Legal Notice so empowered it. See Legai Notice No. 302 of 1964, as an example. (2) PROCESS.

The Ministers deliberate on an appropriate Draft Legal Notice in the Council of Ministers, due to their collective responsibility, in the same fashion already discussed for Proclamations, Orders and Decrees with the exception that Legal Notices are not cleared through the Emperor. Whereas a Legal Notice may be repealed or amended by another Legal Notice, Proclamation, Or der or Decree, by an authority empowered to legis late in the area, when repealed or amended by a Le gal Notice it should only be by the same authority which promulgated the original Legal Notice. For ex ample, Legal Notice No. 153 of 1951, issued by the Minister of Commerce and Industry, was later amended by the Minister of Commerce and Industry in Legal Notice No. 159 of 1952. F. International Law. (1) SOURCE OF POWER.

Under Article 30 of the Revised Constitution of 1955, the Emperor alone exercises the supreme direc tion of foreign affairs of the Empire but certain Treaties and International Agreements (such as those relating to peace, involving loans, or modifying legislation in existence) must be approved by a ma jority vote of both chambers of Parliament before becoming legally effective. E-5

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(2) PROCESS.

Treaties and other International Agreements are processed through the Council of Ministers and Parliament for approval by the Emperor in the same fashion as Proclamations previously discussed in Chapter 5, B.

CHAPTER 7.� THE JUDICIARY. A. INTRODUCTION. B. THE COURTS. (1) In General. (2) Local. (3) Muslim. (4) Ecclesiastical. (5) Summary. c. Hrs IMPERIAL MAJESTY'S CHILOT. D. FIRD MIRMERA AND SEBRE SEMI.

A. Introduction.

The judicial system of Ethiopia consists of two parts, the courts and His Imperial Majesty's chilot. This chapter will consider the place of both institu tions in the judicial system and the relationship be tween them. B. The Courts. (1) IN GENERAL.

The judicial power of Ethiopia is vested in the courts established by law. The Revised Constitution of 1955 which is presently in effect provides for the existence of the Supreme Imperial Court and "such other courts as may be established by law." The judi cial power is defined as the power to decide cases in accordance with the law. In light of these constitu tional provisions, an Ethiopian court may be defined as a tribunal established under the law to decide cases in accordance with the law. Other tribunals, such as the Labor Relations Board, may perform * The information in this chapter has been taken largely from SEDLER, CIVIL PROCEDURE IN ETHIOPIA, Chapter II (1968}.

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what appear to be and what sometimes are, in fact, judicial functions, but such administrative agencies are not courts within the constitutional definition, and, therefore, it is not correct to refer to them as courts. Thus, although the Labor Relations Board may in some instances be adjudicating cases, it is not a court in the constitutional sense. It is not estab lished as a court in the laws allocating judicial power, and its members are not judges as the term is used in the Constitution. His Imperial Majesty also ex ercises a type of judicial power in chilot, as discussed later in this Chapter, but again this is not judicial power as the term is used in the Constitution, and the exercise of such power differs in significant re spects from the exercise of judicial power by the courts. Chilot is thus clearly not a court in the strict legal sense of the term. Since the Supreme Imperial Court is provided for in the Constitution, it can never be abolished by legis lation, although its jurisdiction, as that of the other courts, is to be determined by law, i.e., legislation. The constitutional pattern follows that of the Ameri can Constitution, where the Supreme Court of the United States is established by the Constitution, but its jurisdiction is to be determined by Congress. Con gress is also to establish courts subordinate to the Supreme Court and to define their jurisdiction. The basic structure of the Ethiopian court system was established by the Administration of Justice Proclamation of 1942. Until this Proclamation is re pealed or superseded, it remains the "law authorizing other courts," as the term is used in Article 109 of the Revised Constitution. The jurisdiction of the courts is now defined by the Criminal Procedure Code and the Civil Procedure Code. The 1942 Procla-

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mation provided for, in addition to the Supreme Im perial Court, the High Court and Provincial (Taklay Guezat) Courts. It further provided in Article 18 of the Proclamation that "it shall be lawful for Us to establish by warrant under Our hand other courts of criminal and civil jurisdiction which shall be sub ordinate to the Provincial Courts." Subordinate courts were subsequently established, but the orders for mally establishing them and setting jurisdictional limits were not published in the Negarit Gazeta (the official Law Reporter discussed in Chapter 8). It is believed that this was accomplished by a circular pub lished by the Ministry of Justice. The courts so estab lished were the Awradja Guezat (District) Court, the Woreda Guezat (Sub-district) Court, and the Mektl Woreda (Village) Court. The Mektl-Woreda Court was staffed by the administrator of the Mektl-Woreda. It should be noted that Governors-General, Governors and Mislenies (administrators) were authorized to sit as Presidents of the Taklay Guezat, Awradja Guezat, and Woreda Guezat Courts respectively. For the most part, however, this power has rarely been exercised. The 1942 Proclamation has never been repealed or superseded, and the courts established under both that Proclamation and the subsequent circular must be considered to constitute the courts established by law within the meaning of Article 108. Thus, it is tech nically correct to say that there are six levels of courts in Ethiopia. However, the 1961 Criminal Pro cedure Code did not confer any criminal jurisdiction on the Mektl-Woreda or Teklay Guezat Courts. In 1962 Parliament enacted a Courts Proclamation, No. 195, which abolished those two courts and increased the jurisdictional limits of the others. That Procla mation has been suspended except for Eritrea, and

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was not reinstated, so those courts continued to exer cise jurisdiction in civil cases in accordance with the 1942 Proclamation and the subsequent circular. The Civil Procedure Code, like the Criminal Procedure Code, did not vest any jurisdiction in those courts, and for all practical purposes they have been abol ished. Judges assigned to the Teklay Guezat Courts have been transferred to other courts. The a·dminis trator of the Mektl-Woreda was simply relieved of his judicial duties. But until the 1962 Proclamation is reinstated, those two courts technically form part of the judicial system, though they do not presently exercise jurisdiction. Today then, the judicial system of Ethiopia con sists of four levels of courts: the Supreme Imperial Court, the High Court, the Awradja Guezat Court and the Woreda Guezat Court. The Supreme Imperial Court has always exercised only appellate jurisdic tion, hearing appeals from cases originating in or varied by the High Court. It should be noted, how ever, that a Minister may only be tried before the Supreme Imperial Court upon charges of an offense committed in connection with his official functions. Such prosecution may be initiated either by order of the Emperor or by a majority vote of both houses of Parliament. In such a case the court would be exercis ing original jurisdiction. The Afe Negus ("Mouthpiece of the Emperor") is the President of the Supreme Imperial Court, and Vice-Afe Neguses have also been appointed. The court sits in Addis Ababa, but there is also a branch for Eritrea, sitting in Asmara. It sits in divisions, con sisting of three judges, usually presided over by Afe Negus or a Vice-Afe Negus. When the panel is not unanimous, decision is by majority vote. Under the

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1942 Proclamation, judges of the High Court were to be appointed to hear particular appeals in the Su preme Imperial Court. Now judges are appointed to the Supreme Imperial Court for indefinite periods, al though they retain the rank of a judge of the High Court. The High Court is a court of nationwide jurisdic tion. Originally it sat only in Addis Ababa, but now there are branches sitting permanently in most of the provincial capitals, and the court on circuit sits in the other capitals when judicial business so war rants it. There is a President and a Vice-President of the High Court of Ethiopia, and there are President Judges in each of the branches. It has original juris diction in the more important cases and appellate jurisdiction over cases coming from the Awradja Guezat Courts. In Addis Ababa and in some of the provincial capitals where this is warranted, it sits in divisions such as appellate, criminal, civil, commer cial, government cases and land cases. The cases are heard by a panel of three judges, with decision by majority vote. There is an Awradja Guezat Court, sitting in every Awradja Guezat. In addition to its original jurisdic tion, it hears appeals from the Woreda Guezat Court. Under the 1962 Proclamation it was to consist of three judges when exercising appellate jurisdiction and one judge when exercising original jurisdiction. Since the Proclamation has been suspended, however, the court appears to have continued the former prac tice of having three judges hearing original cases as well as appeals. Like the Awradja Guezat Court, the Woreda Guezat Court sits in each Woreda Guezat. It is the lowest court having jurisdiction in civil cases.

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Under the 1962 Proclamation it is to be constituted by a single judge. (2) LOCAL.

In addition to the above courts, there are also local judges, who exercise a sort of judicial power, and their role can be considered conveniently with that of the courts. The Local Judges Proclamation of 1947 was designed to eliminate delay and court congestion caused by minor disputes which could be settled in formally by a respected figure in the community. In a sense it was an attempt to formalize the traditional Ethiopian institution of the shamagile (elder), al though in practice today there is sometimes conflict between the Atbia Dania, as the local· judges are called, and the shamagile (the person appointed as Atbia Dania may not always be recognized as a "shamagile" by the community). The Proclamation provides for the appointment of an Atbia Dania in each "locality." Jurisdiction is limited to cases not exceeding $10. The Atbia Dania is to try to settle the dispute, but if this is impossible, he may render a decision. The parties may "appeal" his decision to the Woreda. Guezat Court, but that court hears the case over again, so this is not an appeal in the true sense. The Atbia Danias are appointed by the Minister of Justice from lists submitted by the Presidents of the Awradja Guezat and Woreda Guezat Courts, who are to consult with local elders. They are not paid by the government, and some reportedly charge fees for their services, although they are not supposed to do so. The 1962 Proclamation expressly provided that the Atbia Danias should exercise jurisdiction in ac cordance with the 1947 Proclamation, which reflects the view that such officials will be necessary for some

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time to come. However, they should be considered as the "minor judiciary," and are not a part of the regu lar court system. (3) MUSLIM.

A serious question concerns the status of Moham medan religious courts. Such courts were established in 1944, and unless abolished by subsequent legis lation, they constitute courts authorized by law with in the meaning of Article 109 of the Revised Consti tution. The 1944 Proclamation provided for three levels of courts: Naibas Councils, Kadis Councils and the Court of Shariat, which is the court of last resort. These courts have jurisdiction in two classes of cases: (1) Questions regarding marriage, divorce, mainte nance, guardianship of minors, and family relation ship, provided that the marriage to which the ques tion relates was concluded in accordance with Moham medan law or the parties are all Mohammedans; (2) questions regarding Wakf (religious endowment), gift, succession, or wills, provided that the endower or donor is a Mohammedan or the deceased was a Mohammedan at the time of his death. Of course, they apply the Mohammedan religious law of the Koran. The Minister of Justice was authorized to formulate rules of procedure and to define the territorial juris diction of the Naibas and Kadis Councils. Like other judges, the judges of these Muslim courts are ap pointed by the Emperor. Their judgments are en forced by the same execution officers used in civil cases. The 1944 Proclamation has never been expressly repealed and neither the 1962 Courts Proclamation nor the Civil Procedure Code of 1965 makes any ref erence to these courts. This is not necessarily sig nificant. These courts were established and their juris-

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diction defined by the 1944 Proclamation, and the ex ercise of such jurisdiction is not inconsistent with the provisions of the 1962 Proclamation or the Civil Pro cedure Code any more than it would be inconsistent with the provisions of the Administration of Justice Proclamation of 1942. The more serious question is whether the 1944 Proclamation has been impliedly repealed by the Civil Code of 1960. The provisions of the Code dealing with family law and succession make no exception for Mohammedans. These Muslim courts were originally created for the purpose of applying Mohammedan religious law in matters that, for per sons of that faith, are essentially of a religious na ture. If the Civil Code is to establish a uniform law for the Empire and to bind all persons irrespective of religion, it can be contended that Mohammedan law is abolished along with all other prior law and that courts can no longer exist for the purpose of apply ing such law. It would follow then that the 1944 Proclamation is impliedly repealed by the Civil Code. On the other hand, it could be contended that since such courts were in existence and were applying Mo hammedan law, the provisions of the Civil Code were not intended to abolish their jurisdiction nor to pre vent them from applying Mohammedan law in the cases assigned to them by the 1944 Proclamation. The latter interpretation seems to have been adopted by the executive branch, since it is reported that shortly after the promulgation of the Civil Code, the Minister of Justice, by circular, instructed these courts to con tinue to exercise jurisdiction in accordance with the provisions of the 1944 Proclamation. These courts continue to function today. In fact, the Court of Shariat sits as a branch of the Supreme Imperial Court and new judges have been appointed to fill va-

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cancies. The question of whether the 1944 Proclama tion was repealed by the Civil Code has not as yet been passed on by any of the civil courts. ( 4) ECCLESIASTICAL. The Ethiopian Orthodox Church was deprived of all jurisdiction in civil matters in 1942. Thus, a Church court is not a court within the meaning of the Constitution and cannot bind private persons in civil matters, though in practice, it may function as a court in ecclesiastical matters and in cases that parties voluntarily submit to it. Where the parties so volun tarily submit to the jurisdiction of the Church courts, it is as if they have submitted their claim to arbi tration and the provisions of law regarding arbitral submission would apply. (5) SUMMARY.

In summary, there are four levels of courts in Ethi opia. The Supreme Imperial Court, which hears ap peals from the High Court; the High Court, which exercises original jurisdiction in the more important cases and which hears appeals from the Awradja Guezat Court; the Awradja Guezat Court, which ex ercises original jurisdiction in cases of intermediate importance and which hears appeals from the Wo reda Guezat Court; the Woreda Guezat Court, which exercises original jurisdiction in the less important cases. There are also local judges who hear cases of a very minor nature, which may be tried over again de novo in the Woreda Guezat Court. Mohammedan courts continue to function, although there is a ques tion as to whether the Proclamation establishing them has been impliedly repealed by the Civil Code.

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C. His Imperial Majesty's Chilot. The institution of His Imperial Majesty's chilot has long existed in Ethiopia and continues to function to day. It is, therefore, necessary to define the important role of chilot in the judicial system of Ethiopia, that is, to define the legal basis of the institution today and the relationship between jurisdiction in chilot and the exercise of judicial power by the courts. In approaching the matter, one must first consider the kind of legal institution that chilot represents. Is it a court? Or is it something other than a court? The lay man would answer as follows: "Of course, it is a court. In chilot the Emperor hears a case and ren ders the final judgment. Since this is what courts do, chilot must be a court." Obviously, this is not the way that the lawyer answers the question. The ques tion for him is whether chilot is technically a court in the sense that the term is used in the provisions of the Ethiopian Constitution and laws defining ju dicial power. It is clear that in this latter strict legal sense chilot is not a court. Chapter VI of the Revised Constitu tion provides for the exercise of judicial power by the courts, and chilot is not mentioned in that chapter. Article 108 of the Constitution provides that the judi cial power is to be vested in the courts (in the Am haric, fird biet, literally "House of Justice") estab lished by law. Under Article 109 of the Constitution, the Supreme Imperial Court is provided for, and other courts are also authorized to be established by law. Since the Constitution provides for the Supreme Imperial Court and authorizes the establishment of other courts, presumably the Supreme Imperial Court is to be at the apex of the court structure. It would be

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anomalous if there were yet another "court," not provided for in the Constitution, also exercising the judicial power as defined in Chapter VI of the Con stitution. A clear distinction between the courts established under Article 109 and chilot is also made by the pro visions of the Criminal Procedure Code and the Civil Procedure Code. Article 181 of the Criminal Pro cedure Code provides that "an appeal shall lie in ac cordance with the provisions of Article 182." The final tribunal mentioned in Article 182 is the Supreme Im perial Court. However, Article 183 provided specifically that: Nothing in Article 182 shall prevent an ap plicant who has exhausted his rights of ap peal under Article 182 from applying to His Imperial Majesty's Chilot for a review of the case. A similar provision is contained in Article 322 of the Civil Procedure Code. The distinction there is drawn between the right of appeal (in the Amharic, yeyigbeba amebit) to an appellate court and a review of the case (in the Amharic, endibayilet) in chilot. Chilot is thus treated as separate and distinct from the regular court system. If it is thus established that chilot is not a court in the sense that the term is used in the Constitution and laws defining judicial power, one must now ask just what chilot is, or to put it another way, What is the legal basis for the exercise of chilot jurisdiction in Ethiopia today? Since chilot is not mentioned in the Constitution, the source of such jurisdiction must be found elsewhere. To find the source, one must first trace the history of this institution in Ethiopia.

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From time immemorial (some 3,000 years) the people of Ethiopia have looked to the Emperor as the ultimate source of justice. To adjudicate disputes was a primary duty of the Emperor from the earliest times of which there is any evidence. The exercise of this power during the different periods of Ethi opia's history has been described in detail by a number of writers, including Alvdrez, Bruce, De Castro and Perham. It has been conclusively demon strated that the legal tradition of Ethiopia established the Emperor as the ultimate source of justice: After a case had been heard elsewhere, e.g., by a king or other ruler of territory, a party could petition the Emperor for review, and His decision was final. Even after courts were established: He continued to exer cise the power of review that He had always pos sessed. As one observer (Hambro) put it, "It is a thought dear to most Ethiopians that they can ob tain justice from His Imperial Majesty even if the courts have failed them." The concept of the sovereign as the ultimate source of justice is not unique to Ethiopia. A similar con cept existed in England, for example, when the King of England possessed the sovereignty under the "un written constitution" that the Emperor possesses un der the Ethiopian Constitution. The King was early recognized as the "fountain of justice and the con servator of the peace of the kingdom." Through the King's power to administer justice courts were estab lished, but even after the establishment of courts, the King was deemed to possess a residuum of justice to which persons could turn. This residuum of jus tice played a major role in the development of the English legal system.

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Since the sovereign prerogative of the King to do justice was recognized as an integral part of the English legal system, legal principles were developed to explain the nature of this prerogative, and these principles may be helpful in defining the nature of the institution of chilot in Ethiopia. The prerogative of the sovereign to see that justice was done included the following elements. First, he possessed the power to establish courts to administer the law of the land; as the King's au thority was consolidated, the jurisdiction of these courts superseded that of any other tribunal. Secondly, the sovereign possessed a residuum of justice to which people could turn when the courts "had failed them." The failure of the courts may have been either due to defects in the law they were applying or due to the manner in which they ad ministered that law. In other words, the courts may have misapplied the law, their proceedings may have been unfair, or the law itself may have been inade quate to meet the needs of justice in the particular case. In such circumstances, people could turn to the sovereign and ask for the exercise of his prerogative to see that justice was done. The concept of the English sovereign's preroga tive to see that justice is done can best explain the similar nature and legal basis of chilot jurisdiction in Ethiopia. The development of the Emperor's power in chilot exactly parallels the development of sov ereign prerogative in England, and the legal princi ples applicable to the sovereign prerogative of the King of England are equally applicable to the chilot jurisdiction of the Emperor of Ethiopia. We may therefore safely say that historically jurisdiction in chilot represented the exercise of the Emperor's sov-

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ereign prerogative to see that justice was done, a pre rogative which He continued to exercise after the establishment of courts, as was the case in England. One must now examine the current status of this prerogative in light of the Ethiopian Constitution and determine whether it was affected by the promul gation of the Constitution. By the Constitution, the Emperor has delegated some of His powers and pre rogatives to other agencies of the government and imposed certain limitations upon the exercise of some of His powers. For example, all the guarantees of Chapter III of the Constitution (Rights and Duties of the People) would apply to action by the Emperor which would infringe such rights. But sovereignty remains in Him in accordance with the provisions of the Constitution, especially Article 26. The fact that chilot is not mentioned in the Constitution does not mean that it is abolished by that document. It is sub mitted that since by the Constitution He voluntarily limited the absolute power He had previously pos sessed and continues to retain sovereignty, the powers and prerogatives previously exercised by Him remain unless they are either specifically abolished by the Constitution or their exercise would be inconsistent with the other provisions of the Constitution. In other words, although chilot (which, as we have said, is based on the sovereign prerogative of the Emperor to see that justice is done) is not mentioned in the Con stitution, since it is not specifically abolished by it, the power to exercise chilot jurisdiction continues to exist, that is, such exercise is constitutional, unless for the Emperor to exercise chilot jurisdiction would be inconsistent with the other provisions of the Con stitution. By way of analogy, it may be noted in pass ing that in England, even though, unlike Ethiopia,

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sovereignty is no longer vested in the Crown, the Crown is deemed not to be bound by an Act of Parlia ment except by express words or necessary implica tion and there is a presumption in favor of immunity. Chilot jurisdiction is fully consistent with the other provisions and the basic structure of the Constitu tion. The courts possess the basic judicial power, which is the power to decide cases in accordance with the law. The exercise of chilot jurisdiction does not interfere with this function, since the courts are free to decide cases in accordance with the law and hence to carry out their constitutional power. If the Em peror Himself or an executive official tr1ed to sit in the court and to pronounce judgment instead of the court, the court could not perform its responsibility under the Constitution, and the action of the Em peror or executive official would be inconsistent with Chapter VI of the Constitution. But this is not what happens when the Emperor exercises furisdiction in chilot. The court is free to decide the case. The sov ereign may subsequently exercise His prerogative to review the case, and since He is the ultimate source of justice, His decision in a particular case super sedes that of the courts. However, the fact that the decision of the court is not "final" does not mean that there has been an interference with the exercise of judicial power. Unlike the United States, for example, sovereignty is not divided among the three branches of Ethiopian government; there is no strict sepa ration of powers in Ethiopia in the same sense that the doctrine exists in American law. Where the courts possess a portion of sovereignty, then it may be con tended, as in the United States, that their judgments cannot be subject to executive revision. But where the courts do not possess sovereignty, then it cannot be

