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1. BAHIRDAR UNIVERSITY
SCHOOL OF LAW
CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES AGAINST TRADITIONAL THEORIES OF
ENVIRONMENTAL ETHICS AND DISCOURSES IN
ENVIRONMENTAL ETHICS VIS-À-VIS THE FDRE CONSTITUTION,
ENVIRONMENTAL POLICY OF ETHIOPIA, CIVIL CODE AND
CRIMINAL CODE OF ETHIOPIA
Submitted to: Mr. Anemut Yassab
By: Aschenik Daniel
This Term Paper is done for the Partial Fulfillment of the Course of
Environmental Ethics.
June, 2013
Bahir Dar

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Table of Contents:
Table of Contents.............................................................................................................................2
INTRODUCTION ...........................................................................................................................3
PART ONE: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE FDRE CONSTITUTION IN THE CONSIDERATION OF
ENVIRONMENTAL ETHICS
1.1. How the Environment is treated in the FDRE Constitution ....................................................4
1.2. How the different Environmental Ethical Approaches entertained in the FDRE Constitution6
PART TWO: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE ENVIRONMENTAL POLICY OF ETHIOPIA IN CONSIDERATION
OF ENVIRONMENTAL ETHICS
2.1. How the Environment is treated in the Environmental Policy of Ethiopia...............................7
2.2. How the different Environmental Ethical Approaches entertained in the Environmental
Policy of Ethiopia ...................................................................................................................9
PART THREE: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE CIVIL CODE OF ETHIOPIA IN THE CONSIDERATION OF
ENVIRONMENTAL ETHICS
3.1. How the different Environmental Ethical Approaches entertained in the Civil code of
Ethiopia..................................................................................................................................10
PART FOUR: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE CRIMINAL CODE OF ETHIOPIA IN THE CONSIDERATION OF
ENVIRONMENTAL ETHICS
4.1. How the different Environmental Ethical Approaches entertained in the Criminal Code of
Ethiopia..................................................................................................................................11
CONCLUSION..............................................................................................................................12

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INTRODUCTION
Since the constitution is the mother law of the land of Ethiopia, it has contains so diverse laws of
the country in the general perspectives and one of these is that environmental laws. The many
laws that collectively make up domestic environmental laws are diverse in scope and source.
They are being designed by modern legislatures. Due to their breadth of origin there is a lack of a
uniform objective within domestic environmental laws. Rather, hybrid and paradoxical
moralities and philosophies underpin them. In recent years the concepts of sustainable
development and precautionary principle have been popularized within policy and introduced
into different policy documents, the importance of biological diversity has been understood by
lawmakers, and a human-environment rights agenda has slowly risen to attention. Environmental
laws still are directed first and foremost to protect property interests, regulate polluting activities,
conserve species in reserves, and oversee and purport to guide administrative decisions about
land uses that might affect ecosystems. Most judges, legislatures and executives remain ignorant
of an environmental ethic.
In matters relating to the environment they are still principally guided by pragmatism,
opportunism, and tradition, not environmentalism. I will argue that domestic environmental laws
can, and should, be directed by an overarching principle of environmental justice. I will inquire
into how environmental justice theories and an environmental ethic can be incorporated into
legal principles and processes. This will be achieved by investigating how a greater consideration
of notions of access and participation could improve environmental assessment laws and
processes, how ecological justice principles could advance species conservation laws, and how
ideals about avoiding environmental discrimination can further shape pollution control laws. So
that being aware of environmental ethics and different ethical approaches towards the
environment has immense merit to make awareness for the community as a whole and to protect
the environment.
Environmental policy of Ethiopia is the pillar policy document of Ethiopia in regard to
environmental laws of the country. So that, natural resources are the foundation of the economy.
Smallholder peasant agriculture, in some areas including forestry, is the dominant sector
accounting for about 45 per cent of the GDP, 85 per cent of exports and 80 per cent of total

