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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

CHAPTER FIVE
UNDERSTANDING DEMOCRACY AND HUMAN RIGHTS

UNIT 5.1: THEORY AND PRACTICES OF DEMOCRACY

Contents
5.1.1 Introduction
5.1.2 Aims and objectives
5.1.3 Origin and definition of democracy
5.1.3.1 What is democracy and democratic system?
5.1.4 Types of Democracy
5.1.4.1 Direct/Pure democracy
5.1.4.2 Indirect /Representative democracy
5.1.5 Characteristics of democracy
5.1.6 Constitutional Democracy and Participation of Citizens
5.1.7 Check your progress
5.1.8 Selected References

5.1.1 INTRODUCTION

Dear learner, it is possible to divide theories of governance in to two broad categories. One includes types of
authoritarian government, which allow little or no participation in decision making by individuals and groups
outside the upper reaches of the government. The second category includes democratic government which
allows much broader and more meaningful participation.

The term democracy is as old as the golden age of Greek. The Athenians, in the fifth century BC reached at
the highest level in democratic development in comparison with other city-states of the time. In a short period
of time, they were able to promote it surrounding world. In the existing world many nations are building the
political system in which the citizens are in the process of self-governance. We the people of Ethiopia are
now in that process.

Nowadays, the word democracy is commonly used in our state, Ethiopia. Some people wrongly understand.
Some times you might have heard even people saying “this is my democracy”, which is absurd.

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

In this unit you learn the meaning of democracy; what democracy is all about; the two ways of implementing
democracy; the features of democracy. The last part of the unit gives emphasis to the necessity of rule of law
for effective and full participation of citizens in the process of building constitutional democracy.

5.1.2 AIMS AND OBJECTIVES

People, in the process of constructing democracy, should be able to have a reliable and clear understanding
and knowledge about the system that is being built by them. They need to have also the required skill, in
order to effectively participate in the building up process.

At the end of this unit you should be able to:


 explain the meaning of democracy
 identify and explain the two ways in which citizens exercise democracy
 describe how the historical development of democracy proceeded
 identify and explain the roles played by citizens in the building up process of democracy
 identify and explain the fundamental principles of democracy `
 develop the value of the culture of tolerance, skills of conflict resolution, and
 respect for the rule of law

5.1.3 ORIGIN AND DEFINITION OF DEMOCRACY

5.1.3.1 Origin of Democracy


In an effort to understand the concept of democracy, scholars have turned the origin of democracy as a
source of inspiration. Democracy appeared and practiced for the first time in the city-state of Athens in the 5th
Century B.C. During Athens democratic period 507-322 B.C., major decisions were made by simple majority
of thousands of citizens who assembled for long discussion of issues. It is hard to overestimate the
importance of Athens to the development of cotemporary representative democracies. Hobbes, Lock, Mill,
Jefferson, Tocqueville and other political philosophers who helped crystallize the concept of representative
democracies were deeply influenced by Athenian democracy.

The three main social groups in Athens were slaves, metics (foreign residents), and citizens. However,
Athenian democracy was a democracy only for adult male citizens. Women, metics, children and slaves were
not included.

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

The Athenian democratic system had six components. These were:


A. The Assembly: this is the most outstanding feature of the system. Every adult male citizen could
participate in the assembly, which was composed of 5000-6000 men. The assembly met about twice
a year and decisions were made by simple majority vote. The assembly could virtually on domestic
issues without legal restrictions. The leaders of the assembly were not elected but chosen by lot.
Athenians believed that any citizen is capable of holding office. There were not executive institutions
like President, Prime Minister, cabinet or permanent civil servant.
B. The Nomothetai: consist of 500 men chosen by lot from the jurors (assembly members). Their task
is to consider and vote on change of law.
C. The People’s Court: it is composed of up to 6000 citizens who are greater than 30 years old. The
members are selected by lot and could not have the same office twice. The Jury members for a
particular case were chosen by lot from those 6000 and varied in size.
D. The Boards of Magistrates: The body is responsible to implement the decisions of the assembly. It
is composed of 1000 members.
E. The council of Five Hundred: trials conducted by this body and it decide guilt and innocent by
majority vote.
F. The ho boulomenos (individual citizens): the word “ho boulomenos” means “he who wishes.” At
the beginning of the assembly such question will be forwarded to the members. “Is there anyone who
wishes to speak to the members?” ordinary citizen could seize opportunity to propose initiatives for
decrees, laws and legal cases.

At the down of Christian era, the Roman Republic was transformed to the Roman Empire. People were
considered subjects than citizens and owe allegiance to their immediate power (personified power). There
was no effective institutional device by which the citizen could participate in government and control the
empire. The empire disintegrated in Western Europe in the 5th century A.D. (after the birth of Christ). In the
Dark Ages that followed, there was no democratic government.

In the Middle Ages (roughly between 900-1500 A.D.), there were some elements of popular participation in
government, but it was predominantly monarchial or aristocratic in essential form. By the end of the 15th
century, feudalism lost its rule and modern period begun by rule of absolute monarchs who treated their
people as subjects rather than citizens. But in the 19th and 20th century monarchial and aristocratic was
everywhere going before it is the years preceding World War I.

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

To sum up there were important historical milestones that facilitated the development of democracy.
 The Athenian Constitution drawn up in 508 B.C.
 Magna Carta (The Great Charter) of 1215: King John of England accepted Magna Carta and
guaranteed basic rights and liberties to the English people.
 The 1776 American Declaration of Independence stated the democratic belief “life, liberty and
pursuit of happiness.”
 The 1789 French Revolution: it was a struggle against royal tyranny which marked the struggle
for liberty, equality and solidarity (fraternity).
 The establishment of the UN system in 1945 was a step forward in strengthening democracy at
global level.

5.1.3.2 What is democracy and democratic system?


Democracy is a concept that has very complex and wide meaning. It has been defined differently in different
contexts. However, we can for our purpose here approach the concept from two perspectives. One is to
define it etymologically as government/rule of and by the people (i.e ‘demos’ in Greek means people/the
many and ‘kratia’ rule/power hence democracy means peoples’ rule) and the other is to give the concept a
socio-cultural and politico-economic context and accordingly define it as a moral value/ethical idea that
preaches about liberty and equality of individuals and groups. Hence the need for government’s/other actors’
power limitation if they go against these values is eminent.

Moreover, democracy defined as:


 Democracy is a system of government in which the supreme political power resides in the people
 Democracy is a form of government in which political control is exercised by the people either directly
or through their elected representatives
 In the conception of Abraham Lincoln, the U.S president (1809-1865), democracy defined as
“government of the people, by the people, for the people.”
 Democracy is the institutionalization of freedom. This is to mean that democracy is a set of ideas and
principles and a set of procedures and practices about rights and freedoms.
 Democracy is management of conflict. Democracy is composed of values of tolerance, cooperation,
compromise, consensus, pragmatism, compassion, civility etc. These values are instruments of
resolving conflicts peacefully therefore; democracy is peaceful resolution of differences.
 Democracy is a way of living and working together. It is an element of self-government and it is an
evolutionary changing not a static process.

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“The world will little note, nor long remember, what we say here, but it can never forget what they did here.
It is for us, the living, rather to be dedicated here to the unfinished work which they who fought here have
thus far so nobly advanced. It is rather for us that government of the people, by the people, and for the
people, shall not perish from the earth.”
Abraham Lincoln (1809 - 1865) U.S. president.The dedication of the national cemetery on the site of the
Battle of Gettysburg, known as the Gettyburg Address.

A democratic system is a system of government in which people are governed by persons whom they elected
are their leaders. Democracy is the way to social and economic development of the people. One reason
people need to build democracy is to secure sustainable social and economic development of the people and
fair distribution of resources. Democracy thus provides citizens with opportunities for fulfillment of their
economic and social needs such as food, shelter, education, healthcare, etc. Democracy is a flexible and
open political system. It seeks to find new solutions to the many problems and issues facing society.

Generally, democracy refers to a political and social process through which people to people as well as
people–government relationships are guided by principles of popular sovereignty (a belief that government’s
legitimate authority emanates from the people) and rule of law (a belief that government power should not be
arbitrary rather its exercise must be circumscribed/limited by a set of rules).

Democratic government has however, varied considerably over the centuries. Perhaps the most fundamental
distinction is between democratic systems, that are based up on direct popular participation in government
and those that operate through some kind of representative mechanism. This highlights two contrasting
models of democracy direct democracy and representative democracy.

