Civics Gr.12 - Unit 2 and 3 - For 2nd Month
Civics Gr.12 - Unit 2 and 3 - For 2nd Month
Civics Gr.12 - Unit 2 and 3 - For 2nd Month
The FDRE’s Constitution preparation was wide and all encompassing, and was based on the noble values of democracy,
the rule of law and respect for human rights. The salient constitutional issues were discussed throughout the land at the
Kebele level and decisions reached. These decisions were forwarded to the Constitution Drafting Commission appointed
by the Transitional Government.
A Constituent Assembly was then duly elected, whose only task was to go through the constitutional draft and finalize it.
This Constitution was approved by the 538 members of the Constituent Assembly on 8 Dec, 1994 - Hedar 29, 1987 EC.
The power to amend a constitution may be delegated to the organ empowered to make ordinary laws — the parliament.
The procedures for the amendment remain totally different from that relating to ordinary laws. Ordinary laws may be
passed by a simple majority but, the amendment of a constitution requires a more rigid procedure. For example, in
Ethiopia how the Constitution must be amended is provided in the FDRE Constitution, Article 105 sub-article 2:
Amendment of the Constitution:
All provisions of this Constitution other than those specified in sub-article 1 of this Article can be amended only in the
following manner:
A. When the House of Peoples’ Representatives and the House of the Federation, in a joint session, approve a proposed
amendment by a two-thirds majority vote; and
B. When two-thirds of the Councils of the member States of the Federation approve the proposed amendment by
majority votes. (For fuller clarification see the FDRE Constitution, Article 105)
Hierarchy of laws
The hierarchy of laws is a chain of subordination of laws. At the top of the chain is the Constitution, below which are the
ordinary laws. Ordinary laws are enacted through proclamations, usually made by parliament. In Ethiopia, they are made
by the House of Peoples’ Representatives at the Federal level and the State Councils at the Regional level. Below are
administrative regulations in turn sub-divided into higher and lower depending on the hierarchy of the administrative
organ producing them?
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They are made by the executive/administrative branch of the government. At the Federal level, the higher executive
powers are given to the Prime Minister and the Council of Ministers. At the Regional level the State Administration is the
highest organ of executive power. This shows that hierarchy of law represents the superiority of one law over the other.
All laws do not have equal authority. For example, the Constitution is the supreme law. No other law is equal to it. As
lower laws may under no circumstances contradict the constitution, no regulation may contradict an ordinary law. If it is
to contradict, it shall be held null and void.
Conflict is caused when two or more parties perceive that their interests are incompatible, and want to achieve their aims
through actions that damage the interest of the other. These parties may be individuals, small or large groups or countries.
Conflicts should be handled peacefully through mechanisms that accommodate competing interests. Various instruments
regulate conflict: the national constitution and laws, family and clan structures,
and the court system. Relating to these, procedural justice and alternative means of conflict management will now be
discussed.
Procedural Justice: Refers to the right to equality in the processes that guarantee all persons equal procedural
opportunities within the law. The minimum procedural justice is that parties in conflict, whose rights are affected, have
the right to be heard without discrimination on grounds of race, color, sex, language, religion, political or other opinion,
national or social origin, wealth, birth, status etc.
The FDRE Constitution Articles 19 and 20 provide the necessary safeguards of procedural justice regarding human rights
as follows:
Article 19(1): Persons arrested have the right to be informed promptly, in a language they understand, of the
reasons for their arrest and of any charge against them.
Article 20(2): Accused persons have the right to be informed with sufficient particulars of the charge brought
Against them and to be given the charge in writing.
Article 20(4): Accused persons have the right to full access to any evidence presented against them, to examine
Witnesses testifying against them, to adduce or to have evidence produced in their own defence, and to obtain the
attendance of an examination of witnesses on their behalf before the court.
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Causes of Conflicts
Some practical causes/reasons of conflict are as follows:
A. Resources – territory, water, energy sources, food (and how they should be distributed) and money;
B. Power – how control and participation in political decision-making are allocated
C. Identity – concerning the cultural, social and political communities to which people feel tied;
D. Status – whether people believe they are treated with respect and dignity and whether their traditions and social
positions are respected;
E. Values and beliefs – particularly those embodied in systems of government, religion, or ideology.
Criteria for Evaluating Rules and Laws
1. Fair: Rules and laws must be impartial, just and equitable. They must be free of bias or prejudice. Rules and laws
must apply impersonally; not to particular people or groups; nor must they be unequal or arbitrary in their application;
and they must not single out specific individuals or groups for favourable or harsh treatment.