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employment. Agriculture has also been the main source of the stagnation and variability in GDP
growth caused in the main by policy failures and exacerbated by recurrent drought, civil war,
natural resource degradation, and poor infrastructure. Renewable natural resources, i.e. land,
water, forests and trees as well as other forms of Biodiversity, which meet the basic needs for
food, water, clothing and shelter have now deteriorated to a low level of productivity.1
From this
we can understand that, environmental locicy main objective is focus on environmental issues of
the country.
On the other side, substantive laws of Ethiopia especially the criminal code and civil code are
entertained in line with environmental ethics basically in regard with the discourse of the
traditional environmental ethical approach.
PART ONE: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE FDRE CONSTITUTION IN THE CONSIDERATION OF
ENVIRONMENTAL ETHICS
1.1. How the Environment is treated in the FDRE Constitution
Article 44(1) of the constitution specifies that, all persons have the right to a clean and healthy
Environment.2
From this provision we can understand that all Ethiopians have fully recognized
right of living in a good and cleaned environment. Hence, to live in a clean and healthy
environment everyone should have awareness the ethical approaches for which environmentally
friendly coexistence could be assured. So that when we consider the essence of this provision its
main purpose in regard to environmental ethical approaches, it inclines to anthropocentrism
ethical approach; because of the fact that, living in a clean and healthy environment its aim is for
the comfortable living standard of the citizens not initially stressing for the environment itself.
1
FDRE Environmental Policy, Environmental Protection Authority in collaboration with the Ministry of Economic
Development and Cooperation, Addis Ababa, April 02, 1997, Paragraph 1& 2.[herein after referred to as:
Environmental Policy of Ethiopia]
2
Constitution of the federal democratic republic of Ethiopia, Addis Ababa, 1995, federal Negarit Gazette,
Proclamation No. 1, 1st
year, No. 1, Art 44(1). [Herein after referred to as: FDRE Constitution Proclamation
No.1/1995]

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Article 92(1) of the FDRE constitution signifies that, Government shall endeavor to ensure that
all Ethiopians live in a clean and healthy environment.3
This provision is more or less the same
as to the sayings of Article 44(1) but in this provision adds the phrase government shall
endeavor…this indicates that this provision is more of anthropocentric than that of Article 44(1),
because the government is striving for the comfort of its citizens not for the environment itself.
Article 92(2) of the constitution magnifies that, the design and implementation of programs and
projects of development shall not damage or destroy the environment.4
Even though the sayings
of this provision seem eco-centric it inclines to ethical anthropocentrism because of the fact that,
the mere purpose of the provision is not for the mere fact of protection of the environment rather
for the purpose of protecting living standard of the citizens by keeping the environment in good
condition.
Article 92(3) besides expresses that, People have the right to full consultation and to the
expression of views-in the planning and implementation of environmental policies and projects
that affect them directly.5
In this sense the phrase …projects that affect them directly indicates
that the interest of the people not for the interest of the environment itself. So that this provision
is explicitly anthropocentric ethical approach.
Article 92(4) of the constitution elaborates that, Government and citizens shall have the duty to
protect the environment.6
The saying of this provision is ethical anthropocentrism. Even though
it seems protecting the environment for the sake of its own eco-centrically but as I have said
already its mere purpose is for the comfort of the people not for the environment itself.
3
FDRE Constitution Proclamation No. 1/1995, Art 92(1).
4
Ibid, Art 92(2).
5
Ibid, Art 92(3).
6
Ibid, Art 92(4).