“If liberty and equality, as is thought by some are chiefly to be found in democracy, they will be best
attained when all persons alike share in the government to the utmost.”
Aristotle (384 BC - 322 BC), Politics

5.1.4 TYPES OF DEMOCRACY

As it has been repeatedly mentioned, democracy is a political system in which the citizens administer or
govern themselves. But how do people administer or govern themselves? For the purpose of answering this
question let us see the two types of democracy: 1. Direct 2. Indirect democracy

5.1.4.1 Direct democracy (pure democracy/ participatory democracy)


Direct democracy, classically termed pure democracy, is any form of government in which all citizens can
directly participate in the decision-making process. All citizens, with out the intermediary of elected or

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

appointed officials can participate in making public decisions. A political system that does not allow citizens
direct participation, in decision making process is not democracy. It is when citizens are able to pass
decisions on their own affairs that can be said that they are governing themselves. At theoretical level
democracy means a political system in which all eligible citizens directly involve in law making, implementing
and interpreting activities.

Historically, the Athenians exercised this pure democracy. During the 4th century BC, the population of
Athens may well have comprised some 250,000—300,000 people. Citizen families may have amounted to
100,000 people and out of these some 30,000 will have been the adult male citizens entitled to vote in the
assembly. This excluded a majority of the population, namely slaves, children, women and resident
foreigners.

Nowadays, at manageable population size level for example keble, town meeting, community and trade
union, direct democratic system is practical. Referendum and election are two processes in which people
exercise direct democracy. In these processes not the representatives but the citizens themselves appear in
person and pass their own decision. In this system the people pass decision on behalf of themselves. But in
the case of indirect or representative democracy, the representatives pass decision on behalf of the people.

“Parliament is not a congress of ambassadors from different and hostile interests; which interests each must
maintain…but parliament is a deliberative assembly of one nation, with one interest, that of the whole;
where, not local purposes… ought to guide, but the general good, resulting from the general reason of the
whole.”
Edmund Burke (1729-1797), Irish-born British statesman and political philosopher, was elected Member of

5.1.4.2 Indirect /Representative democracy: - is at best, a limited and indirect form of democracy. It is
limited in the sense that popular participation is both frequent and brief being reduced to the act of voting
every few years depending on the length of the political term. It is indirect in the sense that the public is kept
at arm’s length from government the public participate only through the choice of who should govern it, and
never, or only rarely exercise power itself.

Some advocates of representative democracy argue that it is the only practicable form of democracy in
modern conditions. This is because, a high level of popular participation is possible with in relatively small
communities in that face-to-face communication can take place between and amongst citizens moreover, to
consult the general public on each and every issue, and permit wide-ranging debate and discussion
threatens to paralyze the decision- making process and make a country virtually ungovernable.

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

Dear learner, do you accept this idea? Why or Why not?


The most fundamental objections to direct democracy is however, that ordinary people lack the time, maturity
and specialist knowledge to rule wisely on their won behalf. In this sense, representative democracy merely
applies the advantages of the division of labor to politics specialist politics able to devote all their time and
energy to the activity of government, can clearly do a better job than would the general public.

Therefore, today the most common form of democracy is representative democracy, in which citizens elect
officials to make political decisions, formulate laws and administer programs for the public good.

1.1.5 FUNDAMENTAL VALUES AND PRINCIPLES OF DEMOCRACY

“In democracy it's your vote that counts; In feudalism it's your count that votes.” Mogens Jallberg

5.1.5.1 Values of Democracy


There are three core values that are central in the discussion of the concept of democracy. These are values
of liberty/freedom, justice and equality. Lets us now briefly look at what each of them means.

Liberty: This value includes personal freedom (to mean that Individuals should be free from arbitrary arrest
and detention and also their homes/property should be secured from unreasonable searches and seizures),
political freedom ( to imply that people of a nation have the right to participate freely in the political process
such as elections without being subject to arbitrary arrest, harassment and electoral corruption such as
buying votes, intimidation and obstruction of voter) and economic freedom ( to mean that citizens should
have the right to acquire, use, transfer and dispose of private property without unreasonable governmental
interference and more over to enjoy right to seek employment wherever one pleases, to change employment
at will and to engage in any lawful labor unions or business corporations).

Justice: this value of democracy can be understood in three general senses of fairness. These are
distributive Justice (the sense of distributing benefits and burdens in society via agreed up on standards of
fairness), corrective Justice (the sense that a proportional response should be in place to correct wrongs and
injuries) and procedural justice (the idea that procedures used for gathering information and making decisions
should be guided by such principles as impartiality and openness of proceedings).

Equality: three notions of equality are of particular significance here for our discussion. i.e political equality (
implying that all people who attain the status of adult hood have equal political rights or in short one man-one

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

vote- one value) , social equality ( implying that there should be no social hierarchy at individual and
collective level or no discrimination what so ever)and economic equality (implying that all peoples of a
country deserve equal and fair assessment to the national resources services).

5.1.5.2 Principles of Democracy


Although we can be exhaustive in our list, the followings constitute some of the fundamental principles (both
in the procedural and substantial senses) of democracy.
Sovereign Authority of the people: - It is the with mate power vested in all the people rather than in some
of them to make political decisions
• Sovereignty:- Supreme power, or the ultimate decision making power
• Vestment (dispositions) in the people power possession of the people or the source of power is in the
people
• The ‘People’ all adult citizens (Citizens who are in the legal –maturity)
Therefore, sovereignty of the people implies the ultimate decision making power of the people.
The rule of law (The supremacy of the constitution): Democracy is characterized by the rule of low In
democracy Constitutional government lead the political order In such Cases, both public officials and citizens
live and behave according to the low public officials abide by constitution their power is granted and limited by
low The transfer of power is also made peacefully through periodic elections this is essential features of the
prevalence of the rule of low.
Separation of powers:- It avoids the concentration of political power at the centre or in the hands of the few
Instead, political power is shared among different organs and levels of government In democracy decision
making is usually shared among three branches of government These are the legislative the executive and
the judiciary this helps to check and balance political power among independent bodies of the government
separation of power therefore, avoids the possession or control of political power by a single body.
Human and Democratic Rights: democracy provides to the people (citizens) fund mental rights & freedoms
these rights includes the most basic ones such as the right to life, liberty, equality, and other economic social
and political rights and freedoms because without which one can not think of a democratic system.
Conduct and accountability of government: This refers to the transparent activity of government that
enables the people to make the government officials accountable for the failure that they committee to
discharge their official duties.
Majority Rule and minority Rights: In the system of democracy, decisions are usually made based on
majority vote the opinion and believes supported by majority members would be accepted and implement by

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minorities who oppose it. However, the basic rights of the minority would be protected and served and their
voices is also heard (Listened).
Multi-party system: In a democratic political system there exist two or more political parties competing
peacefully for political power the parties generate different views, ideas or opinions etc, for the benefit of
society. In multi-party system elections are conducted fairly, freely and periodically. The winner party
assumes power independently or in coalition with minority parties. The activities of the party in power which is
checked and observed by other parties those are not in power.
Peaceful transition of political power: prevalence of peaceful transition of political power first from the
public via elections to political contestants (parties or individuals) and latter from all competitors to a
winner(s). To this end, elections are expected to be fair, free periodic, competitive and all inclusive.
Free, Fair and periodic Elections: Periodic election is a process of democracy in which public officials are
chosen to positions at every specified time through this process citizens determine those who assume
leadership. Not all elections serve this purpose but those that are characterized for being free from biases
and corruption, fair for allowing the opportunity for all eligible persons and periodic in that the government is
constantly renewed by citizens’ political participation.

To sum up, in democracy, the people exercise self-governance either directly or through their chosen
representatives. Democratic government means popular government in theory; the people are fundamentally
responsible for their own political well-being. However, the people are the source of governmental power,
they can’t simply do any thing they wish virtually every democracy imposes Limitations on majority rule.
Furthermore, well-established rules and regulations usually dictate the procedures according to which
government operates where governments are determined by meaningful elections and where such limitations
are in force, the government is said to be a constitutional democracy.

5.1.6 CONSTITUTIONAL DEMOCRACY AND PARTICIPATION OF CITIZENS

Civic participation refers to the active involvement of citizens in the political, economic and social affairs which
are their own. Providing human and democratic right constitutional democratic system facilitates the active
participation of citizens in the three spheres mentioned above.

As it has been cited in the previous unit, a constitution is defined as sets of laws, principles, policies etc
serving as guiding and the highest law of the state. It describes a government and its operation. It has also a
function of issuing of rights, freedoms, equalities, and liberties to citizens to play active role in socio-economic

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and political affairs of their own. Thus, constitutional democracy (democratic system based on constitution)
has a great importance for the active participation of citizens and in turn a great contribution for the healthy
development of constitutional democracy.

As we shall see later, when we deal with constitution and constitutionalism, the mere existence of constitution
does not bring about the active participation of citizens. There must be constitutionalism. The active and
effective involvement of citizens, in their own affairs is possible if their constitutional rights are properly
protected and enjoyed. It requires rule of law; that means acting or behaving according to the law. The
government bodies and their officials have the duty to obey and observe the constitution. The government is
expected to protect not violet, the rights of citizens issued by the constitution. The rights include freedom of
thought, opinion and expression; the right of assembly, demonstration and petition; the right to vote and to be
elected etc.