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said that they cannot properly perform their function unless their judgments are absolutely final. Their func tion is simply to decide the case before them in accor dance with the law, and they have performed that function before the case reaches chilot. Even in the United States, where the executive does possess a sov ereign prerogative such as the power to pardon, the exercise of that prerogative supersedes the decision of a court in a particular case. So, we see that even where finality of judicial decision is a constitutional require ment, the exercise of a sovereign prerogative by the executive is not inconsistent with the exercise of judi cial power by the courts. In Ethiopia, both the courts and the Emperor thus have a role to play in the administration of justice, the courts according to their grant of power under the Constitution and laws and the Emperor according to His prerogative to see that justice is done. Since the exercise of the Emperor's prerogative is not incon sistent with the exercise of judicial power by the courts, it is not repealed by Chapter VI of the Con stitution. The legal basis of chilot, then, lies in the sovereign prerogative of the Emperor to see that justice is done. This jurisdiction is distinct from the jurisdiction of the courts under the Constitution. And since chilot is based on this sovereign prerogative, its exercise is significantly different from the exercise of judicial power from the courts. This is so in two very important respects. Firstly, the exercise of jurisdiction in chilot is discretionary. The Emperor is not required to hear a particular case nor to exercise chilot jurisdiction at all. The omis sion of chilot in the Constitution is significant. Un der the Constitution the Emperor is given certain du-

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ties, such as that of maintaining justice through the courts, but He is not given the duty to exercise juris diction in chilot. People (including foreigners) have a right to present petitions to Him, which would in clude, of course, petitions seeking the exercise of His prerogative to do justice. But nowhere are they given the automatic or absolute right to have their case heard on the merits in chilot. The difference, then, between review in chilot and an appeal to a court established under the Ethiopian Constitution is as follows: A party has a right to ap peal to the appropriate court but no right to have his case reviewed in chilot. For example, it is provided that "an appeal shall lie from a judgment of the High Court in its original jurisdiction to the Supreme Im perial Court." This means that the Supreme Imperial Court must hear the case on the merits and render a decision affirming or reversing the decision of the High Court. The party who is unsuccessful in the High Court can take this appeal to the Supreme Im perial Court. But if he is unsuccessful there, all he can then do is to petition the Emperor for a review of the case in chilot; he has no right to have the case heard on the merits in chilot as he does on an appeal. Since chilot is based on sovereign prerogative, its ex ercise must be discretionary, for only the sovereign can decide whether there is a need for such exercise. A contrary interpretation would be inconsistent with the nature of a sovereign prerogative. Secondly, and this is the most important difference, in chilot the Emperor is not bound to decide the case in accordwnce with the provisions of the formal law, but may base His decision on principles of "justice and fairness" without reference to the law. He may mitigate the rigors of the application of the strict

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law in a particular case. The courts, of course, can not do this since they must exercise judicial power in accordance with the law, i.e., the Constitution, codes and statutes, and submit to no authority other than the law. This does not mean that sometimes the provisions of the formal law may not be sufficiently flexible so that the judges can interpret them to meet the needs of "justice" in the particular case. But other times they are not and cannot be. This may be especi ally true in the earlier periods of code application in a developing legal system. The law must be certain so that all persons may ascertain their rights and obligations. However, a provision of law which may be sound and just for the great run of cases may pro duce an unjust result when applied in a particular case, e.g., a controversy between persons living in a remote part of the Empire where all affairs have been governed by prior custom that is inconsistent with the present written law. In chilot the Emperor can grant relief from the effect of the law, which the courts cannot do in the exercise of their judicial power. The power of the sovereign is to "do justice" rather than to decide cases limited by the provisions of the law. One of the historical reasons for the maintenance of the prerogative in England long after the establish ment of a formal court system was to provide a device by which the rigors of the strict law might be miti gated in a particular case. The prerogative of the Em peror has similarly long been recognized as the power to "do justice" without being bound by the provisions of the strict law, and this feature remains today. This does not mean that the Emperor may not set aside a judgment because He believes that the applica tion of the law in the particular case was incorrect or

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because the proceedings were unfair. This is also a part of the sovereign prerogative to see that justice is done. But this is a function that the appellate courts can perform as well. The real utility of chilot is that it provides a device by which the rigors of the strict law can be mitigated in a particular case, which is ex tremely important while the legal system is develop ing and the application of the strict law in a par ticular case may produce an unjust result. For ex ample, in a well-known illustrative case His Imperial Majesty directed that a man who had been living with a woman should pay her a sum of money when he turned her out, although she was not entitled to such relief under the law.

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At this juncture we may consider the legal posi tion of the "Fird Mirmera" and the "Sebre Semi." Although these bodies are loosely termed "courts," they are not, of course, courts in the legal sense of the term, since they do not possess the judicial power, the power to decide cases in accordance with the law. They have no power to render a judgment, but can only make a recommendation to His Imperial Majesty. They should properly be considered as agen cies established by Him to assist Him in the exercise of His sovereign prerogative to see that justice is done through chilot. The main function of the Fird Mirmera is to screen petitions for review in chilot and decide whether they have any merit. It makes recommendations to the Emperor as to whether the case should be reviewed in chilot and may even make recommendations as to the disposition. When the Fird Mirmera decides that

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the petition for review lacks merit, it has the au. thority from the Emperor to dismiss it. The function of the Sebre Semi, on the other hand, is to give an opinion on questions of law when such questions have been referred to it by the Emperor. The Fird Mirmera also has the power to recom. mend that another appellate court hear the case, al足 though without such direction that appellate court would not have jurisdiction. For example, if a case originated in the Awradja Guezat Court, there could be an appeal to the High Court, but if the High Court did not vary the judgment, there could be no further appeal. But the Fird Mirmera may recommend and the Emperor may order the Supreme Imperial Court to hear the case, though in the absence of such order the Supreme Imperial Court would not have juris足 diction. The Emperor's power in this regard stems from Article 35 of the Revised Constitution, which imposes on Him the duty to maintain justice through the courts. The grant of this power encompasses the power to take such steps as are necessary for its ex足 ercise, which would include that of directing a court to hear a particular appeal, although in the absence of such direction the litigant would have no right to appeal to that court. His Imperial Majesty's chilot thus forms a very important part of the judicial system of Ethiopia. However, it is necessary to recognize once again that chilot is not a court in the legal sense, and that the exercise of jurisdiction in chilot is a very dif足 ferent thing from the exercise of judicial power by the courts.

CHAPTER 8. ADMINISTRATIVE AGENCIES. A. INTRODUCTION. B. THE CIVIL AVIATION ADMINISTRATION AND THE CIVIL AVIATION BOARD. (1) Background. (2) Creation. (3) Purpose and Objectives. (4) Organization. (5) Responsibilities. (6) Powers. C. THE GRAIN BOARD. (1) Background. (2) Creation. (3) Purpose and Objectives. (4) Organization. (5) Powers. (6) Subsequent Legislation. D. THE GRAIN CORPORATION. (1) Background. (2) Creation. (3) Purpose and Objectives. (4) Organization. (5) Powers. E. THE LIVESTOCK AND MEAT BOARD. (1) Background. (2) Creation. (3) Purpose and Objectives. (4) Organization. (5) Powers. F. THE TAX APPEAL COMMISSION. (1) Background. (2) Creation. (3) Purpose and Objectives. (4) Organization. (5) Powers. (6) Hearings. (7) Appeals.

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A. Introduction.

Administrative law is concerned with the creation, operation and control of administrative agencies. The development and growth of administrative law has been the most significant domestic legal development of a worldwide nature in the past century. And Ethi opia is no exception. Indeed, as in any other develop ing country, shifting from an agricultural to an in dustrial economy, the thrust of administrative law is sometimes explosive in nature. In general legal usage, the term Administrative Agency refers to any governmental authority, other than a court or legislative body, which affects the rights of private citizens through either the adjudi cation of disputes or the exercise of rule-making power. There is no standard identification or uni form name given, however, to a particular adminis trative agency. Thus, in Ethiopia we find the Labor Relations Board, the Civil Aviation Administration, the Grain Corporation, the Tax Appeal Commission, the Technical Agency, the Post Office, the Customs Bureau, and many others. In any event, the choice of name is purely arbitrary and carries no special legal significance. One may also contrast the administrative process, wherein the various administrative agencies execute their functions, on the one hand, with the judicial process, the executive process and the legislative process, on the other hand. But there is this big dif ference. The administrative process has more impact on the regulation of the daily life of the average per son than all of the other three put together. A Draft Proclamation for a proposed uniform code of administrative procedure is currently under con-

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sideration in Ethiopia to replace the present system wherein each administrative agency has its own rules of practice and procedure. (A copy of the proposed text is reproduced in Appendix B so the reader may glean the sophisticated state of current legislative draftsmanship in Ethiopia). Accordingly, this Chap ter will be concerned only with the substantive law dealing with the organization and operation of a few of the more important administrative agencies of Ethiopia. They are respectively, the Civil Aviation Administration, the Grain Board, the Grain Corpo ration, the Livestock and Meat Board and the Tax Appeal Commission. These illustrative samples will give the reader a sufficient cross-section of the administrative process in present operation in modern Ethiopia. For a coverage of other agencies, such as the Labor Rela tions Board and the Central Electoral Board, see my text Ethiopian Legal Formbook (1966). B. The Civil Aviation Administration and the Civil Aviation Board. (1) BACKGROUND.

The first reference to the regulation of civil avi ation in Ethiopia was made in Section 25 of Order No. 19 of 1943, when the duty to supervise civil air transport and to control tariffs was imposed on the Minister of Public Works and Communications. A semi-independent Civil Aviation Department (CAD) within the Ministry of Public Works and Communi cations was also later established informally in 1943 without the benefit of enabling legislation. In December of 1944, Ethiopia, as a founding mem ber, signed the United Nations Convention on the

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International Civil Aviation Organization (ICAO). Soon thereafter, the Ethiopian Air Lines (a national carrier thereafter known generally as EAL), was cre ated under a Charter by General Notice No. 59 of 1945. The EAL Charter gave this wholly-owned gov ernment corporation powers which are normally re served to a governmental agency for the regulation of civil aviation. Thus, under Section 12 of the Charter, EAL was empowered to issue and validate airworthiness certificates for all flight and ground personnel registered in Ethiopia subject to the ap.. proval and countersignature of the Director of the Department of Civil Aviation. However, the Depart ment of Civil Aviation did not have sufficient qualified personnel to assume this function at that time so the Director General's approval was a mere formality. EAL was thus in the unique position at the time of being the only self-licensing, self-certifying and self-disciplining air line in the World. The rapid growth of aviation activities in Ethi opia soon led to the expansion of the Civil Aviation Department. With the assistance of the Interna tional Civil Aviation Organization, an extensive training program was undertaken both locally and abroad from 1950 to 1957 and a functioning Technical Organization of the Department of Civil Aviation came into being. Gradually, the Civil Aviation De partment took over from EAL responsibilities in the field of registration of aircraft, licensing of person nel, issuance and validation of airworthiness certifi cates and the provision of air navigation services. The Civil Aviation Department continued to function un til August 27, 1962, when the Civil Aviation Adminis tration was officially created.

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(2) CREATION.

The Civil Aviation Administration was created by Order No. 25 of 1962, in accordance with Article 27 of the Revised Constitution of 1955, within the Min istry of Public Works and Communications. It had its own budget and acted independently under the supervision of the Minister of Public Works and Com munications. In 1966, pursuant to Order No. 46 of 1966, this Ministry was split into two separate minis tries and the Civil Aviation Administration is pres ently within the Ministry of Communications. (3) PURPOSE AND OBJECTIVES.

The purpose for which the Civil Aviation Adminis tration was created in 1962 was to enhance the tech nical administration and economic regulation of civil aviation in a manner which would most effectively assist the economic development of the Empire of Ethiopia. The year 1962 was a significant one for Ethiopia with respect to aviation. Two international airports were built (Addis Ababa and Asmara); two domestic airports were built (Dire Dawa and Jimma) ; EAL entered the Jet Age; and important international air flight agr�ements were negotiated. Ethiopia, for ex ample, is a member of the International Air Transport Association (I.A.T.A.). (4) ORGANIZATION.

The Civil Aviation Administration, under Article 3 of Order No. 25 of 1962, is composed of: (a) An Administrator of Civil Aviation, appointed by the Emperor, who is responsible for the execution of policies established by the Civil Aviation Board and the enforcement of regulations promulgated by

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the Minister of Communications pursuant to Order No. 25 of 1962, and other relevant laws. (b) A Civil Aviation Board, consisting of not less than five members, and a chairman from among these members. All members are appointed by the Emperor. The Board makes recommendations to the Civil Aviation Administration on civil aviation mat ters (such as the fixing of domestic air tariffs) and determines its own rules of procedures; and ( c) Necessary technical staff and administrative personnel. ( 5) RESPONSIBILITIES.

Under Article 4 of Order No. 25 of 1962, the Civil Aviation Administration is responsible for: (a) The establishment and enforcement of civil aviation policies; (b) The establishment of such administrative or ganizations as are necessary and conducive to the proper execution and administration of all civil avi ation policies and programs; (c) The preparation and presentation of its budget; and (d) The discharging of such additional functions as may be vested in it by law. (6) POWERS.

The Civil Aviation Administration, under Article 2 of Decree No. 48 of 1962, is empowered: (a) To control and regulate the manufacture, pos session, use, operation, sale, import, and export of all aircraft in or over the territory and territorial wa ters of Ethiopia; (b) To determine the conditions under which air craft registered in Ethiopia may be operated over the

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high seas or territory not within the Empire of Ethi opia; (c) To license pilots and other persons engaged in the navigation of aircraft, and to suspend and revoke such licenses; (d) To register, identify, inspect, certify and li cense all aircraft; (e) To license, inspect and regulate all airports and air navigation facilities and services; (f) To determine the conditions under which air craft may be used or operated; (g) To determine the conditions under which goods, mail and passengers may be transported in aircraft; (h) To prohibit navigation of aircraft over pre scribed areas within and outside Ethiopia, either at all times or at such conditions only as may be speci fied by regulation and either absolutely or subject to such exceptions or conditions as may be specified; (i) To determine the areas within which aircraft coming from any place outside Ethiopia may land, and the conditions to be complied with by any such air craft; (j) To regulate and control aerial routes and to determine their use; (k) To enforce such laws, rules, and regulations as may be enacted or prescribed with respect to the safe and proper navigation of aircraft in or over the territory or territorial waters of Ethiopia; and of aircraft registered in Ethiopia whosoever air craft they may be; (1) To determine the economic requirements with which operators of various classes of aircraft should comply;

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(m) To determine the terms and conditions under which concessions or rights will be granted to or is sued for the commercial operation of aircraft; (n) To determine the rates to be charged for the use of aircraft and aeronautical facilities and ser vices of the government, and the rates for the use of such other facilities, property or services in connec tion with civil aviation as the Civil Aviation Adminis tration may deem appropriate; (o) To determine the rates and tariffs to be ap plied with respect to the commercial operation of air craft; and (p) To investigate any accident arising out of, or in the course of, air navigation of any aircraft in or over the territory or territorial waters of Ethiopia or of any aircraft registered in Ethiopia, wherever located. It should be noted that under Article 5 of Order No. 25 of 1962 and Article 3 of Decree No. 48 of 1962, the Civil Aviation Administration may recom mend the issuance of rules and regulations but the power of promulgation is reserved to the Minister of Communications. C. The Grain Board. (1) BACKGROUND.

Agricultural experts have long known that Ethi opia could become one of the great grain producing countries of the world and that grain could be one of the principal sources of revenue for the Empire. Today only a few countries, such as the United States and Canada, are major exporters of grain. Most of the rest of the world must purchase grain. Ethiopia's fertile land and excellent climate make it possible for

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this country one day to take its place alongside the United States and Canada as a major grain exporter to other African countries, the Middle East, and Asia. Despite this great potential for Ethiopian grain, only a small portion (approximately 10 percent) of the possible grain lands of the country are presently under modern cultivation and more than three-fourths of the grain produced is consumed by the farmers themselves. (2) CREATION.

The Grain Board was created as an autonomous agency of the Imperial Ethiopian Government by Proclamation No. 113 of 1950 in accordance with Article 34 of the 1931 Constitution. (3) PURPOSE AND OBJECTIVES.

The purpose for which the Grain Board was cre ated and the objectives towards which its powers are to be utilized are: (a) To maximize the export of grains, fl.our, pulses, and oilseeds from Ethiopia at competitive economic prices; (b) To protect the foreign exchange position of the nation; and (c) To improve the quality and grade of grains, fl.our, pulses, and oilseeds exported from Ethiopia. (4) ORGANIZATION.

The membership of the Grain Board consists of: (a) The Ministers of (i) Agriculture, (ii) Commerce and Industry, and (iii) Finance; (b) The Governor of (i) the State Bank of Ethi opia (now split into the Commercial Bank and the National Bank, the Commercial Bank being the sue-

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cessor member), and (ii) the Governor of the Agri cultural and Commercial Bank of Ethiopia (now known as the Development Bank) as its ex officio members; and (c) Two members appointed by the Emperor. The Minister of Commerce and Industry serves as chairman. (5) POWERS.

The Grain Board is empowered: (a) To regulate the prices in Ethiopian dollars at which grain, flour, and oilseeds may be purchased and sold for export or for domestic consumption; (b) To designate countries to which grain and oil seeds may or may not be exported; (c) To counsel the Minister of Agriculture with respect to the advice to be given by him to grain, pulse, and oilseed producers concerning the quantity and types of seeds to be planted and general plant ing and marketing problems; and (d) To license qualified applicants to clean and grade grain, flour, pulses, and oilseeds, and to charge and collect for such licenses initial fees for the first year of operation under each of such licenses and an nual renewal fees thereafter as follows: Annual Initial fee fee In Addis Ababa $30 $400 Elsewhere in Ethiopia $200 $30 Power to license would include the power to fix the terms and conditions of the license; to refuse to li cense; and to cancel, modify, and revoke such licenses. (N.B. The last item, i.e., licensing subsection (d) was added to the powers enumerated under Article 4

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of Grain Board Proclamation No. 113 of 1950, by Grain Board Amendment Decree No. 30 of 1957). (6) SUBSEQUENT LEGISLATION.

The Grain Board Regulations of 1951 (Legal No tice No. 158 of 1951) were issued by the Grain Board pursuant to the authority vested in it by Article 5 of Grain Board Proclamation No. 113 of 1950. This Le gal Notice establishes the procedures to be followed in the cleaning and certifying of all grains, oilseeds, pulses, and cattle feed. It also provides the standards to be maintained in bagged grains, oilseeds, pulses, and cattle feed. D. The Grain Corporation. (1) BACKGROUND.

One of the major current problems for the Ethi opian farmer is to find a means by which he can mar ket his grain at an adequate price. To provide this assured market, the Grain Corporation was orga nized in 1960 in order to execute the policies of the Grain Board which was established in 1950. The Corporation is a purchasing organization which buys grain from the Ethiopian farmer. It also attacks the difficult problem of grain storage. It purchases grain from the farmers at the time of harvest, stores the grain in its facilities in Addis Ababa and several provincial centers, and later resells it either on the domestic or world markets as demand develops. The Corporation's board of directors decides when and where to sell the grain. Many countries are working with Ethiopia to en able it to become a great grainery of the world. For example, because of the Grain Corporation's vital E-6

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role in helping Ethiopia build up its great grain po足 tential, the United States has agreed to assist in sup足 porting the Corporation. In 1965 a long-term, low in足 terest loan of $298,000 was made by the United States to help supply operating capital for the Corporation. The United States Agency for International Develop足 ment also provides an agricultural marketing expert who serves the Corporation in an advisory capacity. In addition, the United States in 1966 supplied 10,000 tons of wheat on a long-term loan basis which the Corporation will use to stabilize wheat prices in areas where shortages occur. (2) CREATION.

The Grain Corporation was created by Article 1 of General Notice No. 267 of 1960 with an initial capital of $2,800,000 which has since been increased to $4,000,000. This General Notice was later amended by Article 2 (a) of Order No. 35 of 1964 to read as follows: There is hereby created a corporation with limited liability which shall be known as the Ethiopian Grain Corporation (hereinafter) called the Corporation. It should be noted that the Grain Board is the only administrative agency in Ethiopia which has such a separate parallel corporate entity for the purpose of executing its policies. Three government agencies (the Commercial Bank, the Investment Bank and the Development Bank) are the sole shareholders of the Corporation. Pursuant to Article 2 (d) of Order No. 35 of 1964, shares of the corporation may only be transferred to the Imperial Ethiopian Government or one of its agencies.

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(3) PURPOSE AND OBJECTIVES.

Article 2 (b) of Order No. 35 of 1964, amending Article 2 of General Notice No. 267 of 1960, states the objectives of the Grain Corporation as follows: The object of the corporation is to encourage the increased production of agricultural products throughout Our Empire by stabilizing the mar ket, improving the quality of agricultural prod ucts and by exporting agricultural products. Over $400,000 was expended in 1967 to further the objectives of the Corporation, mainly in the construc tion of silo storage facilities. (4) ORGANIZATION.

