Part I of this article has been published on November 2, 2018 on Aiga Forum and available here http://aigaforum.com/article2018/The-Making-of-Eth-Constitution-1995.htm. This is the continuation of Part I. In this part, I will continue the discussion of the major articles of the constitution of the FDRE which are under denigration by the adversaries of the constitution. I will also briefly touch upon some of the paradoxical political stances of the top officials of the Ethiopian Federal Government.
Articles of the Constitution under Fire:
1. Article 40 (3) which says “The right to ownership of rural and urban land, as well as of all naturalresources, is exclusively vested in the State and in the peoples of Ethiopia.Land is a common property of the Nations, Nationalities and Peoples ofEthiopia and shall not be subject to sale or to other means of exchange”.EPRDF has strong argument in favor of this position and the late Chairman of EPRDF and Prime Minister of Ethiopia, Meles Zenawi, said in 2005 election campaign that “land will be privatized in Ethiopia only on the grave of the EPRDF”. So far,the opposition parties and groups that argue for the privatization of land have not been able to win the election and take power to change the land policy in Ethiopia.
Some argue that the main problem related to land is not about its ownership, but the way it is administered or managed. They blame the government and EPRDF officials for misusing their authorities in land administration to enrich themselves, to favor their allies by illegally giving them land and disfavoring the others by denying them the right to get land or by taking away land from them. For example, according to Obbo Bekele Gerba, the Secretary General of Oromo Federalist Congress (OFC), government and EPRDF officials used land as a means to buy loyalty and support and to benefit few cronies by violating the rights of the others (https://www.youtube.com/watch?v=YY4EuwFNO_8 ).
Even though land is considered as one of the kinds properties, it is neither ordinary property nor ordinary commodity. In most cases, land ownership/ administration involve the intervention of governments in various ways varying from registration to distribution. As Mark Twain and Will Rogers clearly put it, unlike other properties or commodities, land cannot be made again. That is why they say "Buy land, they're not making it anymore the stuff".
The issue of land ownership has been a bone of contention between EPRDF and those who favor the privatization of land since 1991(Bereket Simon, Tinsae Ze Ethiopia, P.75). Generally speaking, most properties that belong to all, normally administered by the government which is considered the representative of all citizens and has the responsibility to administer public goods and properties on behalf of the citizens of that country. Accordingly, per the constitution of FDRE, Federal Government and State Governments in Ethiopia administer land which is designated as one of the common properties by the constitution. Considering the peculiar history of Ethiopia and existing facts, privatizing land in Ethiopia brings more havoc than benefit. However, improving land administration and utilization is imperative.
2. Article 45 which says “The Federal Democratic Republic of Ethiopia shall have a parliamentarian form of government”. Under the parliamentary form of government, the executive leader (prime minister) is elected from the members of the parliament (legislature). The other form of government is presidential system where the executive leader (in this case the president) is elected directly by the people who are eligible to vote.
Both forms of government have their own advantages and disadvantages. The parliamentary system which is used by the countries like the United Kingdom (UK) gives a chance for a better coordination between the legislative and the executive branches of government. Under this form of government, the prime minister is a member of a parliament (legislative) and other members of executive branch like ministers can be members of parliament. On the other hand, the presidential system which is used by countries like the United States makes clear separation of power between legislative and executive branches of government. One of the shortcomings of the presidential form of government is that it creates competition and deadlocks when the belief of the president (executive branch) and that of the parliament are different. Some countries like France and Russia use the hybrid form of government where the president focuses on foreign policies and the prime minister focuses on the domestic policies.
Prime Minister Dr. Abiy Ahmed’s wish to be elected by the peoples of Ethiopia, rather than by parliament emboldened pro presidential form of government group to find all reasons to criticize the parliamentary form of government in Ethiopia. The reason why Dr. Abiy prefers to be elected directly by the people rather than through representative of the people is not clear. However, the speculation is that he may be questioning either the legitimacy of the parliamentarian or their capacity or he is over estimating his popularity across the country and his chance to win other competitors which we don’t know.