Constitutional democracy depends on a participation of enlightened citizens, those who control their
representatives (public officials). Limited government remains limited only by vigilance of citizens who prevent
or protest ethical and constitutional violation. It is only through thoughtful participation of citizens that the
promises can be achieved and a healthy democracy can be established. The fourth and last part of the unit
gives emphasis to the necessity of rule of law for effective and full participation of citizens in democracy.

5.1.7 DEMOCRATIZATION AND ACTORS IN THE DEMOCRATIZATION PROCESS

5.1.7.1 Democratization
Democratization is 'the transition to a more democratic system of government'. It also refers to substantive
political changes moving in a democratic direction. It may be the transition from an authoritarian regime to a
full democracy, a transition from an authoritarian political system to a semi-democracy or transition from
a semi-authoritarian political system to a democratic political system.

Democratization itself is influenced by various factors, including economic development, history, and civil
society. The ideal result from democratization is to ensure that the people have the right to vote and have a
voice in their political system.

Historically, democratization has been kicked off by several factors. Higher wealth throughout the population
gives more people economic equality, which often turns to a desire for political equality. Greater education,

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Chapter Five: Understanding Democracy and Human Rights WOYAHA, DELH, FTVETI

especially literate populations, are more likely to think, read, and write about their rights, and are more likely
to encourage democratization. Healthy economies, lengthy periods of peace, good international relations,
industrial technology, cultural values, and even the growth of a middle class have all been proposed to
influence the move towards democratization.

5.1.7.2 Actors in the Democratization Process


1. Roles of the Government in Democratization Process
It is not beyond imagination that governments, especially that of developing countries like Ethiopia, play the
central roles in democratization processes. Accordingly, in this part, we shall look at the central roles and
functions of government in general and Ethiopia government in particular. In line with this, the following ones
are the major central roles and functions of government, especially in developing countries like Ethiopia.

A. Effective Order, Predictability, Internal Security and External Defense


Nearly all governments at least claim to have as their primary role and purpose the establishment of an order
that permits predictability which in turn, promotes a sense of security among the governed (the public).
Moreover, government on behalf of state and the governed takes the primary/central role in internal security
and defends its territory from external attack.

B. Fair and Just Distribution of Resources and Social Responsibilities


All governments play a role of controlling the distribution of resources in their societies fairly and persistently.
These include capital, labor, and natural resources. In doing so, governments have the mandate to determine
which resources will be publicly controlled, and which sectors & resources will be in private hands.

Moreover, governments have usually the responsibilities to discharge social responsibilities such as
education, health (protection against the hazards of sickness), physical infrastructure, protection against
unemployment and old age, etc.

C. Policy planning /formulation and implementation


Governments are usually given the mandate to formulate, implement, supervise and evaluate various public
policies in many issues and sectors at different levels. In this regards government; formulates, implement and
supervise various laws such as constitutional law, criminal law, civil laws, etc. Likewise, governments are
vested with the power and authority to formulate economic, social, cultural, and other policies accordingly.

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D. Conflict Resolution and Management


All governments develop various institutions and procedures for the effective management of conflict and
political flare-ups at individual and collective level. In line with these institutions like legislative, executive, and
judiciary are established accordingly. Likewise, governments may also provide other institutional and informal
means of conflict management such as voting rights, majority rule, protection of minorities, and freedom of
expression and discuss in conflicting ideas, beliefs, etc.

E. Good Governance /Democratic Governance


Prevalence of democratic governance requires establishing the required institutions. Needless to say that it is
through those government institutions that the values of democracy and good governance are put in to
practice. The two core indicators of good governance are:
1. Accountability; and
2. Transparency
1) Accountability: Refers to the system in which elected public officials are made to be responsible
(answerable) to the people that elected them.
2) Transparency: Transparency refers to the ideas that the workings/procedures, decisions, and actions of
the government and its officials should be clearly disclosed and known to the people. In other words, the
people should be made aware of important policy decisions of the government, including how, when,
where, by whom and why they are made. The rationale is that access to such information enables
citizens to check the prevalence of accountability in their government, prevents a government from being
corrupt and from transgressing the wishes and interests of the people.

2. The Roles of Civil Societies in Democratization Process


Civil society are associations which are separate from state and enjoy some autonomy in relations with the
state, and formed voluntarily by members of society to protect or promote their interests, values, or identities.

Civil society is a broader concept encompassing all the organizations and associations that exist outside of
the state (including political parties) and the market. It includes the extent of organizations, which considered
as interest group [not only NGOS but also Chamber of commerce, ethnic associations, welfare group, -- etc.).
It also includes religious organizations, sports club and informal community group.
From the above explanations, we can easily understand that civil societies are formed by the free will of their
members, voluntarily not by force, but by their own. Thus, for an individual to voluntarily participate in civil
societies or civic group, he/she should believe that there is a cause to promote through participation.

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It goes without saying that civil societies deliver a lot of benefits and advantages in building and consolidation
of democracy and democratization.

Democracy is about creating and consolidating an enabling environment and fertile ground for people’s
participation in the public affairs. Therefore, if democracy is to be successful and effective, devoted and
persistent participation of citizens in the affairs of the public is conspicuous. This is because of the fact that
democracy is not like a machine that goes by itself once it is inserted; rather, it needs the devoted and
persistent participation on the realization and achievement of democracy and democratization process.
Therefore, it is evolutionary process that requires time and a myriad of requirements. Due to this fact the
realization of the ideals of democracy demands the reasonable intervention of civil societies. They promote
citizen’s participation in decision-making on various issues directly or indirectly. Civil societies can go as they
usually do, to the extent that of influencing and monitoring the government in drafting, ratification and
implementation of public policies and lawmaking.

As a result of the above mentioned justifications civil societies are usually viewed as an important vehicles or
organs in framing public agendas, developing public opinions, and mobilizing local populations for awareness
development, and looking for solutions and come up with suggestions.

Trade Unions
Trade unions have protecting workers' economic rights as their main responsibility. They have, inter alia, to
make sure that workers are paid reasonably in a workers-friendly working environment. It is however not
canonical that trade union should only stick to this role especially under a circumstance where public policies
are silent about workers interests. In this context, a political role is in escapable as these unions have to go
beyond economism and struggle to democratize the state.

Professional Bodies
Organizations representing professionals bring to the table of governance the views and experiences of those
groups of people who oil the machinery of governance on a day to day basis and without whose active input
there would be little governance to speak of. Lawyers’ guilds, medical practitioners’ associations,
accountants’ bodies and others, play a crucial role in ensuring that their adherents perform their duties
diligently and with probity and in checking professional misconduct and sanctioning fraud. They are of special
importance in promoting self-regulation in areas in which governmental bodies lack specialized competence.

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Academic Organizations
At this time of profound change, academia, including universities, research institutes and public policy
centers, has taken on increased importance in world affairs by helping to uncover the dimensions of change
and to construct an intellectual platform upon which future efforts may be built. By expanding the flow of
ideas, academia has become increasingly powerful in encouraging public participation in national and
international dialogue on the future and, more importantly, in shaping that dialogue. Thus, by its very nature,
academia also contributes to democratization. At the same time, academia is providing important new
evidence on the complementarity among peace, development and democracy, and on the contribution of
international organizations to all three.

The Media
The media are a powerful force for democratization. Responsible and independent communications media
can engage the governments and people in different affairs and enable them to be informed, to discuss and
debate, and to express positions on the issues of the day. In this way, the media and democratization are
mutually re-enforcing: a free press is a vehicle for democratization; democratization promotes the open
society in which a free press can flourish.

The media can help keep national politics open, responsive and accountable. The media, especially through
the immensely powerful imagery of television and film, have the ability to set the terms of debate and to
shape public opinion.

The media can be used to mobilize political support or to undermine opponents. This can be done by
communicating negative propaganda or news about opponents or simply not making their views public.
Governments also use the media to communicate their ideas in a particular way that suits their interests. This
largely accounts for the determination by governments, the world over, but especially those that suffer from a
crisis of legitimacy, to control the media. The mass media are crucial in political life because they are the
means by which citizens, groups and leaders acquire political information and try to influence each other.

Access to information is essential to the health of democracy for at least two reasons. First, it ensures that
citizens make responsible, informed choices rather than acting out of ignorance or misinformation. Second,
information serves a “checking function” by ensuring that elected representatives uphold their oaths of office
and carry out the wishes of those who elected them. Free and fair elections conducted through transparent

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processes require a media sector which gives candidates equal access, and reports the relevant issues in a
timely, objective manner.