2. Easy to understand: Rules and laws must be stated in a clear and understandable manner, with the absence of cross-
reference or jargon, which otherwise makes them difficult to understand. They must avoid having too much detail or
being too narrow. However, laws and rules have sometimes ambiguous and incomplete phrases that are subject to
interpretation by judges and law professionals.
3. Well designed: Rules and laws must be designed to achieve political, economic and social development and need to
fit with the changing circumstances. They must be based on human dignity, equality and freedom in a democratic
society. Rules and laws should not invade rights unless they need to achieve their basic purposes.
4. Clear: Rules and laws should be clear as to what is expected by the people so that they are able to conform their
conduct accordingly.
5. Not violating other values: Rules and laws should not discriminate between cultural groups or not interfere in the
promotion of cultural values. They should not affect rights to participate, enjoy and practice in cultural life.
6. Possible to follow: Rules and laws need to have the quality by which persons find them possible to live up to their
expectations. Rules and laws which are irrelevant, ambiguous, obstructing cultural developments are difficult to
respect; consequentially they could be source of disagreement and instability.
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6. Right to counsel: This is the right to be represented by legal counsel. This counsel can be provided by the defendant
or at state expense. The service of legal counsel is important as the defendant will be unlikely to have the legal
knowledge that works in his/her favour.
7. Right against self-incrimination: Under criminal law it is the prosecutor who has the burden of providing evidence
for the commission of a crime beyond reasonable doubt. Therefore, the defendant has no burden to prove his
innocence. Article 19(2) of the FDRE Constitution provides that the defendant has the right to remain silent. The court
must make it clear to the defendants, in advance, that anything they may say could be used asevidence against them.
Moreover, a person cannot be compelled to make a confession or admission, which could be used in evidence against
them.
8. Protection against double jeopardy: Article 21(3) of the FDRE Constitution states that, where an individual has
been previously tried and acquitted or convicted, that person cannot be charged and convicted again for the same
offence.
9. Right of appeal: The accused or the prosecutor, after a decision has been made by the court, is entitled to recourse,
by way of appeal or review, to a competent high court. The FDRE Constitution, Article 20(6) provides that All
persons have the right of appeal to the competent court against an order or a judgment of the court which first heard
the case.
Federalism is one form of government where rule of law is believed to be respected. Based on a territorial and functional
division of powers, federalism is designed to harmonize unity with diversity. Federalism is thus a system of government
which embodies a division of power between central and regional authorities, each of which has its own independence and
works in harmony with the others. The emphasis here is the division of power between the central and state governments.
The purpose of the division of power is to limit the power of the federal government, while reserving all other powers for
the regional states which then continue unhampered as separate sovereignties.
This legal and important relationship of sharing of power between the central government and regional states is well
regulated by an instrument known as a federal constitution. In the Ethiopian context, the FDRE Constitution establishes a
dual polity, a two tier governmental system, with central government at one level and the regional ones at the other. The
FDRE Constitution clearly demarcates the spheres of action for each level of government by formulating an elaborate
scheme of distribution of legislative, executive, and judicial powers between the federal and the state governments.
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Lesson Four: Rule of Law and the Fight against Corruption
There are many causes for the prevalence of corruption in Africa and many parts of the world. Among these, absence of
rule of law and lack of exemplary ethical leadership are important causes of corruption. Indeed, absence of rule of law
automatically suggests that exemplary leadership would be difficult. This lack of exemplary ethical leadership in most
countries can be attributed to the fact that personal and private interests take precedence over national interests. This in
turn sets the patterns of behaviour in one’s dealings with others. It will also have a cascade effect, influencing others to
give precedence to their own interests at the expense of others.
Bearing this in mind, we will see ways of struggling against corruption, and the measures to be taken against corrupt
individuals. Controlling corruption in Ethiopia needs to be more closely linked with good governance and strong civil
societies. Good governance encompasses the dimensions of accountability, openness and transparency, and predictability
and the rule of law.
The following are some of the approaches to be employed in the fight against corruption in our country:
1. Preventive approach: This approach focuses on the preventive role that the constitution and other laws afford. For
instance, those laws and rules related to financial administration auditing systems have a direct role in preventing
corruption. Issues related to: ethical regulation, having committed citizens, disclosure, registration of property and
mass media all play indirect roles.
2. Curative approach: This includes receiving complaints, investigating corruption cases and bringing the corrupt
officials to justice. Corrupt behaviour should be punished as it is an evil act against the nation, citizens and
government, and is believed to be immoral. The corrective measure against corrupt behaviour should be immediate
and effective.
