Zecharias Fassil
4.
Nationality law in the period 1974-1991 (People's Democratic
Republic of Ethiopia, PDRE)
The second phase in the development and emergence of nationality law in Ethiopia includes
attempts made by the legal regime during the Dergue military government that overthrew the
monarchy. The political ideology practised during the Dergue regime (1974-1991) was
socialism.23
In stark contrast with the Emperor’s assimilationist policy, the Dergue rolled out the
principle of self-determination of nationality whereby the development of a nation’s language
and culture were the prime focus.24 The concept of self-determination in Ethiopia began during
this regime but it did not have the same content and scope as it is practised nowadays.
Article 2 of the Constitution of the People’s Democratic Republic of Ethiopia (PDRE)
adopted in 1987 provided that, while the PDRE was a unitary state, it should ensure the
“equality of nationalities, combat chauvinism and narrow nationalism and strengthen the unity
of the working people of all nationalities”, as well as “the realisation of regional autonomy”
and “the equality, development and respectability of the languages of the nationalities.” Article
59 stipulated that “The Ethiopian people’s Democratic Republic is a Unitary State comprising
administrative and autonomous regions.”25
Among other policy guidelines, the PDRE constitution in its part two on citizenship,
freedoms, rights and duties provided rules that define citizenship and citizenship rights. Article
31 (1) stated that “Any person with both or one parent of Ethiopian citizenship is an Ethiopian.”
It also indicated that a foreign national and a person with statelessness can acquire Ethiopian
nationality as stated under Article 31(3). However, it provided that the particulars to this effect
shall be determined by law. Moreover, Article 32 (1) posited that the state shall “protect the
rights and benefits of Ethiopian nationals residing abroad.”
In line with the ideological position of the PDRE government, the constitution also
established specific provisions for granting asylum to members of liberation movements.
Article 33 states “The people’s Democratic Republic of Ethiopia shall grant asylum to
foreigners persecuted for their struggle in national liberation and anti-racist movements and for
the cause of peace and democracy.”
The PDRE constitution also accorded protection to foreigners in Ethiopia. Article 34 (1
& 2) read together read: “Citizens of other countries and stateless persons within the territory
of the People’s Democratic Republic of Ethiopia shall have freedom, rights and duties
determined by law. The state may not extradite a citizen of another country or a stateless person
except as stipulated by international agreement.”
Even though Article 31 (2 & 3) stated that the details of nationality law would be
determined by subsequent legislation, the Dergue regime was not in a position to manage to
issue a law to that effect. Therefore, for the 17 years of its rule the gap was filled by the
Emperor’s nationality law. The 1930 law was in full application. The researcher posits that,
unlike in the time of the Emperor when many foreigners were naturalised in Ethiopia, owing
In an attempt to have a strong alliance with the USSR, the motto of the government was ህብረተሰባዊነት, which
literally equates with socialism.
24
The legal system of the Emperor was mostly seen as a feudalist tool. Therefore, the Dergue regime purported
to react against the diversities reflected in the nation.
25
Proclamation No 1 of the 1987 constitution of the People’s Democratic Republic of Ethiopia, Negarit Gazetta
Vol 47. No. 1. 12 September 1987, Addis Ababa.
23
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RSCAS/GLOBALCIT-CR 2020/9- © 2020 Author(s)