The media can also help build peace and social consensus, without which democracy is threatened. The
media can provide warring groups mechanisms for mediation, representation and voice so they can settle
their differences peacefully. The media also serve as a conduit between governors and the governed and as
an arena for public debate that leads to more intelligent policy- and decision-making.

3. The Roles of Political Parties in Democratization Process


Political parties usually play their role in an all-out endeavor of democratization process and building and
consolidation of democracy. Before we shall see how they play their role in democratization process, let’s
look at the comprehensive definition of political party and basic characteristics that distinguishes them from
other groups.

Political party refers to a formally organized group of people that performs the function of educating the
public, recruits and promotes individuals for public offices and that provides a comprehensive linkage of
functions between the public and government decision making having its known particular policy.

This indicates that the definition of political party has the following three essential ingredients:
A. It is an organization of persons who are more or less agreed on some important matters of public
policy
B. It is an organization whose main aim is to take part in the struggle for power; and
C. It is a body whose members make concerted efforts to implement their policies and programs by
constitutional (democratic) means.

Distinct characteristics of political parties that differentiate them from any other groups
With regard to some major features of a political party that distinguishes political parties from any other
groups; we can identify the following characteristics:
 Parties aim to exercise government power by winning political office
 Parties are organized bodies with a formal “card caring” membership. This distinguishes them from
broader and more diffuse social movement.
 Parties typically adopt a broad issues focus, addressing each of the major areas of government policy;
and

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 To varying degree, parties are united by shared political preferences and a general ideological identity.
Constitutional parties operating in a context of electoral competition tend to be portrayed as defenders of
democracy; indeed, the existence of such parties is often the litmus test of a healthy democratic system. As
such, political parties can play their pivotal role in the process of democratization.

Political parties can, as they often do, play several pivotal roles for building and effective consolidation of
democracy and democratization process. The major indispensable roles and imperatives of political parties in
democratization and democracy, among others, are the following:
 It is important to organize and coordinate individual interest. Needless to say, individuals or
citizens have different political views and interests though in the meantime the interest of some
individuals are the same. In some cases, political party is important to sum up or to organize those
people who have the same or similar political views. Organizing individual’s interests is important to
handle contradicting views of development.
 It is important to create political awareness among the citizens. Political parties perform the job
of political mobilization, and recruitment. In a democratic system, the people have the right to know
about what is going on in their government offices. So, the presences of such parties are important to
expose the doings of government. Besides, it also educates the people about the democratic
measures that should be taken.
 Political parties are important to widen the base of popular participation. Political parties are
one of the most important attributes of democratic system. In order to implement the very concept of
democracy, effective and persistent participation of people in their affairs is must.
 Political parties are important to serve the interest of the people. The very concept of
democracy is the rule of law. In democratic processes, the people are in charge and the government
is expected to implement the interest of the people. After completion, for example one of the parties
will hold power in such a way that the party serves the interest of the majority in order to be
successful in their completion.

Business Associations
This category encompasses a wide range of actors, mainly involved in for-profit pursuits in commercial,
trading, contracting, farming, mining, and other areas; and they are outside the realms of civil society
organizations. Its importance has grown dramatically since the economic liberalization processes that have
taken place across the world, especially with the marked withdrawal of the state from many of its former
economic interventions. It ranges from large corporate entities to small and medium entrepreneurial actors

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providing a variety of services to the community. It is also a sector that, on a very basic level, provides gainful
employment for a huge number of citizens, thereby helping to reduce the size of armies of unemployed youth,
and includes peasants, artisans, petty traders, vendors and hawkers.

Therefore, they can play an important role in economic governance, including advising their governments on
how to help them grow their industries in equilibrium with the interests of other sectors of society, as well as in
the promotion of self-regulation. The importance of these associations arises out of their centrality in the
productive sectors.

5.1.8 CHECK YOUR PROGRESS

Part I: Select the best answer among the given alternatives.


1. Sovereign Authority of the people implies
A. Public officials have absolute power over the people
B. People are the source of political power
C. Political power comes by force
D. Peaceful Transition of political power
E. All of these
2. Which one of the following is not the principle of democracy?
A. It enables the people to be sovereign.
B. It recognizes and protects the individuals as well as group rights, liberties and equality.
C. Rule of Law
D. Decision is made based on majority vote system.
E. None of the above
3. In an Indirect democracy, decisions are passed by
A. All citizens B. peoples’ Representative C. Investors D. Media
4. Which one of the following best express sovereignty
A. It refers to the supremacy of rulers in implementing laws.
B. It is an attribute of the state
C. It refers to having an ultimate law making and implementing power.
D. It refers to power of the people to elect their representatives.

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Part II: Define the following words and phrases


Democracy Representative Democracy Indirect Democracy
Majority Rule and minority Rights Accountability of government Direct Democracy
Constitutional Democracy Participatory democracy

Part III: Say True or False


1. At present time implementing direct democracy at community level is impossible.
2. Uni-party system is one of the important features of democracy.
3. Periodic election of rulers is one of the important values of democracy

Part IV: Questions for reflection


1. Mention the reason why indirect democracy is sometimes said to be representative democracy.
2. Is there any means of implementing direct democracy in the present condition of the World? Give your
justification for your answer.

5.1.9 SELECTED REFERENCES

Goodin, Robert E. (2005) Reflective Democracy. Oxford University Press: New York.
Harrop, Martin and William L. (1987) Elections and Voters: A Comparative Introduction. London: The
Macmillan Press LTD.
Held, David (1996) Models of Democracy. Polity Press: Cambridge.
Markoff, John (1996) Waves of Democracy
Miller, L(ed)(1984): Questions that Matter
Miroff, Bruce et.al (2003) Debating Democracy: A Reader in America Politics (4th edition). Masterfile: Boston.
Muhlberger, Steve and Paine, Phil (n.d.) Democracy's Place in World History, Journal of World History.
Nzongola, Ntalajia and Margaret C. (1998) The State and Democracy in Africa. Africa World Press, Inc.:
Asmara
Tilly, Charles (2004) Contention and Democracy in Europe 1650-2000. Cambridge: University Press

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UNIT 5.2: FUNDAMENTAL HUMAN RIGHTS

Contents
5.2.1 Introduction
5.2.2 Aims and objectives
5.2.3 Meaning and Nature of Human Rights
5.2.4 Principles of Human Rights
5.2.5 Families of Human Rights
5.2.6 Universal Declaration o Human Rights
5.2.7 The Present Ethiopian Constitution and Human and Democratic Rights
5.2.8 Check your progress
5.2.9 Selected references

5.2.1 INTRODUCTION

Dear learner, in today's world, Human Rights are the great ethical yardstick that is used to measure a
government's treatment of its people. A broad consensus has emerged in the twentieth century on rhetoric
that frames judgment of nations against an international moral code prescribing certain benefits and
treatment for all humans simply because they are human. Human rights those benefits that we enjoy for the
simple reason that we are humans. We deserve them because of our nature. These are all natural rights.

Natural rights are those which appertain to man in right of his existence. Of this kind are all the intellectual
rights, or rights of the mind, and also all those rights of acting as an individual for his own comfort and
happiness, which are not injurious to the natural rights of others.

This unit is mainly concerned with these natural rights with which we human beings are born. The unit starts
with providing you the working definition and features of human rights. And it goes on providing you with
important characteristics and principles of these natural benefits of human beings. Human rights nowadays
have many branches or members. At present time you hear different types of human rights. Around the end
of the unit you will be introduced to UDHR and the human right provision of the existing constitution of
Ethiopia.

“Only the educated are free.” Epictetus (55 AD - 135 AD), Discourses

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5.2.2 AIMS AND OBJECTIVES

One of the important indicators whether the political system is democratic or not is the provision of human
rights. The proper enjoyment of these rights is also another important related issue. So, citizens, in a
democratic society, are those who are expected to enjoy their rights. Exercising one’s rights presupposes
knowing which one is our right and why.

At the conclusion of this unit, you should be able to:


 define human rights
 explain what the nature of human rights is
 identify and explain the features of human rights
 identify and explain the different branches of human rights
 develop a positive attitude to wards the protection or□ enjoyment of human rights
 identify and exercise the rights included in the present constitution of Ethiopia

5.2.3 MEANING AND ORIGIN OF HUMAN RIGHTS

5.2.3.1 Meaning of Human Rights


Rights are our advantages or benefits that we obtain as the member of community in which we belong. For
example, we enjoy rights because we belong to human community. Human rights are our benefits that we
acquire because of our essential nature. These are natural rights with which we human beings are born.
Human rights are the rights available to human beings by virtue of their being human. They are natural rights
which a human being acquires simply through birth.