Article 2 (e) of Order No. 35 of 1964 repealed Article 6 of General Notice No. 267 and provided for the composition of the seven-man board of directors of the Grain Corporation as follows: (a) Chairman: To be elected by the board of di rectors from among themselves; and (b) Members: One representative from each of the Ministries of (i) Finance, (ii) Agriculture, (iii) Commerce and Industry, and (iv) National Com munity Development and Social Affairs, and one each from (v) the Commercial Bank of Ethiopia, (vi) the Investment Bank of Ethiopia, and (vii) the Develop ment Bank of Ethiopia. Four members of the board of directors constitute a quorum. All decisions of the board require the af firmative vote of the majority of members present. In the case of a tie, the chairman shall nave a cast ing vote. In addition to the enumerated powers, the board of directors is expressly authorized to:

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(a) Make, alter, and repeal the by-laws of the Corporation; (b) Adopt a common seal for the Corporation; (c) Fix the fiscal year of the Corporation; (d) Appoint and dismiss the manager and to fix the salaries and remunerations of all officers and em ployees of the Corporation; and (e) Fix the amount of the annual dividend and the date and manner of payment of the same. (5) POWERS.

To attain its objectives, the following general pow ers were specifically given to the board of directors of the Grain Corporation by Article 3 of General No tice No. 267 of 1960, as amended by Article 2 (c) of Order No. 35 of 1964: (a) To organize, establish, administer, and oper ate purchasing stations located at suitable places within the Empire; (b) To purchase agricultural products; (c) To sell for export agricultural products to other persons, companies, corporations, or agencies; (d) To export agricultural products or to sell the same in domestic markets; (e) To invest and expend money, goods, and other forms of capital in the purchasing, grading, process ing, milling, transporting, storing and selling of grain and generally to engage in the commerce of agricultural products whether for profit or otherwise; (f) To purchase, hold, sell, assign, transfer, mort gage, pledge, lease, exchange or in any other manner whatsoever dispose of land, leaseholds and any in terest, estate and rights in real property situated within the Empire; (g) To sue and be sued;

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(h) To enter into, make and perform contracts of every kind and description with any government agency or subdivision thereof or any natural or juridical person; (i) To borrow money from any natural or juridi cal person and, from time to time, to draw, make, ac cept, endorse, execute, and issue promissory notes, drafts, bills of exchange, debentures, and other ne gotiable or nonnegotiable instruments and evidences of indebtedness of all kinds, whether secured or un secured; (j) To buy, sell, and hold equipment, materials, supplies, and services of whatsoever nature; and (k) To construct, equip and maintain buildings, works, silos, storage facilities, grain elevators, and other structures and machinery. E. The Livestock and Meat Board. (1) BACKGROUND.

The importance of the livestock industry to the economy of a country from the viewpoint of whether it can supply an export trade can be gauged by the relationship of the numbers of people to the numbers of livestock. If in a de veloping country the livestock population is greater than the human population, the country can be considered as an exporter of meat . . . Rex. W. Boyens (United Nations FAO expert), Report to the Imperial Ethiopian Government on Marketing of Livestock and Meat-Report No. 1860 (1964). In Ethiopia the human population is about 22 mil lion as compared to the livestock population of 25 mil lion cattle, 24 million sheep, 18 million goats and 41

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million poultry.* Indeed, it is estimated that Ethi opia's livestock population comprises seventeen per cent of the total livestock population of the whole of Africa. Applying the United Nations expert's theory, the ratio indicates that Ethiopia clearly has a tremen dous potential for the export of meat which may even one day replace coffee as its major foreign trade item. The amount of meat exported ( chilled, frozen, and canned) is increasing each year. The total figure ex ceeded 5 million dollars in 1964, 7 million dollars in 1965 and 9 million dollars in 1966. If properly exploited, the Ethiopian cattle industry can eventually include slaughtering and canning plants which will provide thousands of new jobs throughout the Empire. The sale of both fresh and canned meat abroad can also bring an important im provement in the country's foreign exchange position. The United States and the Ministry of Agriculture have already launched a joint program which is planned to improve the local production and market ing of cattle. A pilot project, in the Yebello area of Sidamo Province, will demonstrate means of im proving the Borana cattle which are indigenous to the area. The Ministry of Agriculture has set aside $321,000 for the project and the United States has provided $125,000 worth of equipment for its develop ment, including three mobile veterinary units. America will also loan $50,000 for the construction of approximately ten wells which will be drilled in ex ploration for sources of water. • The statistics presented herein were obtained from the De partment of Commerce of the Ministry of Agriculture of the Imperial Ethiopian Government.

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Plans call for the Ministry to purchase from local farmers and place on the ranch approximately 1,000 head of Borana cattle. The Ministry in addition will construct some 40 stock ponds initially. Approximately 250 such ponds and 200 wells will be built by the end of five years. Working with American cattle experts provided by the United States government, Ministry cattlemen will seek ways of upgrading the cattle. One of the most important techniques planned will be that of bringing water to the animals rather than making them go long distances to natural streams and lakes. It is expected that this will have an important effect in fattening the steers. Stringent grazing controls will be implemented in the area of development to protect the land against over-grazing. Advisors also will work with livestock producers throughout the vicinity in efforts to improve their cattle. Concurrent with the improvement of the animals will be the development of a meat processing and can ning industry whose objective will be to export Ethi opian beef to foreign markets. Negotiations are cur rently underway with International Packers of Chi cago, Illinois, one of the world's largest meat pack ing operations, to provide management and market ing services to the proposed new canning plant of the National Meat Corporation of Ethiopia, which will produce canned meat for worldwide markets. Sixty percent of the stock of the National Meat Corpo ration is owned by Ethiopian nationals and the re maining forty percent is held by the British firm of Mitchell Cotts and Company.

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Ten government inspected meat processing plants presently slaughter well over 100,000 head of cattle annually under strict veterinary control. Nevertheless, the mere fact of having a large live stock population does not automatically make a coun try an exporter. The quality of livestock, livestock products and hides must be of the highest standard. Guidance and assistance should be given to producers, traders and processors. Requisite facilities have to be established and regulations have to be issued to insure efficient operations. Additional medical per sonnel must also be made available since Ethiopia only has thirty university-trained veterinarians in the entire country, of whom only seven are Ethi opians. To meet all of these requirements, the Live stock and Meat Board was created in 1964 so that Ethiopia could become an exporter of meat instead of an importer, which it now is. (2) CREATION.

The Livestock and Meat Board was created as an independent body by Order No. 34 of 1964, in accor dance with Article 27 of the Revised Constitution of 1955. (3) PURPOSE AND OBJECTIVES.

The purpose for which the Livestock and Meat Board was created and the objectives towards which its powers are to be utilized under Article 4 of Order No. 34 of 1964 are: (a) To encourage the production and marketing of healthy and high quality livestock, poultry, meat, eggs, and by-products; (b) To collect and disseminate information relat ing to the production, processing, transporting, and

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-marketing of livestock, poultry, meat, eggs, and by products; (c) To promote the establishment and supervision of improved stock routes, watering points, and mar keting facilities; (d) To stimulate research on any aspect of live stock and poultry production, transporting, proces sing, and marketing; (e) When requested, to assist and facilitate the Veterinary Services of the government in their vac cination program and related services and to cooper ate in the expansion and application of veterinary standards and requirements; and (f) To promote the sale of livestock, meat, poulJ try, eggs, and by-products by advertising at home and abroad and by participating in international trade fairs. It is important to note that although fish is an imJ portant natural food resource of Ethiopia, it is not within the control of the Livestock and Meat Board but is rather under the Marine Department of the Ministry of Agriculture. (4) ORGANIZATION.

The Livestock and Meat Board, under Article 6 of Order No. 34 of 1964, is composed as follows : (a) An eight-man board of directors, consisting of: (i) A chairman: The Minister of Agriculture or his duly authorized representative; and (ii) Members: One representative of each of the Ministries of (a) Public Health, (b) Commerce and Industry, (c) Finance and (d) National Community Development and Social Affairs; and one representa tive of each of the (e) traders, (f) processors and

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(g) producers, designated by the Minister of Agri culture after consultation with representative bodies of these sections of the industry. All of the powers of the Livestock and Meat Board are vested in the board of directors which is autho rized to make its own rules of procedure. (b) A general manager: The general manager is appointed by the Emperor upon the recommendation of the board of directors. The general manager is the chief executive of the board of directors and, sub ject to the general direction of the board of directors, he directs the management and operation of the Live stock and Meat Board. (c) Staff: The Livestock and Meat Board may em ploy officers and staff necessary for the carrying out of its operations, subject to the Central Personnel Agency Public Service Order (Order No. 23 of 1961, as amended) and all regulations issued thereunder. (5) POWERS.

The Livestock and Meat Board is empowered, un der Article 3 of Proclamation No. 212 of 1964: (a) To control and regulate the production, use, possession, movement, sale, import, and export of all livestock, poultry, meat, eggs, and by-products as may be necessary to carry out its objects and purposes; (b) To construct, own, lease, and operate farms, warehouses, markets, market places, compounds, and stock ponds, in places where such facilities are re quired but have not been provided through the initia tive of private enterprise and to encourage the estab lishment in such places of adequate processing facili ties; (c) To borrow, lend, mortgage, pledge, and dis pose of movable and immovable property;

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(d) To designate and direct livestock and poultry markets; (e) To organize and operate quarantine stations for use in the export and import of livestock, poul try, meat, eggs, and by-products, when so requested and in accordance with such request by the veteri nary services; (f) To demarcate and establish livestock routes with watering points and reserved grazing areas to en able livestock to be moved from primary markets to processing facilities and central transportation points in the best possible condition; (g) To introduce measures designed to expand and improve the livestock, poultry, meat, and egg indus tries and to recommend to the government action to protect producers and processors from excessive tax ation or other impositions which tend to stifle and impede the expansion of trade in these commodities; (h) To propose to the government the fixing of livestock, poultry, meat, eggs, and by-product floor prices when considered necessary for the national economy; (i) To draw up and establish reliable weighing procedures and grade specifications for livestock, poultry, meat, eggs, and by-products and to enforce the same; (j) To fix, impose, and collect fees on all livestock, meat, poultry, eggs, and by-products processed in or exported from Ethiopia (which has been executed by Legal Notice No. 289 of 1964 issued by the Ministry of Agriculture) ; and (k) To fix, impose, and collect fees on all livestock and poultry using facilities of any sort such a live stock and poultry markets, water supply centers, stock routes and pounds, quarantine stations, slaughter-

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houses, and other processing facilities provided by the Livestock and Meat Board. F. The Tax Appeal Commission. . (1) BACKGROUND.

Taxes are an important factor in every economy whether developed or underdeveloped. Each citizen has a duty to pay his fair share of the cost of oper ation of his government. But the time of payment, the manner of payment, and the amount to be paid must be clear, plain, nondiscriminatory and in ac cordance with the law. When a taxpayer feels that he is the victim of arbitrary action of an unlawful nature, he should have access to an administrative tribunal where he can present his grievance and ob tain relief from any proven oppression. The Tax Ap peal Commission was therefore established for this purpose in Ethiopia to serve as an expert adjudicatory body to deal with problems or disputes that may arise between the taxpayer and the Imperial Inland Revenue Department. (2) CREATION.

The Tax Appeal Commission was created by Chap ter XII of Proclamation No. 173 of 1961 in order to provide a taxpayer with Due Process of Law as to his tax liability. (3) PURPOSE AND OBJECTIVES.

Pursuant to Article 54 of Income Tax Proclama tion No. 173 of 1961, a taxpayer has the right to ap peal from an assessment made by the tax authority with respect to his income. Thus the purpose of the ';['ax Appeal Commission is to provide a taxpayer with

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an opportunity for administrative review in order to obtain relief against any violation .of the law. (4) ORGANIZATION.

Pursuant to Article 49 of Income Tax Proclama tion No. 173 of 1961, separate Tax Appeal Commis sions were established for Addis Ababa, for the provinces and, in case of need, for certain local of fices to deal with appeals from tax assessments made by the Income Tax Department of the Minist:ty of Finance. Each Tax Appeal Commission consists of a President, a Vice-President and at least five mem bers, all of whom are appointed by His Imperial .Majesty upon the recommendation of the Minister of Finance. At least half of all the members of each -Commission are chosen from merchants and persons carrying on professional occupations. Most of the cases in the Empire are heard by the Tax Appeal Commission for Addis Ababa. The President or, in his absence or inability to act, -the Vice-President of each Tax Appeal Commission, is the administrative head of the Commission with authority to fix the time and place of hearings and to assign members and cases to the various panels which dispose of cases. Each Tax Appeal Commission has a secretary and a sufficient number of clerks to keep the records of the Commission and of' the proceed ings of its panels. Each appeal is heard and determined by five mem bers of the appropriate Tax Appeal Commission, sitting as a panel, assigned by the · President of the Commission. The decision of the panel is the decision of the Tax Appeal Commission. Decisions of the panel .are taken by majority vote of the members thereof, who sit impartially and assign reasons in law or fact

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(or both) for any revision of the assessments made by the tax authority. (5) POWERS.

The Tax Appeal Commission has the power to hear and adjudicate cases involving the following types of taxes: (a) Income (Proclamation No. 173 of 1961); (b) Transaction (Proclamation No. 205 of 1963); (�) Turnover (Proclamation No. 205 of 1963); (d) Construction Work (Proclamation No. 205 of 1963); (e) Excise (Proclamation No. 204 of 1963). In the exercise of this power, the Tax Appeal Com mission may, in accordance with Article 56 of Procla mation No. 173 of 1961, confirm, reduce, annul, or increase an assessment and make such further conse quential orders thereon as may seem just and neces sary for the final disposition of the matter. The power of the Tax Appeal Commission is greatly weakened at present, however, by its inability either (a) to subpoena witnesses or documents or (b) to make parties and witnesses appearing before it tes tify under oath. (6) HEARINGS.

A taxpayer submits his case to the secretariat of the Tax Appeal Commission who will docket it for a hearing only if the following conditions prescribed by Article 54 of Proclamation No. 173 of 1961 are met: (a) Deposit of Money. In the case of a business or a person or body carry ing a profession or vocation, the taxpayer shall, be fore the end of the thirty-day period of the assess ment, deposit with the Income Tax Department:

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(i) An amount equal to seventy-five percent (75%) of the tax assessed; or (ii) An amount equal to seventy-five percent (75%) of the tax assessed on the taxpayer's income for the last preceding year with respect to which a final and conclusive assessment lias been made, whichever of the above (i) or (ii) is the lesser. (b) Time Limit.

The appeal must be made by the aggrieved tax payer within the thirty days from the date of the delivery of the notification of the assessment to the taxpayer. If the taxpayer fails either to deposit or appeal within the thirty days, the assessment made by the Income Tax Department is considered as final and conclusive and immediately subject to collection. Upon compliance by the taxpayer with the above requirements, the secretariat of the Tax Appeal Commission notifies the taxpayer of the date, time and place of the hearing. Similar requirements in the case of Transaction Taxes are prescribed by Article 33 of Proclamation No. 205 of 1963. A hearing of the Tax Appeal Commission is con ducted under an adversary type of proceedings with the appellant taxpayer either appearing in person to argue his own case or being represented by an ad vocate. The Income Tax Department is represented by an advocate or representative from the Ministry of Finance. Both parties and their representatives may be present during the entire course of the hearing and at the time of the announcement of the decision, but neither parties nor their representatives are allowed to be present while the members of the Commission

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sit in executive session to debate the issues and ar rive at their decision. Most of the controversies between the taxpayer and the Tax Department arise from the application of Article 40 of Income Tax Proclamation No. 173 of 1961. This Article states: If no records and books of account are main tained by the taxpayer, or if for any reason the records and books of accounts are unacceptable to the Income Tax Authority, or if the taxpayer fails to declare his or its income within the time specified ..., the Income Tax authorities may as sess the tax by estimation .... In the event that the keeping of records provision is not complied with, the tax authorities are empow ered to assess the tax by estimation. This raises a crucial problem in the sense that the phrase "for any reason" is taken by some taxpayers to mean that the tax authorities are given an excessive power in mat ters of accepting or rejecting records and books of account of the taxpayer for whatever reason they may care to give. Whatever reason is given for the assessment, the normal procedure is for the taxpayer to open the case by having his written application read to the mem bers of the Commission, and by producing additional oral and written evidence in support of his contention. In the majority of cases the taxpayer's appeal against the assessment consists of two main factual situ ations: 1. The first is the case where account books and other records are in fact kept by the taxpayer but they are rejected by the tax authorities and the tax is assessed by estimation.

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2. The second is the case where no books of ac counts and other records are kept and the tax is as sessed by estimation. It is obvious that a hearing before the Tax Ap peal Commission is initiated only by a taxpayer and not by the governmental tax-assessing authority. (7) APPEALS.

Decisions of the Tax Appeal Commission must be taken on appeal to the High Court in the event that either party to the litigation feels that the decision of the Commission is erroneous on points of law. Ques tions of fact are therefore not reviewable. Articles 58 and 59 of Proclamation No. 173 of 1961 specifically state that: Article 58. Should the Income Tax Authority or the appellant be dissatisfied with the decision of the Tax Appeal Commission on the ground that it is erroneous on any matter of law, either party may within thirty (30) days from the date of delivery of notification of the said decision, appeal to a competent court of appeal for judg ment thereon. The party taking the appeal shall at the same time send a copy of the submission to the other party. Article 59. The court af appeal shall hear and determine any question of law arising on the appeal, and shall after reaching their decision thereon, notify their decision to the parties and return the case to the commission. In no case may the court of appeal enter into the merits of the assessment. A further appeal may then be made by either party from the High Court to the Supreme Imperial Court. Article 60 of Proclamation No. 173 of 1961 specifically states:

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An appeal to the next higher court of appeal may be made by either party within thirty (30) days of the notification of the decision of the lower court of appeal. The higher court of ap peal shall confine its decision to the points con sidered by the lower court of appeal.

CHAPTER 9.

LAW REPORTING AND LEGAL RESEARCH. A. THE LANGUAGE PROBLEM. B. THE NEGARIT GAZETA. (1) In General. (2) Comparative Analysis Table. (3) The Former Role of th0 "Consultative Committee for Legislation." (4) The Present Role of the Minister of Pen. (5) The Present Role of the Legal Department in the Prime Minister's Office. (6) The Present Practice of Comparing the Published Law With the Approved Official Text. (a) The Secretariat of the Council of Ministers. (b) The Secretariat of the Two Chambers of Par liament. (7) Corrigenda. C. CONSOLIDATED LAWS OF ETHIOPIA. D. THE CODES. E. FACULTY OF LAW PUBLICATION SERIES. F. JOURNAL OF ETHIOPIAN LAW.

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A. The Language Problem.

Article 125 of the Revised Constitution of 1955 makes Amharic the sole official language of the Em pire. Parliamentary deliberations and all govern mental operations are conducted solely in Amharic. But only 5 million of the estimated 20 million Ethi opians speak it as their native tongue; approximately 2 million speak it as a second language. Some 45 dif ferent indigenous local languages are mainly spoken by the rest of the population, in addition to foreign languages such as Arabic and Italian. In 1923 a semi-official newspaper was started, named Berhanena Selam (Light and Peace), which

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published most of the Imperial Laws in Amharic and French. It was superseded in 1942 by the current of ficial Law Reporter entitled Negarit Gazeta which is published in Amharic and English. The present lan guage of instruction in the secondary schools and at the university level, including the Faculty of Law, ·is English. Thus, English today is a well established second language in Ethiopia with a quasi-official status. Accordingly, a foreigner who speaks English can do research in modern Ethiopian law subject to this caveat: If th�re is a conflict between the Amharic and the English version of the same law, the English translation must yield to the official Amharic text. A few examples of such conflicts, which in fact do exist, would be: (1) Article 52 of the Constitution guarantees the accused in the official Amharic text "a speedy and public trial," whereas in the English translation he is given only a "public trial"; (2) Article 772 of the Civil Code limits a filiation action to the child in the 'English translation, where as in the governing Amharic text the proceeding may be brought by either the mother or the child; (3) The Amharic version of Article 84 (2) of the Commercial Code states that for tax purposes a merchant's inventory is based upon "actual market price" while the English version speaks of "cost price"; (4) Under Article 51 of the Constitution in Am ·haric an arrest without a warrant may take place only where the offender is "found committing a seri ous offense in violation of Law" but in the English translation it may be done when there is a "flagrant or serious violation of law."

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There are also other language complications. For example, in some instances a foreign advisor drafted a law for Ethiopia in French, Italian or German. It was then officially promulgated in Amharic and simultaneously published in English and occasionally all three versions differ! If the Amharic and English versions are obvious translation mistakes, should a judge apply the original foreign text in deciding a case? Fortunately, the foregoing illustrations all repre sent the exception rather than the rule so that one may, by and large, safely engage in constructive re search in current Ethiopian law in English. B. The Negarit Gazeta. (1) IN GENERAL.