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”. The issue of language has been one of the political agenda in Ethiopia for more than a century and half. Up to 1991, Amharic language and culture had been imposed on all nations and nationalities with the objective of “oneness”. This led to the proliferation of rebellion groups including EPLF, TPLF, OLF, and ONLF who fought for the political and cultural rights of their respective groups. The constitution wanted to put to an end such kinds of imposition and recognized all languages spoken and used by the peoples in Ethiopia as equal. However, the groupsthat are in favor of the old imposition are lament on Amharic not being designated as an “official” and “national” language ofEthiopia. To avoid competition, they utterly reject the idea of having another working language for the federal government.
4.4. Article49 which stipulates “the special interest of the State of Oromia in Addis Ababa”.The history of Addis Ababa (Finfinne) is like the Arabian story of “Camel’s Nose”, the camel that first put in only its nose and finally kicked the owner out of his own tent and controlled the tent (http://camelphotos.com/tales_nose.html). The constitution recognized this fact and stipulates how to rectify the historic damage done to Oromo. This year, Oromia got her son to prime minister’s position, but haven’t yet get her constitutional right regarding Addis Ababa.
Like that of Ethiopia, the U.S. Constitution mandated the establishment of a federal district called District of Colombia (Washington, D.C.) under the exclusive jurisdiction of the Congress. Like Addis Ababa, Washington, D.C. is neither a state nor a part of any state. The states of Maryland and Virginia each donated land to form Washington, D.C.It has no official representation in both chambers of the Congress- House of Representatives and Senate. Addis Ababa has better political right because it has representatives in Ethiopian House of Representatives, one of the houses of the Ethiopian parliament.
Unlike Addis Ababa, Washington D.C was founded through negotiation, not by annexation. Unlike that of Addis Ababa, the boundaries of D.C. are clearly marked. The border between Washington, D.C. and Virginia is marked by the Potomac River and the border between D.C. and Maryland is marked by boundary stones. In case of Addis Ababa, even after 132 years of annexation, it has no clear boundary and keeps expanding year after year into the remaining Oromo lands in its surroundings. These days, the noise we here is not about the constitutional right of Oromia in Addis Ababa, but the unconstitutional voice which says “Oromia out of Addis Ababa” and the silence of those who have the obligation to defend the constitution.
Paradoxical Political Stance:
One of the former presidents of the United States of America, Mr. Harry S. Truman is usually quoted for saying "If you can't convince them, confuse them”. This shows, creating deliberate confusion is one of the technics politicians use to get power and keep power. One of the means of confusing the people is by having paradoxical political positions. In addition to confusions, some politicians try to be shapeless and colorless like water to fit to all circumstances. Below, we will see few examples where top EPRDF official (s) are creating deliberate confusion and try to be shapeless and colorless to win the support of all groups.
Citizenship politics-Ethiopian law doesn’t allow dual citizenship. Article 20 (1) of Ethiopian Nationality Law Proclamation No. 378/2003which was proclaimed to implement Article 6 of the constitution of FDRE that requires the particulars relating to nationality to be determined by law says“Any Ethiopian who voluntarily acquires another nationality shall be deemed to have voluntarily renounced his Ethiopian nationality”( http://www.lawethiopia.com/images/federal_proclamation/proclamations_by_number/378.pdf ).
However, Ethiopia is now a country where individuals who renounced Ethiopian citizenship and took the citizenship of another country tries to maneuver the politics and propagate the idea of citizenship/individual right politics (Yezeginetpolitika) and denounce those who advocate for both group and individual rights. For example, Andergachew Tsigie who invoked his British citizenship when he was arrested in Ethiopia is one of these individuals.Politics is the business of citizens of a given country and citizens have the right to practice whichever political opinion they choose and not prohibited by the laws of that country. The problem is when non-Ethiopian citizens meddle in Ethiopian politics.