“Because you are in control of your life. Don't ever forget that. You are what you are because of the conscious
and subconscious choices you have made. “ Ther
Barbara Hall, A Summons to New Orleans, 2000 e are
some rights which we enjoy because of our nature (human being). These are rights that are considered by
most societies to belong automatically to everyone, for example, the rights to life, freedom, justice, and
equality, liberty etc. Thus, they are inalienable and inviolable rights of all human beings living in whatever
country and political system.

Different scholars have different definitions of human rights. Though there is widespread acceptance of the
principles of Human Rights, there is no complete agreement on the nature of these rights and their
substantive scope. However, for our purpose here, Human Rights are generally defined as rights

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enjoyed only by human beings simply because they are humans and with no further requirements
what so ever attached. Because of even alternatively called as natural rights which are equally
possessed by all human beings everywhere. Human rights are understood to represent individual and
group demands for shaping and sharing of power, wealth, enlightenment and other values (like-respect and
its constituent elements of reciprocal tolerance, mutual clemency). Unlike Moral rights that emanate from the
consensus of two or more groups and Legal rights which are exercised as per the legal permission of certain
bodies and thus are accordingly amendable /violable human rights are natural rights that do not
emanate from government will or from individuals conventions.

“We hold in our hands, the most precious gift of all: Freedom. The freedom to express our art. Our love. The
freedom to be who we want to be. We are not going to give that freedom away and no one shall take it from us!“
Diane Frolov and Andrew Schneider, Northern Exposure, Cicely, 1992

5.2.3.2 Origin of Human Rights


Human Rights emerged to replace the phrase “natural rights” which was intimately linked with natural law.
Natural right replaced the right of man that excludes the right of women. The concept human rights are
modern arrival and are now used as an everyday language.

Ancient Period: the history of human right is traced back to ancient Greece and Rome. It was closely tied to
the pre-modern natural law doctrines of Greece like stoicism (the philosophy that advocates human conduct
should be judge according to and brought in to harmony with the law of nature). Likewise, Roman law
similarly allowed the existence of natural law and law of nations. According to the Romans, natural law, not
the state, assures Roman citizenship.

Middle Age: During this period, natural law doctrines were related to various political theories of natural
rights. Natural law mainly teaches the ‘duties of man’ as distnict from the rights of “man”. The focus on duties
than rights resulted in the legality (legitimizing) of slavery and serfdom, which excludes the important part of
human rights (the idea of liberty and equality).

Modern Times: there were factors responsible for the gradual shift from natural law as duties to natural law
as rights. These factors were:
 Failure of rulers to meet their natural law obligations. They teach the people not to steal, but they
themselves steal public properties.

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 The unprecedented commitment to individual expressions. The individual was taken as precious
value and with all its duties and rights begun to be respected.
 World experience (Renaissance): the rebirth of ancient ideas, thoughts, literary experiences brought
about to question the exercise of natural law duties.

Some other evidence of change in the transition towards maintaining natural law rights were:
 The teaching of St. Thomas Aquinas (1224-1274)
 The teaching of Hugo Groitus (1583-1645)
 The Magna Carta (The Great Charter) (1215): it represented an agreement between the King (King
John of England) and the baronage. It mainly protected the rights and previlages of the fudal lords.
In the meantime, Magna Carta guaranteed some rights and liberties to the English people, i.e.
opposed taxation without representation, forbade unlawful arrest, called for trial by jury etc.
 The Petition of Rights (1628): the English parliament adopted and some of the contents of the
document were: the king may not levy taxes, the king may not imprison any person without charges
of law etc.
 The English Bill of Rights (1689): this is the result of the 1688th Glorious Revolution. This prohibited
the king from suspending laws, levy taxes etc. The English people were granted the right to petiotion
to the king to have fee election etc. The parliament was granted freedom og speech, assembly etc.
 The Virginia Bill of Rights (1776): it refers to sections of 1787 American constitution contains the plain
truth “…men are created equal that are endowed by their creator with certain inalienable rights that
among these are life, liberty and pursuit of happiness.” Furthermore the bill contains to protect the
people from possible tyranny of government, guarantee the people freedom of speech, press,
peaceful assembly, to petition government and impartial jury trial, prohibit excessive fines, cruel
punishment, the forcing of persons to witness against him/herself etc.
 The 1789 French Declaration of the Rights of Man and the Citizen. This embodies the living principle
“Men are born free and equal in rights…” Article 1. It procams “ The end of all political association is
the preservation of the natural and non regulated rights of man.” It identifies these rights as “liberty,
property, security and resistence of operation, Article 2.
 The 1917 Bolshevik Revolution in Tsarist Russia has impact in maintaining socio-economic rights of
the people, i.e. health, education service, work etc.
 The writings of 17th century English philosopher John Locke and the works of 18th century
philosophers Montesquieu, Voltaire and J.J. Rousseau.

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 The establishment of the UN sytem in 1945: in the treaty all member states pledge (promise)
themselves to take joint and separate action from the chievement of “universal respect for and
observance of human rights and fundamental freedoms for all without distinction as to race, sex or
religion. On 10th December 1948 the UN adopted the Universal Declaration of Human Rights
(UDHR). The declaration contains a preamble and 30 articles. The designing of this article in such
sense was an outcome of long and gradual process of the human right movement.

The idea of human rights played a key role in the 18th century struggle against political absolutism. The
abolition of slavery, popular education, trade unionism, the adult suffrage movement and other changes and
impulses serve as ample proof for the triumph of the idea of human rights.

5.2.3 BASIC PRINCIPLES/FEATURES/CHARACTERISTICS OF HUMAN RIGHTS

Human rights possess the following salient features/principles that distinguish them from other variants of
right like democratic rights:
Universalism: Human rights are universal both in conception and practice in the sense that they are not
bound by space and time differences. All people across all places and times enjoy them without any form of
discrimination on the basis of gender, political affiliation, race, religion and so on.
Naturalism: Human rights are inborn/innate rights endowed to all humanity by nature. Hence, they are
not given to individuals by the will of government or any other body and similarly they are not subjected to the
permission of anybody to be enjoyed or denied.
Eternality: The only time individuals stop enjoying their human rights is at the time of natural death
otherwise these rights are in principle eternal.
Inalienability: Human rights are inalienable from their natural beholders (human beings). and cannot be
separated from human beings.
Inviolability: human rights by their very nature are expected not to be violated or even restricted by any one.
Human rights are secured from infringement, violence or attack. In some countries where democracy is
well consolidated this inviolability logic extends to even at times of crisis/emergency.
Indivisibility/Interdependent/Interconnected: human rights are indivisible and all rights are dependent on
other rights. There are no hierarchies of human rights. And human rights cannot be applied selectively (this
does not mean that all states have accepted and implemented all rights contained in the Universal
Declaration and the international human rights conventions).

Moreover, human rights are inborn/inherited, indisputable, irreducible and unassailable right.
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5.2.4 FAMILIES/GENERATION OF HUMAN RIGHTS

In the development of human rights the contribution of different social revolutions that occur in the world, the
teachings of various philosophers and the recent ideological competition is eminence. Accordingly, human
rights developed from time to time in terms of scope and content. K. Vasak a French jurist and former
Director of the Division of human Rights and peace of UNESCO Originally classified human rights in to three
categories.
1. First generation of rights (Civil and political rights) - Liberty, (Read Article 2-21, UDHR): which derived
from the seventeenth and eighteenth century reformist theory and closely associated with the English,
French and American Revolutions. This category include those rights which are called civil and political
rights also referred as “ Negative Rights”- which require governments to abstain from arbitrary
intervention in the enjoyment of these rights. Content wise civil and Political rights include:
1 The freedom and inviolability of a person
2 Freedom from racial and equivalent forms of discrimination
3 Freedom of Expression
4 Protection from unlawful acts by the state such as imprisonment, forced labor, freedom from torture
and from inhuman or cruel or degrading treatment or punishment.
5 The right to life, fair trial etc….
6 The right to vote and to stand for office at the various levels of government
7 Freedom of assembly and Association
8 Freedom of Information
2. Second generation of rights (Social and Economic and cultural rights) – Equality, (Read Article 22-27
UDHR): The origin of these rights is the socialist movement of the nineteenth century Europe (especially
France). Later developed and reemphasized by various welfare movements and Revolutionary struggles
especially, the 1917 Bolshevik revolution. The second generation of rights corresponds to rights which
are called Economic, social and cultural rights, also termed as “positive rights”- require positive state
intervention in fulfilling the quest for these rights.
This category of rights specifically includes.
Social and economic rights:
1 The right to work and protection against unemployment
2 Equality of opportunity (in education, labor market etc…)
3 The right to adequate standard of education, health services
4 The right to adequate standard of living (includes basic needs- food, shelter and clothing)

