The last nine months have brought an unprecedented revision of major laws which the citizenry at large, regional and international community applauded as the right measure to widen democracy, ensure human rights and bring equitable economic benefits to all Ethiopians.
Few, however, still point their figure at the government’s reforms as contravening the Constitution, but that is a blatant accusation refuted by legal experts as unfounded and propagated by entities that used to twist the laws to their own personal gains and group advantages.
Addis Ababa University (AAU) School of Law Associate Prof. Dr. Dereje Feleke, argues that even the existing laws were misused by many. The government is duty bound to ensure law and order in the country and such task is far from executing laws. “Rule of law requires a very modern political community and Constitutional principles.
It requires institutions, rulers or every entity to be under the law and should remain accountable. That isn’t our problem today because such trend had not been existent at all.” He questions: “If improving the rules which stood against human rights is considered as illegal, then what is it to people who claim so want to prevail?” The government’s actions of taking legal measures against grand corrupts and others involved in human rights abuses to court is part and parcel of maintaining law and order in the country, he adds.
As well, Hawassa University College of Law and Governance, School of Law Assistant Professor Shimeles Ashagre on his part argues that many are heard using the term “rule of law” with some to justify their ill-actions. However, he says, the concept is inextricably linked to the notion of democracy, thus becoming a powerful, almost undisputable, positively loaded ideal, according to Ugo Mattei and Laura Nader even as far back as the times of Sir Edward Coke in late sixteenth-century England.
Those people, who particularly use the term to justify destruction, looting of public and private properties and killings, may want to hide themselves under the pretext of rule of law, which is too terrible, he comments. Some even attempted to criticize the government’s practices of maintaining law and order by confusing it with rule of law which is a flawed argument in its very essence, he adds.
Nevertheless, regarding the recent measure the government is taking, he contends, “The government should tackle the acts of counter reformists in order to enhance law in order. Even so, he has expressed his concern too. “Of course, one thing I fear is the inaction in some States,” he says adding: “A civilized community must confront illegals that have been over empowered by “rule by the law”.
He argues that the community must respect the rule of laws while government takes serious actions on those who breached and are breaching rule of law. “Every member of a community, so long as it has given away the power of execution and legislation to the Common good, must abide by the laws. As it exists, the federal and state Constitutions and the subsidiary laws are put in place with this target.
If the state of affairs continues as such, none of us will walk on the roads let alone the streets with fear of death and plunder.” Two powers exist in the hands of the government which is related to more or less carrot and stick. “Now, in the presence of chaos and multitudes of lootings, the government must make an effective and efficient use of its power.
We shouldn’t allow the death of a single Ethiopian.” If the government is ineffective in this respect, the legitimacy awarded to it will be eroded within a short span of time which is why the public is pushing the government for immediate measures. “Particularly, politically organized parties should not be allowed to shatter the pre-existing relationship within communities,” Shimeles suggested.
Federal Attorney General Law Preparation and Enforcement Directorate Deputy Director, Endalkachewu Worku, also says that the nation has a lot left to achieve with respect to rule of law. The revisions being made are of course to strengthen rule of law in the country, he says. And government will no longer exercise “rule by law” as had been trend before the reformist administration has taken office. For instance, the previous instrument was the anti-terrorism Proclamation.
Now the government will make it in a way it keeps the saftey and security of the public only. The various proclamations before the reform were the source of abuses and legalized inhumane activities. Therefore, destructing them is not abusing the law for its target is a positive change which has been sought after for long ago, the experts agree. Equally, the government ought to be serious about destructive messages some activists and or organizations put on social media and other outlets, this is what one may call rule of law, they add.
The Ethiopian Herald, January 4/2019
BY DIRRIBA TESHOME
