Joint Meetings of The House of Peoples' Representatives and The House of The Federation
The peoples of Ethiopia have passed through three different parliaments in their constitutional history. These are: the parliament of Emperor Haile Selassie,the National Shengo of the Derg Regime and the Federal Parliament of Ethiopia. These parliaments have assumed different powers and duties pertinent to the particular policy of the government in power.
The Parliament
of Emperor Haile Selassie
The National
Shengo of the Derg Regime
The Federal Parliament
of Ethiopia
The Parliament of Emperor Haile Selassie
The first Parliament in Ethiopia was put into effect in 1931 in the reign of Emperor Haile Selassie I, who introduced a written constitution for the first time in the long history of the country. Before the beginning of parliament the former monarchs used to get advice from the old and experienced people traditionally known as Shimagle. The 1931 Constitution gave green light to the establishment of a bicameral system of parliament, namely Yeheg Mewesegna (the senate) and Yeheg Memriya (Chamber of Deputies) by having 56 members for each House.
At first there was no electioneering campaign for the tyro MPs, rather the members of the Senate were elected directly by the monarch from the noble men and prominent persons. Similarly, the Chamber of Deputies was constituted through indirect election with the electors mostly drawn from the landed gentry. The property qualification, which was the bottom line for the candidate MPs excluded even rich merchants, let alone commoners.
The Parliament was in power until it was terminated in 1936 due to the Italian invasion. The same parliament resumed in 1942 after the end of the Italian invasion and regaining of liberation. The power of the parliament was minimal thereof the state power was under the tight control of the monarch which made evident the presence of absolute monarchy rather than constitutional monarchy. Moreover the constitution did not allow multi-party system and also perpetuated the hereditary principle in that the state power was to be transferred from father to son in the framework of the Solomonic Dynasty. The constitution also legalized the emperor's absolute powers in the appointment and dismissal of government officials, the rendering of justice, the declaration and termination of wars etc.
In 1955, on the occasion of the silver jubilee of his coronation, Haile
Selassie promulgated a new constitution, revising the previous constitution
which had stayed in effect without amendment for twenty - four years. The
introduction of universal adult suffrage and provisions for an elected
chamber of Deputies were the ones that had been introduced by the Revised
Constitution. The new constitution extended the powers of the emperor to
the church as well by giving him the right to approve the election and
appointment of bishops. The abortive coup attempt of the 1960 was intended
to introduce a form of constitutional monarchy.
The National Shengo of the Dergue Regime
In September 1974 Emperor Haile Selassie was deposed, and parallel with it the Revised Constitution was suspended. Promptly a military junta of junior officers known as the Dergue (the Amharic word for council) appeared in the saddle of the state power. The first parliament that stayed for more than three decades was dissolved in 1974. The Dergue under Colonel Mengistu Haile Mariam ruled the country in the name of the Provisional Government and Workers Party up to the time when a constitution was introduced in 1987. There was no parliament in the years between 1974 and 1987 whatsoever. By the constitution of 1987 a new parliament was introduced and named as the National Shengo (the Amharic word for Assembly). According to the Constitution the Shengo was the supreme organ of the state power in the country and that was a mirror image of the then East European countries which had been guided by the ideology of Marxism-Leninism.
Candidates to the National Shengo were nominated by organs of the Workers'
Party of Ethiopia, mass organizations, military units and other bodies.
The Shengo was put into effect in August 1987 and was to hold one regular
session a year. Concurrently the State Council which was chaired by the
President functioned on behalf of the Shengo. According to the constitution
the terms of the Shengo would be five years. The members in the Shengo
were 835 in number and were elected from their electoral districts in the
country for the totalitarian regime. Be that as it may the above types
of constitutions and their respective parliaments help perpetuating
absolute and dictatorial ways of ruling the country.
The Federal Parliament of Ethiopia
In 1991 the Drgue regime with its crimes were overthrown by the bitter struggle of the Ethiopian Peoples' under the leadership of the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF). At this juncture a National Conference comprised of the various coalition parties was convened in Addis Ababa in July of 1991 which set up the Transitional Government of Ethiopia (TGE).