Individual citizens are victims of corruption. They are also the causes and perpetrators of corruption. Therefore, the
solution to avoid corruption lies with the citizens. Citizens have to respect the constitution, be honest and truthful in their
daily activities and be ready to combat corruption in every way possible. As corruption has a political, economic and
social damaging effect, it harms both Government and Non-government Organizations.
Therefore, institutions have their own role in enforcing the rule of law and different legal regulations to develop
transparency and accountability in the execution of their duties. Finally, the perpetrators of corruption must be
Severely punished, irrespective of their status and standing in society. It is not only punitive measures, including the
promulgation of appropriate laws and adequate capability for investigation and enforcement that are needed to combat
corruption; but also preventive measures that reduce the opportunities for corrupt practices. To achieve this goal,
individual citizens and institutions have a responsibility to contribute to the fight against this social evil.
Part II – Multiple choices : Choose the best answers from the given alternatives
_____1. If a law made is found to be in conflict with the Constitution, what should be done?
A. make the law null and void C. make the Constitution null and void
B. re-write the law in such a way that it does not contradict the Constitution D. A or B
______2. “No man is above the law” refers to:
A. popular sovereignty B. separation of power C. rule of law D. parliamentary supremacy
______3. A federal state may have:
A. only one constitution B. two constitutions C. two or more constitutions D. three constitutions
______4. Constitutions are normally written by a body known as:
A. the parliament B. constituent assembly C. the council of ministers D. a group of lawyers
______5. The conduct of legal proceedings according to established rules and principles for the protection of and
enforcement of private rights is known as:
A. procedural justice B. due process of law C. separation of power D. parliamentary supremacy
Part III – Write True if the statement is Correct and False if the statement is wrong
______1. It is right if his Excellency, the Minister for Justice, tells a judge that his decision concerning his son’s
case is wrong and that he should change the decision.
______2. Judges sometimes can change laws made by the parliament.
______3. The rule of law limits the authority of the government and its officials but, they can decide on any
matter as they wish.
______4. Laws are considered as primary legislation or proclamation enacted by the highest legislative organ of
the country called the Parliament.
______5. Lack of exemplary ethical leadership, in most cases, provides encouragement for corruption.
Unit Three
Equality
Lesson One: The History of the Ethiopian Peoples’ Struggle against Oppression
Inequality and oppression characterized the previous Ethiopian landscape. Though the highest proportion of the Ethiopian
population were peasants, they were severely exploited. They were forced to pay heavy taxes and their feudal lords, and
other government officials, took most of what they produced. Peasants in Ethiopia suffered from maladministration,
corruption and lack of social services. They did not remain indifferent to their hardships, but revolted against the injustice
done to them in different ways. The peasants’ rebellions in Gojam, Bale and Tigray are very good examples.
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When the government failed to respond, the peasants rebelled. The government sent the army and police force and
suppressed the rebellion.
Though the Ethiopian students played the major role to bring about the end of the regime, it was the committee of military
officers called the Derg that controlled political power. The Derg declared, “Land to the Tiller” in 1975, but it did not
bring a democratic system to the country. Rather, it controlled and exercised unlimited power, suppressed oppositions and
established a single party system. Because of this, the peoples of Ethiopia started fighting against the Derg.
In 1988, the TPLF managed to liberate much of Tigray. It was around this time that the TPLF and EPDM agreed to form
the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF). The EPRDF was joined by the newly formed liberation
movements, the Oromo Peoples’ Democratic Organization (OPDO) and the Ethiopian Democratic Officers’
Revolutionary Movement (EDORM). The EPRDF forces eventually defeated the Derg and removed the military
government from power in 1991. This led to the transition to democratic rule
in the country.
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Many countries have provided group rights to support or protect disadvantaged groups. After the end of the Apartheid
system in South Africa, the South African government sought to redress the inequalities which prevailed during the
Apartheid period. It favoured the disadvantaged groups such as blacks, coloured people and Indians by providing
economic opportunities which were not previously available to them.
These kinds of assistance helped members of the disadvantaged groups to achieve more in education and the world of
work. Many people agree that affirmative action is important to remedy past discrimination. However, there are people
who consider affirmative action unjust. There are people who argue that affirmative action’s goes against the principle of
equality. Some people consider affirmative action as reverse discrimination and, therefore, unjust. Women have
historically suffered from discrimination in many parts of the world. This was true, even in the United States where
women were not allowed to vote until the 1920 Constitutional Amendment. American women were also victims of
discrimination in relation to employment. For instance women in the United States were denied the right to serve as
judges.
