Congress of People's Representatives (Habasha)
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Congress of People's Representatives የህዝብ ተወካዮች ምክር ቤት yeHizb Tewekayoch Mekir Bet | |
|---|---|
 | |
| Type | |
| Type | |
| Leadership | |
Deputy Chairs | |
Majority leader | |
| Structure | |
| Seats | 360 seats |
 | |
Political groups | Government (266)
Opposition Parties (89)
|
| Elections | |
| Party-list proportional representation, D'Hont method | |
Last election | 10 April 2016 |
| Meeting place | |
 Palace of the Republic, Gondar | |
The Congress of People's Representatives (Mehare: የህዝብ ተወካዮች ምክር ቤት, yeHizb Tewekayoch Mekir Bet, pronounced /jɛhɨzb.tɛwɔkäjotʃ.məkɨɾ.bet/), often known in English as Mekir Bet is the unicameral legislature of Habasha. The Congress is formed by 360 congressmen elected every six years from fifty-five multi-member constituencies using the D'Hont method, a highest averages version of proportional representation. Elections to the Congress are held every six years, the last election took place on 10 April 2016. The first seating of the new congress was held on 25 April 2016.
Habasha is a parliamentary democracy and as such, the legislative power is vested in both the Mekir Bet and the Executive Council, and both members of the executive branch and the congressmen can initiate legislation, however only the Mekir Bet can pass legislation. The congressmen can amend any legislation proposed by the executive branch and the Congress needs to pass any primary legislation, such as ordinary laws, the budget or treaties in order for them to become effective. The Congress can also delegate on the executive or on autonomous public agencies the power to pass delegated acts. The Congress is a constitutionally autonomous power, which determines its own internal operating rules and elects its presiding officer, the Chairman of Congress, currently Minase Woldegiorgis.
The Congress of People's Representatives was created in 1972 with the approval of the Third Constitution. However, the Congress can trace back its origins to the first modern parliamentary assembly in Habashi history, the Imperial Parliament (የንጉሳዊ ፓርላማ, yeNigusawī Parilama) created in 1933, which consisted of 150 members, half indirectly-elected and half of which were appointed by the Negusa Nagast (Emperor). Elections were held every six years. This parliament lasted until 1952 when a military coup d'etat put an end of the monarchy. From 1952 until 1957 there would be no operating legislative body in Habasha. A new Parliamentary Assembly, the Mesebisebi (መሰብሰብ) was created in the 1958 Constitution, the body, however, acted as a rubber stamp which effectively endorsed all the policies approved by the government of Menelik Dengel.
History
The first historical mention of a proto-parliamentary assembly in modern-day Habasha dates back to the xx in 1234. This assembly, called by the Abuna xx brought together the most important noblemen and clergymen in the xx Kingdom to elect a new King following the death of xx without an heir. Likewise, the assembly would lay down the pledges that a xx monarch had to take in order to reign. Despite this, the assembly would not be convened again. There is no mention of any assembly in the Fetha Nagast, the most important legal document in pre-modern Habasha. Instead, the powers of the Neguse Negest was supposed to be checked by that of the powerful Negus ('kings') and Le'uls ('princes') that ruled over the various provinces of the imperial domain.
The Congress traces its origins to the first written constitution of Habasha, edicted in 1924 by Emperor Tewodros IX. The 1924 Constitution gave extensive powers to the Neguse Negest but also established a bicameral parliament, the Sibiseba ('Assembly') formed by an upper chamber of royally-appointed noblemen and a directly-elected lower chamber elected through male censitary suffrage. As a result, only as much as 6% of the population at the time could vote for the lower chamber. The Assembly however had limited, consultative powers, as it could not introduce, but only amend legislation and ministers were responsible to the Emperor, not the parliament.
After the passage of the 1949 Constitution, the Sibiseba was now known as the Imperial Parliament (xx, xx) gained considerable legislative powers. Although governments still depended on the confidence of the Monarch, as opposed to the chamber, it gained the power to introduce legislation and its consent was required to pass the annual budgets. Elections were held under universal suffrage although widespread illiteracy greatly diminished turnout, limiting the legitimacy of the Imperial Parliament. Elections for the Imperial Parliament were held in 1949 and 1952. The Parliament was dissolved after the 1952 Revolution and replaced by a constituent assembly tasked with drafting a republican constitution.
