Ethiopia 1994
The Ethiopian constitution of 1994 filled the legal vacuum left after the defeat of the Derg government in 1991 by a coalition of armed groups: the Ethiopian People’s Revolutionary Democratic Front (EPRDF), the Eritrean People’s Liberation Front (EPLF), and the Oromo Liberation Front (OLF). In an attempt to end the long-running civil war in Ethiopia, the United States invited leaders of the Derg government and the three opposition groups to peace talks in London in May 1991. Before these talks began in earnest, however, Addis Ababa fell to opposition forces. Faced with the collapse of the incumbent government, the three groups agreed to convene a transitional conference in July to draft an interim constitution.
Between the London meetings and the transitional conference, it was agreed among the three parties that Eritrean independence would not be resisted, and a draft of the interim constitution was prepared. This was presented to the delegates at the transitional conference in Addis Ababa. This conference included approximately 100 voting delegates representing 27 political organizations. Some leftist parties declined invitations to attend, while others were excluded by the EPRDF. The plenary sessions of the conference were broadcast, but negotiation sessions were closed. The interim constitution outlined the procedure for drafting and adopting a permanent constitution, placing the main authority for the draft in a transitional legislature, the 87-member Council of Representatives, appointed by the various political groups represented at the transitional conference.
The Council of Representative created a 27-member Constitutional Commission to develop an initial draft. The commission included representatives from political parties within and outside of the council, as well as some economic groups and the Women’s Association. The commission made some efforts to educate the public and obtain input during the drafting process. Sessions where drafting took place, however, were not open to the public. The commission operated by consensus; on the two issues where consensus could not be reached, alternate texts were forwarded. After 13 months, the commission submitted its proposal to the Council of Representatives. By this point, several parties had left or been expelled from the EPRDF-dominated council. Tensions between the EPRDF and the OLF erupted into armed conflict during the process. Both the council and the commission were also seen as unrepresentative by Amharic-speakers.
Consideration of the draft in the council proceeded article-by-article and was broadcast to the public; decisions were again taken by consensus. Ratification was assigned to a specially elected 547-member Constituent Assembly; the EPRDF won 483 seats while the OLF boycotted the elections. The Constituent Assembly was empowered to create its own rule of procedure; it considered the draft article-by-article. All provisions were approved by at least 90%. There were demonstrations in Addis Ababa against the constitution while the assembly met. The new constitution, approved in 1994, did not enter force until August 1995. The most salient characteristic of the Ethiopian process was the ability of the EPRDF to consolidate its position, exercising more control at each stage and obtaining a document that was very much in keeping with its platform and preferences.