Editor’s note : Views in the article do not necessarily reflect the views of borkena.com
By Beneal Walker
This article evaluates the evolution of Ethiopia’s four constitutions through its eras of reformations via the lenses of traditionalism and innovation. This article aims to provide a unique solution towards further strengthening the current Ethiopian constitution through a series of much-needed reformations that addresses Ethiopia’s internal political imbalances and partialities that have been flawed by design by looking into the past.
I. THE PRINCIPALITIES OF DELTA
In Christianity, the “principalities of delta” often refer to spiritual forces of evil in high positions of power overlooking their influence on a region. Initially, I titled this section as such to describe the “principles of change”, delta exemplifying its mathematical variable of such a feature. I found that both metaphorical euphemisms hold substance and relate relevance in describing and analyzing the current state of Ethiopia’s constitution as well as its evolution. As such, we continue.
Throughout political and modern history, there have always been, at large and to some varying degree, two specific forces that have constantly been at foe with one another. Two elements that stem from completely polar opposite sides that determine the landscape for either a populous’ development or a populous’ maneuver towards fundamental change. It is only when these two opposite elements are aligned can a populous peacefully develop and mindfully grow.
Nature’s own relationship with itself provides us insight on this relationship. Scientific rationality metaphorically describes this partnership through magnetism – positive and negative forces. Both forces are necessary and both are fundamental elements. As such in civilization, both traditionalism and innovation serve fundamental principles in the way in which we engage in a society and how we understand it.
Every political transition and or armed conflict, no matter how little or large the turbulence, has occurred when traditionalism and innovation are at complete odds with one another.
No nation within the past century epitomizes this pull-tug relationship with traditionalism and innovation more than our beloved Ethiopia, and no single tangible canon embodies it more than our very own constitution of 1995 and those of the past.
As such, the principalities of delta stem from traditionalism serving its main functions of preserving its respective culture, tradition, stability, ways and means, populous hegemony, and identity, all a while ignoring innovation, headed by politically dominated cultures and trade and or vice versa.
Stemming from constant change, disruption, modernization, flexibility, and adaptation, innovation eagerly attempts to break bonds of the old and make way for the new. Both, traditionalism and innovation, must be handled cautiously, serving as a bridge on both ends rather than a polarizing force aiming to wipe, neglect, and or dismiss the other element from its existence. Generally, this is what fuels political turmoil, armed conflict, and eras of transitory political regimes.
Unfortunately, the ladder has constantly been at play regarding Ethiopia. Resulting in a perpetual cyclical rotation of discontent, political instability, weak institutions, economic stagnation, and unwarranted armed conflicts.
Society’s Philosophical Battle
The analysis between traditionalism and innovation within a society has been a long-disputed philosophical tool. It is nothing that is groundbreaking nor astonishing but remains critical nonetheless in assessing the evolution of a society.
Traditionalism inherently values stability, continuity, and the wisdom embedded in historical practices and customs; it is essentially a natural evolution withstanding the tests and tribulations of time – often providing a sense of identity, belonging, and moral guidance.
It can be seen as a response to rapid change, hence innovation, emphasizing the need for stabilization or a slow-down approach from the dangers of something disrupting like an invading force.
Innovation, on the polarity, holds emphasis on the need for progress, adaptation, and embracing new ideas and technologies. It is simply the philosophical approach that society must evolve to meet the demands of a changing world. It is often seen as essential for maximizing economic growth, enhancing social mobility, and addressing contemporary challenges like food shortages.
Traditionalists may see the erosion of cultural identity through globalization and the spread of new technologies as a threat to local traditions. Innovators, on the other hand, may argue that cultural exchange and global collaboration foster new opportunities and growth. Traditionalism may emphasize caution, preferring the known and tested over the unknown, while innovation often requires taking risks in order to discover new possibilities.
Historically, Ethiopia has played both traditionalism and innovation to its own benefit. One example is when Emperor Menelik handled the influx of foreign intervention at his door-step with political strategy. While pitting one European power over another in exchange for gunnery and cash, Menelik defended Ethiopia’s sovereignty from Italian threat, French threat, Arab threat, and from his main gunnery supplier, the British. As a result, Ethiopia’s weaponry modernized, the first railroad line was constructed from Djibouti, the first automotive vehicle was imported, and Ethiopia’s cultural and traditional ways and means resumed. Other political ramifications surrounding the region mounted as a result but I digress as it is not the focal point here.
Both of these elements, traditionalism and innovation, rival each other, oftentimes resulting in unwarranted, unprecedented armed and violent conflicts if one is not checked over the other or if one favors the other on the balancing beam. It is when both of these elements are in congruent alignment, in-parallel with one another that enables a society to, at least, have the opportunity to stabilize while gradually growing (in terms of economy or populous), advancing (in terms of enlightenment), maneuvering (in terms of policy), and or adopting ( in times of change).