Negarit is Amharic for drum. Gazeta is Italian by origin and Amharic by adoption for newspaper. Years ago, before the foundation of the Berhanerw, Selam in 1923, public announcements and the promul gation of law were proclaimed in Ethiopia by the beating of a drum. The combination of the traditional word Negarit with the imported word Gazeta there fore constitutes the designation of the current gov ernmental medium of communication of legal infor mation to the public. Responsibility for the publica tion of Proclamations, Decrees and Orders in the Negarit Gazeta is lodged in the Minister of Pen, whereas for Legal Notices this function is assumed by the concerned Minister or other authorized gov ernment official as the case may be. The Negarit Gazeta is the official legislative, exec utive and administrative Law Reporter of Ethiopia. Written in Amharic and English, the first issue ap-

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peared on March 30, 1942, and it has been published regularly since that date, though not on a scheduled or periodic basis. An issue appears when several laws are gathered for publication. The pages of the Negarit Gazeta have contained the full authorized texts of the Revised Constitution of 1955, and the modern Codes, Proclamations, Decrees, Orders and Legal Notices discussed herein, all of which did not become effective as law until they were so published. Oc足 casionally, a law published in the Negarit Gazeta contains a specific provision naming a later date at which time the law will become effective. Proclamations, Decrees, Orders and Legal Notices usually appear in the Negarit Gazeta under their generic name, number and year and they are so cited. (For example, Decree No. 42 of 1962; Legal Notice No. 257 of 1962.) Laws are published in the Negarit Gazeta in strict chronological order. There is no in足 dex in the individual issues or in the bound volumes for each year. Nor is there a cumulative index for all the bound volumes. This obviously makes legal re足 search in Ethiopia most difficult since one must go through the table of contents of each issue of each volume of the Negarit Gazeta to determine whether a law has been enacted governing the situation you are researching. If a law is found, one must then check every law subsequently passed to determine whether or not the law under consideration has ever been repealed, amended or modified, either expressly or by implication. The customs laws present a typical example of the difficulties faced by someone doing research in Ethi足 opian law. In 1951 a schedule of customs duties was published as part of the Customs Revised Import and Export Regulations (Legal Notice No. 153 of 1951).

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This tariff schedule has since been amended more than twenty-five times. Any person wanting to know the current tariff rates on various items must ex amine the original tariff schedule and each subse quent amendment. Moreover, since no list of amend ments exists, he must examine every issue of the Negarit Gazeta since the publication of the basic sched ule in 1951 in order to be certain he has all the amend ments. Indeed, if he did not know about the tariff schedule first issued in 1951 and he began to search generally in the Negarit Gazeta, beginning with Vol ume One, Number One, of 1942, he might first have found the original schedule which accompanied Proclamation No. 39 of 1943, but then he would have had no way of discovering that this schedule had later been repealed without looking through each sub sequent issue until he found the repealing legislation in 1951. There is also an important difference between a Proclamation and a Treaty so far as research is con cerned. The full text of a Proclamation is always pub lished in the Negarit Gazeta. This is not so for a Treaty. The customary current practice is for the Negarit Gazeta just to announce the ratification of the Treaty by the Emperor, which is done in the form of a Proclamation. For example, Proclamation No. 163 of 1960 is the ratification by the Emperor of the Ethio-Franco Railway Treaty of 1960. The only ex ception to this rule to date has been the Organization of African Unity Treaty, the full text of which was published in the Negarit Gazeta. Thus, the researcher interested in Ethiopian international law would either have to check some standard reference work which contains the full text of the Treaties and other forms of international law of the world generally, such as

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the United Nations Treaty Series, or obtain the full text of the particular international law in which he ·is interested from the Ministry of Foreign Affairs of the Imperial Ethiopian GO/Vernment. (2) COMPARATIVE ANALYSIS TABLE.

. Since it was formed in 1942, the Negarit Gazeta has been published at the rate of one regular ordi nary volume a year. More than 350 issues have ap peared in this twenty-five year period. The number of pages per year has varied from a minimum of 33 to a maximum of 203, and the total number of pages for the 24 volumes printed is 1,035. With regard to the number of forms of Ethiopian law enacted to date, through 1966, the statistics are as follows: Proclamations .......................................... Decrees ........................................................ Orders ........................................................ Legal Notices ............................................

230 52 44 312

(3) THE FORMER ROLE OF THE "CONSULTATIVE COMMITTEE FOR LEGISLATION."

Prior to the promulgation of the present Revised Constitution in 1955, the form as well as the constitu tionality of new legislation was checked before it was promulgated or published in the Negarit Gazeta by the "Consultative Committee for Legislation" (cre ated by Article 21 of the Administration of Justice, Proclamation No. 2 of 1949). This committee was charged with the function of drafting laws or review -ing the draft of any proposed law before its enact ment, and it certified that any law to which such certi fication related was not repugnant to natural justice or humanity and was a fit and proper law to be ap-

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plied without discrimination to Ethiopians and for eigners alike. The committee is no longer in operation. (4) THE PRESENT.ROLE OF THE MINISTER OF PEN.

A Proclamation duly approved by both chambers of Parliament and the Emperor is presently published by the Minister of Pen in the Negarit Gazeta, as pro vided in Article 88 of the Constitution and supple mented by Article 3 of Proclamation No. 1 of 1942 and Article 22 of Proclamation No. 2 of 1942. Sim ilarly, a proposal for legislation submitted to the Em peror by the Council of Ministers, in the form of a Decree or Order, is upon His approval, published in the Negarit Gazeta by the Minister of Pen. Subordinate legislation in the form of a Legal No tice is also published in the Negarit Gazeta under the signature of the concerned Minister or other autho rized government official, as the case may be. On some few occasions, the primary legislation (Proclamation, Order or DE':cree) may authorize the issuance of a Legal Notice which does not require publication in the Negarit Gazeta. (5) THE PRESENT ROLE OF THE LEGAL DEPARTMENT IN THE PRIME MINISTER'S OFFICE.

Under present practice, before a law is sent to the Berhanena Selam Printing Press, for publication in the Negarit Gazeta, the Legal Department in the Prime Minister's Office reviews the final text, checks the translation, and suggests appropriate corrections as to the form to the Prime Minister, who as Minister of Pen is responsible for the publication of the Negarit Gazeta. This practice has been followed since the pres ent Prime Minister assumed the portfolio of the Min ister of Pen. However, the Ministry of Pen and the

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Minister initiating the legislation are both responsible for and concerned with the avoiding of defects in the published Negarit Gazeta version. (6) THE PRESENT PRACTICE OF COMPARING THE PUBLISHED LAW WITH THE APPROVED OFFICIAL TEXT.

(a) Tke Secretariat of tke Council of Ministers.

In current practice, the Secretariat of the Council of Ministers compares published Decrees, Orders and Legal Notices as they appear in the Negarit Gazeta with the approved original text. In cases of discrepancy in substance, the Secretary-General of the Council of Ministers brings the matter to the attention of the Prime Minister for corrective action. (b) Tke Secretariat of tke Two Chambers of Pwr liament.

In the case of Proclamations, the Secretariats of the two chambers of Parliament verify the published law in the Negarit Gwzeta with the approved original text and if they find any discrepancy in substance, they re port to their respective Presidents who may then in quire for an explanation from the Prime Minister. (7) CORRIGENDA.

Corrigenda are occasionally published by the Minis ter of Pen in the Negarit Gazeta to remedy mistransla tions or correct misprints of an official legal text. These corrigenda are published without submission to Parliament. C. Consolidated Laws of Ethiopia.

For a complete presentation of the extent to which subsequent Proclamations, Decrees, Orders and Legal Notices have repealed, modified, supplemented or

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amended previous laws in Ethiopia, one should consult the monumental mimeographed and most intelligently organized five-volume project of the Imperial Insti tute of Public Administration which is entitled Con solidated Laws of Ethiopia. This has been done in both textual and tabular form by subject matter with ob solete material eliminated so that the task of the re searcher in Ethiopian law is greatly simplified. The Master Index is especially helpful. However, this most valuable compilation in its present form is neither an official version of Ethiopian law nor a Revised Code of Ethiopia. It should be used solely as a time-saving research tool until such time as it is promulgated in some more official fashion. D. The Codes.

In addition to the basic enactment of Proclamations, Decrees, Orders and Legal Notices, six basic Codes have been promulgated which constitute the real body of law in Ethiopia. They are as follows, and were drafted by Commissions under the leadership of the persons named, whose foreign origin indicates the im pact of continental civil and English common law in Ethiopia: Penal Code of 1957, Professor Jean Graven of Swit zerland; Civil Code of 1960, Professor R. David of France; Maritime Code of 1960, Professor J. Escarra of France; Commercial Code of 1960, Professors J. Escarra and A. Jauffret of France; Criminal Procedure Code of 1961, Sir Charles Mat thew of England; and

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Civil Procedure Gode of 1965, Ato Nirayo Esayas, Assistant Minister of Codification of the Ethiopian Ministry of Justice. . All of the above codes were enacted through Proc lamations, with the exception of the Civil Procedure Code which was issued in the form of a Decree. Each Code appeared in a separate volume as an extraordi nary or special issue of the Negarit Gazeta, as distin guished from the regular or ordinary annual volumes previously mentioned herein. Although each of the six published Codes contains a detailed Table of Contents which is most useful to the researcher, there is no Index or Digest in the published English versions for any of them to serve as an aid to those who are unfamiliar with the subject matter covered. Some of the French versions, such as that for the Civil Code, do have an Index which is helpful for someone fluent in that language. Here again it must be stressed, however, that Amharic is the only official legal language of Ethiopia, and there are many dis crepancies between the French and Amharic versions. Each of the draftsmen of the various Ethiopian Codes also submitted a Report to or prepared Notes for the Imperial Codification Commission which spon sored the particular Code. Although these Reports and Notes have not as yet been published, they constitute invaluable research source material for anyone who wishes to interpret the Codes. The Ministry of Justice and Faculty of Law of Haile Sellassie I University are presently making every effort to make these documents available in public print in both Amharic and English.

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E. Faculty of Law Publication Series. A good working library, research, and the publica tion of legal materials are indispensable in any country for the proper development of legal education in par ticular and the advancement of the profession in gen eral. Accordingly, when the first law center was estab lished in Ethiopia in 1963 by the creation of the Fac ulty of Law of Haile Sellassie I University in Addis Ababa, the professors and students immediately began to implement these goals. A full time librarian is in charge of a quality col lection of 10,000 volumes, all of which are geared to meeting the needs of research in Ethiopian law. New titles are constantly being added. The next priority was assigned to the preparation of course books to be used as the texts in each of the subjects taught in the three-year LL.B. degree cur riculum of the Faculty of Law. This also has been suc cessfully accomplished and these basic reference books on Ethiopian law are now available in either printed or mimeographed form. Finally, as the only law publisher in Ethiopia, the Faculty of Law has sponsored a number of titles, es pecially in the fields of penal law, procedure, and land law and reform, which are invaluable aids to a re searcher. New titles are regularly added to the lists which may be obtained from the Publications Commit tee, Faculty of Law, Box 1176, Addis Ababa, Ethiopia.

F. Journal of Ethiopian Law.

In 1964 the Faculty of Law of Haile Sellassie I Uni versity and the Ministry of Justice of the Imperial Ethiopian Government jointly began the publication of

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the Journal of Ethi<>'[Yian Law. Each annual volume consists of two issues of several hundred pages each which appear in both Amharic and English every six months. In addition to articles on Ethiopian law of in terest to scholars and practitioners alike, each issue contains a number of current Judgments of the ap pellate courts. A most useful Index appears at the end of each volume and the articles are all of a high stan dard of excellence. The importance of this professional journal becomes obvious once one realizes it is the only legal periodical in the Empire and that the Judgments of the Ethiopian courts are not otherwise published elsewhere.

CHAPTER 10. THE LEGAL PROFESSION. A. LEGAL EDUCATION. (1) Background. (2) Programs of Study. (a) LL.B. (b) Diploma. (c) Certificate. B. THE JUDICIARY. c. THE BAR. A. Legal Education.

(1) BACKGROUND.

In 1963 there were only 19 university-trained law yers in all of Ethiopia, each of whom occupied an im portant government position. (The Minister of Jus tice at that time was not a lawyer). Most of these were graduates of McGill University in Montreal, Canada, because the legal system in the Province of Quebec strangely resembled that of Ethiopia in that the ad jective law was Anglo-Saxon while the substantive law was based largely upon Continental Codes, especially those of France, Germany, Switzerland and Italy. Since Ethiopians are litigious by nature, the remain ing hundreds of thousands of practicing advocates, prosecutors and judges, who serviced a population in excess of 20 million, had little if any formal legal edu cation. If the Empire were to shift successfully and rapidly from an agricultural to an industrial economy, with massive foreign aid and investment, the Emperor realized that drastic corrective steps were required. Accordingly, in 1963, He created the Faculty of Law of Haile Sellassie I University, which superseded the

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Department of Law of the Faculty of Arts of the same University which had been in existence for several years under the able chairmanship of Professor George Krzecunowicz, a Polish lawyer who had taught the entire curriculum. Substantial assistance was re ceived from the American Ford Foundation and sev eral foreign countries both in financial support and the recruitment of personnel. When the Journal of Ethiopian Law was established in 1964, the editors wisely decided to include in each volume an annual report from the Dean. In this man ner future generations would have access to an accu rate history of the institution, replete with names of faculty and students as well as a description of every aspect of its activities. The first such article may be found in Volume I, Number 2, of the Journal, by James C. N. Paul, whose dynamic leadership was re sponsible for the viability and growth of this first legal center. Additional information on the calibre of legal education in Ethiopia may be obtained from this excel lent series of annual reports. In 1967 there were approximately 1,000 students en rolled in the various programs described below. Most of these were centered in Addis Ababa but some were in resident courses in Asmara and Jimma. (2) PROGRAMS OF STUDY. (a) LL. B.

There are two LL.B. degree programs, one for day and one for evening students. The admission require ments (minimum of two years of successful university undergraduate studies), curriculum, faculty, and ex aminations are identical for each program. The only difference between them is that the day course requires

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three years of full-time study whereas the evening course requires four years of part-time study. The first day class graduated in 1966 and the first evening class graduated a year later. All classes are conducted in English by a staff of American and Continental law professors. Students are also given instruction which enables them to do research in French legal materials. It is hoped that LL.B. degree graduates will be the elite of the legal profession. (b) Diploma. A Diploma in Law is awarded to students who suc cessfully complete a three-year evening program of studies conducted in English by the same teaching staff in charge of the LL.B. program. Admission is limited to students who have completed secondary school. While the standards of this program are re putable, they are obviously not in the same category of excellence found in the degree program. (c) Certificate.

Certificates in Law are awarded to those who com plete one of the many such various programs so of fered. There are no formal educational requirements. The test is rather capacity to undertake the program and usefulness to one's career. For eX:ample, special Certificate programs have been given to Members of Parliament (in 1967 only one of the 250 members of the Chamber of Deputies was a university graduate), police officials and prosecutors. The one-year to two year courses are offered in the evening or afternoon in either English or Amharic, according to the lan guage proficiency of the student. The number of courses and depth of coverage is obviously below that E-7

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of the Diploma program and yet the need for such training is obvious. B. The Judiciary.

The Minister of Justice is both appointed and dis missed from office by the Emperor. All judges (with the exception of Ethiopian Orthodox Church judges, but including Moslem Court judges) are recommended by the Minister of Justice for appointment or removal by the Emperor. There is no special training for judges, in sharp con trast to the Continent, notably France. The previous practice of appointing foreign judges seems to have ended permanently as of 1967. C. TheBar.

There is no organized Bar Association in Ethiopia. It is therefore difficult to obtain or collate statistical data on such vital matters as the total number of ad vocates, their training, age, experience, or type of specialization, if any, the number newly admitted to practice each year, the frequency of disciplinary ac tion, etc. A flavor of the situation can perhaps best be given, therefore, by a reproduction of the Rules of Court, which presently empower the Minister of Jus tice to regulate the legal profession. They are as fol lows: LEGAL NOTICE No. 166 of 1952 THE COURTS (REGISTRATION OF ADVOCATES) RULES, 1952 The following Rules of Courts are made by virtue 'of Article twenty of the Administration of Justice

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Proclamation, in respect of the Supreme Imperial Court, of the High Court and of all other Courts es tablished by that Proclamation, for the admission, con duct and discipline of legal practitioners and for the fixing of f ees. Register to be maintained 1. The Minister of Justice (hereinafter referred to as "The Minister") shall cause to be prepared and maintained a register (hereinafter referred to as "The Register") in which shall be recorded the name and usual place of business of every person entitled to be registered, together with particulars of any limitation imposed under these rules with regard to the Courts before which such person may practice. Prohibition from practise unless registered 2. No person, other than a person holding an office wherein he is bound to practise only for the Crown, shall practise unless he is registered, and then not be fore such Courts as are specified in the register as those before which he is precluded from practising. Registration as of rig ht in a proper case 3. Any person shall, on application to the Minister, or to such person as the Minister shall authorize, be entitled to be registered if the Minister or such per son as the Minister shall authorize is satisfied that: (a) he has the skill and knowledge necessary to en able him properly to practise; and (b) he is of a character suitable for assisting in the proper administration of justice: Provided that: (a) If the Minister is not satisfied that such person has the skill and knowledge necessary to enable him properly to practise in every Court, but is satisfied that he has the skill and lrnowledge necessary to en able him to practise

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i. otherwise than before the Supreme Imperial Court or the High Court, or ii. otherwise than before the Supreme Imperial Court, the High Court or a Teklia Ghizat Court, as the case may be, such person shall be entitled to be registered, but with the appropriate limitation as to the Courts before which he may practise; and (b) A person entitled to be registered shall on his own application be entitled to be registered subject to such limitation as is referred to in this proviso, being a limitation not less restrictive than the Minister or such person as the Minister shall authorize would have imposed upon his practise had such an application not been made. Removal from register or subsequent limitation 4. (1) The Minister or such person as the Minister shall authorize may at any time remove the name of any advocate from the register or may in an appro priate case enter in the register with regard to any person such limitation as is referred to in the pro viso to the last preceding Rule on being so requested by such person; or (2) On his ceasing to be satisfied as to the skill and knowledge of any advocate necessary to enable him properly to practise or when he considers that any ad vocate is not of a character suitable for the adminis tration of justice the Minister or such person as the Minister shall authorize may forthwith suspend such advocate from practising provided always that the cause for such suspension shall immediately be re ferred to the Advocate Disciplinary Committee under Article 8 of this Rule. Minister or such person as the Minister shall authorize may impose test 5. For the purpose of satisfying himself as to the skill and knowledge of any person necessary to enable him properly to practise, whether with or without lim itation as to the courts before which such person may

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practise, the Minister or such person as the Minister shall authorize may require any person registered, or who has applied for registration from time to time undergo such test as the Minister or such person as the Minister shall authorize shall think fit: Provided that no person shall be obliged to undergo such a test within a period of one year of his having so satisfied the Minister as a result of such a test. If

Issue of Certificate

6. (1) As soon as is reasonably possible after the happening of any of one of the following events: (a) the payment in full of any sum due under Rule ten of these Rules; (b) the restoration of the name of any person to the register after its removal therefrom; (c) the entry in the register of any limitation on a person's right to practise, other than the entry of an order for suspension made under Rule nine of these rules, or of the entry of the removal or alteration of such limitation; (d) the satisfying of the Minister or such person as the Minister shall authorize that a certificate is sued under these rules has been lost or destroyed, and payment of the prescribed fee. The Minister shall cause to be issued to the person concerned a certificate in writing, signed by him or on his behalf, which shall be, with the necessary modi fications, in the form set out in the Schedule hereto, and which shall contain full particulars of the mat ters recorded in respect of such person in the register, and which shall state the period of validity of that cer tificate: Provided that no such certificate shall be issued un less the person concerned has returned to the Minister or such person as the Minister shall authorize any cer tificate under these rules which has been issued to him or has given the Minister reasonable grounds for sup posing that by reason of its loss or destruction he is unable to do so.