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1.2. How the different Environmental Ethical Approaches entertained in
the FDRE Constitution
40(3) of the constitution stipulates that, the right to ownership of rural and urban land, as well as
of all natural resources, is exclusively vested in the state and the peoples of Ethiopia. Land is a
common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject
to sale or to other means of exchange.7
From this provision we can apprehend that, the sayings of
the statement is biased for anthropocentric and considers land itself as the common property of
peoples of Ethiopia hence, this is the indication of land as if an instrument. Therefore, land has
an instrumental value not an intrinsic value as to the aforementioned provision. So that, when we
say an instrumental value that is value assigned the land because of its usefulness, as a means to
an end. As such land is of an instrumental value to humans because it helps in achieving another
goal i.e. to sustain alive on land. In the provision the phrase …all natural resources elucidates
that all naturally gifted resources are under the direct control and interference of the peoples of
Ethiopia and the government in the territorial jurisdiction of the country. Thus, this shows that
when we analyze it with regard to Environmental ethics it is anthropocentric view. Accordingly
anthropocentric approaches do not necessarily suggest reckless exploitation of the environment;
they may instead maintain that natural resources should be very carefully managed for human
benefit including for the benefit of the poor and future human generations. In order that
anthropocentric environmental ethic basically focuses on for human benefit and human centered
and not let it for the natural environment its existence independently by assuming their existence
is for the sake of their own irrespective of human advantage.
Article 40(4) of the same constitution envisages that, Ethiopian peasants have right to obtain land
without payment and the protection against eviction from their possession.8
From this provision
the phrase …obtain land without payment… indicates that for the consideration of land as an
instrument. Henceforth, considering the natural resources like land as having instrumental value
indicates that the constitution upholds land as if an object for the utilization of humans than
treating it intrinsically for the mutual coexistence of humans and natural resources mutually.
7
Ibid, Art 40(3).
8
Ibid, Art 40(4).

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Article 40(5) clarifies that, Ethiopian pastoralists have the right to free land for grazing and
cultivation as well as the right not to be displaced from their own lands.9
In this case the phrase
…not to be displaced from their lands, indicates that pastoralists as the owner of the land in
which they are used for grazing. This implies that pastoralists are master of their grazing land
and used it as instrumental value not as intrinsically. As such the overall purpose of this
provision when we consider in the guise of environmental ethics is that to use land in the ethics
of anthropocentrism, instrumental and subjectivism.
Article 40(6) besides manifests that, without prejudice to the right of Ethiopian Nations,
Nationalities, and Peoples to the ownership of land, government shall ensure the right of private
investors to the use of land on the basis of payment arrangements established by law.10
From this
stipulation we can understand that the phrase, without prejudice to the right of Ethiopian Nations,
Nationalities, and peoples to the ownership of land…suggests that land ownership is given as
instrumental value of the people not as intrinsically valued.
PART TWO: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE ENVIRONMENTAL POLICY OF ETHIOPIA IN
CONSIDERATION OF ENVIRONMENTAL ETHICS
2.1. How the Environment is treated in the Environmental Policy of Ethiopia
Environmental sustainability is recognized in the environmental policy of Ethiopia as well as in
the constitution and in the national economic policy and strategy as a key prerequisite for lasting
success. However, there is as yet no overall comprehensive formulation of crosssectoral and
sectoral issues into a policy framework on natural resources and the environment to harmonize
these broad directions and guide the sustainable development, use and management of the natural
resources and the environment.11
In this sense environment is treated as an instrument for which
as for a lasting success.
9
Ibid, Art 40(5).
10
Ibid, Art 40(6).
11
Environmental Policy of Ethiopia, P. 3.

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When we consider the overall policy goal is, to improve and enhance the health and quality of
life of all Ethiopians and to promote sustainable social and economic development through the
sound management and use of natural, human-made and cultural resources and the environment
as a whole so as to meet the needs of the present generation without compromising the ability of
future generations to meet their own needs.12
This statement is surely ontological
anthropocentrism because of the fact that the saying of the statement stresses for the inter-
generational equity not for the environment itself.
Besides under the overall policy goal it says that, improve the environment of human settlements
to satisfy the physical, social, economic, cultural and other needs of their inhabitants on a
sustainable basis.13
Eventhough it says the improvement of the environment in a way that is
sustainable, the statement is human centered, since it strives for human interest not for the
interest of the environment. Besides, to provide technical and material assistance to artisanal
miners to improve environmental protection and output efficiency.14
From this statement when
we consider the phrase …improve environmental protection… it seems ecocentric environmental
ethical approach, whereas when we consider the whole statement its main target is that, for the
interest of humans for the purpose of outputing efficiency, and hence it directly biases to
anthropocentrism.
On the other side, the policy strives to greatly increase the number of women extension agents in
the field of natural resource and environmental management.15
The implication of this statement
explicitly indicates the eco-feminist ethical approach. So that, the position of ecofeminists is that
there are important connections historical, experiential, symbolic, theoretical between the
domination of women and the domination of nature, an understanding of which is crucial to both
feminism and environmental ethics.
12
Ibid.
13
Id. P. 4.
14
Id. P. 13.
15
Id. P. 20.