Ethiopia’s balancing act between traditionalism and innovation is nothing new, again. Ethiopia has constantly been balancing both elements since biblical accords when Aksumite Emperor Najashi welcomed muslim refugees into his kingdom, challenging traditional norms and welcoming change as well as risk, while still asserting central Christian authority. Demonstrating traditionalist norms while incorporating innovation.
In more recent times, DERG’s accession to power was evidence of the withdrawal of traditionalism, favoring innovation. The extreme imbalance proved disastrous on every front. Currently, Ethiopia stands at a pivotal point that encourages it to take a step towards traditionalism as the innovative changes made under the Ahmed administration have proven to be non-foundational yet drastic. Nonetheless, the main point remains, traditionalism and innovation must be an attached relationship for Ethiopia. We must bridge the two, if we can learn anything from history.
II. THE ROARING 30s
Ethiopia’s successful application in attempting to bridge traditionalism and innovation can be best demonstrated through Haile Sellasie, when his governance first attempted to codify a legal canon for his people. Ahead of his time, the realization and action in doing so, by Sellasie, represented innovation in of itself and Ethiopia’s direction in slowly modernizing. Albeit, influenced and pressurized by Western power. Haile Sellasie’s first Ethiopian constitution of 1931 did reveal Ethiopia’s heavy traditionalist influence of the time but immensely transformed, as well as advanced Ethiopia by codifying the rights of the Ethiopian people.
Some may argue that these rights were limited, but nonetheless, it was the right step towards the right direction for the nation at the time. Sellassie’s abolition of Slavery in the 1940s is just another example of such “innovation” that went against traditionalist norms.
The critical aspects of Ethiopia’s 1931 Constitution highlights Haile Selassie’s absolute monarchical power grip, an introduction to a bi-camerial legislature structure, coded judicial system, rights to the people, and the code in representing the diverse ethnic make-up of Ethiopia.
Although under absolute authority of the emperor and restricted suffrage, the constitution personifies traditionalism and innovation – maybe the 1931 constitution personifies traditionalism too much, maybe it reveals innovation too little. Nonetheless, we can agree that its make-up was needed. The constitution’s policy formally ended after the Italian occupation.
III. IN THE MIDST OF CHAOS LAY OPPORTUNITY
Following the defeat of the Italian Occupation in Ethiopia by the Argenboch Patriots, Ethiopian martyrs, Shifta groups throughout Ethiopia as well as anti-fascist Eritreans in the highlands of Eritrea, Ethiopia adopted the 1955 Revised Constitution of Ethiopia.
This constitution was simply an extension of what once was prior to the five years of occupation and an attempt to quickly establish a coded means of rule after a hiatus of disastrous, in-humane, illegal, and brutal fascism from Mussolini’s attempt in re-creating the Roman Empire in East Africa.
Article 3 of the 1955 Constitution reaffirmed the Emperor’s position as the head of state, as well as the head of government. The Emperor’s divine right to rule remained the key central figure to the political structure like centuries before. In addition, the emperor had the power to amend the constitution through imperial decree, which gave him immense authority to shape the nation’s future without much need for popular approval.
Furthermore, the social hierarchy system of nobility and the influence of aristocratic families continued to play a dominant role in everyday political life. The Crown Council (a group of senior nobles from different ethnic groups contrary to mainstream political belief ) and various feudal lords (like the Ras and Dejazmach) had substantial influence in Ethiopian political life, maintaining a feudal structure with strong ties to the imperial family.
Despite some reforms, the land-owning aristocracy continued to hold much political influence. Undoubtedly reaffirming traditionalism in all senses.
On the contrary, however, one of the key innovations of the 1955 constitution was the establishment of a bicameral parliament, composed of the House of Nobles (senate) and the Chamber of Deputies. This represented a shift towards a more modern parliamentary system.
The House of Nobles consisted of appointed members, including nobility, clergy, and the Emperor’s appointees. This body, however, still had a distinctly aristocratic nature, with little public representation. The Chamber of Deputies, on the other hand, was to be elected by the public.
The 1955 constitution was written by three American advisors to the Imperial Family, Ras Kasa’s conservativeness almost always downed the advisor’s request to certain elements. Thus, encouraging HM Haile Selassie to effectively use his executive orders to override certain provisions, proving just how critical the balancing act between traditionalism and innovation is.
The 1955 Constitution included provisions that acknowledged property rights, marking a departure from Ethiopia’s traditional system, where land was owned by the state and granted to nobles. It also introduced the concept of political parties and allowed for the formation of organizations that could represent different societal interests, though these were tightly controlled and limited under the emperor’s supervision.
