Seeking constitutional interpretation: A doable way for addressing election postponement clash

Ethiopia has now found itself at a crossroad to determine which body will be responsible especially after the end of the term of the incumbent—September 8, 2013 E.C. This bewilderment emanates from the rife of Corona virus across the globe as it has hindered the timely conduct of the long awaited national election. Not only has Ethiopia been forced to postpone its election time but a number of countries have been entered in a state of compulsory measure to do so. This means these countries have principally preferred salvaging the lives of their respective citizens to conducting elections at the expense of the mass, basically running to power. It is well recognized that the life of a country is the life of its fellow citizens since it is hard to think of a nation without its population. So the measure these countries have been taking is a pretty excellent step. So has Ethiopia.

It is not clear for many why some political parties have argued about the postponement. What makes Ethiopia’s election exceptional? Are its political parties thinking of one thing—power or does the nation have Corona-proof generation to engulf and vote to whom they prefer. Recognizing such a perplexed situation, the FDRE Council of Constitutional Inquiry has tried to seek a constitutional interpretation thereby addressing electoral postponement provoked by COVID-19 virulent disease. The council also screened specified number of legal experts to carry out the relevant discussions upon the issue as well as planned to exhibit the outcomes to the general public at the end of the day Obviously, in any democratic country power should be assumed solely via ballot box and the election must principally be Free, Fair, Democratic, Peaceful, Reliable and Regular (FFDPRR). For developing countries like Ethiopia, the FFDPRR election is regarded as a gradual process as it takes time and needs thorough public discussions to make elections defined. Since the democratic culture of the country is also at its infant stage, an overnight process of all right is going to be a nightmare. To the surprise of everyone, Ethiopia has been trying to make its elections in line with these parameters as much as possible. Following the challenge the COVID-19 has posed on it, the country is highly forced to postpone its election, obvious. The postponement in turn pulls unprecedented problems that have made many contestant parties shout loud. These parties may be the one who are running towards power for the first time or those who have missed opportunities due to their reckless and self-centered gesture.

The theme of this piece is not how a power is assumed or who is going to seize the next circlet. Rather it revolves around the civilized political culture the country has to develop so as to come up with a well defined democratic culture and society with civility. Legal experts and scholars, qualified constitutional lawyers and other professionals have undertaken potential discussions on how to solve postponement-borne challenges. Such a democratic culture has not yet been put into practice so far. The constitution has to be well interpreted to make the election postponement procedure reliable and the recommendations or decisions legitimate as much as possible. The aforesaid dialogue on the constitutional interpretation purely portrays Ethiopians do have full potential to do whatever they need and their country demands.

Captivatingly, a number of ideas have flooded from different bodies especially from the contestant parties and other political elites. Even some are heard of saying that the potential solution for the existing confrontation is establishing transitional government not employing the outcomes of the constitutional interpretation. On the contrary, some others have said since transitional government has no constitutional ground and no any other means can be entertained to peacefully and democratically lead the nation, there is no option other than prolonging the tenure of the incumbent.

Right after the official declaration of the extinction of the COVID-19, preparation for the conduct of FFDPRR election should be commenced either on behalf of the ruling party or that of all contestant parties; because an election that digresses these parameters could by no means be tolerable. However, futile attempts deviating from this normal track have never been acceptable. So long as all political parties are expected, have, to work for the development of their beloved nation and for the progress and improvement of the lives of fellow compatriots, (this should be their common agendum, of course) they have to comply with the constitutional trends as it is the mother of all laws.

In simple terms, as the time the country and its people find calls for sympathetic spirit, all have to be in a position to accept the decision of the constitutional interpretation outcome that would be expressly declared by the Council of Constitutional Inquiry. If the case is not compulsory and simply a mere reason to superficially prolong ruling term, citizens of all walks of life can make complaints. But the situation we have now been experiencing is a global challenge from which no one or no country can escape. Even it is forbidden to convene being three or more let alone conducting election being engulfed at squares and wide public gatherings. So what is the reason or ground for some political parties to oppose the way the government is now pursuing? If there are queries and requests, the best mechanism needs to be carrying out round table discussion and pass a sound decision—all corridors are inviting now as opposed to the previous scenario. Otherwise shouting for the sake of shouting bears no fruit as even a layman can comprehend the situation we are in these days.

In sum, we all have one beloved country—Ethiopia. It embraces all and exerts unreserved effort to enlist itself among the middle income states category. To do all this and come out of the awful wave, seeking constitutional interpretation is the right and incomparable way to tackle election postponement clash and to well surmount the confusion, bafflement and some sort of contention.

Editor’s Note: The views entertained in this article do not necessarily reflect the stance of The Ethiopian Herald

The Ethiopian Herald May 27, 2020

BY MENGESHA AMARE

Recommended For You

Leave a Reply

Your email address will not be published. Required fields are marked *