Women have also suffered from discrimination and injustice in Ethiopia. Though women play a crucial role in the family
and at the community level, their contribution was undermined. They did not have the right to own land and other non-
movable assets. They did not have the right to inherit family assets such as land. The subordination of women was not
limited to the family level. Women were regarded as second class citizens at a national level too. Women were denied the
right to have equal opportunities in education. As a result, they were underrepresented in the world of work and the
politics of the country. We need to recognize the role of women and integrate their experiences and efforts into
development schemes.
The FDRE’s Constitution gives much attention to equality between women and men. It also recognizes that women
suffered from injustice and discrimination and entitles them to remedial and affirmative actions in order to compensate
past mistakes. The purpose of affirmative action is to enable women to have equal participation with men in the economic,
social and political life of the country.
Countries such as India, China, Nigeria and the United States of America have a wide range of diversities. For instance,
there are more than two hundred fifty ethnic groups in Nigeria. About 114 languages and 216 dialects are spoken in India.
Diversity does not stop these countries from achieving rapid economic development. For example, India is one of the
countries which has achieved rapid economic development despite having so many cultural groups. Likewise, the
American population is characterized by racial, ethnic, cultural and religious diversity. Different racial groups, such as the
white Americans, African Americans, Asian Americans and native Americans, live and work together in one political and
economic space. Despite their racial, ethnic, cultural and religious differences, the Americans have managed to build their
country as the major power in the world.
Ethiopia is also a country of religious, linguistic and other cultural diversities. Though we have many cultural groups, and
despite our diversity, we still need to create a common political and economic space and work together in the fight against
poverty and backwardness. Since unity is strength, this will help us promote our common interests in a better way,
maintaining equality and recognizing our diversities. We need to recognize the importance of maintaining equality of
languages, religions and other cultural traits. That means we have to avoid considering our language, religion or culture
superior to that of other people.
People have a tendency to consider their way of life to be good, right and even superior to that of others. This tendency of
considering the cultures of other people inferior is called ethnocentrism. Ethnocentrism is the use of one’s culture for
judging the life styles of other individuals or societies that leads to a negative evaluation of their values, norms and
behaviour. As a result of ethnocentrism, many European travellers and writers regarded African societies as ignorant,
backward and primitive, though the reality is far from this.
An ethnocentric individual is someone who is unable or unwilling to look at other cultures in their own terms. As a
result, he or she fails to understand the true qualities of other cultures. Such a person, taking his religion as a point of
reference, may consider the religious practices of others as backward, primitive or even threatening. These kinds of
judgments may lead to serious conflicts and bloodshed. You have to avoid ridiculing others because of their language,
religion, cultural dances or dress. Rather try to understand the culture of others from their perspective. Anthropologists
call this approach of understanding cultures, cultural relativism.
Cultural relativism refers to understanding people’s ways of living from the framework of their culture. It is the way of
understanding culture in its own terms. Cultural relativism is a belief that any particular set of customs, values and norms
are relative to a particular culture and that they can only be understood and evaluated within that particular cultural
context. Anthropologists use this technique to compare cultures and understand why people in different cultures live
somewhat differently.
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______2. Petition B. A belief in, or assumption of, the superiority of the social or cultural
group that a person belongs to.
______3. Maladministration C. Rights held by individuals who are the members of a group.
______4. Cultural relativism D. Rights held by a person as an individual
______5. Group rights E. Incompetent or dishonest management or administration, especially in
public affairs
______6. Individual rights E. An appeal or formal request
Part II – Multiple choice : choose the Best Answers from the given alternatives
______1. Which of the peasant revolts was destroyed by the joint actions of the Ethiopian government and a
British force?
A. the Bale peasant rebellion C. the Gojjam peasant rebellion
B. the first Woyane movement D. the second Woyane movement E. none of the above
______2. Which of the following statements is true?
A. There are areas of conflict between group rights and individual rights.
B. There is no conflict between affirmative actions and the idea that all human beings have equal rights.
C. Group rights are aimed at facilitating the realization of equality among different groups of people.
D. The current Constitution of Ethiopia gives priority to individual rights.
______3. Which of the following is true about ethnocentrism?
A. Ethnocentrism is the tendency to evaluate cultures in their own terms.
B. Strong ethnocentrism may lead to conflicts between different cultural groups.
C. Ethnocentrism is a tendency to consider one’s culture or religion superior to that of others.
D. Ethnocentrism does not allow us to understand the true qualities of other cultures.
E. all of the above
______4. Which of the following does not go with group rights?
A. the right to self-determination C. the right to the child to learn in his/her mother tongue
B. the right to develop one’s culture D. the right to self-governance E. the right to vote
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