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(2) Such a certificate shall be valid only until: (a) the last day of December of the year in respect of which it is issued ; or (b) the date of the removal of the name of the per son concerned from the register or the making of an entry in the register affecting any limitation on such person's right to practise, not being the entry of an order for suspension made under Rule nine of these rules. Whichever of such dates is the earlier. C<YUrt may demand certificate 7. Any Court before which a person appears claim ing to practise, may if it has reasonable grounds for doubting that such a person is authorized under these rules to practise before it, demand the production be fore it of a valid certificate given under these rules in respect of that person, and, unless or until such a certificate is so produced, may prohibit such person from appearing before it. In the case of such a prohibi tion such a person shall not, notwithstanding the fact that he may be registered under these rules, practise before the said Court unless and until he produces to the Court such a certificate. Advocates' Disciplinary Committee 8. (1) There shall be constituted an Advocates' Disciplinary Committee (hereinafter referred to as "The Committee") consisting of five persons ap pointed by the Minister or by such person as the Min ister shall authorize either generally or for the pur pose of one or more of the enquiries hereinafter referred to. (2) It shall be the duty of the Committee to en quire into any conduct of a person at any time regis tered alleged to have taken place either while reg istered or in connection with an application for regis tration, which is of such a nature as to suggest that person is not of a character suitable for assisting in the administration of justice, and to report their findings

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in writing to the Minister or to such person as the Minister shall authorize forthwith. Removal from register

(3) If the Committee on such an enquiry finds that a person registered has been guilty of conduct of the nature and taking place in the circumstances set out in the last preceding paragraph, the Minister or such person as the Minister shall authorize may remove his name from the register for such period as may to him seem proper. (4) (a) On an enquiry under this rule the findings of a majority of the Committee shall be ,a finding of the Committee. (b) On an enquiry under this rule a person whose conduct is enquired into shall be entitled to be heard by the Committee in his own defence and to call evi dence relating to the matter in question, including evi dence as to his character. Summary suspension by a Court

9. (1) If during the course of any proceedings be fore it a Court considers that the conduct of an ad vocate in such proceedings shows disrespect for the Court or is such as to suggest that such advocate is not of a character suitable for the administration of justice, it may forthwith order that he be suspended from practising for a period not exceeding one month or may subject him to a fine not exceeding two hundred and fifty Ethiopian dollars or may both order such suspension and subject him to such fine. (2) On the making of an order for suspension un der the last preceding paragraph the Court making such order shall forthwith inform the Minister or such person as the Minister shall authorize in writing thereof, giving full particulars of the reason therefor and stating whether ·any, and if so what, fine was im posed upon the advocate concerned in addition to such suspension.

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(3) The making of an order or the imposing of a fine under this rule shall not affect the power of the Minister under Rule four of these rules. (4) No person shall practise during the period of operation of an order for suspension made under this rule, notwithstanding the fact that he may be regisÂ tered during that period.

CHAPTER 11. CONCLUSION. Some countries of modern Africa are unfortunately characterized by frequent change or overthrow of gov ernments and retrenchment of human rights which all too often are tragically accompanied by violence and bloodshed. That this is not true in Ethiopia is due to the dynamic leadership of incumbent Emperor Haile Sellassie I for over fifty years. After an inheritance of 3,000 years of one man rule, He voluntarily gave His people their first Constitution and Parliament. This action was unique on the African continent. The transition from an absolute to a Constitutional Monarchy in Ethiopia has been smooth and enlightened. With the decrease of illiteracy and increase of political acumen on the part of the electorate, more powers of government are constantly being transferred by His Imperial Majesty to the people. The latest step in this direction occurred in 1966 when the Prime Minister was given the authority to select his own Cabinet subject to approval by His Imperial Majesty. In terms of political stability and growth of democratic institutions, Ethiopia could thus well be held out as a model for all Africa if not the entire world. Although the Ethiopian Parliament is only a gen eration old, it is no mere figurehead or rubber stamp. All measures properly before it are subject to frank deliberation and objective criticism.. For example, in 1964 the Parliament defeated the Draft Legislation proposed by the executive for an Italian loan, in 1966 it rejected the executive request for a higher health tax on land, and in 1963 it repealed the executive de cree which provided for a building materials excise

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tax. It is true that most of the substantive primary legislation enacted to date in Ethiopia has been in itiated by the executive, the only exception being the law fixing- the salaries of members of Parliament. But every indication is that Ethiopia's successful approach of a gradual shift from the absolute power of the monarch to a rule of responsibility by the people has been based upon wisdom and maturity. Indeed, His Imperial Majesty will certainly be recorded by history as one of the great figures of the 20th century along with Churchill and Kennedy. In a recent article in Volume II, Number 2 of Jour nal of Ethi<YJ)ian Law (1966), Professor George Krzeczunowicz states : Ethiopia's juristic development presents, in most respects, a striking contrast to the rest of sub-Saharan Africa. Only Ethiopia had its own ancient code of law. Ethiopia alone evolved a unique legal system related to its tradition and to both continental and common law concepts. Also extremely original is the pace of development in, respectively, Ethiopian public and private law. Indeed, while in the constitutional field, Ethiopia can be distinguished from most of Africa by the caution and gradualness with which its political structures evolved from the traditional Ethiopian concepts of government, in the sphere of private law the reverse is true. In another contrast to most of Africa, the recent reform of private law in Ethiopia was sudden and total. The reward for the gradualness in Ethiopian constitutional development has been a political stability unique on this strife-torn continent. It is hoped that the capsule background of the pres ent legal system of Ethiopia presented in this text will expedite the efforts of the researcher interested in the law of this vital and fascinating country of Africa.

APPENDIX A REVISED CONSTITUTION OF ETHIOPIA AS PROMULGATED BY HIS IMPERIAL MAJESTY HAILE SELLASSIE I November 4th, 1955, on the occasion of the Twenty Fifth Anniversary of His Coronation. NEGARIT GAZETA 15th Year No. 2 Addis Ababa, November 4, 1955.

PROCLAMATION PROMULGATING THE RE VISED CONSTITUTION OF THE EMPIRE OF ETHIOPIA CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE 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 Ethi opia; and WHEREAS, ALMIGHTY GOD, THE SOURCE OF ALL BENEFITS, has strengthened and inspired Us to lead Our beloved P�ople, 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 prog ress achieved and of laying a solid basis for the hap piness and prosperity of the present and future generations of Our People, We have prepared a Re vised Constitution for Our Empire, after many years of searching study and reflections; and

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WHEREAS, Our Parliament, after due examination and deliberation, has submitted to Us its approval of this Revised Constitution; Now THEREFORE, WE HAILE SELLASSIE 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 from to-day, the Revised Constitution of the Empire of Ethiopia, for the bene fit, welfare, and progress of Our beloved People. GIVEN in Our Imperial Capital, on this the 4th day of November, 1955, and on the Twenty-Fifth Anni versary of Our Coronation. HAILE SEILASSIE I Emperor TSAHAFE TEZAZ TAFARRA WORQ Minister of the Pen

CHAPTER I.

THE ETIDOPIAN EMPIRE AND THE SUC CESSION TO THE THRONE. ARTICLE 1. The Empire of Ethiopia comprises all the terri tories, including the islands and the territorial wa ters, under the sovereignty of the Ethiopian Crown. Its sovereignty and territory are indivisible. Its ter ritories and the sovereign rights therein are inalien able. All Ethiopian subjects, whether living within or without the Empire, constitute the Ethiopian People.

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ARTICLE 2. The Imperial dignity shall remain perpetually at tached to the line of Haile Sellassie I, descendant of King Sahle Sellassie, whose line descends without in terruption 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 Em pire by the descendants of the Emperor and the exer cise 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 power indisputable. He is, consequently, entitled to all the honors due to Him in accordance with tradi tion 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. In conformity with the provisions of this Article and the following Articles 6-16, a special law shall determine the order of, and the qualifications for the succession.

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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 at tained 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 preroga tives 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 proper ties of the Crown and of the Emperor. Regency shall automatically terminate upon the cessation, as re gards the Emperor, of the conditions having given rise to the Regency, in accordance with the provi sions of the present article. Regency shall be exer cised, respectively, in the situations as provided for

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in Articles 9 and 11, by the person or by the Coun cil, as provided for in Articles 10 and 11. ARTICLE 9. In the event that the Emperor, or in the event that the Crown Prince or 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 Em press 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 Arch bishop, the Prime Minister, the President of the Senate and the President of the Chamber of Depu ties. 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 Re gency 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 the 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

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attained his eighteenth year, the Regency shall be ex ercised by the Council of Regency, which shall auto matically relinquish its functions to the Crown Prince or 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 Pre sumptive, 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 Guard ianship to be convened and to assume its responsi bilities 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 re ceive in trust for the Crown Prince one-third of the annual income and revenues received by the predeces sor 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 con sulted the Crown Council, publicly designate as Heir Presumptive from amongst His nearest male rela tives, a direct descendant of Sahle Sellassie, meeting the requirements for succession to the Throne. (b) The determinations as to the qualifications for succession shall be made by the Emperor, after hav ing previously consulted the Crown Council.

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(c) In case of a determination that a male descen dant is incapable of meeting the requirements for suc cession, such determination shall operate to exclude such male descendant in favor of the next male de scendant, or, in favor of the Heir Presumptive. The designation of an Heir Presumptive shall become in operative upon the subsequent birth of a male de scendant. (d) In case of the minority of the Emperor, the designation of an Heir Presumptive shall, in accor dance with the provisions of the present article, be effected by the Council of Regency. However, at the ) time of His coronation, and at any time thereafter, the Emperor shall be free to designate, in accordance with the provisions of the present Article, another Heir Presumptive in replacement of the Heir Pre sumptive 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 appear ances, attended by the Council of Regency, the Princes, and the Dignitaries. 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

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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, pr1v1leges, 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, fol足 lowed 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, fol足 lowed 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 pe足 riod 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 at足 taining the age of eighteen. In the event that the coronation takes place during a period of full or half

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mourning, such period of mourning shall be termi nated 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 inalien able as belonging to the Empire. (b) From the date of the proclamation of the pres ent Constitution, all realty registered in the name of the Crown are held in trust for the Crown under the administration 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 fulfilment of His functions under the present Constitution. In case of a Regency, the civil list shall be annually deter mined by law. (d) All properties held in the names of the Em peror or members of the Imperial Family are pri vate 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 direc tion and He may make such arrangements in regard thereto as He deems 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

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the Emperor, the following oath which shall be ad ministered by the Archbishop : "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 in heritance of His Majesty the Emperor, so long as I shall remain a member of the Council of Re gency; that I will, at all times respect and defend the Constitution; and that in all my actions and conduct as a 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 of Ethi opia. So help me God." The Archbishop 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 ........................ Emperor of Ethiopia, swear that We will uphold and defend the Constitution of the Empire; that We will govern Our Subjects with patience and de votion to their general welfare in accordance with the Constitution and the laws; that We will faith fully 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 Saint Mark of Alexandria, professed in Ethiopia since the Holy Emperors Abreha and Atsbiha; that We will ever promote the spiritual and material wel-

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fare and advancement of Our Subjects; and that, with the aid of the Almighty, We will faithfully execute the promises which We have here under taken. 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, all members of the Crown Council and all members of the Parlia ment, 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 or the Heir Presumptive, as the case may be, if over age of twelve, shall take the following oath: "In the name of the Almighty, I hereby swear that I will faithfully observe all the precepts and direc tions 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 so impatient as Adonis or so daring as Absalom; that I will ever conduct myself so as to be worthy of my Sire ("Sovereign" in the case of an Heir Presumptive), of my Imperial Blood and of the high station which is ("may be" in the case of an Heir Presumptive) my destiny; that I will, at all times, respect the Constitution and the laws, and will ever profess and defend the Faith of our Orthodox Church. I swear that, with the assistance of the Almighty,

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I will faithfully execute the promises which I have here undertaken. So help me God." In the event 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 his attaining the age of eigh teen. ARTICLE 24. In pursuance of the requirements of Article 22, the members of the Crown Council shall take the fol lowing oath: "In the name of the Almighty, I hereby swear al legiance and fidelity to my Sovereign, His Imperial Majesty........ and that I will, as a member of the Crown Council, faithfully place above all else the interest and welfare of Ethiopia and of its Sov ereign; that I will, at all times, faithfully respect the Constitution and laws of the Empire, and that I will disclose no secret or confidential information revealed to me in connection with my official du ties and position. So help me God." ARTICLE 25. 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 al legiance and fidelity to my Sovereign, His Imperial Majesty........ and that I will, as a member of the Parliament, faithfully place above all else the in terest and welfare of Ethiopia and of its Sovereign;

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that I will, at all times, faithfully respect the Con stitution and laws of the Empire, and that ·I will disclose no secret or confidential information re vealed to me in connection with my official duties and position. So help me God."

CHAPTER II. THE POWERS AND PREROGATIVES OF THE EMPEROR. ARTICLE 26. The Sovereignty of the Empire is vested in the Em peror and the supreme authority over all the affairs of the Empire is exercised by Him as the Head of State, in the manner provided for in the present Con stitution. ARTICLE 27. The Emperor determines the organization, powers and duties of all Ministries, executive departments and the administration of the Government and ap points, promotes, transfers, suspends and dismisses the officials of the same. ARTICLE 28. The Emperor appoints Mayors of the municipali ties referred to in Article 129 of the present Constitu tion, from three candidates presented, in each case, by the Municipal Councils thereof. ARTICLE 29. The Emperor reserves the right, with the advice and consent of Parliament, to declare war. He, further,

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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 command 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 mea sures as are necessary to meet a threat to the de fense 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 ac credits and receives Ambassadors, Ministers and Missions ; He, alone, has the right to settle disputes with foreign Powers by adjudication and other peace ful means, and provides for and agrees to measures of co-operation with foreign Powers for the realiza tion of the ends of security and common defense. He, alone, has the right to ratify, on behalf of Ethi opia, treaties and other international agreements, and to determine which treaties and international agreements shall be subject to ratification before be coming 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 jurisdiction over any part of such territory, or laying a burden on Ethi opian subjects personally, or modifying legislation in existence, or requiring expenditures of state funds, or involving loans or monopolies, shall, before becom-

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ing 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 Articles 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 sub ject, nor any foreign national in any Government service in the Empire, may accept any honor, insignia of order, dignity, or title of or from, a foreign gov ernment. The granting of any title, honor or order may exempt no one from the common duties and bur dens 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 as surances of Imperial favor, retain the title and rank of the office they have filled. (d) The Emperor also makes grants from aban doned 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 is sue money. ARTICLE 33. The Emperor has the right to convene the annual sessions of the deliberative Chambers and to convoke

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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 con cerning 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 ex tend, any session of Parliament. He has the right to dissolve the Chambers, or either of them, by an Or der, 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 Chamber for a session within four months from the date of the Order. ARTICLE 34. In accordance with the provisions of Articles 86, 88, 91, and 92 of the present Constitution, the Em peror has the right to initiate legislation and to origi nate other resolutions and to proclaim all laws, after the same shall have been passed by the Parliament. ARTICLE 35. The Emperor has the right and the duty to main tain justice through the courts; and the right to grant pardons and amnesties and to commute pen alties. 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 enjoy ment of the human rights and fundamental liberties recognized in the present Constitution; and the pro-

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tection of all His subjects and their rights and in terests abroad. Subject to the other provisions of this Constitution, He has all the right and powers neces sary for the accomplishment of the ends set out in the present Article.

CHAPTER III. RIGHTS AND DUTIES OF THE PEOPLE. ARTICLE 37. No one shall be denied the equal protection of the laws. ARTICLE 38. There shall be no discrimination amongst Ethi opian subjects with respect to the enjoyment of all civil rights. ARTICLE 39. The law shall determine the conditions of acquisi tion and loss of Ethiopian nationality and of Ethi opian citizenship. ARTICLE 40. There shall be no interference with the exercise, in accordance with the law, of the rites of any religion or creed by residents of the Empire, provided that such rites be not utilized for political purposes or be not prejudicial to public order or morality. ARTICLE 41. Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law.

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ARTICLE 42. Correspondence shall be subject to no censorship, except in time of declared national emergency. ARTICLE 43. No one within the Empire may be deprived of life, liberty or property without due process of law, ARTICLE 44. Everyone has the right, within the limits of the law, to own and dispose of property. No one may be deprived of his property except upon a finding by ministerial order issued pursuant to the requirements of a special expropriation law enacted in accordance with the provisions of Articles 88, 89 or 90 of the present Constitution, and except upon payment of just compensation determined, in the absence of agree足 ment, by judicial procedures established by law. Said ministerial order, to be effective, shall be approved by the Council of Ministers and published in the Negarit Gazeta. ARTICLE 45. Ethiopian subjects shall have the right, in accor足 dance with the conditions prescribed by law, to as足 semble peaceably and without arms. ARTICLE 46. Freedom to travel within the Empire and to change domicile therein is assured to all subjects of the Em足 pire, in accordance with the law.

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ARTICLE 47. Every Ethiopian subject has the right to engage in any occupation and, to that end, to form or join as足 sociations, in accordance with the law. ARTICLE 48. The Ethiopian family, as the source of the mainte足 nance and development of the Empire and the primary basis of education and social harmony, is under the special protection of the law. ARTICLE 49. No Ethiopian subject may be banished from the Empire. ARTICLE 50. No Ethiopian subject may be extradited to a foreign country. No other person shall be extradited except as provided by international agreement. ARTICLE 51. No one may be arrested without a warrant issued by a court, except in case of flagrant or serious viola足 tion of the law in force. Every arrested person shall be brought before the judicial authority within forty足 eight hours of his arrest. However, if the arrest takes place in a locality which is removed from the court by a distance which can be traversed only on foot in not less than forty-eight hours, the court shall have discretion to extend the period of forty-eight hours. The period of detention shall be reckoned as a part of the term of imprisonment imposed by sentence. No one

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shall be held in prison awaiting trial on a criminal charge the sole penalty for which is a fine. ARTICLE 52. In all criminal prosecutions, the accused, duly sub mitting to the court, shall have the right to a speedy trial and to be confronted with the witnesses against him, to have compulsory process, in accordance with the law, for obtaining witnesses in his favor, at the expense of the Government and to have the assistance of counsel for his defense, who, if the accused is un able to obtain the same by his own efforts or through his own funds, shall be assigned and provided to the accused by the court. ARTICLE 53. No person accused of and arrested for a crime shall be presumed guilty until so proved. ARTICLE 54. Punishment is personal. No one shall be punished except in accordance with the law and after convic tion of an offense committed by him. ARTICLE 55. No one shall be punished for any offense which has not been declared by law to be punishable before the commission of such offense, or shall suffer any pun ishment greater than that which was provided by the law in force at the time of the commission of the of fense.

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ARTICLE 56. No one shall be punished twice for the same offense. ARTICLE 57. No one shall be subjected to cruel and inhuman punÂ ishment. ARTICLE 58. No one shall be imprisoned for debt, except in case of legally proved fraud or of refusal either, to pay money or property adjudged by the court to have been taken in violation of the law, or to pay a fine, or to fulÂ fil legal obligations of maintenance. This provision shall not have the effect of releasing the debtor from his obligations. ARTICLE 59. No sentence of death shall be executed unless it be confirmed by the Emperor. ARTICLE 60. Confiscation of property as a penalty shall not be imposed except in cases of treason, as defined by law, against the Emperor or the Empire; sequestration of property as a penalty shall not be imposed except in cases of property belonging to persons residing abroad and conspiring against or engaging in deliberately hostile acts, as defined by law, against the Emperor or the Empire. Attachment proceedings covering the whole or part of the property of a person, made under judicial authority, to cover payment of civil liability, or liability arising out of the commission of an offense,

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or to meet taxes or fines, shall not be deemed a con足 fiscation of property. ARTICLE 61. All persons and all private domiciles shall be exempt from unlawful searches and seizures. ARTICLE 62. (a) In accordance with tradition and the provisions of Article 4 of this Constitution, no one shall have the right to bring suit against the Emperor. (b) Any resident of the Empire may bring suit, in the courts of Ethiopia, against the Government, or any Ministry, Department, Agency or instrumentality thereof, for wrongful acts resulting in substantial damage. In the event that the courts shall find that such suit has been brought maliciously or without foundation, the Government, or any Ministry, Depart足 ment, Agency, instrumentality, or official thereof against whom or which such suit was brought, shall have a right of action against such resident for such malicious or unfounded suit, and the court shall, in such case, decree remedies or penalties according to the law. ARTICLE 63. Everyone in the Empire shall have the right to pre足 sent petitions to the Emperor. ARTICLE 64. Everyone in the Empire has the duty to respect and obey the Constitution, laws, decrees, orders and regu足 lations of the Empire. Ethiopian subjects, in addi-

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tion, owe loyalty to the Emperor and to the Empire,. and have the duty of defending the Emperor and the Empire against all enemies, foreign and domestic, to perform public services, including military services, when called upon to do so, and to exercise the right of suffrage which is conferred upon them by the Consti tution. ARTICLE 65. Respect for the rights and freedoms of others and the requirements of public order and the general wel fare, shall alone justify any limitations upon the rights guaranteed in the foregoing articles of the present Chapter. CHAPTER IV. THE MINISTERS OF THE EMPIRE.

