Following the two-day long discussions held between the ruling ‘Prosperity’ and leaders of some competing political parties regarding the protection of COVID-19 and the various constitutional options for conducting the next elections, Prime Minister Abiy Ahmed (Ph.D) said the discussion was quite fruitful to support the democratization process in Ethiopia.
In this regard, The Ethiopian Herald has approached some politicians and leaders of competing political parties to discuss how they consider and explain the four constitutional options presented by various legal experts – dissolving the parliament, declaring State of Emergency (SoE), amending the Constitution, and initiating constitutional interpretation.
Prof. Merara Gudina, President of MEDREK and Oromo Federalist Congress, says it is difficult to decide which option is compatible to Ethiopian politics within a day long discussion. We are now worried not to commit a historic mistake while
forwarding final decision on behalf of the people, he added.
As to Prof. Merara, all political parties need to hold thorough discussion to come up with national consensus on major issues since one party role will not take much longer journey to ensure the democratization process.
“Basically, the issue of election is not constitutional problem, it is rather political,” he said adding: “It is imperative to reach agreement on major political questions before proceeding to find out other constitutional options.”
Prof. Merara also says the best way out to reach national consensus is to be flexible to listen, and leave rigid thoughts unlike the past regimes including the Emperor, the Derg, and the EPRDF, although some improvements are observed in the incumbent – Prosperity.
According to Prof. Merara, both MEDREK and the Oromo Federalist Congress believe that the decision of a single party – the ruling – would not bring sustainable peace and stability unless a common ground has been made among the major competing political parties who have the largest public support. Determining the fate of the country by showing hands of non-significant political parties can be considered as an unnecessary repetition of the previous undemocratic regimes, he explained.
Aregawi Berhe, leader of Tigray Democratic Coalition Party, said for his part that we should first cooperate to combat the spread of Coronavirus since the political issue should be considered secondary to saving the lives of millions.
Regarding the constitutional options, the constitutional interpretation and constitutional amendment are familiar each other; so that if we can get some relief from the fight against the pandemic, it is possible to use either of them, Aregawi commented.
Chairman of Ethiopian Citizens for Social Justice (EZEMA), Yeshiwas Asefa also agreed with Aregawi that the third and fourth options are compatible with each other. Hence, now is the time to make
constitutional amendment along with constitutional interpretation so as to use this golden opportunities to be transformed towards a more democratic government amid challenges, Yeshiwas commented.
The other politician, Teshale Sebro, says the options suggested by the legal experts are appropriate according to the constitution; but choosing the best one requires careful consideration from political parties, perhaps the outcome might be unpredictable.
Since all agree that the election has to be postponed due to the pandemic, constitutional interpretation is required to decide who can temporarily lead the country until conducive conditions are further observed to carry out the election, Teshale commented.
According to his point of view, it is praiseworthy if the ruling, Prosperity Party, can fill the gaps over its weaknesses and should stay in power until a legitimate government is assigned through free and
fair election. Politicians should not treat each other as rogues, fools or traitors; they should rather work for the establishment of effective government, Teshale explained.
Tesfakiros, Member of Salsay Woyanie, says for his part that despite the coronavirus situation, the election should take place in its constitutional schedule. Otherwise, states will take out their representation from the federal government; and will run their own electoral process, he added.
Asked what will happen after states run election separately, Tesfakiros believes that after conducting a separate regional election, states will again form a federal government giving their representation to the House of Federation.
Tesfakiros also mentioned that his party was not invited to consult on the issue discussed at the Prime Minister’s Office Wednesday; however, he believes that political parties have no mandate to decide on the options given, it is rather a mandate for the House of Federation.
To look over the four options listed in the Constitution, Article 60/1 of the Constitution declares that with the consent of the House, the Prime Minister may cause the dissolution of the House before the expiry of its term in order to hold new elections.
Following the dissolution of the House, the previous governing party shall continue as a caretaker government. Beyond conducting the day to day affairs of government and organizing new elections, it may not enact new proclamations, regulations or decrees, nor may it repeal or amend any existing law. For this reason, this option could lead to the formation of a weak government.
Declaring State of Emergency, as in Article 93 of the Constitution, will give the government a more strong execution power. Article 93/5 declares that when a state of emergency is declared, the Council of Ministers shall have all necessary power to protect the country’s peace and sovereignty, and to maintain public security, law and order.
According to Article 105 of the Constitution, amendments can be made only when all State Councils approve the proposed amendment by a majority vote; When the House of Peoples’ Representatives and the House of the Federation approves the proposed amendment by a two-thirds majority vote.
The Ethiopian Herald May 2/2020
BY ZELALEM GIRMA