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2.2. How the different Environmental Ethical Approaches entertained in the
Environmental Policy of Ethiopia
With regard to animals the policy stipulates that, feeding of domesticated animals through a
combination of providing agricultural residues, on-farm produced forage and fodder as well as
the cutting and carrying of grass and browse from meadows and hillsides in order to encourage
revegetation of grazing lands and the reduction of soil erosion.16
From this discourse we can
conclude that domisticated animals are considered as having subjecive value. This is because of
the term feeding indicates animals are fed by humans not by their own. Hence, the existence of
animals is upto the existence of humans dependently.
In addition to this, renewable natural resources are used in such a way that their regenerative and
productive capabilities are maintained and where possible enhanced so that the satisfaction of the
needs of future generations is not compromised.17
Therefore, in regard to renewable natural
resources the environmental policy envisages anthropocentrism ethical approach since it clarifies
that for the satisfaction of the needs of future generations not for the interest of the environment
independently. As such the Environmental policy refers that, the constitution now ensures that
the user of land has the right to a secure and uninterrupted access to it and to renewable natural
resources on it e.g. trees, water, wildlife and grazing.18
This indicates that treatmenmt of the land
and the renewable natural resources as the instrument for the humans, this is the fact that as far
as humans are entitled uninterrupted access to these resources there is the tendency for the
utilization of resources as the means for their end.
16
Environmental Policy of Ethiopia, P. 8.
17
Id. P. 3.
18
Id. P. 20.

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PART THREE: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE CIVIL CODE OF ETHIOPIA IN THE CONSIDERATION
OF ENVIRONMENTAL ETHICS
3.1. How the different Environmental Ethical Approaches entertained in the Civil
Code of Ethiopia
When we consider Article 1152 of the civil code it stipulates that, tamed or captive animals shall
become things without a master where they escape from the control of their owner and the owner
does not attempt to recapture them within the following month or ceases for one month to
attempt to recapture them.19
From this saying we can infer that tamed animals are considered as
things and if they lost they are considered as without a master. Therefore, these tamed or captive
animals have instrumental value as if they haven’t any purpose in the ecosystem.
Besides, when we observe Article 2074(3) of the same code it expresses that, only those animals
which it is customary to keep for purposes of pleasure or gain shall be deemed to be domestic
animals.20
This provision directly indicates to be considered as domestic animals, they have to
give pleasure or gain to humans. So that the saying of the provision stipulates that domestic
animals have instrumental value for humans. In addition to this, the provision indicates
subjectivism towards these domestic animals as if their existence is limited to upto the existence
of human existence. Beyond this, the provision has the essence of anthropocentric towards
domestic animals. This is because the aim of the provision is human centered i.e. for the benefit
of humans.
19
Civil Code of the Empire of Ethiopia, Addis Ababa, 1960, Negarit Gazettee, Extraordinary issue, Proclamation
No. 165, 19th
year, No. 2, Art 1152(1). [herein after referred to as: Civil Code of the Empire of Ethiopia,
Proclamation No. 165/1960]
20
Civil Code of the Empire of Ethiopia, Proclamation No. 165/1960, Art 2074(3).