ARTICLE 66. The Emperor has the right to select, appoint and dismiss the Prime Minister and all other Ministers and Vice Ministers, each of whom shall, before entering upon his functions, take before the Emperor, the fol lowing oath of fidelity to the Emperor and to the Con stitution: "In the name of the Almighty, I hereby swear allegiance and fidelity to my Sovereign, His Imperial Majesty .................... and that, as member of the Council of Ministers, I will faithfully place above all else the interest and welfare of Ethiopia and of its Sovereign; that I will, at ,all times, faithfully respect the Constitution and laws of the Empire, and that I will disclose no secret or conE-8

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fidential information revealed to me in connection with my official duties and position. So help me God." The appointment, promotion, transfer, suspension, retirement, dismissal and discipline of all other Gov足 ernment officials and employees shall be governed by regulations made by the Council of Ministers and ap足 proved and proclaimed by the Emperor. ARTICLE 67. Princes eligible for the Crown shall not be appointed .Ministers in the Council of Ministers. No one whose parents were not Ethiopian subjects at the time of his birth shall be appointed a Minister. ARTICLE 68. Each Minister shall be individually responsible to the Emperor and to the State for the discharge of the -duties of his respective Ministry, including the execu足 tion of the laws and decrees concerning that Ministry. ARTICLE 69. The Ministers shall form collectively the Council of Ministers and shall be responsible to the Emperor for .all advice and recommendations given to Him in Coun足 -cil. The rules of procedure of the Council shall be drawn up by the Ministers in Council and submitted to the Emperor for approval. ARTICLE 70. The Emperor may, in such instances as He deems ..appropriate, convene the Crown Council, which shall

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consist of the Archbishop, such Princes, Ministers, and Dignitaries as may be designated by Him, and the President of the Senate. The Crown Council shall be presided over by the Emperor or by a member desig nated by Him. ARTICLE 71. The Ministers shall discuss in Council and, through the Prime Minister, submit to the Emperor all matters of policy therein discussed. In all cases in which legis lation is deemed to be necessary or appropriate, the decisions made in Council and ,approved by the Em peror shall be communicated by the Prime Minister to Parliament in the form of proposals for legislation. ARTICLE 72. The Prime Minister shall present to Parliament pro posals of legislation made by the Council of Ministers and approved by the Emperor. He shall also present to the Emperor the proposals of legislation approved by the Parliament and the decrees proposed by the Coun cil of Ministers. He shall have the right to attend any meeting of either Chamber of Parliament, or any joint meeting of the Chambers, or any meeting of any committee of either Chamber, and to speak at such meetings on any question under discussion. He shall be obliged to attend personally, or by his deputy, either Chamber, when his presence is requested by a majority vote of the members thereof and to answer, verbally or in writing, questions concerning his office. ARTICLE 73. The Ministers shrul have the right to attend any meeting of either Chamber of Parliament, or any

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joint meeting of the Chambers, or any meeting of any committee of either Chamber, and to speak at such meetings on any question concerning conduct of their Ministries; and they shall be obliged, in person, or by their deputies, to answer, verbally or in writing, quesÂ tions concerning the legislation to be enacted. ARTICLE 74. No Minister, nor any person in a position with or in the service of the Government may : (a) for remuneration, compensation or benefit of financial value engage in any activity or accept a posiÂ tion in or with any enterprise or organization in which there is no governmental participation; (b) enter into or be a party to any contract or other arrangement with any governmental organization in the Empire awarding, permitting or recognizing any concession or monopolistic or other exclusive privilege in the nature of a concession or monopoly. (c) However, such Minister or person shall be free to manage and develop his properties so long as their management or development is not prejudicial to or inconsistent with the performance of his duties. ARTICLE 75. The Ministers, including the Prime Minister, may be tried only before the Supreme Imperial Court upon charges of offenses as determined by the law, comÂ mitted in connection with their official functions. Such prosecution may be initiated either by order of the Emperor or by a majority vote of both Houses of Parliament. A special prosecutor shall be appointed to that end, conformably to the order of the Emperor.

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CHAPTER V. THE LEGISLATIVE CHAMBERS. SECTION 1. - Provisions Applicable to Both Chambers. ARTICLE 76. The Parliament shall be composed of a Chamber of Deputies and a Senate. No one can be simultaneously a member of both the Chamber of Deputies and the Senate. The two Chambers shall meet together at the beginning and the end of each session, in the circum stances set forth in Articles 90 and 91, upon the call of the Emperor, and upon such other occasions as may be determined by the Chambers. The President of the Senate shall preside at all joint meetings of the Chambers. ARTICLE 77.

The regular sessions of Parliament shall convene on the 4th of November of each year in the Capital of the Empire and shall continue to June 8th. Until a new Parliament shall be elected and con vened in accordance with the present Constitution and the electoral law to be enacted, the two Chambers of Parliament, as heretofore constituted, shall continue to sit and shall, in accordance with the provisions and procedures established in Chapter V of the present Constitution, exercise the prerogatives and functions and fulfil the responsibilities· provided for in respect of Parliament. The first election to the Chamber of Deputies shall be completed within two years from the entry into force of the present Constitution and in ac cordance with the provisions of the electoral law.

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ARTICLE 78. No meeting of either Chamber of Parliament shall be closed to the public except upon a request by the Prime Minister, or upon a decision by a majority vote of the Chamber of Deputies or the Senate, as the case may be, to that effect. No joint meeting of the Cham bers shall be closed to the public except upon a. re quest by the Prime Minister or a decision by the ma jority of each of the Chambers to that effect. If, after a question has been declared to be secret, a member of either Chamber makes it known to the public, either in a speech, or by the press, or by writings, or in any other way, he shall be punished according to the provi sions of Penal Law. ARTICLE 79. Neither of the Chambers shall commence its de liberations on the first day of any session without the presence of two-thirds of its members, or continue its deliberations, or take any vote on any succeeding day of any session without the presence of a majority of its members. At joint meetings of the Chambers, the presence of a majority of the members of each Cham ber shall be required for deliberations and for voting. ARTICLE 80. If the quorum of Deputies and of Senators pre scribed in Article 79 is not present on the day desig nated for the convening of Parliament or if, there after, either of the Chambers, or the Chambers in joint meeting, cannot continue deliberations or vote for lack of the required attendance, the members pres ent shall take such measures as may be authorized in

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the rules of procedure of the respective Chambers, to compel the attendance of a sufficient number of the absent members. ARTICLE 81. Every Deputy or Senator, before taking his seat in the Chamber to which he has been elected or ap pointed, shall take, before the Emperor, or if directed .by Him, before the President of the Legislative Cham ber concerned, an oath of loyalty to the Emperor and to the Empire, and shall swear that he will obey the Constitution and the laws of the Empire and will perform his duties conscientiously and without fear or favor. ARTICLE 82. Each Chamber shall determine its own rules of pro cedure and internal discipline. ARTICLE 83. Members of Parliament shall receive salaries de termined by law. Any law increasing the salaries of members of Parliament shall be effective only from the date of the election of the next Parliament. ARTICLE 84. No action or charge may be brought against any member of Parliament, or against any Minister ap pearing by right or upon the invitation of either Chamber, for words uttered or written statements sub mitted by him at any meeting of either Chamber, or any joint meeting of the Chambers, or any meeting of any committee of either Chamber. Nevertheless, every

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member of each Chamber of Parliament shall be obliged to respect all rules of order, conduct and pro cedure adopted by such Chamber for the transaction of its business and shall be subject to disciplinary ac tion on the part of such Chamber for violation of such rules. No action or charge may be brought against any person or any newspaper for publication, by or under the authority of Parliament or of either Cham ber thereof, as the case may be, of any report, paper, votes or proceedings of Parliament or either Chamber thereof, as the case may be. ARTICLE 85. No member of Parliament, during a session thereof, may be arrested or detained qr summoned to answer a criminal charge, unless the permission of the Chamber of which he is a member be obtained, or he be arrested in fiagrante delicto. A comparable immunity does not apply to civil cases. ARTICLE 86. Laws may be proposed to either, or both Chambers of Parliament: (a) by the Emperor, or (b) by ten or more members of either Chamber of Parliament, except that every proposal involving an increase in governmental expenditure or a new or increased tax shall first be presented to the Chamber of Deputies. ARTICLE 87. All matters in either Chamber or in joint meeting of the Chambers shall be determined by vote of the

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majority of the members present, except as provided in Article 131. In the event of an equal division of votes, the presiding officer shall have a casting vote. ARTICLE 88. Every proposal of legislation approved by one Chamber of Parliament shall be immediately for warded through the President thereof to the other Chamber. If it is approved by the· other without amendments within a period of two months, it shall be promptly communicated through the Prime Minis ter to the Emperor and shall either be promulgated as law, or returned by the Emperor to the Chambers with His observations thereon, or with a new proposal of legislation as provided in Article 91. All laws duly approved by both Chambers of Parliament shall be forwarded to the Emperor through the Prime Min ister, by the Presidents of the Chamber of Deputies and of the Senate. In the event that such law shall re ceive the approval and signature of the Emperor, it shall be published by the Minister of the Pen in the Negarit Gazeta, with recital of the affixing of the Signature and the Great Seal of the Emperor. All Im perial Decrees and all ministerial decrees and orders shall be published in the Negarit Gazeta. ARTICLE 89. If a proposal of legislation approved by one Cham ber is not finally acted upon by the other within the aforesaid period of two months, the Chambers shall meet together to discuss the said proposal. If the pro posal is approved in such joint meeting, with or with out amendments, within 30 days, it shall be communi-

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cated to the Emperor for action in accordance with Article 88. ARTICLE 90. If, within the aforesaid period of two months, a proposal of legislation approved by one Chamber, is approved by the other with amendments, the said pro posal shall be returned to the first Chamber for fur ther consideration. If, upon such further consider ation, it is approved within 30 days, by the first Chamber, with the said amendments, it shall be com municated to the Emperor for action in accordance with Article 88. If, within 30 days, the amendments are not accepted by the first Chamber, the Chambers shall, thereupon, meet together to discuss the pro posal. If, in such joint meeting, the proposal is ap proved, with or without amendments, within 30 days, it shall, thereupon, be communicated to the Emperor for action in accordance with Article 88. ARTICLE 91. If a proposal of legislation approved in one of the Chambers is rejected by the other within two months after its communication to it, as provided in Article 88, or if a proposal of legislation is not approved, with or without amendments, after discussion in a joint meeting, as provided in Articles 89 and 90, full re ports on the situation shall be promptly communicated to the Emperor by the Presidents of both Chambers of Parliament, through the Prime Minister, and the Emperor may, thereupon, cause to be transmitted to both Chambers of Parliament, His observations in re gard to such reports and such proposal of legislation,

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or cause to be transmitted to the Chambers, a pr9posal of legislation on the same subject. ARTICLE 92. In cases of emergency that arise when the Cham bers are not sitting, the Emperor may proclaim de crees consistent with the Constitution, which shall have the force of law upon publication in the Negarit Gazeta, pending a decision on the same by Parliament. To that end, the text of each such decree shall be trans mitted for consideration by both Chambers of Parlia ment at their first meeting following each such Proc lamation. In the event that, conformably to the pro visions of Articles 88, 89 or 90, of the present Con stitution, Parliament shall approve decrees, they shall continue in force and shall become law upon publica tion, in the Negarit Gazeta, of said approval. In the event that Parliament shall disapprove any such decree, each such decree shall cease to have force and effect, upon the publication, in the Negarit Gazeta, of such disapproval. SECTION II. - The Chamber of Deputies.

ARTICLE 93. The entire territory of the Empire, as defined in Article 1 of the present Constitution, shall be divided into electoral districts containing, as nearly as possible, two hundred thousand inhabitants. The location and limits of each electoral district shall be determined by law and each such district shall be as regular in shape as circumstances permit. In addition, each town with a population exceeding thirty thousand inhabi-

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tants shall be entitled to one Deputy and an additional Deputy for each fifty thousand inhabitants in excess of thirty thousand. ARTICLE 94. Each electoral district shall be represented by two Deputies. ARTICLE 95. All Ethiopian subjects by birth, of twenty-one years of age or more, who are regularly domiciled or habitÂ ually present in any electoral district and who possess the qualifications required by the electoral law, shall have the right to vote in such electoral district for the candidates from such district, as members of the Chamber of Deputies. The system of voting shall be secret and direct. Details of procedure shall be preÂ scribed by law. ARTICLE 96. To be eligible as a Deputy, a person must be, by birth, an Ethiopian subject who: (a) has reached the age of twenty-five years; (b) is a bona fide resident and owner of property in his electoral district, to the extent required by the electoral law; and (c) is not disqualified under any provision of the electoral law. ARTICLE 97. Deputies shall be elected for terms of four years and shall be eligible for re-election subject to their con-

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tinued possession o� the qualifications set forth in Ar ticle 96. ARTICLE 98. Vacancies that may occur in the membership of the Chamber of Deputies shall be filled as provided in the electoral law. ARTICLE 99. The President and two Vice Presidents of the Chamber of Deputies shall be elected each year from and by the members of the Chamber. ARTICLE 100. The Chamber of Deputies shall be sole judge of the qualifications and election of its members.

SECTION III. - The Senate. ARTICLE 101. The Senate shall consist of the Senators appointed by the Emperor for six years. ARTICLE 102. The Senate shall be composed of a number of per sons, not exceeding one-half of the total number of Deputies, to be chosen by the Emperor from amongst those who have, by their acts, secured the confidence and esteem of the people, and from amongst those who have served their country and their government with distinction.

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ARTICLE 103. To be eligible for appointment as a member of the Senate, a person must be, by birth, an Ethiopian sub ject who: (a) has reached the age of thirty-five years; (b) is a Prince or other Dignitary, or a f<?rmer high governmental official, or other person generally es teemed for his character, judgment and public ser vices; and (c) is not disqualified under any provision of the electoral law. ARTICLE 104. The Senators first appointed by the Emperor, as provided in Article 101, shall, immediately after their first meeting, be divided into three equal groups. The Senators of the first group shall be succeeded at the end of the second year by Senators appointed in ac cordance with the provisions of Article 101, those of the second group, at the end of the fourth year, and those of the third group, at the end of the sixth year, so that one-third be succeeded every second year. ARTICLE 105. Senators shall be eligible for re-appointment sub ject to their continued possession of the qualifications set forth in Article 103. ARTICLE 106. Vacancies in the membership of the Senate shall be filled by appointments in the manner provided in Arti cle 101.

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ARTICLE 107. The President and two Vice Presidents of the Senate shall be appointed each year by the Emperor from amongst the Senators. CHAPTER VI. THE JUDICIAL POWER. ARTICLE 108. The judicial power shall be vested in the courts es tablished by law and shall be exercised by the courts in accordance with the law and in the name of the Emperor. Except in situations declared in conformity with the provisions of Article 29 of the present Con stitution, no perso�s, except those in active military service, may be subject to trial by military courts. ARTICLE 109. There shall be a Supreme Imperial Court and such other courts as may be authorized or established by law. The jurisdiction of each court shall be· deter mined by law. ARTICLE 110. The judges shall be independent in conducting trials and giving judgment in accordance with the law. In the administration of justice, they submit to no other authority than that of the law. ARTICLE 111. The judges shall be appointed by the Emperor. They shall be of the highest character and reputation and

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shall be experienced and skilled in the law which they may be called upon to apply. Their nomination, ap pointment, promotion, removal, transfer and retire ment shall be determined by special law governing the Judiciary. ARTICLE· 112. Judges shall sit in public, except that in cases which might endanger public order or affect public morals, they may sit in ca,mera.

CHAPTER VII. FINANCE. ARTICLE 113. No tax, duty, impost or excise shall be imposed, in creased, reduced or abolished, except by law. No ex emption from payment of any tax, duty, impost or ex cise imposed by law shall be granted, except as autho rized by law. ARTICLE 114. None of the public revenues shall be expended, ex cept as authorized by law. ARTICLE 115. The fiscal year shall be fixed by special law. The Council of Ministers shall, each year, with the ap proval of the Emperor, and in accordance with the re quirements of the law, present to Parliament a draft of a law for the approval of the budget of the follow-

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ing year, which budget shall accompany the said draft of law. ARTICLE 116. Each of the Chambers of Parliament shall examine the said budget in detail and vote on it item by item. Parliament shall, under no circumstances, increase the total sum set down in the budget for expenditures. The allowance for unforeseen expenses in the said budget shall be fixed by Parliament. Parliament shall com足 plete the budget vote for submission to the Emperor, at least one month before the beginning of the new fiscal year. ARTICLE 117. If the draft of law presented, as provided in Arti足 cle 116, has not been approved by Parliament and proclaimed as law before the beginning of the new fiscal year, the budget of the previous year shall con足 tinue in force until a new budget law has been pro足 claimed. ARTICLE 118. If additional funds are urgently required in the course of any fiscal year, the Minister or Ministers concerned, shall present a supplementary budget to the Council of Ministers, who, with the approval of the Emperor, may present an appropriate draft of law to the Chamber of Deputies. ARTICLE 119. No loan or pledge, guaranty or collateral therefor, may be contracted for, within or without the Empire, by any governmental organization within the Empire,

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except as authorized by a law duly adopted in accor.: dance with the provisions of Articles 88, 89 or 90 of the present Constitution. ARTICLE 120. Within four months after the end of every fiscal year, the Council of Ministers shall present to the Em足 peror and to Parliament a detailed report on the re足 ceipts and expenditures of the said year. The report shall be immediately referred to the Auditor General, who shall, within three months, present his comments thereon to the Emperor and to Parliament. ARTICLE 121. There shall be an Auditor General who shall be ap足 pointed by the Emperor. He shall be a person who is known to be of the highest character, as well as to possess the requisite technical capacity. His functions shall be defined by law. They shall include the auditing of the accounts of all Ministeries, Departments and Agencies of the Government, and the making of pe足 riodical reports to the Emperor and to Parliament on the fiscal operations of the Government. The Auditor General shall, at all times, be entitled to have access to all books and records relating to the said accounts.

CHAPTER VIII. GENERAL PROVISIONS. ARTICLE 122. The present revised Constitution, together with those international treaties, conventions and obliga-

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243

tions to which Ethiopia shall be party, shall be the supreme law of the Empire, and all future legislation, decrees, orders, judgments, decisions and acts incon sistent therewith, shall be null and void. ARTICLE 123. The city of Addis Ababa is the Capital of the Em pire. ARTICLE 124. The Flag of the Empire consists of three horizontal bands, the uppermost green, the middle yellow and the nethermost red, in such detail as is determined by law. ARTICLE 125. The official language of the Empire is Amharic. ARTICLE 126. The Ethiopian Orthodox Church, founded in the fourth century, on the doctrines of Saint Mark, is the Established Church of the Empire and is, as such, SUP ported by the State. The Emperor shall always pro fess the Ethiopian Orthodox Faith. The name of the Emperor shall be mentioned in all religious services. ARTICLE 127. The organization and secular administration of the Established Church shall be governed by law. The Archbishop and Bishops shall be elected by the Ec clesiastical Electoral College consisting of represen tatives of the clergy and of the laity of the Ethiopian Orthodox Church. Their spiritual consecration shall be

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performed according to the Canon Law, subject to the approval of the Emperor of their election and appoint ment. The Emperor has the right to promulgate the decrees, edicts and public regulations of the Church, except those concerning monastic life and other spir itual administration. ARTICLE 128. No one shall utilize religious activities or organiza tions for commercial purposes except as authorized by law. ARTICLE 129. Subject to the conditions established by legislation duly adopted in accordance with the provisions of Ar ticles 88, 89 or 90 of the present Constitution, all towns shall be incorporated by Charters established in ac cordance with such legislation, and municipal councils shall be established, respectively, in all municipalities of the Empire. ARTICLE 130. (a) The natural resources of, and in, the sub-soil of the Empire, including those beneath its waters, are State Domain. (b) The natural resources in the waters, forests, land, air, lakes, rivers and ports of the Empire are a sacred trust for the benefit of present and succeeding generations of the Ethiopian People. The conserva tion of the said resources is essential for the preserva tion of the Empire. The Imperial Ethiopian Govern ment shall, accordingly, take all such measures as may be necessary and proper, in conformity with the Con stitution, for the conservation of the said resources.

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(c) None of the said resources shall be exploited by any person, natural or juridical, in violation of the principles of conservation established by Imperial Law. (d) All property not held and possessed in the name of any person, natural or juridical, including all land in escheat, and all abandoned properties, whether real or personal, as well as all products of the sub-soil, all forests and all grazing lands, watercourses, lakes and territorial waters, are State Domain. ARTICLE 131. The Constitution may be amended by an identical Joint Resolution adopted by three fourths of the members of each Chamber in two separate sessions of Parliament and proclaimed with the approval and authority of the Emperor. Given at Addis Ababa, this fourth day of November, 1955. HAILE SELLASSIE I Emperor TSAHAFE TEZAZ TAFARRA WORQ Minister of the Pen

' 1

APPENDIX It Proclamation No. --- of 1967 A Proclamation to Establish a Code of Administrative Proc�ure CONQUERING LION OF 'tHE TRIBE OF JUDAH HAILE SELLASSI� I ELECT OF GOD, EMPEROR QF ETHIOPIA WHEREAS, the continuing growth of national de velopment requires a corresponding growth in the re sponsibilities and in the scope of attendant discre tionary powers conferred upon Uie administrative authorities; and WHEREAS, the reliability and efl:ectiveness of the administration will be substantially furthered and the civil rights guaranteed by the Revi.sed Constitution better safeguarded by the establishm.ent of clear and precise rules and procedures which sh.all guide the ad ministrative authorities in all proceedings where the exercise of their discretionary power� may affect the life, liberty or property of any person; NOW, THEREFORE, in accordano,e with Articles 34 and 88 of Our Revised Constitution, We approve the resolutions of Our Senate and Chaml>er of Deputies and We hereby proclaim as follows : CHAPTER I-GENERA):, 1. Short Title This Proclamation may be cited as th� "Administra tive Procedure Proclamation, 1967."