The TGE that prepared the ground for the establishment of a new government was guided by a charter. During this period a constitutional drafting body was established. After the pros and cons of the draft constitution were discussed by the peoples of Ethiopia, a new constitution was adopted on December 8/1994. This Constitution explicitly recognized that Ethiopia is to have a Federal system and parliamentarian form of government. In this course of action there are at present nine member states that formed the Federal Democratic Republic of Ethiopia whereby member states of the Federation have equal rights and powers. By and large the Federal Democratic Republic of Ethiopia comprises the Federal Government and the State members with their own legislative, executive and judicial powers. Based on the constitution a general election was held and EPRDF won the election and formed a government at federal level.
At state level, from the nine member states of the Federation, the majority party, EPRDF won a majority only in four states, i.e., the State of Tigray, Amhara, Oromiya, and Southern Nations, Nationalities and Peoples. In the rest five States i.e. the State of Afar, Somalia, Benishangul Gumuz, Gambella peoples and the Harari People the minority parties won the election and formed government.
The present federal parliament is bicameral i.e. the House of Peoples' Representatives (HPR) and the House of the Federation (HF). Members of the HPR are directly elected by the people for a term of five years on the basis of universal suffrage by secret ballot. HPR is the highest authority of the Federal Government. Currently there are 548 members who have been elected from different parties and independent members by way of a peaceful proselytization process. Out of the 548 seats EPRDF has the majority seats of 496 and the rest are under minority parties and independent members. Each member of the HPR represent 100,000 constituency. By the same token, they are representatives of the Ethiopian People at large and have the power of legislation in all matters assigned by the constitution to Federal jurisdiction. There are nine standing committees in the HPR of which two of them are being chaired by the members of minority parties. This shows that the minority parties have shared power in the parliament with the majority party, EPRDF. It is not only in the parliament that the minority parties shared power with the majority, but also in the government i.e. they are members of the cabinet. In order to share parliamentary experience with other countries eight parliamentary friendship groups have been formed and have started functioning so as to cultivate friendly relationship with other countries.
The House of the Federation is composed of representatives of Nations, Nationalities and Peoples of Ethiopia. Each Nation, Nationality and People is to be represented by at least one member and by one additional representative for each one million of its population. Members are to be elected by the State Council or by the people of the State directly. At present there are 108 members in the House. The House has the power to interpret the constitution, decide on the issues relating to the rights of Nations, Nationalities and Peoples to self determination including the right to secession, strive to find solutions to disputes or misunderstandings that may arise between states, determine the division of revenue to the States and the like. The House of the Federation holds at least two sessions annually and its term of mandate is five years.
Both Houses hold a joint session concerning election of the president of the Republic, at the commencement of the annual session of the parliament, human rights problem, amending the constitution etc.
In general terms, unlike the former parliament and Shengo,
the present parliament of Ethiopia is comprised of different political
parties. In the parliament the minority parties have enjoyed freedom of
expressing their political views without the domination of the majority
party. Thus all parties are working in harmony for the betterment of the
country.
Introduction
Joint Meetings of The House of Peoples' Representatives
and
The House of The Federation
The statute governing the joint sessions of the House of Peoples' Representatives and House of the Federation has been put into effect subsequent to its endorsement during the first joint session of both Houses held in August 1995.
The statute identifies a number of issues which are the subject of the joint session of both Houses. It states that the joint sitting entertains such issues as the election of the President of FDRE, the hearing of the President's speech at the beginning of the year when Parliament starts its work, issues concerning human rights abuses in the States which are left unattended and ultimately presented by the House of Peoples' Representatives. It also includes the levying of taxes, which is not exclusively given either to the Federal Government or the Region, the amendment of the Constitution and other issues that both Houses intend to see jointly.
It is the Speakers of both Houses who call on a joint session which they both chair. The agenda for the joint session is outlined by the Speaker of the House of Peoples' Representatives in consultation with the Speaker of the House of the Federation, which will later be endorsed by the deputies.