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Cultural Rights:
1 The right to express, develop and promote one’s own culture
2 The right to speak, to write and develop one’s language
3 The right to preserve one’s history and cultural heritage.
3. Third generation of rights (Environmental and developmental rights) – Fraternity/Solidarity. (Read
Article 28, UDHR): the third category emerged in the last half of twentieth century due to the emergence
of independent developing countries from colonial rule and the subsequent quest of these states for New
International Economic Order which require global redistribution of power wealth and other values. These
states, moreover, want to make sure that to use one’s own natural resource for the benefit of its people is
a recognized right. This third generation of rights particularly referred to as Environmental and
Developmental rights. This category of rights includes the rights like:
- The right to self determination of people (Economic, social, political and cultural)
- The right to economic and social Development
- The right to participate in the common heritage of mankind
- The right to clean environment
- The right to peace
- The right to humanitarian disaster relief.
Even though these rights are categorized in to their generation of rights, they basically deal with the right
and freedom of individuals and they are interdependent. For example, the right to life which is considered as
one of the civil right is closely associated with the right to food, clothing and shelter of social rights. The other
thing that should be bear in mind is that not all rights in the first and second generation of rights are
completely fit the “Positive” or” Negative” rights category. There are some civil and political rights that require
government intervention to be actively exercised while, some economic and social rights require the mere
abstention of government in their enjoyment. But generally we can conclude that government has some
obligation in the exercise of human rights:

- The obligation to respect: abstention of government from interfering or constraining the


exercise of such rights and freedoms
- The obligation to protect: the government must take responsibility to prevent and control
the violation of individual freedom and right by other third party.
- The obligation to full fill: this requires states to take further positive measures to ensure the
effective realization of such rights.
Questions about which rights are human rights arise in regard to many families of human rights. Discussed
below are:

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(1) Civil and Political Rights


These rights are familiar from historic bills of rights such as the French Declaration of the Rights of Man and
of the Citizen (1789) and the United States Bill of Rights (1791, with subsequent amendments).
Contemporary sources include the articles of the UDHR, and such treaties as the ECHR, the ICCPR and the
American Convention on Human Rights. Some representative formulations follow:

Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive,
and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the
form of art, or through any other medium of one's choice. (American Convention on Human Rights, Article
13.1)
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including
the right to form and to join trade unions for the protection of his interests (ECHR, Article 11).

Every citizen shall have the right to participate freely in the government of his country, either directly or
through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have
the right of equal access to the public service of his country. 3. Every individual shall have the right of access
to public property and services in strict equality of all persons before the law (African Charter, Article 13).

These rights fit the general idea of human rights suggested above. First, they are political norms that primarily
impose responsibilities on governments and international organizations. Second, they are minimal norms in
that they protect against the worst things that happen in political society rather than setting out standards of
excellence in government. Third, they are international norms establishing standards for all countries -- and
that have been accepted by more than 140 of the world's countries. Finally, it is plausible to make claims of
high priority on their behalf, and to support these claims of importance with strong reasons. Consider the right
to freedom of movement. One approach to justifying this right and its high priority would argue the importance
of free movement to being able to find the necessities of life, to pursuing plans, projects, and commitments,
and to maintaining ties to family and friends. A related approach argues that it is impossible to make use of
other human rights if one cannot move freely. The right to political participation is undermined if a person is
not permitted to go to political rallies or to the polls (that means in the electoral process).

Civil and political rights are not absolute, and they may sometimes be suspended. Some civil and political
rights can be restricted by public and private property rights, by restraining orders related to domestic
violence, and by legal punishments. Further, after a disaster such as a hurricane or earthquake free
movement is often appropriately suspended to keep out the curious, to permit access of emergency vehicles
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and equipment, and to prevent looting. The ICCPR permits rights to be suspended during times "of public
emergency which threatens the life of the nation" (Article 4). But it excludes some rights from suspension
including the right to life, the prohibition of torture, the prohibition of slavery, the prohibition of ex post facto
criminal laws, and freedom of thought and religion.

(2) Economic and Social Rights


Besides the "civil and political" rights just discussed, the UDHR includes "economic and social" (or welfare)
rights. For example, the UDHR included a putative right to holidays with pay (Article 24), and such a right
pertains to a good life, not to a minimally good life. In addition to this there are equality and nondiscrimination
for women and minorities, access to employment opportunities, fair pay, safe and healthy working conditions,
the right to form trade unions and bargain collectively, social security, an adequate standard of living
(covering adequate food, clothing, and housing), health care, and education. These rights were made part of
international law by treaties such as the European Social Charter, the ICCPR. which amended the American
Convention on Human Rights. Whether economic and social rights are genuine human rights is discussed
below.

The International Convention on Economic, Social and Cultural Rights (ICESCR's) list of rights includes
nondiscrimination and equality for women in the economic and social area (Articles 2 and 3), freedom to work
and opportunities to work (Article 4), fair pay and decent conditions of work (Article 7), the right to form trade
unions and to strike (Article 8), social security (Article 9), special protections for mothers and children (Article
10), the right to adequate food, clothing, and housing (Article 11), the right to basic health services (Article
12), the right to education (Article 13), and the right to participate in cultural life and scientific progress (Article
15).
Article 25, sub-article (1) of the Universal Declaration of Human Rights is read as follows:
“Everyone has the right to a standard of living adequate for the health and well-being of himself
and of his family, including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in circumstances beyond his control.”

These are as important rights as others. To show their importance we better to use two welfare rights as
examples: the right to an adequate standard of living, and the right to free public education. These rights
require governments to try to remedy widespread and serious evils such as hunger and ignorance.

The importance of food and other basic material conditions of life is easy to show. These goods are essential
to people's ability to live, function, and flourish. Without adequate access to these goods, interests in life,

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health, and liberty are endangered and serious illness and death are probable. The connection between
having the goods the right guarantees and having a minimally good life is direct and obvious -- something
that is not always true with other human rights.

In the contemporary world lack of access to educational opportunities typically limits (both absolutely and
comparatively) people's abilities to participate fully and effectively in the political and economic life of their
country (Hodgson 1998). Lack of education increases the likelihood of unemployment and underemployment.

Another way to support the importance of welfare rights is to show their importance to the full implementation
of civil and political rights. If a government succeeds in eliminating hunger and providing education to
everyone this promotes people's abilities to know, use, and enjoy their liberties, due process rights, and rights
of political participation. This is easiest to see in regard to education. Ignorance is a barrier to the realization
of civil and political rights because uneducated people often do not know what rights they have and what they
can do to use and defend them. It is also easy to see in the area of democratic participation. Education and a
minimum income make it easier for people at the bottom economically to follow politics, participate in political
campaigns, and to spend the time and money needed to go to the polls and vote.

In support of this UDHR Article 26, (2) says this:


“Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace”.

(3) Minority and Group Rights


Concern for the rights of minorities is a longstanding concern of the human rights movement. Human rights
documents emphasize that all people, including members of minority ethnic and religious groups, have the
same basic rights and should be able to enjoy them without discrimination. The right to freedom from
discrimination figures prominently in the UDHR and subsequent treaties. The ICCPR, for example, commits
its participating states to respecting and protecting their people's rights "without distinction of any kind, such
as race, color, sex, language, political or other opinion, national or social origin, property, birth, or social
status."

Some standard individual rights are especially important to ethnic and religious minorities, including rights to
freedom of association, freedom of assembly, freedom of religion, and freedom from discrimination. Human
rights documents also include rights that refer to minorities explicitly and give them special protections. For

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example, the ICCPR in Article 27 says that persons belonging to ethnic, religious, or linguistic minorities
"shall not be denied the right, in community with other members of their group, to enjoy their own culture, to
profess and practice their own religion, or to use and develop their own language."

Minority groups are often targets of violence and human rights norms call upon governments to refrain from
such violence and to provide protections against it. This work is partly done by the right to life, which is a
standard individual right. But the right against genocide protects groups from attempts to destroy or decimate
them. The Genocide Convention was one of the first human rights treaties after World War II. It says:
…genocide means any of the following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial, or religious group, as such: (a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting
on the group conditions of life calculated to bring about its physical destruction in whole or in
part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly
transferring children of the group to another group.

The right against genocide seems to be a group right. It is held by groups and provides protection to groups
as groups. It is largely negative in the sense that it requires governments and other agencies to refrain from
destroying groups; but it also requires that legal and other protections be implemented for this purpose.

Can a group right fit the general idea of human rights proposed earlier? It can if we broaden the conception of
who can hold human rights to include ethnic and religious groups. This can be made more palatable,
perhaps, by recognizing that the beneficiaries of the right against genocide are individual humans who enjoy
greater security against attempts to destroy the group to which they belong (Kymlicka 1989).