The dissolution of the Transitional Government and the ensuing civil war (1954-1957) put an end any legislative assemblies. A Legislative Assembly (xx, xx) was only created again in 1959, following the end of the war and the beginning of the rule of Menelik Dengel. The Legislative Assembly, elected indirectly and in which a third of the members were nominated by the executive, was a rubber stamp for Dengel's regime. After the end of the Dengel regime in 1968 and Menelik Dengel's exile to xx, the new government organised the 1970 election, which drafted the current 1972 Constitution which established a unicameral directly-elected assembly, the current Mekir Bet. The first speaker was xx (xx party), who served between 1970 and 1975. The current electoral law was passed in 1994.
Electoral system
The Habashi Constitution of 1972 established that the congressmen are chosen by universal, free, equal, direct and secret suffrage. The Election is held every six years or before in case of a snap election. The members of the Congress are elected by proportional representation with open lists in each constituency.
The elections are held separately in every constituency using the D'Hont method. This distributes seats to parties in proportion to the number of votes each received in the constituency. A strictly proportional system would result in fractional seats. The D'Hondt method resolves this, in a manner that slightly favours larger parties. Moreover, there is an electoral threshold of 3%; that is to say, a political party needs at least 3% of the valid votes cast in its constituency to be able to obtain a seat. Nevertheless, due to the small size of the average constituencies, the practical electoral threshold to obtain a seat is anywhere between 25 to 12 per cent.
Elections to the Congress of People's Representatives are held under a variant of open list proportional representation, known as a more open list system. In this system, voters can only opt to vote for one candidate within a specific party's constituency list. An individual candidate must obtain at least 7% of the party's vote as a personal vote to overrule the ordering on the party list.
The Habashi electoral law was reformed in 2015 to mandate parties to form their party lists according to the vertical parity system, which requires candidates on the list to alternate between men and women in order to secure equal representation in Congress. First used in the 2016 election, it returned the highest share of female congressmen in the history of Habasha, at 45.4% or 163 members. Likewise, the Habashi electoral law mandates a system of ethnic quotas, whereby the ethnic makeup of a party list needs to reflect that of the constituency. Special provisions are made for 'minor' ethnic groups like the Dhawamal or the Gamo, who are entitled to at least one candidate within the first three list positions in those constituencies where they form more than 15% of the population.
Electoral supervision is carried out by the Electoral Court (የምርጫ ፍርድ ቤት, yeMirich'a Firid Bet), an autonomous public body in charge of overseeing the conduct and organisation of the elections. The members of the Electoral Court are elected by a three-fifths majority vote from a panel of recommended candidates put forward by a special commission formed by congressmen and electoral law experts. The Electoral Court lacks the power to legislate, and as such the nature of the electoral system depends on Congress.
Apportionment
Habasha is divided into fifty-five constituencies, based on the country's 37 first-level administrative subdivisions (counties and free cities). In some cases, these are further subdivided into smaller constituencies. The average Habashi constituency is small, with no single electoral district electing more than eleven congressmen. The median constituency elects 6 members.
The 360 seats of the Mekir Bet are redistributed on the basis of the electoral rolls ahead of every parliamentary election. The number of constituencies and their boundaries is determined in the country's electoral law. In case a constituency becomes too large, by electing more than eleven representatives, the law has to be amended to split the constituency.
| Subdivision | Seats | Subdivision | Seats | Subdivision | Seats | Subdivision | Seats |
|---|---|---|---|---|---|---|---|
| Adama | 11 | Gayint | 12 | Libo | 6 | Semhar | 8 |
| Ambassel | 6 | Gondar | 40 | Limu | 5 | Senhit | 15 |
| Awsa | 7 | Gore | 9 | Mekele | 7 | Seraye | 5 |
| Barka | 11 | Jijiga | 12 | Menagesha | 10 | Simen | 7 |
| Borena | 5 | Jimma | 14 | Merhabete | 6 | South Dembiya | 3 |
| Chilalo | 8 | Kalu | 10 | Mocha | 4 | Ticho | 5 |
| Chilga | 5 | Kefa | 6 | North Dembiya | 5 | Webera | 20 |
| Debre Marqos | 24 | Kembata | 5 | North Gojjam | 4 | Wegera | 8 |
| Dese | 11 | Lasta | 18 | Selale | 19 | Yeja | 5 |
| East Gojjam | 4 |
Partial elections
Although the Habashi electoral law establishes a proportional electoral system, uniquely Habasha also uses by-elections (known as 'partial elections') to elect congressmen in cases where an individual congressmen resign or die in office. Partial elections are however subject to certain regulations. For instance, by-elections cannot be used to fill in vacancies when a congressperson resigns or dies during the first year of the legislature. Instead, as in other systems that use proportional representation, the next highest-ranked person in the congressperson's party list is appointed to fill the vacancy. In the case that the resignation or death occurs during the last year of the legislature, the seat will remain vacant until the next general election is held.