According to the statute, the Speakers of both Houses may, when necessary,
having reviewed the issues to be presented to the joint session, establish
joint committees that would present
recommendations for a resolution. It states that both Speakers would
assign the chairpersons and members of the committees.
The statute notes that 2/3rd of the House of the Federation and over
half to the members of the
House of Peoples' Representatives would make up the quorum of the joint
session.
The statute further outlines the details of procedures to be followed during joint sessions.
The following cases shall be seen by joint meeting of the House of Peoples' Representatives and House of Federation.
1. Election of President of Republic ( Article 70 (2) of Constitution)
2. Hearing key- note address of the president of the Republic
at the opening of parliament's working season ( Article 71 of Constitution)
3. Cases of human rights violations committed in any region as reported
by the House of Peoples' Representatives which the concerned region could
not settle ( Article 55 (16) of Constitution)
4. Cases involving powers to levy taxes which were not especially assigned
to the federal or regional states. ( Article 99 of Constitution )
5. Constitutional amendments ( Article 105 (2) of Constitution )
6. Such other issues which the two Houses agree to see jointly
2. Calling Joint Meetings
1. The joint meeting shall be called by the Speaker of the House of
Peoples' Representatives and by Speaker of House of Federation
2. The joint meeting shall be co- chaired by the Speaker of the House
of Peoples' Representatives and by the Speaker of House of Federation.
4. Establishing Joint Committee
1. Where necessary, the speakers of both houses may, after collecting
cases to be considered by joint meeting, form joint committees for submitting
draft recommendations.
2. Members and chairpersons of the joint committees shall be assigned
by the speakers of both houses.
3. The conduct and procedure of joint meetings shall be in conformity
with the meeting procedures approved by the two houses. Where the meeting
procedures conflict or are at variance with each other, the procedure discussed
and approved by joint meeting shall become applicable.
5. Quorum Requirements
1. Unless the matter is decided otherwise concerning cases to be considered
by joint houses, the presence of two - thirds of members of the House of
Federation and over half of members of the House of Peoples' Representatives
shall constitute quorum.
2. Where a meeting could not take place due to repeated lack of quorum,
those present at the meeting may oblige the absentee members to attend
the meetings. Particulars shall be determined by order of the Houses.
6. Starting Discussions
1. Subsequent to consideration of a case to be passed without debate,
the joint house shall begin discussions by hearing a report to be presented
by the committee or commission that had studied the case.
2. Subsequent to the hearing of the report, the case will be put to
discussion provided the motion for opening the floor for discussion is
endorsed.
7. Order of Speakers
1. A member wishing to speak may raise his hand thus notifying the House
Speaker
2. The House Speaker shall determine the order of speakers according
to the sequence of hand raising. He shall then fix and announce the time
for each speaker.
3. Where a case has been passed without any objection at the level
of a committee with the committee proposing that it be passed without any
debate or with a minimum of discussions, the order may be decided according
to the number of speakers; in such a situation, equal opportunity may be
given for those speaking for or against a motion.
4. Where a member requests to speak on a point of order concerning
breach of procedure or to supply information, the Speaker shall give him
the chance. In this case, a procedural matter shall be given priority .
8. Inviting Witnesses
Where it finds it necessary , the House may set the date, hour, place at which concerned government officials , professionals or other individuals may be invited to come and provide needed clarifications or explanations or testimonies.
9. Proposing Amendments
1. During discussions held on a report presented by any committee, any
member may propose amendments to the recommendations made by the committee;
however, amendment proposals may not be made by the committee of all members
unless the House so decides by a two- thirds majority vote.
2. Discussion on amendment proposal is made subsequent to putting it
in writing and transmitting it to the secretary who may then duplicate
it as fast as possible and put it on the table of each member.
3. Any member may propose an amendment to the amendment proposal submitted;
however discussion on the amendment of amendment may be initiated only
where the member who first made the amendment proposal accepts the amendment
of amendments and where the procedure indicated in sub- article 2 of this
article is applied
4. Any amendment proposal or an amendment of amendment is made only
where the proposals are relevant to the case under discussion.
10. Withdrawing a Motion
A member who has made a motion may withdraw his motion before the issue is put to vote; where the motion is withdrawn, the discussion initiated on it is terminated.
