ADDIS ABABA— Seeking constitutional interpretation to manage the current gap has legal and constitutional ground, according to some law experts.
In an exclusive interview with The Ethiopian Herald, Misganaw Gashaw, Assistant professor at Bahir Dar University, School of Law, and Debebe Hailegebriel, a private legal consultant and attorney at law, both stated that of the proposed remedies, seeking constitutional interpretation is workable and it is internationally accepted practice in such situation.
The focus should be anchored towards solving this crisis the nation is facing more than anything else given the chaotic reality happening in this country right now, according to Misganaw. Mentioning that the constitution states the source of power is only through election that is held every five years, he adds that it does not make it clear on how to proceed when it becomes impossible to hold elections whether it is due to war, pandemic or natural disaster.
Some countries have emergency election or emergency law to fill the gap in this kind of scenario. USA and South Africa as well Canada had gone through such kind of scenario in the past so we should try to learn from their experiences.
To my knowledge, he continued, constitutional amendment and seeking constitutional interpretation have the same output but seeking constitutional interpretation is more relevant to our current case because the former demands citizens and pertinent stakes to engage in nationwide dialogue and discussion which is hard and irresponsible to hold during this pandemic time the country is in right now.
We hear some saying that the constitution could not be interpreted, he opined, but interpreting is possible because constitution is a document that has a life, and it should be updated to move along the current actual economic and societal as well political realities on the ground from local and international perspectives.
House of Federation and Constitutional Inquiry senior experts and professionals should come together to frame the interpretations as per the contents in the constitution. He also recommends other political parties to par take in discussions to enrich the interpretations.
While preparing to hold general election in August, the country was hit but the COVID-19 pandemic, which has turned the election plan upside down. National Electoral Board of Ethiopia (NEBE) has announced that it will be unable to conduct the 2020 national elections due to the COVID-19 pandemic. Subsequently, the House of Peoples’ Representatives approved the election postponement.
Debebe Hailegebriel, for his part noted that it has legal and constitutional base to seek constitutional interpretation.
The constitution lacks clarifications on ways to govern the current crisis; and when constitution comes short, one way to manage the situation is through interpretation.
For instance, Article 58(3) says the House of Peoples’ Representatives shall be elected for a term of five years, and that elections for a new term shall be concluded one month prior to the expire of the House’s term. This article assumes normal conditions, but it is not clear on how to manage when such exceptions arise.
He further noted that before twenty eight years back Ethiopia was in transitional government stage for two years also got another additional two years, why not now given the high stakes involved.
And also since elections are not a one-day event, but to any more than a country a month long election scheduled that is more controversial so the seeking constitutional interpretation resolution one way out.
Both calls on politicians to cooperate and play a constructive role rather than the opposite at a time when there are several challenges facing the nation.
It was learnt that the Parliament approved a resolution on seeking constitutional interpretations out of four legal options proposed by the government to postpone this year’s general elections, including dissolving the parliament; declaring a state of emergency; or amending the constitution to tackle the constitutional crisis it might face by extending the general elections next August.
The Ethiopian Herald May 13/2020
BY MENGISTEAB TESHOME