The electoral system used for by-elections is the same as in general elections: D'Hont method, a highest averages version of proportional representation with open lists. In practice, because by-elections are typically only held to elect an individual congressperson in a given constituency, the de facto electoral method is single-round plurality voting, or first-past-the-post (FPTP).
Prerogatives
The Congress of People's Representatives is constitutionally endowed with certain special prerogatives in order to guarantee its autonomy. The Mekir Bet possesses regulatory autonomy meaning it sets its own internal operation rulebook; the Congress also determines the resources it needs for carrying out its functions (financial autonomy) as well as managing its own facilities and directly employing parliamentary staff (administrative autonomy). Congress is inviolable meaning that law enforcement officials can only enter the premises after being granted permission by the parliamentary supermajority.
Individual congressmen are protected by parliamentary immunity and inviolability. Legislators cannot be judicially prosecuted for opinions expressed or votes cast in the exercise of their official duties and they may only be detained in flagrante delicto. In order to prosecute a legislator, law enforcement must first raise a petition to the Judicial Inquiries committee.
As in all other parliamentary systems, congressmen are not subject to an imperative mandate and possess freedom of vote. In practice, individual congressmen have limited freedom of action, as they are subject to tight control from the party whips of the parliamentary groups to which they belong, who guarantee that all affiliated congressmen follow and vote according to the official party line.
Powers
Legislating
In the Congress of People's Representatives, legislation can be either be introduced by individual congressmen or, usually, by the Executive Council. Citizens also possess the right to legislative initiative, but only after gathering at least 350,000 verified signatures.
After a bill has been introduced before the Mekir Bet, the draft bill is 'tabled', that is to say, it is sent to the corresponding committee or committees, alongside private deputies' proposed amending motions for consideration. In the case of bills initiated by citizens, they must always be considered first by the Petitions Committee. During a two month review period, the tasked committees hold committee hearings where experts and interest groups are invited to voice their opinions. The responsible committee studies the various proposals and submits a common committee draft to the plenary with a recommendation on the appropriate way to vote and/or recommending amendments to the bill. Alongside this majority-drafted committee draft, dissenting committee members may also present so-called 'minority considerations'. After the committee draft and the individual counter-proposals are studied by the congressmen, the plenary votes on the bill, article per article and then on the bill's text as a whole.
A bill becomes law after receiving support from Congress through a simple majority vote in most cases. Some specific pieces of legislation, like the annual budget, organic laws or the electoral legislation require an absolute majority of members to vote in favour.
In emergency cases, the Government can employ the so-called urgent legislative procedure. This procedure follows a much more simplified scheme as the committee process can be bypassed entirely. Under it, a bill is presented by the Government directly before the plenary and voted within five days by a simple majority. The urgent legislative procedure has important limitations as it cannot be used to pass through Congress money bills, nor treaties nor matters affecting the constitutionally-recognised rights of citizens. The Government is also barred from employing this procedure to dissolve Congress or arrest its members. Furthermore, unlike most other bills, bills tabled under the urgent legislative procedure are time-limited.
Control of the executive
The Habashi executive branch, formed by the Prime Minister and his Executive Council relies on the confidence of the Mekir Bet to remain in power. The Prime Minister, although nominated by the President after a general election, can only take the post after a confirmation vote by Congress. In this confirmation vote, known as 'investiture' (ኢንቨስትመንት, Invesitimeniti), the premier-designate needs to obtain the support of the majority of the chamber, excluding abstentions. In the case that the Prime Minister receives the support of Congress, they will then form a cabinet, known as the Asifets'amī Kawinisili. The minister-designates then need to collectively obtain the support of Congress through the same procedure as the Prime Minister. The combination of both procedures is known as the 'double investiture'.
In order to remain in power, the Prime Minister and his ministers need to retain the support of the Congress. In case the Congress were to lose its support, the congressmen from a political party can table a no-confidence vote. In order to succeed, a no-confidence motion needs the support of an absolute majority of the members of the Mekir Bet. Likewise, a government can table a confidence vote in order to pass important legislation through Congress or to test its support. Only the Prime Minister can table a confidence vote. If the vote is lost by the government, then it is forced to immediately resign.
In terms of daily, ordinary control of the activities of the executive, individual congressmen may present government members with both questions and interpellations. Questions are generally oral and asked in committee or plenary sessions to members of the government or of the administration. Interpellations, however, are written and more issue-specific. Whereas questions usually serve to ask whether a certain third-party claim is true, whether the Government is aware of it, or whether the Government is taking any action on the subject; interpellations compel and bind the interpelled party to respond and justify certain government policies.
