Abstract
Article 43(3) of the Constitution of the Federal Democratic Republic of Ethiopia provides that all international agreements concluded by the country shall respect Ethiopia's right to sustainable development. The concept of the 'right to sustainable development' contained in this provision is somewhat unclear. Issues such as the right holders and duty bearers, justiciability and binding nature of this right require clarification in order to effectively enforce it. This article argues that both the state and its people, but not individuals, are the right holders of this right. Under the Constitution the state is the duty bearer of fundamental human rights and freedoms, which include the right to sustainable development. It is the duty of the government to ensure that all international agreements adopted by Ethiopia respect the country's right to sustainable development. Although this right is contained in the Constitution as a goal and group right which does not impose a binding obligation to be enforced by courts, the state should take steps to progressively realise the right by adopting international agreements that incorporate the economic, social and environmental objectives of sustainable development in a balanced manner. In general, the government has a 'soft constitutional obligation' to respect and enforce the right to sustainable development stipulated in article 43(3) in order to protect development-related national interests, ensure legal certainty and consistency, and avoid indirect foreign interference which may occur under the disguise of international agreements and cooperation.
Highlights
The main objective of this article is to examine the concept of ‘the right to sustainable development’ contained in article 43(3) of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) as the term requires some clarification for effective implementation, and the issue of sustainability is becoming increasingly important for Ethiopia and today’s world at large.The FDRE Constitution has addressed the issue of sustainable development in many respects and requires the government to formulate policies that enable the country to take into account economic, social and environmental concerns when embarking upon any developmental projects
Under the Constitution the state is the duty bearer of fundamental human rights and freedoms, which include the right to sustainable development
By drawing lessons from the African Charter and ICESCR and its General Comment, I argue that legislative or policy measures are the initial steps to start the realisation process of the right to sustainable development contained in article 43(3) of the Constitution
Summary
The main objective of this article is to examine the concept of ‘the right to sustainable development’ contained in article 43(3) of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) as the term requires some clarification for effective implementation, and the issue of sustainability is becoming increasingly important for Ethiopia and today’s world at large. Have the right to improved living standards and to sustainable development’ It further stipulates in article 43(3), which is the focus of this work, that all international agreements concluded by the country shall respect and ensure Ethiopia’s right to sustainable development. This article examines whether the right to sustainable development is a binding and justiciable right, and an individual or group right. It is worth examining whether the concept of sustainable development contained in the Ethiopian Constitution is similar to the international: Does it reflect the economic, social and environmental pillars in a balanced way?.
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