Dr. Abiy’s speech of October 3, 2018 at the opening of 11th EPRDF General Congress in which he said “ The structure of the Federal Government must consider historical and prevailing conditions of the country. If we are able to entertain without confusing regional administration with national identity, federalism is the preferred form of governmentfor conditions like in Ethiopia. However, the regional administrations must not forget to administer the peoples and individuals living in their region equally”(https://youtu.be/nqwhOBx7krw?t=923) is now referred as an endorsement for changing the federal structure and preference for citizenship/individual right politics. This could be part of the “Medemer” politics for which we have to wait for the publication of Dr. Abiy’s upcoming book, as promised in his speech at Frankfurt stadium, to understand (https://www.youtube.com/watch?v=Gu0DAzbzeAA&t=13s ).
In his book “Tinsa’eZe Ethiopia”, Bereket Simon argues that Ethiopian constitution is based on the principle of “if the rights of citizens are not respected, the rights of communities cannot be respected; if the rights of communities are not respected, the rights of individuals cannot be respected” (p.86). He says Ethiopian constitution respects both individual and group rights on the same weight and focus. According to Bereket, in terms of democratic rights, the constitution of FDRE is much advanced than that of the developed countries thatfocus only on individual rights and not ready to entertain group rights.
“Focus on lost sheep”- In the bible (Matthew 18:12) there is parable of a man who left hundred sheep on hill and went to search for one lost sheep. Ethiopian Government officials are like that person. They give more attention to Ethiopians in diaspora than to Ethiopians who live in Ethiopia. This trend is growing since 2005 election and the country reached at the point where Ethiopians living in Ethiopia are buying land from Ethiopians in diaspora who have the privilege of getting urban lands from Ethiopian Government in the expedited procedure. We are also observing when Ethiopian tax payers’ money being spent to host and escort individual Ethiopian diasporas, where the new returnees and holders of foreign citizenship are being given high government posts (https://www.ethiopianreporter.com/article/13795 ). The theory of “Diaspora vs. Lame Bora” which became popular following the 2005 election and Ethiopian Millennium of 2007 is still around. Meron Getinet described the comparison of “Diaspora” and “Lame Bora” very well in her poem titled “Hagere” (https://www.youtube.com/watch?v=Bh_HYB7VqVs).
History- Written Ethiopian history has been under criticism for being unbalanced. In his inaugural speech of April 02, 2018 ( https://www.youtube.com/watch?v=ghDVeUWUyxQ), Prime Minister Dr. Abiy said “Her children wishes Ethiopia to return to her previous status”. Unfortunately, he didn’t explainwhich one is the “previous status” of Ethiopia to which her children wishes to return to—Menelik’s Empire, Hailesellassie’s feudo- bourgeoisie, or Mengistu’s military controlled socialism? Who are those children of Ethiopia who wish and work hard to take her back to her past status and why? Is taking Ethiopia backward benefits Ethiopian citizens compared to moving her forward?If what the Prime Minister Dr. Abiy said on October 3, 2018 at the opening of 11th EPRDF’s General congress held in Hawassa is true, Ethiopians have no obligation to love Ethiopia of the past, but Ethiopia of the future. He said “It is our right not to love Ethiopia which we received/handed over to us. However, we must not forget that it is our obligation to beautifully shape Ethiopia which we will handover” (https://youtu.be/nqwhOBx7krw?t=923 ). Therefore, it should be clear that there is no obligation and need to take Ethiopia back to her past history and we are not required to have Ethiopia that worships “her creators” as some who claim to be her sole creator wishes (https://www.youtube.com/watch?v=iQm_l3jnSNI ).Rather we need to focus on present and future and march together forward to the bright future.