(4) Environmental Rights


In spite of the danger of rights inflation, there are doubtless norms that should be counted as human rights
but are not generally so treated. After all, there are lots of areas in which fundamental human interests are
threatened by governmental actions and omissions. Consider environmental rights, which are often defined
as rights of animals or of nature itself. Conceived in this way they do not fit our general idea of human rights
because the right holders are not humans or human groups. But more modest formulations are possible;
environmental rights can be understood as rights to an environment that is healthy and safe. Such a right is
human-oriented: it does not cover directly issues such as the claims of animals, biodiversity, or sustainable
development.

The right to a safe environment can be sculpted to fit the general idea of human rights suggested above by
conceiving it as primarily imposing duties on governments and international organizations. It calls on them to

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regulate the activities of both governmental and nongovernmental agents to ensure that environmental safety
is maintained. Citizens are secondary addressees. This right sets out a minimal environmental standard,
safety for humans, rather than calling for higher and broader standards of environmental protection.
(Countries that are able to implement higher standards are of course free to enact those standards in their
law or bill of rights.

“Nobody can give you freedom. Nobody can give you equality or justice or anything. If you're a man, you take it.”
Malcolm X (1925 - 1965), Malcolm X Speaks, 1965

5.2.5 HUMAN RIGHTS INSTRUMENTS

The main human right instruments are discussed as follows:


United Nations: Universal Declaration of Human Rights (UDHR) contains 30 articles, which includes
different types of rights that are civil, political, social and cultural rights. It was formulated by the General
Assembly on 10 December 1948. Ethiopia is one of the signatory of this treaty and the United Nations charter
states all member states are expected to promote and respect human rights. Therefore, UDHR has been
important in that it has influenced the constitutions, laws, and court decisions of many countries and
international organizations since its development.
European Union: The council of Europe adopted the European convention on Human Rights in 1950. The
European convention has created two organs.
1. The European commission on Human Rights
2. European court of Human Rights
America: The North, South and Central American countries also formed the second regional organization for
the protection of human rights in 1948. This organization was the Organization of American States (OAS).
The OAS adopted the American Convention on Human Rights in 1969. This convention provides for two
organs.
1. Inter-American Commission on Human Right
2. Inter-American court of Human Rights
Africa: The organization of African Unity (OAU) was set up in 1963. In 1981 the OAU adopted the African
Charter on Human and Peoples’ Rights.
Arab Countries: The League of Arab States was founded in 1945 and has concern about human right
matters. It established an Arab Commission on Human Rights. Another related organization called the
organization of the Islamic Conference was also established in 1971. The organization of the Islamic
Conference adopted the Cairo Declaration on Human Rights in Islam in 1990.

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The Universal Declaration of Human Rights


After the atrocities committed by the Germans in the Holocaust, the slaughter of Jews that occurred during
World War II (1939-1945), the UN adopted a Universal Declaration of Human Rights. The declaration affected
the terms of several national constitutions that were written after World War II. The declaration was adopted
on December 10, 1948, which is now celebrated annually as Human Rights Day. It is an international
document affirming the dignity and rights of all human beings.

The Universal Declaration of Human Rights was prepared by the Commission on Human Rights of the
Economic and Social Council (ECOSOC) of the United Nations. French jurist and Nobel laureate René
Cassin was the declaration’s principal author. In 1968 René Cassin was awarded the Nobel Prize for Peace.

“Men are equal; it is not birth but virtue that makes the difference.” Voltaire

The rights described in the 30 articles of the Universal Declaration of Human Rights include the right to life,
liberty, and security of person; to freedom of conscience, religion, opinion, expression, association, and
assembly; to freedom from arbitrary arrest; to a fair and impartial trial; to freedom from interference in privacy,
home, or correspondence; to a nationality; to a secure society and an adequate standard of living; to
education; and to rest and leisure. The declaration also affirms the rights of every person to own property; to
be presumed innocent until proven guilty; to travel from a home country at will and return at will; to work
under favorable conditions, receive equal pay for equal work, and join labor unions at will; to marry and raise
a family; and to participate in government and in the social life of the community.

It proclaims that “all human beings are born free and equal” (Article 1) and the second article of the
declaration mention the entitlement of all human races without any discrimination to these basic rights. Article
2 says that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction
of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person belongs, whether it is
independent, trust, non-self-governing or under any other limitation of sovereignty”.
It says that all people have the right to liberty, life, and religious and political freedom, education, and
economic well-being, freedom of peaceful assembly and association, freedom of opinion and expression.

It bans torture, inhuman treatment, arbitrary arrest, detention or exile, arbitrary interference with somebody’s
privacy, arbitrarily deprivation of nationality and property, being compelled to belong to an association,

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servitude etc. It also states that all people have the right to participate in their governments. Some of the
important rights are mentioned in the previous section this chapter.

The UN operates a Commission on Human Rights, which monitors human rights abuses in countries, holds
international meetings on human rights concerns, and handles complaints about human rights violations. In
1993 the General Assembly also created the position of High Commissioner for Human Rights. The
commissioner oversees all the UN’s human rights programs, works to prevent human rights violations, and
investigates human rights abuses. The commissioner also has the power to publicize abuses taking place in
any country, but does not have the authority to stop them. However, most publicity about human rights
abuses does not come from the UN but from rival countries or from nongovernmental organizations, such as
Amnesty International.

5.2.6 THE FDRE CONSTITUTION AND HUMAN AND DEMOCRATIC RIGHTS

In the fourth unit that deals with historical development of constitution in Ethiopia, you have already seen that
the contents of Universal Declaration Human Rights were included for the first time in the Revised
Constitution of Ethiopia (during the reign of Hileselassie I). As it has been cited above, in the third chapter,
the 1955 constitution was different from that of the 1931 because the former included human rights following
the Universal Declaration of Human Rights. One chapter, namely Chapter III which had 29 articles (Article37-
Article65) was reserved to these human rights. The following are some of the human rights provisions of the
constitution of 1955:
Article 41 Freedom of speech and of the press is guaranteed throughout the Empire in
accordance with the law.
Article 45 Ethiopian subjects shall have the right, in accordance with the conditions
prescribed by law, to assemble peaceably and without arms.
Article 46 Freedom to travel within the Empire and to change domicile therein is assured to all
subjects of the Empire, in accordance with the law.
Article 47 Every Ethiopian subject has the right to engaged in any occupation and, to that end
to form or join associations in accordance with the law.
Article 56 No one shall be subjected to cruel and inhuman punishment.
Article 61 All persons and all private domiciles shall be exempt from unlawful searches and
seizures

A phrase “in accordance with the law” was found in many of the articles of this chapter. To some extent the
inclusion of the phrase restricted the proper implementation of the rights. During the time of Hailesellassie I
regime many of the rights issued by the constitution were all at theoretical level not at practical. Violation of
human rights reached its climax and that brought about the overthrow of the regime.

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The 1987 constitution also included the basic human rights. Chapter Seven (Article 35- Article 58) was
concerned with the issuance of human and democratic rights. Article 35, sub article 1 guaranteed all
Ethiopians would enjoy equality before the law, regardless of nationality, sex, religion, occupation, and social
or other status. They had the right to marry (Article 37), to work, to rest, to receive free education, and to
have access to health care and to a fair trial. Ethiopians were guaranteed freedom of conscience and religion.
As was not the case in imperial Ethiopia, religion and the state were proclaimed to be separate institutions.
Citizens were assured the freedoms of movement, speech, press, assembly, peaceful demonstration, and
association. Regarding political participation, citizens had the right to vote and the right to be elected to
political office (Article 50). Sub-article 1&2 of the 2nd article says that all Ethiopian nationalities would be
given equal recognition in the republic.

The existing constitution of Ethiopia made distinction between human and democratic rights. The chapter
three that deals with fundamental rights and freedoms has two parts:

Part One (Article 14 - Article 28) contains Human Rights. The first three articles (Article 14, 15 and 16) are
about the right to life, the security of person and liberty. This is based on the crucial point of the Social
contract theory which was the foundation of modern western states societies- all men are created equal as
well as free. The above mentioned articles of the existing constitution of Ethiopia prohibit arbitrary arrest,
deprivation of life and liberty. They are made in conformity with article 3, 5 and 9 of the Universal Declaration
of Human Rights. Article 18 of the present constitution is about the prohibition against cruel or inhuman
treatment-no serfdom or slavery. As any individual citizens arrested, accused or those persons who are held
in custody are all human beings. Thus, they are expected to enjoy the human rights and be treated as any
other human beings. Article 19, 20, 21, 22 and 23 are reserved to the rights of persons arrested, accused,
held in custody and imprisoned. These are human beings who are either suspected criminals or proved to be
guilty (sentenced) but still human beings. Thus, “All persons held in custody and imprisoned upon conviction
and sentencing have the right to treatment respecting their human dignity” (Article 21). They must obtain fair
and timely justice. This may remind us the famous saying; “Justice delayed is justice denied”. Referring to this
the 1995 constitution of Ethiopian says that “accused persons have the right to a public trial by an ordinary
court of law within a reasonable time after having been charged….” (Article 20). It also indicates that arrested
persons would be required to be told immediately, the reason why they were arrested.” Persons arrested
have the right to be informed promptly, in a language they understand, of the reasons for their arrest and of
any charged against them” (Article 19, Sub- article 1). “Persons arrested have the right to be brought before a
court within 48 hours of their arrest” (Article 19 Sub-article 3). According to article 24 every Ethiopian has the

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right to respect for his/her human dignity, the free development of his/her personality and recognition as a
person. Article 25 guarantees that all Ethiopians with no discrimination on the basis of social status, religion,
political opinion, skin color, sex, language etc. are entitled to equal treatment or protection of the law. The
right to privacy is another important right issued by the constitution. It prohibits arbitrary searches of citizens’
home or his or her personal seizure. This includes the right of citizens to use their own telephone, postal
service, e-mail or any other means of correspondence without the interference of any political organ,
institution or person.

