Assefa
A. Lemu
(Source: Aiga Forum)
Introduction: In its
history, Ethiopia got three constitutions: the monarchical constitution which
was “given” to the Ethiopian peoples by Emperor Hailesellassie in 1931 and
which was revised in 1955 and “re-given” to the peoples , the constitution of
the Peoples’ Democratic Republic of Ethiopia (PDRE) of 1987, and the
constitution of the Federal Democratic Republic of Ethiopia (FDRE) of 1995. The
objective of this article is not to discuss the constitutional history of
Ethiopia. Rather, it briefly discusses the process of the making of the current
constitution which was adopted on December 8, 1994 and became effective on
August 21, 1995.
The current Ethiopian constitution is under attack by
various individuals and groups who have their own agenda. Some of these
criticizers present the current constitution as a document written by
TPLF/EPRDF sitting in a closed door and enacted overnight. The truth of the
matter is different from this. Therefore, understanding the processes that the
making of the current constitution passed through, the main provisions under
criticisms and the alleged basis of those criticisms is important.
The Drafting Process: After
taking government power in Ethiopia on May 28, 1991 and ruling the country for
one only month as a provisional Government, EPRDF convened a National
Conference from July 1 to 5, 1991 (https://www.youtube.com/watch?v=5UkwtgBD8mwhttps://www.youtube.com/watch?v=e61bzzbJF-k
) and the Conference established the Transitional Government. The Conference
also adopted a National Charter https://chilot.files.wordpress.com/2011/11/the-transitional-period-charter-of-ethiopia.pdf
) which served as an interim constitution. The 87-member Council of
Representatives of the Transitional Government of Ethiopia established a
Constitutional Commission to draft a new constitution to administer the
discussion on the draft constitution throughout the country. Mr. KifleWodajo
who was the Secretary-General of the Organization of African Union
(OAU) from 1963 to 1964 and Minister of Ministry of Foreign Affairs of
Ethiopia from 1975 to 1977 (http://www.operationspaix.net/775-biographie-de-wodajo-kifle.html
) was appointed as a Chairman of the Constitution. Mr. DawitYohanes of Amhara
National Democratic Movement (ANDM) who later became the first Speaker of
the House of Peoples' Representatives and served from 1995 to 2005 was
appointed as a Secretary of the Commission.
The Constitutional Commission of the Transitional Government
of Ethiopia (TGE) had various departments including the Regional Affairs
Coordination Department in which the representatives of the nine Regions and
two City Administrations worked for about two years (1993 and 1994). The
Constitution organized public discussion from the grass root Kebele level to
national levels. It also invited selected international constitutional lawyers,
political scientist, historians, and other experts in the area to come to
Ethiopia and share their experience and provide comments and advice on the
draft constitution. The constitution also organized various symposiums and
forums on which the main draft provisions were discussed and debated
Ethiopians. Various forums were organized for different social groups like
women, youth, disabled persons, elders, community leaders, and religious
leaders. Unless someone says he or she will not consider the popular discussion
in which he or she didn’t take part as a popular discussion, myriads of
popular discussions were held on the draft constitution in all corners of the
country.
One of the interesting features of the discussion on the
draft constitution was that the discussion was conducted article by article.
After discussion, the participants voted for and against each provision of the
constitution. The votes were given for and against each provision and the votes
were compiled at Kebele, District, Zone, Region, and national level. Those
compiled results were presented to the Constitutional Commission members and
discussed. On those provisions on which the consensuses of the Commission
members were not obtained, the reasons of each side or alternative provisions,
when available, recorded and passed to a Constituent Assembly elected in
1994 to approve a new constitution for Ethiopia. Those who think
the current constitution was not discussed by the peoples in Ethiopia must make
fact checking and refer to records. If we argue not to accept a constitution
which we didn’t write or for which we didn’t vote or if we turn against it
every time we lose our government position, then we will not have one.
Even though, most of the records dealing with the process of
constitutional drafting are not available on line, few are available and may
give some hints. For example the discussions made by the constituent assembly
on Federal flag are available here: (https://www.youtube.com/watch?v=ip5yV1YKmZw
), (https://www.youtube.com/watch?v=AlOP1pbeU68
).
Main Provision of the Constitution
Under Fire:
- Article 39-The number one provision of the Ethiopian Constitution which is under attack is Article 39, Rights of Nations, Nationalities, and Peoples. The proponents of this article say that this article didn’t give new right to the nations and nationalities, but simply recognized the right they have and entitled to. This is the right recognized by the UN in the International Covenant on Civil and Political Rights adopted by the General Assembly of the United Nations on December 19, 1966. Article 1(1) of the convention says “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development” (https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-english.pdf ). However, the antagonists of Article 39 see it as Pandora box to disintegrate the country. Even though the dominance of voice on the Internet may not lead to the actual constitutional change, those who curse the constitution because of Article 39 are more vocal than those who support the constitution because of this same article.