Relationship with advisory bodies
Supervisory powers
According to the 1972 Constitution, congressmen have the right to undertake inquests into matters of public interest. For this purpose, they should appoint a special, ex professo committee, known as an inquiry committee. This committee needs to reflect the parliamentary balance of power between groups. The inquest committee members have the right to employ the same investigative and coercive instruments as the judiciary in the matters which they have been tasked with investigating. An inquiry committee at only be formed following a request from at least 15% of the congressmen that is approved by Congress by a simple majority vote.
The members of the Mekir Bet also appoint the National Comptroller (የክልል ተቺዎች, yeKilili Techiwochi). The National Comptroller checks on the legality, regularity, efficiency, economy, and ethical conduct of public institutions, also acting as the national ombudsman. The National Comptroller is elected for a non-renewable eight-year term by the plenary session of the Congress. The work of the National Comptroller is supervised by the Finances and Constitutional Affairs committees.
Constitutional amendments
Constitutional amendments are subject to a significantly different parliamentary procedure than ordinary legislation. Amendment proposals must be first proposed before the Constitutional Affairs committee. Only individual congressmen and public initiatives that have gathered over 350,000 signatures have valid standing to introduce this kind of legislation. Typically, the Constitutional Affairs committee will then convoke a citizens' assembly formed by 150 ordinary individuals to discuss the proposal. This process can take up to 8 months. After that, the committee releases its opinion. Usually, if the opinion is negative, the plenary votes against it. However, if the released opinion is positive, then the amendment needs to pass by a three-fifths majority.
If a constitutional amendment bill receives the three-fifths approval from Congress, the constitutional amendment must then be approved by a majority vote in a referendum. Only a referendum where the turnout was over fifty per cent is considered valid. If this quorum is not achieved, then the constitutional amendment is automatically rejected. No rejected constitutional amendment can be introduced again during the course of the legislature in which it was previously rejected.
Structure
Governing bodies
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The organisation of the Congress is laid down in the institution's internal rules books. The most important internal position within the Congress is that of its presiding officer, the Chairperson of the Congress (የምክር ቤት ሊቀመንበር, yeMekir Bet Līkemeniberi). The Chairman is elected at the beginning of each legislature, in its first seating. The Chairperson is elected by an absolute majority of the members of Congress. The Chairperson presides over the plenary sessions, guaranteeing the compliance and enforcement of the Congress' internal regulation; they also prepare the internal budget of Congress, sets the legislative calendar and ensures the functioning of the Congress' administration. The Chairperson also presides over all internal governance bodies of Congress and represents the institution. In case of premature death of the President, the Chairperson becomes the interim President until a new President is elected. The current Chairperson is Minase Woldegiorgis, who assumed the post in 2010.
The Chairperson is aided in their functions by the Executive Board of the Congress (የስራ አመራር ቦርድ, yeSira Amerari Boridi). The Executive Board is formed by 5 members, including the Chairperson. The other four members are known as Deputy Chairs and are elected simultaneously with the Chairperson. The Executive Board's role is to work with, and if necessary to replace, the Chairperson in their activities. The Executive Board members sanction deputies, collaborate with the Chairperson in drafting the parliamentary budget and review the staff policy.
The agenda of the
Groups
Committees
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| Comittee | Chair | |
|---|---|---|
| Constitutional Affairs | xx (DPP) | |
| Finances | xx (DPP) | |
| Public Service and Capacity-building | xx (DPP) | |
| Foreign Affairs and Trade | xx (DPP) | |
| Armed Forces | xx (DPP) | |
| Interior and Justice | xx (DPP) | |
| Industry and Public Enterprises | xx (DPP) | |
| Social Affairs and Healthcare | xx (DPP) | |
| Agriculture, Livestock and Pastoral Areas | xx (DPP) | |
| Science, Technology and Innovation | xx (DPP) | |
| Transport | xx (DPP) | |
| Urban Development and Housing | xx (DPP) | |
| Energy and Natural Resources | xx (DPP) | |
| Environment, Water Management and Climate Change | xx (DPP) | |
| Education, Youth, Family Policy and Sports | xx (DPP) | |
| National and Regional Development | xx (DPP) | |
| Culture and Tourism | xx (DPP) | |
| Gender Equality | xx (WP) | |
| Petitions | xx (DPP) | |
| Judicial Inquiries | xx (DPP) | |
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