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2. Definitions

In this Proclamation, unless the context otherwise requires: (1) "administrative authority" shall mean any Ministry, public authority or other administration of the Imperial Ethiopian Government, including Char tered Municipalities, competent to render an admin istrative decision; (2) "administrative decision" shall mean every final decision, order or award of an administrative authority having as its object or effect the imposition of a sanction or the grant or refusal of relief, except decisions: (a) as to the selection or tenure of a public ser vant; or (b) based solely on inspections, tests or elections; or (c) as to th,e conduct of military or foreign affairs functions; or (d) of any of the courts established by law made in exercise of the judicial power as referred to in Article 108 of the Revised Constitution, or any decision sub ject by law to review de novo by any of said courts; or (e) establishing rules or regulations; (3) "appeal" shall mean an appeal against an ad ministrative decision; (4) "Court" shall mean the Supreme Administra tive Court established hereunder; (5) "hearing" shall mean a hearing conducted by an administrative authority in accordance with the provisions hereof; (6) "license" shall mean any permit, certificate, ap proval, registration, charter, membership, exemption or form of permission;

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(7) "party" shall mean a person so classified under Article 5 (1) hereof; (8) "person" shall mean any physical or juridical person; (9) "proceedings" shall mean all acts, investiga tions and proceedings conducted by an administrative authority which are directly and immediately related to the rendering of an administrative decision; (10) "relief" shall mean any : (a) grant of money, assistance, license, authority, exemption, privilege or remedy; or (b) recognition of any claim, right, immunity, privilege or exemption; or (c) other action beneficial to any person upon ap plication by such person therefor; and (11) "sanction" shall mean any: (a) prohibition, requirement, limitation or other condition affecting the freedom of any person; or (b) the imposition of any penalty or fine; or (c) destruction, taking, seizure or withholding of property but excluding any expropriation carried out in accordance with a special law regulating the con duct of the same; or (d) assessment of damages, reimbursement, resti tution, compensation, costs, charges or fees; or (e) revocation or suspension of a license. 3. Amendments

4. Scope of Application Every administrative decision required. or per mitted to be taken and all proceedings in connection therewith shall, unless otherwise expressly provided by law, conform to and be conducted in accordance with the principles and requirements set forth in this

)

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Proclamation; provided, however, that nothing herein shall be deemed to limit or restrict more rigorous principles and requirements, however the same may be imposed. CHAPTER II-PRINCIPLES OF ADMINISTRA TIVE PROCEDURE

5. Parties, Notice and Appearance (1) Every person whose interests may be directly and immediately affected by an administrative deci sion shall be deemed a party to the proceedings. (2) No administrative decision shall be made or, if made, shall be deemed effective as to any party un less and until such party shall have: (a) received sufficient direct notice of the conduct of proceedings in connection with the decision; and (b) had a reasonable opportunity to request a hear ing or otherwise to appear before the administrative authority concerned and to present to that authority such testimony and evidence as may bear on the de cision. 6. Hearing Required (1) A hearing shall be held prior to the taking of

an administrative decision where: (a) it is required by law; or (b) the administrative authority rendering the de cision so rules; or (c) any party to the proceedings so requests fol lowing notification pursuant to Article 5 hereof. (2) In the event a hearing is conducted, each party to the proceedings shall have the right to be present throughout and to:

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(a) submit documentary and other evidence to and testify directly before the administrative authority; (b) present witnesses to testify before the author ity and request the authority to summon persons to appear as witnesses; and (c) hear or inspect all testimony and evidence sub mitted to the authority in the proceedings and cross examine witnesses in the proceedings summoned by the authority or any opposing party. 7. Time and Pl,ace of Hearing

In fixing the time and place of a hearing the admin istrative authority shall have due regard for the needs and convenience of the parties and their representa tives. 8. Hearing to Be Public All hearings shall be conducted in public. Hearings in camera may be held only in exceptional cases where public security or morality so requires and, in such cases, only to the extent necessary to satisfy such re quirements. 9. Deciding Officials (1) All officials charged with the making of or the participation in the making of an administrative de cision shall perform all of their functions in connec tion with the proceedings in a fair and impartial man ner. (2) Any official who in any proceedings deems him self disqualified from so performing his functions by reason of personal bias shall withdraw from further participation in the proceedings and from the making of the decision therein. (3) Any party to proceedings shall be entitled at any time prior to the making of the administrative de-

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cision to file· an affidavit with the administrative au thority concerned alleging the personal bias of any of ficial participating in the proceedings. The authority shall determine the matter as part of the administra tive decision. (4) For purposes of this Article 9, any official with a direct personal interest in the outcome of any admin istrative decision and any official related by consan guinity or affinity to persons who will or may be di rectly affected by such decision shall be conclusively presumed to have a personal bias in the proceedings and shall be disqualified from participation therein. (5) The same officers of an administrative author ity who preside at the reception of evidence in any hearing shall render the decision therein, except where such officers subsequently become unavailable to the authority. (6) No officer, employee or agent engaged in the performance of investigative or prosecuting functions for any administrative authority in any case shall, in that or a factually related case, participate or advise in an administrative decision thereon except as wit ness, counsel or advisor. (7) No provision of this Article 9 shall operate so as to preclude the making of an administrative deci sion in any proceedings by reason of the disqualifica tion from participation therein of the person or per sons charged with the conduct of such proceedings on the making of such decision. 10., Right to Counsel Every party to proceedings shall have the right to counsel and may be represented in the proceedings by a licensed advocate or other specially qualified person or persons.

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253

11. Powers of Administrative Authorities Where an administrative authority conducts a hear ing in connection with any proceedings, it shall, as nec essary to the proper and lawful conduct of such hear ing, have power to: (1) issue compulsory process for the summoning of witnesses and the production of documentary evi dence; (2) administer oaths and take testimony thereun der; (3) determine the qualifications of persons appear ing before it as counsel or representatives of parties; (4) establish and enforce rules of procedure and evidence which shall as a minimum provide for the maintenance of order and the exclusion of irrelevant, immaterial and unduly repetitious evidence; and (5) petition to the Court for the enforcement of its processes, orders and final administrative decisions. 12. Reports and Records The administrative authority concerned shall main tain a written record of all proceedings carried out in connection with the rendering of an administrative de cision. Such record shall set out in reasonable detail, having regard to the circumstances, all preliminary in vestigative reports and recommendations made to and the substance of all testimony and evidence received and considered by the administrative authority. 13. Form of Decision Every administrative decision affecting adversely the rights or interests of a party to the proceedings and every such decision made following a hearing shall be reduced to writing. The decision shall state:

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(1) the question or controversy under consider ation; (2) the substance and source of relevant testimony and evidence received in the course of the proceed ings; (3) the findings of fact made and the evaluation of the evidence which leads the administrative authority to make such findings; (4) the determination of the question or contro versy; and (5) the action to be taken on the basis of such de cision. 14. Notifi,cation of Decision An administrative decision shall be notified in per son or in writing to all parties to the proceedings. A copy of the written decision and order and accompany ing findings and conclusions, as specified in Article 13 hereof, shall be made available to such parties or their representatives upon request. A copy of the summary record of the proceedings maintained pursuant to Ar ticle 12 hereof shall be made available to such par ties or their representatives upon payment of ap propriate charges to cover the costs of reproduction thereof. 15. Suspension of Decisions (1) Where a party aggrieved by an administrative decision notifies the administrative authority render ing such decision of his intention to pursue further ad ministrative remedies or to appeal against such deci sion, the authority concerned may suspend such de cision for a reasonable period to permit the instiga tion of such remedies or the filing of an appeal and the confirmation or vacation of such suspension by the

ADMINISTRATIVE PROCEDURE PROCLAMATION 255

reviewing authority or the Court. Such decision shall, in any event, be suspended for such period where the immediate implementation thereof would cause ir reparable injury to the rights or property of the party aggrieved. (2) Any administrative authority entitled to review and revise the administrative decison of another ad ministrative authority shall, upon request by any party aggrieved by the decision and except as otherwise ex pressly provided by law, where the ends of justice so require, have power to suspend such decision or any part thereof throughout the period of such review and pending any such revision. (3) Nothing contained in this Article 15 shall be deemed to limit or affect the power of the Court to enjoin or restrict the implementation of any adminis trative decision in accordance with ordinary judicial principles upon action duly instituted by any party to the proceedings or to grant temporary relief against such decision pending the resolution of an appeal therefrom lodged with the Court. CHAPTER III-APPEAL FROM ADMINISTRA TIVE DECISION 16. Right of Appeal Except in cases where appeal from an administra tive decision is expressly prohibited by law, every party to proceedings where a hearing has been con ducted shall be entitled to appeal against the admin istrative decision in such proceedings. The appeal shall be lodged in the Supreme Administrative Court follow ing exhaustion of all further available administrative remedies.

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17. Period for Filing of Appeai (1) An appeal against an administrative decision shall be filed with the Court not later than thirty (30) days following notification of such decision or the ex haustion of all further available administrative reme dies. (2) The time limit specified in paragraph (1) of this Article 17 for the filing of an appeal shall in no event restrict any greater limit provided therefor by applicable legislation. The Court may in any partic ular case waive the time limit for the filing of an ap peal where the ends of justice so require. 18. Memorandum of Appeai Upon filing an appeal, an appellant shall submit to the Court a brief memorandum setting forth in clear and concise fashion the basis of the appeal and the nature of the relief sought. 19. Summary Dismissai Where the memorandum submitted pursuant to Ar ticle 18 hereof fails to set forth sufficient grounds for the taking of an appeal, the court shall order the sum mary dismissal of the appeal. 20. Transmittai of Record The administrative authority concerned shall, upon notification of an appeal, submit to the Court the rec ord of the proceedings maintained pursuant to Article 12 hereof and, upon request by the Court, the full text of such other reports and recommendations as may have been submitted to the authority in connection with the proceedings. 21. Naflure of Review (1) A question or dispute on appeal from an admin-

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ADMINISTRATIVE PROCEDURE PROCLAMATION

257

istrative authority shall not be heard by the Court as if de novo, but the Court shall review the administra tive decision on the record submitted by the authority and shall approve same unless: (a) the authority has failed to comply with appli cable rules of procedure or evidence in such way as may have prejudiced the appellant's cause; or (b) the findings of fact made by the authority do not, as a matter of law, provide a sufficient basis for the decision or any part thereof; or (c) the findings of fact made by the authority are clearly unreasonable or cannot be supported by the evi dence indicated in the record; or (d) the authority has exceeded its power in such way as may have prejudiced the appellant's cause, whether in assuming jurisdiction to make the deci sion or in any aspect of the conduct of the proceed ings or of the decision made or disposition ordered. (2) (a) The Court shall not have jurisdiction to take additional evidence in any appeal except with the express consent of the administrative authority con cerned. (b) Where the Court determines that the record submitted by the authority is insufficient or incomplete as a basis for review on appeal, it shall order the authority again to hear the case or such portions of the testimony or evidence therein as are not ade quately presented in the record. It may assign an offi cer of the Court to assist the authority in the taking of the record. The authority shall, on the basis of the revised record, confirm, reverse or modify its initial decision. It shall thereupon transmit to the Court the revised record together with its decision as based thereon.

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(3) Where the Court determines that any error specified in paragraph (1) of this Article 21 has oc curred in the making of an administrative decision it shall reverse such decision or an appropriate portion thereof and shall prepare a written judgment setting forth the grounds of such reversal and ordering ap propriate action to remedy the error. The judgment of the Court shall be transmitted to the appellant and to the authority concerned. The authority shall then take all appropriate further action which may be necessary pursuant to and in accordance with the judgment of the Court. 22. Limitation of Appeals

The decision of the Supreme Administrative Court in any appeal brought under this Proclamation shall be final, and no further appeal therefrom shall be en tertained by any court; provided, however, that noth ing herein shall be deemed to deprive any person of his right to petition. CHAPTER IV-SUPREME ADMINISTRA TIVE COURT 23. Creation

There is hereby created a division of the Supreme Imperial Court to be known as the Supreme Adminis trative Court. 24. Composition of the Court

(1) The Court shall be comprised of such judges as We may appoint from among persons proposed by the Minister of Justice as having formal legal training of at least three (3) years duration and as otherwise highly qualified and of proper judicial temper. Such

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259

judges shall be appointed in such number, not fewer than three (3) nor more than fifteen (15), as shall be sufficient to deal effectively with the business coming before the Court. One (1) of such judges shall be des ignated by Us to serve as President of the Supreme Administrative Court. (2) Judges so appointed may, as the discharge of their duties permits, be assigned to sit in other divi sions of the Supreme Imperial Court, but judges of such other divisions shall not be assigned to sit in the Supreme Administrative Court unless appointed there to. (3) Each case before the Court shall be determined by a panel of three (3) judges, except that where the President of the Court or a majority of the three (3) judges originally empanelled to hear any case deter mine that it raises questions of major constitutional importance, the case shall be heard and determined by the entire Court. 24. Exclusive Jurisdiction in Administrative Matters (1) The Court shall have exclusive jurisdiction to entertain appeals against administrative decisions. (2) The Court shall also have exclusive jurisdic tion to enforce the interlocutory orders and final deci sions of administrative authorities and to punish vio lations thereof as if the same had been the orders and decisions of the Court; provided, however, that the Court shall refuse to enforce any such order or final decision where the same is made in violation of the laws or procedures governing the administrative au thority concerned. (3) The Court shall have such further jurisdiction as may be conferred upon it by law.

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CHAPTER V-FINAL 25. Implementing Regulations

Every administrative authority shall, upon approval by the Court, issue regulations setting forth rules of procedure governing the conduct of proceedings before the authority. In the absence of such regulations, each such authority shall adhere to regulations establishÂ ing standard rules of procedure which shall be issued by the Court. 26. Effective Date

This Proclamation shall enter into force on the date of its publication in the Negarit Gazeta. Done at Addis Ababa this ............ day of ........, 1967. TSAHAFE TAEZA AKLILU HABTE WOLD Prime Minister and Minister of Pen

Index A ADMINISTRATIVE AGENCIES, pp. 151 to 178.

Civil aviation administration and civil aviation board, pp.15ï¿½ to 158. See Aviation. Generally, pp. 152, 153. Grain board, pp. 158 to 161. See Grain Board. Grain corporation, pp. 161 to 165. See Grain Corporation. Introduction, pp.152, 153. Livestock and meat board, pp.165 to 172. See Livestock. Tax appeal commission, pp. 172 to 178. See Taxation.

ADMINISTRATIVE PROCEDURE PROCLAMATION, 1967.

Enumerated, pp. 247 to 260.

ADVERSE POSSESSION. Civil code, p. 78. Customary law, p.78,.

AGRICULTURAL PRODUCTS, p.6. Exports. See Exports.

AMHARIC.

Language. Generally, pp.16, 17. Official language of empire, pp. 13, 179. E-9

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APPEALS.

Atbia Damias, pp.90, 91. Chilot. See Chilot. Emperor, pp.90, 91. Judicial review, p.95. Tax appeal commission, pp.172 to 178. See Taxation.

AREA OF ETHIOPIA, p. 2. ATBIA DAMIAS. Appeals, pp.90, 91. Duties, pp.90, 91.

A'l'TORNEYS, pp.191 to 200. See Legal Profession.

AVIATION.

Airlines, p.8. Civil aviation administration, pp.153 to 158. Administrator, pp.155, 156. Civil aviation board, p.156. Appointment, p.156. Chairman, p.156. Composition, p.156. Recommendations, p.156: Creation, p.155. Historical background, pp.153, 154. Objectives, p. 155. Powers, pp.156 to 158. Purpose, p.155. Responsibilities, p.156. Technical staff and administrative personnel, p. 156.

INDEX

BIGAMY.

Civil code, pp.83, 84. Moslems, pp.82, 83. Penal code of 1930, p.83.

BLOOD MONEY.

Customary law, pp.79, 80. Penal code of 1957, pp.79, 80. Sentence and punishment, p.80.

BOARDS AND COMMISSIONS.

Civil aviation board, pp. 153 to 158. See Aviation. Grain board, pp.158 to 161. See Grain Board. Livestock and meat board, pp.165 to 172. See Livestock. Tax appeal commission, pp.172 to 178. See Taxation.

CABINET.

Private cabinet, pp.120, 121. See Private Cabinet.

CA'ITLE.

Generally. . See Livestock. Livestock and meat board, pp.165 to 172. See Livestock.

CHAMBER OF DEPUTIES.

See Parliament. CHILOT, pp.140 to 149. Authority derives from Emperor, pp. 142, 143. Constitutional authority, pp.144, 145.

263

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LEGAL SYSTEM OF ETHIOPIA

CHILO'r-Continued Difference from courts,p. 132. Distinguished from other courts, pp. 140 to 142. Historical background,pp. 142,143. Jurisdiction. Generally,pp. 145,146. Jurisdiction is discretionary, pp.146,147. Review rather than appeal,p. 141. Difference,pp. 147,148. Sovereign as source of justice, p. 142. CIVIL AVIATION ADMINISTRATION, pp. 153 to 15& See Aviation. CIVIL CODE OF 1960. Adverse possession, p. 78. Based on continental model,pp. 52,53. Bigamy,pp. 83,84. David,Professor R.,pp. 51,53,60,187. When code applied, p. 87. Economic considerations,p. 60. Generally, pp. 44,45,187,188. Inviolability of human body, p. 59. Marriage. Bigamy,pp. 83,84. Preface,p. 52. Property not to be taken out of blood family, pp. 58, 59. Property of another. Rights of person who sows, plants trees or erects structure on property of anoth�r, p. 59. Registration systems,pp. 60,61. Sources of substantive law, pp.. 53,54. ' . Spouse's riglitto· succeed.Rejected,p. 58.

INDEX

CIVIL CODE OF 1960-Continued Transitory provisions, pp. 60,61. When applied,p.87. CIVIL PROCEDURE CODE OF 1965. Esayas,Ato Nirayo,p. 187. Generally,pp.45, 187,188. CLIMATE, pp.2 to 4. COMMERCIAL CODE OF 1960. Escarra,Professor J.,p. 187. Generally,pp.45,187,188. Jauffret,Professor A., p.187. CONSOLIDATED LAWS OF ETHIOPIA, pp. 186,187. CONSTITUTIONS. Constitution of 193i,p.45. First constitution,p. 99., Historical background, pp.99,100. Revised constitution of 1955. See Revised Constitution of 1955. COUNCIL OF MINISTERS, pp.118 to 130. Composition,pp. 118 to 120. Decrees. See Decrees. Draft proclamations,pp.121 to 123. Eligibility,p.120. Functions generally,p.120. International Law. See International Law. Legal notices. See Legal Notices. Orders. See Orders.

)

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LEGAL SYSTEM OF ETHIOPIA

COUNCIL OF MINISTERS-Continued Parliament. Ministers not to be members of parliament,p. 120. Prime minister. See Prime Minister. Princes. Eligibility,p. 120. Private cabinet. Private cabinet distinguished from council of minÂ isters,pp. 120,121. Women. Eligibility,p. 120. COURTS. Administration of justice proclamation of 1942, pp. 132 to 134. Courts established by,pp.132,133. Atbia Damias, pp. 90, 91. Awradja Guezat (district) court,pp.133 to 136. Chilot. See Chilot. "Courts" defined,p. 131. Ecclesiastical courts,p. 139. Fird Mirmera,pp. 149,150. His Imperial Majesty's chilot. See Chilot. Judges. Appointment,p. 194. Local judges proclamation of 1947,pp. 136,137. Training,p.194. Jurisdiction. Defined by criminal procedure code and. civil proÂ cedure code,p. 132. Generally,p. 134. Local courts,p. 136.

INDEX

267

COURTďż˝Continued Local courts, pp.136, 137. Mektl-Woreda (village) court, pp.133 to 136. Moslems. Muslim courts, pp.137 to 139. Muslim Sharia court of appeal. Division of supreme imperial court, p. 84. Religion. Ecclesiastical courts, p.139. Muslim courts, pp. 137 to 139. Revised constitution of 1955. Authority for establishment of courts, p. 131. Sebre Semi, pp.149, 150. Supreme imperial court. See Supreme Imperial Court. Woreda Guezat (subdistrict) court, pp. 133 to 136. CRIMINAL PROCEDURE CODE OF 1961. Generally, pp. 45, 187, 188. Matthew, Sir Charles, p.187. CUSHITICS, pp.13 to 16. CUSTOMARY LAW, pp.61 to 81. Abolished practices, p. 79. Adverse possession, p.78. Blood money, pp.79, 80. Codes. Incorporation of custom into codes, pp.76, 77. David, Professor R., pp.75, 76. Dissatisfaction with customary law in Ethiopia, p. 75. Divorce, p. 77. Fetha Negast, p. 76. Ghana, pp.68, 69. Guinea, p.70.

268

LEGAL SYSTEM OF ETHIOPIA

CUSTOMARY LAW-Continued_

Illegitimacy, p.77. Krzeczunowicz, Professor George, p. 78. Liberia, pp. 71, 72. Marriage. Marriage by the.month, p.79. Marriage for hire, p.79. Nationalistic sentiment, p.74. Nigeria, p. 69. Personal servitudes in connection with immovable property. A,.bolition of, pp: 80, 81. Question of retention, pp.68, 64. Repeal in Ethiopia, p. 72. Senegal, pp. 70, 71. Separate system. Disadvantages of separate system, pp. 64, 65. Separate system of customary law not retained, p.72. Sudan, pp. 69, 70. Tribalism, p.65. D

DAVID, PROFESSOR R.

