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The Federal Council

CHAPTER 6

CHAPTER 7

CHAPTER 8

CHAPTER 9

CHAPTER 10

CHAPTER 11

Article 53

The Councils

There shall be two Federal Councils. The Council of Peoples’ Representatives and the Federal Council.

Part One

The Council of Peoples’ Representatives

Article 54

Members of the Council of Peoples’ Representatives

1. Members of the Council of Peoples’ Representatives shall be elected for a term of five years on the basis of universal suffrage and by direct, free and fair elections. The law shall determine the specifics.

2. Members shall be elected from candidates in each electoral district by a plurality of the votes east. Provisions shall be made by law for special representation for minority nationalities.

3. Members of the Council, on the basis of population and special representation of minority nationalities, shall not exceed 550; among these minority nationalities shall have at least 20 seats. Particulars shall be defined by law.

4.Members of the Council are representatives of the Ethiopian peoples as a whole. They are governed by:

(a) The Constitution

(b) The will of the people; and

(c) Their conscience

5. A member of the Council shall not be charged with an offense on account of the vote he casts or opinion he expresses in the council, nor shall any administrative actions be taken against a member on such grounds.

6. A member of the Council shall not be arrested or charged with a crime without the permission of the Council unless he is apprehended in flagrante delicto.

7. A Council member may lose his mandate of representation upon loss of confidence by the electorate.

Article 55

Powers and Functions of the Council of Peoples’ Representatives

1. The Council of Peoples’ Representatives shall have the power of legislation all matters assigned by the Constitution to Federal jurisdiction.

2. Consistent with the provision of sub-Article 1 of thus Article, the Council of Peoples’ Representatives shall enact specific laws on the following matters:

(a) Land and other natural resources, the utilization of lakes and rivers whose waters connect or flow across the borders of two or more States;

(b) Inter-State and foreign commerce;

(c) Air, rail, water and sea transport, major inter-State rods, postal and telecommunication services;

(d) Enforcement of the political rights established by the Constitution and electoral laws and procedures.

(e) Nationality, immigration, passport, exit from and entry into the country, the rights of refugees and of asylum;

(f) Uniform standards of measurement, and calendar.

(G) Patents and copyrights;

(h) The possession and bearing of fire arms.

3. Labor code

4. Commercial code

5. Penal code. The States may, however, enact penal laws in matters that are not covered by Federal penal legislation.

6. Civil laws which the Federal Council deems necessary to maintain and sustain one economic community.

7. The organization of national defense, public security, and a national police force. If the conduct of these forces infringes upon human rights and the nation’s security, it shall carry out investigations and necessary measures.

8. In conformity with Article 93 of the Constitution it shall proclaim a state of emergency on the basis of an emergency decree approved by the Council of Ministers.

9. On the basis of a draft law approved by the Council of Ministers it shall proclaim a state of war.

10. It shall approve general policies and strategies of social and economic development, and fiscal and monetary policy of the country. It shall enact laws on matters relating to the administration of the National Bank, exchange of foreign currency, and the local currency.

11. It shall levy taxes and duties on revenue sources reserved to the Federal State. It shall ratify the budget of the Federal budget.

12. It shall ratify international agreements negotiated and signed by the Executive.

13. It shall approve the appointment of Federal judges, members of the Council of Ministers, Commissioners, the Auditor General, and of other officials whose appointment is required by law to be approved by it.

14. It shall establish a Human Rights Commission and shall determine by law its powers and its functions.

15. It shall establish the institution of the Ombudsman. It shall elect its members. It shall determine by law the powers and functions of the institution.

16. It shall, on its initiative, request a joint session of the Council of Peoples’ Representatives and the Federal Council to take appropriate measures when State authorities are unable to arrest violations of human rights. It shall, on the basis of the joint Councils’ decisions, give directives to the concerned State authorities.

17. It has the power to call and to question the Prime Minister and other Federal Officials and to investigate the Executive’s discharge of its responsibilities.

18. It shall, at the request of the one-third of its members, discuss any matter pertaining to the powers of the Executive. It has, in such cases, the power to take decisions or measures it deems necessary.

19. It shall elect the Speaker and Deputy speaker of the Council. It shall establish standing and ad hoc committees as it deems necessary to accomplish its work.