The second part of chapter three (Article 29 –Article 44) contents civil rights or democratic rights. The first
article of this part (Article 29) states the right of thought, opinion and expression. Every Ethiopian citizen has
the right to hold his/her personal view, freedom of expression that includes “freedom to seek, receive and
import information and ideas of all kinds, regardless of frontiers either orally, in writing or in print, in the form
of art, or through any media of his choice”(Article 29, Sub-article 2). Provided that the assembly and the
demonstration are peaceful and not war propagating “everyone has the right to assemble and to demonstrate
together with others peaceably and unarmed, and to petition….”(Article 30 Sub-article10). Freedom of
association and movement are also the other important freedoms included in the constitution. Article 31and
32 respectively point out freedom of association and movement. Everyone has the right to be the member of
any organization or association whose purpose of establishment is not against the well-being of the society.
Regarding freedom of movement, any Ethiopian has the right to establish his residence anywhere in the
territory of the state. And any one is free to leave the state and return to the state at any time he wishes.

According to Article 35 women have equal rights with men in whatever respect: social, political and economic.
Children as the foundation of the coming society have to have some basic rights. The rights of children (
Article 36) includes the right to life; a name and nationality; know and be cared for by his or her parents or
legal guardians; not to be forced to work which may cause hazard or harm to his or her physical or
psychological condition or well-being.

Article 38 assures that all Ethiopian citizens “…without any discrimination based on race, color nation,
nationality, sex, language, religion political and other opinion or other status… have the right to vote and to
be elected.

Article 39 is regarding group rights (Rights of Nations Nationalities, and Peoples). Sub- article 1 of the same
article states that “Every Nation, Nationality, and People in Ethiopia has an unconditional right to self-

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determination, including the right to secession.”(Sub-article 1) .This means any Nation, Nationality, and
People of Ethiopia is free to separate (secede) itself from the union (federation) and establish its own
independent state. The Nations, Nationalities and peoples in Ethiopia have “the right to speak, to write and to
develop [their] own language; to express, to develop and to promote their culture; and to preserve its
history.”(Sub- article 2)

Articles 40, 41, 42, and 43 deal with economic, social, and cultural rights. The right to own private property is
guaranteed by article 40. However this does not include land and other natural resources. “ …ownership of
rural and urban land, as well as of all natural resources, is exclusively vested in the State and in the peoples
of Ethiopia.” It also goes on saying that “Land is a common property of the Nations, Nationalities and Peoples
of Ethiopia…”

Every Ethiopian has the right to engage in whatever economic activity and choose his/her occupation or
profession. In order to protect their rights in group; improve their living and working conditions civil servants,
factory workers, farmers etc have the right to establish professional associations or trade unions.

The last article of this chapter (Article 44) is about environmental rights. It indicates that everyone has the
right to live in clean and healthy living area.

All the above mentioned fundamental rights and freedoms are “interpreted in a manner conforming to the
principles of the Universal Declaration of Human Rights [and other] International Conventions on Human
Rights adopted by Ethiopia.”

5.2.7 HUMAN RIGHT INSTRUMENTS IN ETHIOPIA

Ethiopia has fully accepted the human rights provision of the UDHR of the 1948. The present day constitution
of Ethiopia has incorporated the fundamental and basic freedoms and rights that are defined in the UDHR.
For the implementation of these rights there must be a mechanism of checking, monitoring and protecting the
human rights of citizens against abuses and violations. The prominent human rights instruments include; the
Human Rights Commission and the Ombudsman that operate for the protection of citizens against abuses
and violations of their rights and for redressing wrong doings. Article 55 sub Article 14 and 15 of the FDRE
constitution dictates that the House of Peoples Representatives responsibility to establish the Human Right
Commission and the institution of Ombudsman and determine their power and functions.

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The major objectives of these institutions are:


(a)To serve as public guardian for the growth of democracy and proper application of rights, and
stand for the fulfillment of human and democratic rights in Ethiopia; (b)To protect Ethiopian citizens
democratic and human rights as enshrined in the constitution from any violations by societal forces
including government authorities, administrative personnel and community; and (c) To assist avoid
injustice, misuse of governmental powers, embezzlement and corrupt behaviors of some
governmental officials.

More specifically under Proclamation No. 210/2000 Article 5 Human Right Commission was established with
the objective to educate the public be aware of human rights see to it that human rights are protected,
respected and fully enforced as well as to have the necessary measure taken where they are found to have
been violated. Under the same Proclamation article 6 stipulates the duties and power of Commission as to:
(1) Ensure that the human rights and freedoms provided for under the Constitution of the
Federal Democratic Republic of Ethiopia are respected by all citizens, organs of state, political
organizations and other associations as well as by their respective officials;
(2) Ensure that laws, regulations and directives as well as government decisions and orders do
not contravene the human rights of citizens guaranteed by the Constitution;
(3) Educate the public, using the mass media and other means, with a view to enhancing its
tradition of respect for, and demand for enforcement of, rights upon acquiring sufficient
awareness regarding human rights;
(4) Undertake investigation, upon complaint or its own initiation, in respect of human rights
violations;
(5) Make recommendations for the revision of existing laws, enactment of new laws and
formulation of policies.
(6) Provide consultancy services on matters of human rights;
(7) Forward its opinion on human rights reports to be submitted to international organs;
(8) Translate into local vernaculars, international human rights instruments adopted by Ethiopia
and disperse same;
(9) Participate in international human rights meeting, conferences or symposia;
(10) Own property, enter into contracts, sue and be sued in its own name;
(11) Perform such other activities as may be necessary to attain its objective.

5.2.8 CHECK YOUR PROGRESS


Part I: Select the best answer among the given alternatives.
1. Identify the one that indicates the universality of Human Rights
A. They cannot be separated from human beings;
B. They are available to all individuals and peoples without discrimination on the basis of gender, political
affiliation, race, religion and so on.
C. There are no hierarchies of human rights
D. No one shall be subjected to arbitrary arrest, detention, or exile"
2. Which one of the following does not characterize the Universal Declaration of Human Rights?
A. It is a declaration that includes natural rights which are interdependent

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B. They are enjoyed the whole human race


C. All human rights are interrelated to one another.
D. Human rights are inalienable and natural rights.
E. All of the above
3. One of the following Ethiopian constitutions was the first to include the Universal Declaration of Human
Rights. Which one of that?
A. The 1931 constitution C. The revised constitution
B. The 1955 constitution D. The 1995 constitution
4. The following article is extracted from the 1995 constitution of Ethiopia. What does the article refer to?
Every Ethiopian has the right to choose his or her means of livelihood, occupation and profession.
A. Minority and Group Rights C. Economic and Social Rights
B. Environmental Rights D. Civil and Political Rights

Part II: Define the following words and phrases


Human Rights Duty Democratic rights Declaration Right
Part III: Say True or False
1. All human rights are only for all human beings.
2. Let a person be in what ever political system, he is entitled with all the benefits that he obtained naturally.
3. Democratic rights are established on the natural rights.

Part IV: Questions for reflection


1. What are the possible results of violation of human rights?
2. The important task of government is protecting the natural rights of citizens. Do you agree? Do you think
that this is true in what ever political system?

5.2.9 SELECTED REFRENCES


Binion, Gayle (1995) Human Rights: A Feminist Perspective.
Donnelly, Jack (1989) Universal Human Rights in Theory and Practice. Ithaca: Cornell University Press
Gewirth, Allan (1985) Why There Are Human Rights?
Husak, Douglas (1984) Why There Are No Human Rights?
Husak, Douglas (1985) The Motivation for Human Rights.
O'Manique, John (1990) Universal and Inalienable Human Rights.
Paine, Thomas (1985) The Rights of Man. New York: Penguin Books
The Universal Declaration of Human Rights (1948)

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