The Ethiopian people have for long been were denied human and democratic rights. In addition to this, they lived through an extreme poverty that denied them from fulfilling their life’s desires. Human and democratic rights are not luxury. They are tools that guarantee or led to a better and fulfilling life.
Therefore, for Ethiopian people, ensuring their human and democratic rights was an existential issue. This is why the people fought past dictatorial regimes that denied them these rights. As there was no democratic space that enabled them to protect these peacefully rights during the monarchial and dictatorial regimes, they were left with no other means or way to do that but through armed struggle. This is why the Ethiopian people waged an armed struggle that demanded life sacrifice to topple the military and dictatorial Derg regime.
After the military regime Derg was toppled, the new Federal Democratic Republic of Ethiopia was established. The basic thing that makes the new Ethiopia unique is the fact that the constitution is not given by rulers from above, but it was ratified by the consent of Ethiopians after they deliberated upon it within themselves.
The constitution not only decided and enabled Ethiopia’s nation, nationalities and people; who have been denied to endorse and nurture their national identity, to live through self-administration, but it is also a covenant document the people agreed on to live together in unity. It is not only diversity that the constitution endorsed. It has endorsed diversity of opinion, religion etc … It is unthinkable to disregard democracy in a country where there are diverse ethnicity and opinion.
This is why the FDRE constitution ensured democratic rights. The constitution has ensured human right as well. Articles 13 to 44 of the FDRE constitution are about human and democratic rights. One third of the constitution articles are about political and democratic rights.On this article, I will look into the constitution stipulations that concerns with democratic rights. On chapter three, part two of the constitution under the title “democratic rights”, various right and freedoms have been stipulated going from article 29 to article 44.
These are: Right to Hold Opinions, Thoughts and Free Expressions; Freedom of Assembly, Public demonstration and the Right to Petition; Right to Association; Freedom of Movement; Rights of Citizenship; Rights Relating to Marriage, the Individual and the Family; The Rights of Women; Child; The Right to Justice; The Right to Vote and to be Elected; The Right of Nations, Nationalities and Peoples; The Right to Property; Economic, Social and Cultural Rights Workers' Rights; The Right to Development; Right to the Protection of the Environment
As it is not possible to delve into the content and implementation of the democratic rights and freedoms that are stated on the constitution in this short article, I will try to look into the rights to hold opinion, thoughts and free expression that is stipulated on article 29 of the constitution.
The right to hold and express opinion freely was for the first time ensured in the country on the FDRE constitution. This right is in the forefront when it comes expressing the new Ethiopia. The following is stipulated on article 29 of the constitution under the title ‘Right to Hold Opinions, Thoughts and Free Expressions’.
- Everyone shall have the right to hold opinions without any interference.
- Everyone shall have the right to freedom of expression without interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through other media of his choice
Freedom of the press and mass media as well as freedom of artistic creation is guaranteed. Press freedom shall, in particular, the following:
- Censorship in any form is prohibited
- The opportunity to have access to information of interest to the public.
In order to make sure that information, ideas and opinions that are necessary for democratic system are exercised freely; the press will get legal protection in order for it to have the ability to host various opinions and outlooks and to have procedural freedom.
A government or public run Media will be managed in a way that it is able to host various outlook and opinions. Nothing in the foregoing shall absolve anyone of liability arising from laws enacted to protect public morals, peace, human dignity and democratic rights of citizens. Any citizen that is found violating legal limits that are levied in relation to exercising the aforementioned rights, he/she can be held legally accountable.
There was no such thing as freely expressing opinion during the dictatorial Derg and the monarchial regimes that reigned before the fall of the last dictatorial government. It was prohibited by law to print and circulate private newspapers or magazines. Establishing radio station was unthinkable in those days. It was the government alone that can speak through the radio.
In general, private or free press was a dream during those days. The newspapers and magazines that we easily buy and read used to be unattainable dreams during those days. Especially during the dictatorial military regime, it was prohibited to import foreign magazines that are printed aboard let alone printing and circulating newspapers and magazines here. Being in a possession of newspaper or magazine was bookable offense.
The avenues that can be considered close to freely expressing opinion during those days were publishing and recording books and songs. Even doing those things was not easy task. Before the fictional books and songs are published or recorded, the authors and song writers were expected to provide their creative works before the censorship procedure of the ministry of information.
The person that oversee the censorship can cut out any of the material that he may deem puts the regime, the officials etc … in a negative light. And if the material cannot be just cut, then it may be banned altogether. And if somehow there are materials that went through the censorship, what followed was imprisonment and death for the author, publisher, seller and may be also those who read or heard the material.
It was not only freely expressing opinion that was prohibited. If someone voices opposing views of the regime or the officials in any areas, work place, recreational places, even at their homes and if that reached the ears of the spies of the regime, what followed were imprisonment, heavy beating, and loss of lives. Reading or hearing about issues the government don’t want the people to know during those days was bookable offense. After the last centralist dictatorial government Derg was toppled, the ban on the right and freedom of access to information was lifted through a proclamation – on the free press proclamation that was decreed on the transitional government in mid 1992. And later, this right was stipulated on the constitution.
Following the stipulation of the freedom to express opinion on the constitution, numerous private newspapers and magazines started to be printed and circulate. This was started during the transitional government. The circulating magazines and newspapers were not censored. The topics of the papers and magazines ranged from politics to sex based on the interest of the publishers. The people responded by reading everything they got their hands on to quench years of thirst to freely read.
Through time, after the people quenched their thirst of reading, they started to read by identifying what is good and beneficiary to them to those that are not. Most of the magazines and newspapers that entered circulation in 1992/93 were dumped by the people because they found some of them unethical, and the rest to have no substance in them. Today the opinion and positions of the opposition parties are covered by daily newspapers and magazines freely and overtly. The opinion and commentary of the elites and other citizens on political, economic and social issues are also covered.
In addition to newspapers and magazines, books are being published and distributed without going through any censorship. Currently, books that are either fiction, or has historical, professional, political etc … content are published and distributed every other week at least. Books that are published abroad are brought into the country and are reprinted and distributed here. It was rare to see one book published during the Derg era.
Out of the political heavy books that are currently published, most of them oppose the incumbent ruling party that seized power through the consent of the people, and in general the constitutional system that is in place in the country. This is happening because the constitution ensured the right to express opinion freely.
In addition to books, songs, films, theatre works are presented to the public without going through any censorship. This is also the outcome of the freedom to express opinion that is guaranteed by the constitution. In general, the objective of free press which itself is an expression of freedom to express opinion is to strengthen democracy, bring peace and facilitate development. Press doesn’t have any other objective than this. Press freedom doesn’t include creating a rift between people and the government through bogus information, inciting war and encouraging terrorism, and smearing legal institutions.