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On the other side, Article 2755(1) of the civil code elucidates that, the tenant shall preserve and
maintain the animals with the care required by the custom.21
This provision seems based on the
morality aspect towards animals but its initial purpose is that for the prolonged usage of animals
for human interest. Therefore, in some extent it has anthropocentrism ethical approach.
PART FOUR: CRITICAL EVALUATION OF ENVIRONMENTAL VALUES AND
DISCOURSES IN THE CRIMINAL CODE OF ETHIOPIA IN THE
CONSIDERATION OF ENVIRONMENTAL ETHICS
4.1. How the different Environmental Ethical Approaches entertained in the Criminal
Code of Ethiopia
In the perspective of the criminal code, Ethiopia has a relatively short history of dealing with
environmental crimes. This is mainly because the connection between the environment and
crime is a relatively new one, dating back only about three decades. Only in the early 1970s were
efforts started in Ethiopia to try and explain the relationship between crime and environmental
factors.22
As such in return environmental ethical approach is a current phenomenon in regard to
the FDRE Criminal code.
Under Article 270 which states about war crimes against the civilian population it clarifies that,
using any means or method of combat against the natural environment to cause widespread, long
term and severe damage and thereby to prejudice the health or survival of the population.23
In
this sub provision the phrase …to combat against the natural environment… seems for the
protection of the natural environment but the protection is not for the environment itself rather
for the wellbeing of human species. Therefore, this provision also has the essence of
anthropocentrism ethical approach.
21
Id. Art 2755(1).
22
Rose Mwebaza, Philip Njuguna Mwanika and Wondowossen Sintayehu Wonndemagegnehu, Environmental
crimes in Ethiopia, Situation report, July 2009, P. 1.
23
The Criminal Code of the Federal Democratic Republic of Ethiopia, Addis Ababa, 2004, Negarit Gazette,
Extraordinary issue, Proclamation No.414, 9th
of May, Art 270(n). [herein after referred to as: The Criminal Code
of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004]

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Also the criminal code stipulates about environmental pollution by stating that, Whoever, in
breach of the relevant law, discharges pollutants into the environment, is punishable with fine not
exceeding ten thousand Birr, or with rigorous imprisonment not exceeding five years.24
Although
the criminal code manifests like this, the main aim behind this is that for the purpose of assuring
the health of citizens. So that it is anthropocentric environmental ethical approach.
In regard to animals the criminal code shows that, whoever improperly uses, lends or pawns
arms, munitions, equipment, material or instruments, vehicles, animals, or any other object
entrusted or handed over to him, or to which he has access by reason of his duty or military
status, is punishable with rigorous imprisonment not exceeding seven years, or, where the case is
not serious, with simple imprisonment for not less than three months.25
In this provision the
phrase …animals or any other object… shows that animals are considered as if instruments i.e.
as they haven’t their own purpose rather as a means for humans existence.
CONCLUSION
As I can critically observe the FDRE constitution’s provisions most of the sayings are in biased
of anthropocentrism, instrumental, subjectivism ethical approach when we consider in line of
different approaches of environmental ethics. Since Environmental ethics is theory and practice
about appropriate concern for, values in, and duties to the natural world and as such the
constitution is the supreme law of the land of Ethiopia we have to compromise the two. Even
though the constitution’s provisions are in generic terms and other detailed environmental laws
are cross refer the constitution for their legality, it is essential to give due consideration for the
provisions of the constitution especially provisions which deal with environmental values in
respect to environmental ethics.
In the literature on environmental ethics the distinction between instrumental value and intrinsic
value (meaning “non-instrumental value”) has been of considerable importance. The former is
the value of things as means to further some other ends, whereas the latter is the value of things
24
The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, Art 519(1).
25
Id. Art 306(1).

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as ends in themselves regardless of whether they are also useful as means to other ends.
Many traditional western ethical perspectives, however, are anthropocentric or human-centered
in that either they assign intrinsic value to human beings alone (i.e., what we might call
anthropocentric in a strong sense) or they assign a significantly greater amount of intrinsic value
to human beings than to any nonhuman things such that the protection or promotion of human
interests or well-being at the expense of nonhuman things turns out to be nearly always justified
(i.e., what we might call anthropocentric in a weak sense).
In general, in regard to environmental ethics all the perspective laws especially the FDRE
Constitution, environmental policy of Ethiopia, the civil code and the criminal code are, more or
less, incline with anthropocentrism, instrumental, subjectivism ethical approaches of the
environment.