Article 56

Power of Government

A political party, or a coalition of political parties, that has the greatest number of seats in Council shall form the Executive and lead it.

Article 57

Adoption of Laws

The Council shall submit to the President for signature all laws it has passed. The President shall sign a law submitted to him within fifteen days. If the President for does not sign the law within fifteen it shall not take effect without his signature.

Article 58

Meetings of the Council and the Duration of its Sessions

1. The presence of more than half of the members of the Council constitutes a quorum.

2. The Council’s annual session shall begin on the Monday of the last week of the Ethiopian month of Meskerem and ends on the 30^thday of the Ethiopian month of Sene. The Council may adjourn for one month of recess during its annual session.

3. Council members shall be elected for a term of five years. One month prior to the expiry of the Council’s term, elections shall be concluded for a new Council.

4. The speaker of the Council may call a meeting of the Council when it is in recess. The Speaker of the Council is also obliged to call a meeting of the Council at request of one-half or more members.

5. Meetings of the Council shall be open to the public. However, the Council can hold a closed meeting if the Executive or members of Council request a closed meeting and if such a request is approved by one-half or more of the members of the Council.

Article 59

Decisions of the Council and Rules of Procedure

1. Unless otherwise provided for the in the Constitution, all decisions of the Council shall be by a majority vote of the members present and voting.

2. The Council shall adopt rules and procedures regarding the organization of its work and of its legislative process.

Article 60

Dissolution of the Council

1. With the Council’s consent, the Prime Minister may dissolve the Council before the expiry of its term in order to hold new elections.

2. The president may invite political parties to form a coalition government within one week, if the Council of Ministers of a previous coalition is dissolved because of the loss its majority in the Council. The Council shall be dissolved and new elections shall be held if the held if the political parties cannot agree to the continuation of the previous coalition or to form a new majority coalition.

3. New elections shall be held within six months of the dissolution of the Council in accordance with sub-Articles 1 or 2 of this Article.

4. Within thirty days of the conclusion of the elections the new Council shall convene.

5. After the dissolution of the Council, the previous governing party or a coalition of parties shall continue as a caretaker government. However, except, it shall not decree new laws and orders, nor shall it amend or annul existing laws.

Part Two

The Federal Council

^{Article 61}

Members of the Federal Council

1. The Federal Council is composed of representatives of nations, nationalities and peoples.

2. Each nation, nationality and people is represented in the Federal Council by at least one member. Each nation or nationality shall be represented by one additional representative for each one million of its population.

3. Members of the Federal Council shall be elected by the State Councils. The State Councils may elect them directly, or they may hold elections to have members of the Federal Council elected by the people.

Article 62

Powers and Functions of the Federal Council

1. The Federal Council has the power to interpret the Constitution.

2. It shall organize the Council of Constitutional Inquiry.

3. It shall, on the basis of the Constitution, decide on claims based upon the rights of nations, nationalities and peoples to self-determination, including their right to secession.

4. It shall promote the equality of the peoples of Ethiopia enshrined in the constitution and promote their unity based in their mutual consent.

5. It shall exercise the powers and the functions concurrently entrusted to it and the Council of Peoples’ Representatives.

6. It shall strive to find solutions to disputes or misunderstandings that may arise between States.

7. It shall determine the division of revenues derived from joint Federal and State tax sources and the subsides that the Federal Government may provide to the States.

8. It shall order Federal intervention of any State, in violation of this Constitution, endangers the constitutional order.

9. It shall establish ad hoc and permanent committees.

10. It shall elect the Speaker and the Deputy Speaker of the Council, and it shall adopt administrative rules and rules procedure.

Article 63

Immunity of Members of the Federal Council

1. A member of the Council shall not be arrested nor shall a member be charged with a crime without the Council’s permission unless apprehended in flagrante delicto.

2. A member of the Council shall not be charged on account of a vote or a statement made in the Council, nor shall any administrative actions be taken against a member on such grounds.

Article 64

Decisions and Rules of Procedure of the Federal Council

1. The presence at a meeting of two-thirds of the members of the Council constitutes a quorum. All decisions of the Council require the approval of a majority of members present and voting.

2. Members of the Council vote only when they are present in person in the Council.