Civil code, pp.51, 58, 60, 87, 187. Customary law, pp. 75, 76. DECISIONS, pp.94, 95. DECREES, p.94. Defined, p. 102. Emperor, p. 94. Enactment in emergencies when parliament not in session, p.128. Negarit Gazeta. Issuance of notice of disapproval, pp.125, 126. Publication, pp.128, 124.

INDEX

269

DECREES-Continued Parliament, p. 94. Approval with amendments,p. 125. Issuance of notice of approval, pp. 124,125. Disapproval. Issuance of notice of disapproval, pp. 125; 126. Notice of disapproval,p. 94. Divided or no action by parliament,p. 126. Veto,p. 94. Process,pp. 123,124.

DEVELOPED LEGAL SYSTEMS, pp. 34 to 91. Customary law,pp. 61 to 81. See Customary Law. Defined,pp. 34,35. Emperor, pp. 40,41. Consolidation of central government, p. 44. Ethiopian experience,pp. 40 to 46. Adoption of foreign laws, pp. 50 to 52. Anglo-American influence, pp. 51, 52. Binding force of law, pp. 43,44. Civil code,pp. 44,45. Based on continental model,pp. 52,53. Generally. See Civil Code of 1960. Preface,p. 52. Sources of substantive law, pp. 53,54. Civil procedure code of 1965, p. 45. Codification commission, p. 45. Commercial code, p. 45. Constitution of 1931,p. 45. Criminal procedure code,p. 45. Customary law, pp. 61 to 81. See Customary Law. Decision of ruler, pp. 42, 43.

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DEVELOPED LEGAL SYSTEMS-Continued

Ethiopian experience-Continued Fetha Negast, pp. 41 to 43.. Former legal system, pp. 41, 42. Maritime code, p. 45. Penal code of 1930, p. 44. Penal code of 1957, p. 45. Generally. See Penal Code of 1957. Sources, pp. 54 to 59. Project development, pp. 55, 56. Revised constitution, p. 45. What will be main body of law, pp. 47 to 61. Existing law, pp. 36, 37. Fetha Negast, pp. 41 to 43. French Penal Code, p. 50. General application, pp. 86 to 91. Generally, pp. 34 to 40. German Civil and Commercial Codes, p. 50. Ghana, p. 48. Institutions which administer law, pp. 36, 37. Japan, p. 40. Method of development, pp. 38 to 40 "Received" law, pp. 47, 48. Religion. See Religion. Turkey, pp. 39, 40. Adoption of Swiss Civil Code and Swiss Code of Obligations, p. 50.

DIET OF POPULATION, p. 30. DISEASES.

Prevalent diseases, pp. 29, 30.

INDEX

DIVORCE.

Customary law, p. 77. Marriage. See Marriage.

DRAFT LEGISLATION. See Parliament.

ECONOMYï¿½ pp. 4 to 7. EDUCATION.

Generally, pp. 21 to 27. Haile Sellassie I University. See Universities. Legal education, pp. 191 to 19-11. See Legal Profession. Schools. Curricula, pp. 24, 25. Generally, pp. 21 to 27. Kinds of schools, pp. 22, 23. Number of students, pp. 23, 24. Universities. See Universities.

ELECTIONS.

Electoral districts, p. 101. Parliament. Election of members, pp. 100 to 102.

EMPEROR.

Ancestry, p. 2. Appeals, pp. 90, 91. Checks and balances, pp. 103, 104. Council of ministers, pp. 118 to 130. See Council of Ministers. Deciding cases, p. 90.

271

272

LEGAL SYSTEM OF ETHIOPIA

EMPEROR-Continued Decrees, p.94. See Decrees. Developed legal systems, pp.40, 41. Consolidation of central government, p.44. International law, p.95. Vested in emperor, p.129. Orders, p.94. See Orders. People. Oneness between leader and people, pp.1, 2. Power to review cases on petition, pp.90, 91. Prime minister. See Prime Minister. Private cabinet. See Private Cabinet. Revised constitution of 1955. See Revised Constitution of 1955. ERITREAN EMPLOYMENT ACT OF 1958, p.97.

ESAYAS, ATO NIRAYO,p.187. ESCARRA, PROFESSOR J., p.187. ETHIOPIAN ORTHODOX CHURCH, pp.19, 20. ETHNIC GROUPS, pp.13 to 16. EXPORTS, p.6. Grain, pp.158, 159. Livestock and meat, pp.165, 166. F

FETHA NEGAST, pp.41 tp 43. Customary law, p.76.

FIRD MIRMERA, pp.149, 150.

INDEX

FOREIGN AID, p.10. FORMS OF LAW, pp. 92 to 94, 102, 103. Background, p. 92. Decisions, pp. 94, 95. Decrees, p. 94. Defined, p.102. Ecclesiastical, pp. 97, 98. Four major types enumerated, pp.102, 103. General notice. Defined, p.103. International, p. 95. Islamic, pp. 97, 98. Judgments, p. 93. Judicial, p. 93. Judicial review, p. 95. Legal notices, p. 94. Defined, p.103. Local, pp. 95, 96. Military, pp. 97, 98. Municipal law, pp. 95, 96. Notice. Defined, p.103. Orders, p. 94. Defined, p.102. Proclamations, p. 93. Defined, p.102.

GENERAL NOTICE.

Defined, p.103.

GEOGRAPHIC FACTORS, pp. 2 to 4. GHANA. Customary law, pp. 68, 69. Developed legal systems, p. 48.

273

274

LEGAL SYSTEM OF ETHIOPIA

GRAIN BOARD, pp. 158 to 161. Composition, pp. 159, 160. Creation, p. 159. Grain corporation, pp. 161 to 165. See Grain Corporation. Historical background, pp. 158, 159. Members, pp. 159, 160. Objectives, p.159. Powers, pp. 160, 161. Purpose, p. 159. Regulations of 1951, p. 161. GRAIN CORPORATION. Chairman, p. 163. Composition, pp. 163, 164. Creation, p. 162. Grain board, pp. 158 to 161. See Grain Board. Historical background, pp. 161, 162. Members, p. 163. Objectives, p. 163. Organization, pp. 163, 164. Powers, pp. 163 to 165. Purpose, p. 163. Quorum, p. 163. GRAVEN, PROFESSOR JEAN. Penal code of 1957, pp. 54 to 56, 187. GREAT RIFT VALLEY, pp. 2 to 4. GROSS NATIONAL PRODUCT, p. 5. GUINEA. Customary law, p. 70. H HAILE SELLASSIE I. See Emperor.

INDEX

275

HEALTH AND SANITATION, pp. 28 to 33.

Diet, p. 30. Diseases. Prevalent diseases, pp. 29, 30. Hospitals, pp 30 to 33. Medical personnel, pp. 30 to 33. Nurses, pp. 31 to 33. Physicians, pp. 30, 31. Sewers. Sanitary sewage disposal system, p. 29. Water supply, p. 29. Wogesha. Combination surgeon and herb doctor, p. 30.

HIS IMPERIAL MAJESTY'S CHILOT. See Chilot.

HOMICIDE.

Blood money, pp. 79, 80.

HOSPITALS, pp. 30 to 33. HOUSING, pp. 28 to 33. ILLEGITIMACY.

Customary law, p. 77. Nonexistence in Ethiopia, p. 77.

INCOME.

Per capita annual income, p. 5.

INTERNATIONAL LAW..

Emperor, p. 95. Vested in emperor, p. 129. Parliament. Approval of certain treaties and agreements, p. 129.

276

LEGAL SYSTEM OF ETHIOPIA

INTERNATIONAL LAW-Co,ntinued Process,p.130. Source of power,p.129. J JAPAN. Developed legal systems,p.40. JAUFFRET, PROFESSOR A., p.187. JOURNAL OF ETHIOPIAN LAW, pp.189,190,192. Judgments. Publication of judgments,p.93. JUDGES. Generally. See Courts.' Judgments. See Judgments. Revised Constitution of 1955. Independent judiciary established,pp.92,93. JUDGMENTS. Journal of Ethiopian law. Publication of judgments,p.93. JUDICIARY. Courts,pp.131 to 150. See Courts. JURISDICTION. Chilot. Generally,pp.145,146. Jurisdiction is discretionary,pp.146,147. Courts. Defined by criminal procedure code and civil proÂ cedure code,p.132. Generally,p.134. Local courts,p.136.

INDEX

277

JURISDICTION-Continued Supreme imperial court. Appellate jurisdiction, p. 134.

K KRZECZUNOWICZ, PROFESSOR GEORGE.

Application of codes, p. 87. Conditions for inclusion of customs in codes, pp. 76, 78. Generally, pp. 73, 191, 192, 202. L

LABOR FORCE, pp. 10 to 13. LANGUAGE.

Amharic. Generally, pp. 16, 17. Official language of empire, pp. 13, 179. English, pp. 18, 19. Second language in Ethiopia, p. 180. Generally, pp. 16 to 19. Problems of law reporting and legal research, pp. 179 to 181.

LAWYERS.

See Legal Profession.

LEGAL EDUCATION.

See Legal Profession.

LEGAL NOTICES, p. 94.

Defined, p. 103. Generally, pp. 128, 129. Process, p. 129. Source of power, pp. 128, 129.

LEGAL PROFESSION.

Bar association, p. 194.

'278

LEGAL SYSTEM OF ETHIOPIA

LEGAL PROFESSION-Continued

Judges. Appointment,p. 194. Training,p. 194. Legal education,pp. 191 to 194. Background, pp. 191,192. Faculty of law of Haile Sellassie I University, pp. 191,192. Journal of Ethiopian law,pp. 191,192. Programs of study. Certificate, pp. 193,194. Diploma, p. 193. LL.B., pp. 192, 193. Students,p. 192. Registration of advocates,pp. 194 to 200.

LEGAL SYSTEM OF DEVELOPING NATIONS, pp. 34 to 91. See Developed Legal Systems.

LEGISLATION.

Draft legislation. See Parliament.

LIBERIA.

Customary law,pp. 71,72.

LITERACY RATE, pp. 21,22. LIVESTOCï¿½ pp. 7,8.

Exports. See Exports. Livestock and Meat Board, pp. 165 to 172. Chairman,pp. 169,170. Composition,pp. 169,170. Creation,p. 168. Exports,pp. 165,166.

INDEX LIVESTOCK-Continued Livestock and Meat Board-Continued

General manager, p. 170. Grazing control, p. 167. Historical background, pp. 165 to 168. Improvement of animals, pp. 167, 168. Objectives, pp. 168, 169. Powers, pp. 170 to 172. Purpose, pp. 168, 169. Staff, p. 170. LOANS, LAW OF, pp. 73, 74. LOCATION OF ETHIOPIA, p. 2. LOWENSTEIN, PROFESSOR STEVEN, p. 92. M MARITIME CODE OF 1960. Escarra, Professor J., p. 187. Generally, pp. 45, 187, 188. MARRIAGE. Civil Code. Bigamy, pp. 83, 84. Customary law. Marriage by the month, p. 79. Marriage for hire, p. 79. Divorce. Customary law, p. 77. Moslems, p. 82. Bigamy, pp. 82, 83. Polygamy, p. 85. MATTHEW, SIR CHARLES, p. 187. MINISTERS. Council of ministers, pp. 118 to 130. See Council of Ministers.

279

280

LEGAL SYSTEM OF ETHIOPIA

MINISTERS-Continued Prime Minister. See Prime Minister.

MOSLEMS.

Bigamy, PP.· 82, ·83. Courts. Muslim courts, pp. 137 to 139. Marriage, p.82. Bigamy, pp. 82, 83. Muslim Sharia court of appeal. Division of supreme imperial court, p. 84. Polygamy, P� 85� Religious environment, p. 83. Wills, p. 83.

MUNICIPAL LAWS, p. 96. N

NATURAL RESOURCES, pp. 7, 8. NEGARIT GAZETA.

Comparative analysis table, p.184. Comparing published law with approved official text, p.186. Consultative committee for legislation. Former role of, pp. 184, 185. Contents, pp. 182 to 184. Corrigenda, p.186. Decrees. See Decrees. Defined, p.181. Generally, pp. 181 to 184. Legal department in prime minister's office... Present role, pp.185, �86.

INDEX

281

NEGARIT GAZETA-Continued Minister of pen. Present rqle, p.185. Official law reporter, p.180. Orders. See Orders. Origination, pp.181, 182. When published, pp.181, 182.

NEGROIDS, pp.13 to 16. NEWSPAPERS.

Negarit Gazeta. See Negarit Gazeta. Semi-official newspaper; pp.179, 180.

NIGERIA.

Customary law, p.69.

NOTICE.

Defined, p. 103.

NURSES, pp.31 to 33. ORDERS, p.94.

Defined, p. 102. Emperor, p.94. Generally, pp.126, 127. Ministerial orders, p.128. Distinguished from orders issued by Emperor, p. 128. Negarit Gazeta. Publication, pp. 127, 128. Process, pp.127, 128. Source of power, pp.126, 127.

282

LEGAL SYSTEM OF ETHIOPIA

PARLIAMENT.

Administrative personnel,pp. 107; 108. Agenda. Daily agenda,pp.110,111. Chamber of deputies. Clerk,pp.107,108. Daily agenda,pp.110,111. Draft legislation. See within this heading, "Draft Legislation." Generally,pp.100,101. Joint sessions,p.107. President. Generally,pp.108,109. Vice-presidents,pp.108,109. Procedure,pp.106,107. Vice-presidents,pp.108,109. Checks and balances,pp. 103,104. Clerks. Appointment,pp.107,108. Committees. Hearing on draft legislation,pp. 112,113. Joint committees,p.110. Standing committees,pp.109,110. Council of ministers. Generally,pp. 118 to 130. See Council of Ministers. Ministers �ot to �e members of parli�ment, p. 120. Decrees,p.94. Notice of disapproval,p.94. Veto,p.94. Draft legislation. Committee hearing,pp.112,113. Consideration by other chamber,pp.114,115.

INDEX

283

PARLIAMENT-Continued Draft legislation-Continued Emergencies, p.111. Emperor. Approval, pp.116, 117. Indefinite consideration, p.117. Returned to parliament with recommendations, p.117. Joint sessions, pp.115, 116. Prime minister. Forwarding to Emperor, pp. 114, 115. Reporting out, pp.113, 114. Source of power, p.112. Elections. Election of members, pp.100 to 102. Emperor. Draft legislation. Approval, pp.116, 117. Indefinite consideration, p.117. Returned to parliament with recommendations, p.117. Formation, pp.100 to 102. Generally, p.93. International law. Approval of certain treaties and agreements, p. 129. Joint committees, p.110. Joint sessions, p.107. Legislation. See within this heading, "Draft LegislaÂ tion." Meetings, pp.105, 106. Members. Election, pp.100 to 102. Immunity, p. 106.

284

LEGAL SYSTEM OF ETHIOPIA

PARLIAMENT-Continued Members-Continued

Number, pp.100 to 102. Qualifications,pp.100 to 102. Minutes,pp.106,107. Nature of business,p.111. Orders. See Orders. Procedure,pp.106,107. Proclamations,p.93. Record.keepihg,pp.106,107. Rejection of proposals,pp. 201,202. Resolutions. Generally,pp.111,112. S'enate. Clerk,pp.107,108. Daily agenda,pp. 110, 111. Draft legislation. See within this heading, "Draft Legislation}' Generally,pp; 101,102. Joint sessions,p.107. President. Generally,pp.108,109. Presiding at joint sessions,p.107. Vice-presidents,pp.108,109. Procedure,pp.106,107. Record keeping,pp.106,107. Vice-presidents,pp.108,109. Sessions,pp.105, 106. Joint sessions, p.107. Draft legislation,pp.115, 116. Standing committees,pp.109,110. PENAL CODE OF 1930, p.44. Bigamy,p.83.

INDEX

PENAL CODE OF 1957, p. 45. Blood money, pp; 79, 80. Corporal punishment, pp. 56, 57. Drafting procedure, pp. 55 to 57. Flogging, pp. 56, 57ï¿½ Generally, pp. 187, 188. Graven, Professor Jean, pp. 54 to 56, 187. Professional thieves, pp. 56, 57. Slavery. Punishment, p. 57. Sources, pp. 54 to 59. When applied, pp. 86, 87. PEOPLE. Emperor. Oneness between leader and people, pp. 1, 2. '

PHYSICIANS, pp. 30, 31. POLITICAL ORIGIN,p. 2. POLITICAL PARTIES. Main political parties in Ethiopia, p. 101. POLYGAMY. Moslems, p. 85. POPULATION, pp. 10 to !3, 165. PORTS,p. 8. PRIME MINISTER. Council of ministers. Chairman, p. 119. Generally. See Council of Ministers. Nomination of ministers, p. 118. Draft legislation. Emergencies, p. 111. Forwarding to emperor, pp. 114, 115.

285

286

LEGAL SYSTEM OF ETHIOPIA

PRIME MINISTER-Continued

Draft proclamations, pp. 121 to 123. Emperor. Selection of prime minister, p.118. Nomination of ministers, p. 118. Selection, p.118.

PRIVATE CABINET.

Council of ministers. Private cabinet distinguished from council of ministers, pp. 120, 121. Functions generally, pp. 120, 121.

PROCEDURE.

Administrative procedure proclamation, 1967. Enumerated, pp. 247 to 260. Civil Procedure Code of 1965, pp.45, 187,188. Criminal Procedure Code of 1961, pp. 45,187,188. PROCLAMATIONS, p. 93. Administrative procedure proclamation, 1967. Enumerated, pp. 247 to 260. Defined, p. 102. Draft proclamations. Generally, pp.121 to 123.

PROVINCES.

Enumerated, pp. 95, 96. Eritrea, p. 97. Governors-general, p. 96.

RAILROADS, p. 8. RELIGION.

Application of law to different religious groups. Generally, pp. 81 to 86.

INDEX

RELIGION-Coritinued Courts. Ecclesiastical courts, p. 139. Muslim courts, pp. 137 to 139. Ethiopian Orthodox Church, pp. 19, 20. Abolishment of church courts, p. 86. Generally, pp. 19 to 21. Marriage. See Marriage. Moslems. See Moslems. REVISED CONSTITUTION OF 1955. Checks and balances, pp. 103, 104. Chilot. See Chilot. Courts. Authority for establishment of courts, p. 131. Decrees. See Decrees. Enumerated, pp. 203 to 245. Historical background, pp. 99, 100. International law. Vested in Emperor, p. 129. Judges. Independent judiciary established, pp. 92, 93. Orders. See Orders. Parliament. See Parliament. Text, pp. 203 to 245. RIVERS. Principal rivers, pp. 2 to 4.

287

288

LEGAL SYSTEM OF ETHIOPIA

SANITATION. See Health and Sanitation. SCHOOLS. Curricula, pp. 24, 25. Generally, pp. 21 to 27. Kinds of schools, pp. 22, 23. Legal Education. See Legal Profession. Number of students, pp. 23, 24. Universities. See Universiï¿½ies. SEBRE SEMI, pp. 149, 150. SEMITICS, pp. 13 to 16. SENATE. See Parliament. SENEGAL. Customary law, pp. 70, 71. SENTENCE AND PUNISHMENT. Blood money, p. 80. SEWERS. Sanitary sewage disposal system, p. 29. SHIPPING, p. 8. SLAVERY. Punishment, p. 57. STATUTES. Draft legislation. See Parliament. Forms of law. See Forms of Law.

INDEX

SUDAN.

Customary law,pp. 69,70.

SUPREME IMPERIAL COURT.

Judges,pp.134,135. Appointment, pp.134,135. Jurisdiction. Appellate jurisdiction,p. 134. Legislation. Court cannot be abolished by,p. 132. Majority vote,p.134. Muslim Sharia court of appeal. Division of supreme imperial court,p. 84. President, pp.134,135. Where court sits,pp.134,135.

TAXATION.

Landlords tax,p.10. Tax appeal commission,pp.172 to 178. Appeals,pp.177,178. Background,p. 172. Composition,pp.173,174. Creation, p.172. Hearings, pp.174 to 177. Deposit of money, pp.174,175. Time limitations,pp.175 to 177. Objectives, pp.172,173. Powers,p.174. President,p.173. Purpose,pp.172,173. Qualifications of members,p.173. Vice-president,p.173. Tax structure,pp.9,10. Tithes, p.9.

289

290

LEGAL SYSTEM OF ETHIOPIA

TRADE AND COMMERCE, pp. 4 to 7. TRANSPORTATION, p. 8. TURKEY.

Developed legal systems, pp. 39, 40. Adoption of Swiss Civil Code and Swiss Code of Obligations, p. 50.

TYPES OF LAW.

Forms of Law, pp. 92 to 94,102,103. See Forms of Law.

UNDEVELOPED LEGAL SYSTEMS. See Developed Legal Systems.

UNIVERSITIES.

Haile Sellassie I University, pp. 25, 26. Faculty of law publication series, p. 189. Journal of Ethiopian law, pp. 189, 190. Legal education, pp. 191 to 194. See Legal Profession. V

VANDERLINDEN, PROFESSOR JACQUES, p. 92. WATER SUPPLY, p. 29. WILLS. Moslems, p. 83.

WOMEN.

Council of ministers. Eligibility, p. 120.

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