In his first interview as a Prime Minister of Ethiopia, Dr.Abiy listed his heroes and statesmen of Ethiopia (Emperor Menelik II,LijIyyasu, Emperor Hailesellassie I, and Mengistu Hailemariam) (https://youtu.be/g4LOh5iaCQU?t=190 ). He gave glory to those who crushed the others, but he didn’t show sympathy to those who were crushed. Such kinds of attempt to impose one group’s history on another and upholding one sided history on which there is no national consensus is rubbing salt into the wounds of the victims.
Article 39 (2) of Ethiopian constitution says “Every Nation, Nationality and People in Ethiopia has the right to speak, to write and to develop its own language; to express, to develop and to promote its culture; and to preserve its history”. Like any other nations, nationalities and peoples in Ethiopia, the Oromo people have the constitutional rights to preserve their history. However, those who want only the history of the victoriousgroup to be told are cursing Oromo for erecting Anole victims’ memorial monument. In their opinion, erecting statue for the crusher brings unity and erecting statue for the victim is considered anti-unity action. One of the responsibilities of the government is to protect the weak and the minority and I hope the current Ethiopian Government will discharge that responsibility so that the nations and nationalities preserve their history as enshrined in the constitution.
Conclusion:The opponents of the current Ethiopian constitution almost oppose from its opening (preamble) which says “We, the Nations, Nationalities and Peoples of Ethiopia” to its closing which says “The Amharic version of this Constitution shall have final legal authority”. They oppose the preamble by arguing that the constitution belongs to groups, not to individual citizen, and the people in Ethiopia are single people not PEOPLES. They also oppose the closing by arguing that Amharic is not only “the working language of Federal Government” as indicated under article 5(2) of the constitution but must be designated as “National” and “Official” language of Ethiopia. Even though Articles 104 and 105 of the constitution lay down the procedures for how to initiate amendment and procedures to be followed, the opponents want to trash the constitution in its entirety from A to Z. For example, in 2005 political debate, Professor Mesfin Woldemariam said “In terms of human rights, we know, the value of Ethiopian constitution is less than the value of paper and ink used to write it” (https://www.youtube.com/watch?v=J_p6rIBRXiE&t=269s ). In the recent discussion held on ESAT under the topic of “Ethnic Federalism and its impact on the Ethiopian Economy, Dr. Shiferaw Addisu said the current constitution of Ethiopia was drafted by TPLF and OLF and illegal (https://www.youtube.com/watch?v=yJMaFx4sYGk ).Dr. Shiferaw never bothered about fact checking before blinding trashing the constitution. OLF withdrew from the Transitional Government of Ethiopia in June 1992 and never been a drafter of the constitution.
Ethiopian politics is delicate and there are many gray areas. Prime Minister Dr. Abiy is trying to walk on the tight rope and to navigate through opposing, sometimes extreme and incompatible political opinions.Prime Minister’s attempt to deny the existence of boundaries between States, his wish to change the form of government from parliamentary to presidential, his promise to amend the constitution to limit the term of office of the prime minister to only two terms (https://www.youtube.com/watch?v=nx-PHUUubgA ), Amhara State President Gedu Andergachew’s expressed support for using the flag which doesn’t have the required emblem (https://www.youtube.com/watch?v=UqNcDHA6XZg ) shows that the current Ethiopian constitution is under criticism by both EPRDF officials and others.
(Source: Aiga Forum)
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(Source: Aiga Forum)
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Aksum Post notes :
The Government should make Afaan Oromo, Somalian language and Tigrigna working languages in addition to Amharic. Afan Oromo and Somalian language might use Geez alphabetes to uphold our African heritage. The people of Ethiopia have no patience to use Amharic as a working language and may take up arms as their demands are ignored. Non-Amhara Ethiopians are the majority and Amharic cannot be used as the only working language.The constitution clearly states there should be some more languages to be used as a working language. Ethiopian children should learnTigrigna, Somaligna and Afan Oromo at school. The executive branch of the government should employ persons who are versed in these languages.We could also add more of our languages to be used as working languages if there is a need to it.