- The Ethiopian Flag- Article 3 (1) of the constitution says “ The Ethiopian flag shall consist of green at the top, yellow in the middle and red at the bottom, and shall have a national emblem at the center”. Accordingly, the Flag and Emblem Proclamation No. 16/1996 (https://chilot.me/wp-content/uploads/2011/01/proc-no-16-1996-flag-and-emblem.pdf ), Proclamation No. 48/1996 Flag and Emblem (Amendment) (https://chilot.me/wp-content/uploads/2011/01/proc-no-48-1996-flag-and-emblem-amendment.pdf ) and Flag Proclamation No. 654/2009 (https://chilot.me/wp-content/uploads/2011/01/flag.pdf ) enacted. The opponents of Article 3 of the constitution, gave different meanings to the logo of the FDRE and the flag introduced by the constitution and subsequent laws and rejected it. The Ethiopian government basically failed to enforce its ownconstitution and laws in this regard. It is bizarre to see something legal considered illegal and vice versa. Ethiopia is becoming a country where mob makes the law and where the leaders follow the crowd rather than leading the crowd.
Article 3(3) of the
constitution of FDRE also authorizes the member states of the Federation to
have their respective flags and emblems. However, the pro unitary groups are
denouncing having state flags and emblems. Few vocal individuals are trying to
give guidance to the government through the TV stations, radios and internet.
The majority is simply in the receiving mode. As Plato said "One of the
penalties for refusing to participate in politics is that you end
up being governed by your inferiors." That is what we are observing
in Ethiopia.
- Article 47, Member States of the Federal Democratic Republic- Article 47 of the constitution lists the member states of the Federal Democratic Republic of Ethiopia and enshrines the right of Nations, Nationalities and Peoples to establish their own States. The same group that attacks Article 39 also attacks Article 47 of the constitution. They advocate for the drawing of state boundaries along the geographic line like rivers, mountains, valleys or imaginary lines like longitude and latitude or economic lines like coffee grower, khat grower, farmer, pastoralist, etc. Rather than explaining what the law says, Ethiopian Government officials became the victims of this argument and adding confusion. For example, Prime Minister Dr. Abiy said “bekililochmekakelwesenenjidinberyelem”. What is the difference between “wesen” and “dinber”? According to Amharic to English Dictionary, “wesen” is border and “dinber” is boundary. The explanation doesn’t hold any water except trying to play with words. The point is that the top government officials are trying to follow the noise rather than the law. They are trying to jump into the bandwagon of the noise makers rather than standing firm in the right place and attracting them.
- There are other major articles of the constitution that are under attacks including the following:
4.1 Article
40 (3) which says “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”. Some want land to be sold like any ordinary
commodity.
4.2 Article
45
which says “The Federal Democratic Republic of Ethiopia
shall have a parliamentarian form of government”. Some want presidential form
of government.
4.3.
Article 5 whichsays “1. All
Ethiopian languages shall enjoy equal state recognition. 2. Amharic shall be
the working language of the Federal Government”. Some want this to be changed
and say “Amharic is the official language of Ethiopia”.
4.4.
Article49 which stipulates “the
special interest of the State of Oromia in Addis Ababa”.
If my time allows, I will discuss in the opinions
of the proponents and opponents of the articles of the constitution listed
under item number 4 above and others. I will also discuss the paradox of the
stance Ethiopian Government officials on the constitution, for example,
objecting the principles of the constitution and appointing individuals like
Mrs. MeazaAshenafi who was the Legal Advisor of Ethiopian Constitutional
Commission (https://fanabc.com/2018/11/%E1%8B%88-%E1%88%AE-%E1%88%98%E1%8A%A0%E1%8B%9B-%E1%8A%A0%E1%88%B8%E1%8A%93%E1%8D%8A-%E1%88%88%E1%8C%A0%E1%89%85%E1%88%8B%E1%8B%AD-%E1%8D%8D%E1%88%AD%E1%8B%B5-%E1%89%A4%E1%89%B5-%E1%8D%95%E1%88%AC/)
, as a head of the judiciary to interpreted the law and automatically becomes
president of the Council of Constitutional Inquiry perArticle 82 of the
constitution. Appointing TayeAtsikesellasieAmde who was the member of Forum 84
and Head of the Public Relation Service of the Constitutional Commission as a
Permanent Representative of Ethiopia at UN (https://www.un.org/press/en/2018/bio5138.doc.htm
) is also another example. The weird thing is those who attack the constitution
are happy about the appointment of such individuals who played significant role
in the drafting of that same constitution.
It is very difficult to reasonably expect the government and
parliament that do not honor its own constitution and laws to honor human and
democratic rights of its citizens. It makes me doubt the truthfulness and
integrity of a Head of Government who took the position through parliamentary
system and says I wish I was elected by all citizens following presidential
system of government. It also makes me doubt the integrity and capacity of the
parliamentarians who in 2012 endorsed the appointment of three Deputy Prime
Ministers in violation of Article 75 of the constitution which authorizes
having only one Deputy Prime Minister and again endorsed the appointment of
Head of State (President of FDRE) in violation of Article 8 of Proclamation
No. 255/2001 (http://www.fsc.gov.et/content/Negarit%2
... e%20Fe.pdf), Administration of the President of the Federal Democratic
Republic of Ethiopia, which instructs "Where the President, before the
termination of his term of office, discontinues his service due to illness,
death, resignation or due to his conviction, the House of Peoples'
Representatives and the House of the Federation shall, by an extra-ordinary
joint session convened by the Speaker of either of the Houses or by the
Speakers of both Houses jointly, designate an Acting President”. They
keep violating the constitution and other laws of the county and plan to
violate more and expect us to keep quite. Even though we don’t own TV or Radio
station,we will not remain silent when imminent danger is posed on our rights.
No comments:
Post a Comment