Critical, the idea of a civil service based on merit, rather than just aristocratic privilege was formally coded in 1955. A move towards a more modern governance and political system and professionalism within the state apparatus that was unprecedented.
Selassie’s evolution, evident with his two constitutions and their revisions, demonstrate not only the Western influence at play during his reign but also the innovative and moderate direction that he was willing to adopt in order to better position Ethiopia domestically and within the international scene. HM Haile Selassie finished what Emperor Tewedros had initiated, the completion of the nation-state of modern Ethiopia.
During his reign of modernization efforts, Selassie may have indirectly attributed to his downfall but we will save that conversation for another time.
Nonetheless, HM Haile Selassie’s efforts in balancing traditionalism and innovation was truly the last time Ethiopia may have done so efficiently and the last time in which gradual stability may have been within reach.
IV. ERA OF TRANSGRESSION – WARRING STATE OF ETHIOPIA
After the coup of the Emperor, the 1974 Constitution of Ethiopia, led by former Col. Hailemariam, levied favorably towards innovation rather than traditionalism. Again, that does not go to say that all innovation is good. It goes to state the contrary in that it is a withdrawal from traditionalism. It might be fair to conclude that the only traditionalist element of the 1974 work was the remnant of their being a centralist power at the core of political activity.
Summarizing just how drastic the 1974 constitution pivoted away from traditionalism. Ethiopia, being one of the most religious centers of the world and one of the oldest-Christian nations in the world, took on state-atheism as a primary characteristic of governance. Completely abandoning its soul.
Innovations, particularly revolving around Marxist ideology and communistic social policy, forced secularism on Ethiopians. The most notable of “new” innovations was the adoption of a socialist system of governance, rooted in Marxism-Leninism, which aimed to transform Ethiopia into a people’s democratic republic.
1974 established provisions for land reform, nationalization of industries, and the creation of a planned economy, which represented a radical departure from the agrarian feudalism that had characterized the imperial regime of the past.
This drastic, pivotal, and polar move to committing entirely towards innovation, in our lens, without regard nor taking into account traditionalist elements, attributed to the massacres and numerous wars that Hailemariam participated in. He had no strategy, only an ideology. Catapulting the nation towards regression rather than development.
His ideology of innovation consequently gave up use for traditionalism. Ethiopia at this point of time had no soul because of it.
V. THE SOLUTION TO MUCH NEEDED CONSTITUTIONAL REFORMATIONS WITHIN ETHIOPIA
The 1994 Constitution was Ethiopia’s attempt in still further innovating but taking a backstep towards traditionalism to regain the nation’s soul that was lost during Derg. Traditionalist elements were reflected in the Constitution’s respect for Ethiopia’s long-standing cultural and ethnic diversity while also re-emphasizing the centrality of Ethiopia as a unified state. However, unlike earlier constitutions, it granted greater recognition to ethnic groups and their rights within a federal structure, which was a novel yet culturally resonant approach in a nation with a history of ethnic pluralism.
By institutionalizing democracy, decentralization, and ethnic federalism, the 1994 Constitution innovated both the structure and the legal framework of governance, while still drawing on Ethiopia’s diverse historical traditions of ethnic recognition and local autonomy.
Innovative, undoubtedly. Costly, it has proven. By drawing state lines based on ethnicity, the Ethiopian constitution of 1994 has indirectly encouraged ethnic tensions that has perpetually put Ethiopia at war with itself for the past three decades. The balancing of traditionalism and innovation in the 1994 Constitution is out of balance, it leans heavily towards innovation. Just as how the previous constitution of 1971 leant despite the 1994 constitution attempting to re-balance its balance beam.
Ethiopia’s first two constitutions leant towards traditionalist standard while gradually innovating in certain principles. The last two constitutions have leant favorably towards innovation but with little traditionalist means. The two couplets do not cancel each other out, Ethiopia still has a long way to go. Dissolving ethnic-federalism while also incorporating judicial principles at the political helm and a check of balances in code, are just two of the many critical life-saving medications that will serve dividends to Ethiopians and correct the flawed 1994 constitution.
Lastly, Article 39 of the 1994 constitution which grants “every Nation, Nationality, and People in Ethiopia…an unconditional right to self-determination, including the right to secession” is misaligned to its actual root. The best response to this contested article is given by HM Goshu Wolde, former Ethiopian Minister of Foreign Affairs, in which he emphasized that:
“Individual freedoms are not given to territories, they are given to peoples.” Goshu Wolde
Editor’s note : Views in the article do not necessarily reflect the views of borkena.com
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Good article. Thanks.
ዘራፍ የጠቅል አሽከር ዘራፍ ዘራፍ
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