11. Terminating Discussions
1. Where all members registered to speak on an issue have completed
their speeches and subsequent to the expiry of the set time for debate,
the debate is terminated and the Speaker or any member may propose that
voting takes place.
2. Where there is an objection to ending the debate, the House may
decide this by a majority vote without any discussions.
12. Order of Issues to be Put to Vote
1. A case that was debated may be put to vote according to the following sequence.
13. Voting Procedure
1. The House shall pass a decision on any issue by consensus. Where
it has become impossible to decide a case by consensus, decision is made
by majority vote.
2. The House may decide, as necessary, whether voting shall be by raising
of hand or by secret ballot or by calling the name of each member.
3. Where voting draws in a tie , the motion supported by the Speaker
is adopted.
4. Where necessary, members may be allowed to clarify their position
for voting in favor, or against or in abstention.
5. The House may, by majority vote, hold another debate on a case which
was already put to vote; however, the previously adopted resolution may
be altered only by a two- thirds majority vote of members.
14. Report of House Resolution
1. Where the House approves various bills and resolutions, the dates
and numbers of the bills or resolutions shall be duly registered and documented.
2. The amendments or amendment proposals to amendments to the various
house bills and resolutions passed by the House shall be duly registered
and documented in the order of their respective serial numbers.
3. The House shall document all the decision making procedures it followed
while approving any bill or resolution; where a decision is adopted by
majority vote, the number of votes cast in favor, against or abstentions
shall be duly registered and documented.
4. Subsequent to putting in order all the bills adopted by the House
in accordance with existing regulations, the adopted bills shall be signed
by the Speaker and transmitted to the President of the Republic. Policy
statements and orders passed by the House shall be transmitted to all concerned
bodies by signature of the Speaker.
1. Any member wishing to speak may raise his hand and obtain permission
of the Speaker before speaking. Any member shall have the obligation to
accept and honor the decision of the Speaker concerning respect for the
dignity and order of meetings. Concerning meeting procedure, a member may
make an appeal on a decision passed by the Speaker. The House may pass
a decision for holding discussion on the matter.
2. Where a member obtains permission to speak, be shall present his
views as precisely as possible with an address. " Honorable Speaker"
3. A speech delivered by any member shall he relevant to the case under
discussion in the meeting.
4. Any member may ensure that his speech is issue- oriented and not
personality- oriented. A member's speech shall be of the kind that conforms
to a spirit of mutual respect and good conduct that should prevail among
House members.
5. Any member shall not, during meetings, get up from his seat and
stand, or move from place to place, or talk with others, or express his
support or objections to others' views with unbecoming gestures or disturb
and obstruct the meeting by any other means.
6. Unless otherwise permitted by special considerations, a member may
not be allowed to speak more than once on an issue before all other members
get the chance to speak.
16. Measures Taken to Uphold Discipline.
1. Where a member, subsequent to receiving a warning to respect meeting
procedure, fails to heed the warning and persists in his offences, the
House shall issue him official reprimand.
2. Where a member commits repeated offence, the House may deliver a
decision according to the seriousness of his offences.
17. Conduct of Members
Any member of the House shall:
1. refrain from engaging in any activity that may undermine the dignity
and honor of the House, whether in private life or in public.
2. observe the procedures of meetings of the House.
3. refrain from engaging in provocative acts that may lead to controversies
and violence with other members whether during meetings or outside meetings.
4. keep secret all confidential matters of the House.
5. Refrain from distorting or misrepresenting the views and positions
of other members of the House.
18. Conflict of Interests
1. Where any member, acting as chairman or committee member, comes across a situation where he may consider a case involving his own self or his immediate relative, he may announce this to the joint houses, the speaker and the committee.
19. Penalties
1. The following penalties may be imposed on any member found guilty of misconduct by the House of which he is member:-
b) Written warning
c) official warning
d) Where a member is found guilty of serious or repeated offences, his membership is suspended, or he may be expelled and this shall be publicly announced.
This Regulation may be amended or altered by a two- thirds majority vote of members of the joint House.
21. Effective Date