BY FITSUM GETACHEW
Constitutions are the supreme law of any country and even when there are no written constitutions (and the famous example of UK is often cited), there are other legislations that are given or retained to be of such importance and all other legislations are considered of less importance and required to abide by such provisions.
In most cases countries have constitutions that are deliberated and drafted by a selected group of people representing the population’s key interest groups which could be contained in political parties, civil societies or other interest groups of youths, religious bodies etc.
All these people express their ideas and reflections on what should the constitution look like and that all other legislations will have to be subordinate to it.
There is no one single manner of drafting and approving constitutions because it depends on the political history and tradition of a country and what forces are at play and need to be consulted before it is decreed and promulgated. There are variations hence on how these constitutions are drafted and approved before being promulgated and getting into vigour.
Ethiopia has had a few constitutions across the past several decades almost a century old, beginning with the very first one decreed in 1931 by the emperor who “on his own free will” handed over a constitution to his people outlining the power structure of the monarchy.
It was more or less copied from the Meiji Constitution in Japan and had all the hallmarks of a document that purely legitimized the authority of the emperor as opposed to his entourage composed of the aristocracy, the military and the rest of the population.
It dwelt at length on how the succession to the throne is carried out and gives all privileges and prerogatives exclusively to the emperor. Unlike most constitutions which are intended to limit the powers of the executive from abuse, this monarchical constitution just attributed and legitimized all powers in the hand of the emperor.
Later on in 1955 the so called Revised Constitution was promulgated but there were few variations and there were not substantial changes introduced. The powers of the emperor remained intact as did the little consideration given to citizens.
After the downfall of the monarchy, the so called Peoples Republic of Ethiopia’s Constitution was decreed; the Derg Constitution of declaredly socialist inspiration. It was decreed in 1987 a few years before the downfall of the Derg or military junta. It had some phrases borrowed from socialist inspired constitutions of Eastern Europe.
Then came the constitution of the FDRE drafted and approved by the TPLF EPRDF dominated government. The country is still governed officially by this Constitution. It is the document that gives legitimacy to the current Prosperity Party and the government and other institutions actually in vigour.
Now, laws of any type are made or produced to run government and society and relations between peoples, between government and citizens, between citizens and institutions. Without laws the world would be a vast wild jungle not regulated. Anarchy could result and disputes would be settled with pure force.
That is why people need laws that run their affairs and their relations of all types. And of all laws the constitution is the most fundamental and important one because it outlines the basic values of the society and leads its direction, the government and the various interactions among citizens.
It also regulates its relations with other nations in the international sphere because things that are contrary to the values of the people cannot be implemented or be accepted in the country.
The constitution allows for international pacts and treaties to be adopted internally as part of domestic law only if the constitution provides for them.
No laws of a country can contradict the constitution as they are all subordinate to it. But as any human activity, constitutions as well and laws in general are subject to variations, amendments as social relations vary and new developments emerge or mature forcing or pushing for changes. The society of twenty five or thirty years ago is not the same as the one we have now.
The society of a century ago was not the same as the one that succeeded it later on, but earlier than today. And the laws had to mutate and to vary depending on the needs of the times with circumstances, laws need to change accordingly. Even the change in demography is a motive for change in the laws.
A change in the dynamics of the society results in the laws. The age group structure, the level of education and the general maturity of the population requires that changes be implemented. And the mechanisms of changes are normally included in the documents themselves.
In the recent past for instance we have seen Family Law, Business Law, Criminal Law, International Law or other forms of law change and adapt to current realities. As world situations change, even international laws and practices have to change along with the newly emerging realities. So do constitutions and they have their own mechanisms of amendment.
The law must go hand in hand with the reality on the ground or it will be irrelevant or ineffective. Vacuums must be filled with appropriate and timely legislation because not all human activities can be predicted and regulated ahead of their emergence. Analogies may be used but they do not always respond adequately and injustices may occur.
At times it is the law that anticipates the reality while at others, it is the law that follows the events and then gets adapted. The practice may dictate new laws and new regulations. For instance with the emergence and spread of social media we now need new media laws. And many countries have studied the case and drafted and decreed new laws to legally regulate situations that have developed with the usage of the social media.
With the emergence of terrorism we needed new laws to regulate or fight specifically terrorism. With the emergence of human trafficking or peddling the organs of people, or new financial crimes, we needed to legislate new laws.
The same could be said with the emergence of new political realities on the ground. When the major premises or the raison d’être of a certain law are changed, then we need to change the constitution that was a result of that premise as well.
The constitution should not be the document of a certain interest group only or else it will be undermined by the rest of the people. That is why we need to take care and deliberate on it taking all the time we need when we both draft it as well as when we want to amend it.
The case of the FDRE constitution is of maximum importance now for the survival of Ethiopia as a state and its future development. This constitution has had lots of controversies and unfortunately it is considered to be ‘the document of a single dominant party’ which tried to lead the country to the goals it had in mind! Many have accused it as a one sided document that reflected only the desire of the ruling party or ‘the victors’ in the struggle against the military regime.
Now that this party is facing extinction due to its criminal behaviour in the past couple of years, there is now need to restructure the constitution of this country taking into consideration the new political landscape in the country. This is a view entertained by many observers, experts and academics in the profession.
Ethiopia is truly at cross roads like it has never been during the past several decades. May be its true future could be determined by what we choose to do or fail to do today. The recent ‘law enforcement’ campaign in the north has created a new socio-political scenario not only for the people of Tigray region but also to the entire nation.
The most probable expiration of TPLF as a legal political entity creates a huge opportunity both for Ethiopians in general as well as Tigrayans in particular to have a new, more open and transparent, and democratic government if we choose to seize the moment.
At the same time, it is also a historic moment for the country because finally the dark forces of autocracy and hegemony of a few people, highly networked and extremely powerful group of people, amassing practically the entire wealth of the country, has been pushed away from their pedestal. This is a major shift in the power politics of Ethiopia.
For thirty years TPLF has been the most dominant force in the political sphere of the country, the one that made and unmade the policies and ideologies of the country. No other power got even remotely near to its influence and dominance and a party that did not represent its own people which in numerical terms did not even constitute 6% of the entire population of the country monopolized all the authority, the armed forces and the economic establishment.
At the same time, it created the state and the legislation commensurate to its long term ambitions, burying deeply ‘the time bomb of ethnic animosities and rivalries’ that would always keep people busy bickering among one another. It was indeed a devilish plan. In fact, the new generation of youths have been grown with the idea of a country that was divided among regional states meant to foment divisions and hence powerlessness in the name of self determination.
The constitution does not even talk about a country called Ethiopia in the very premise introducing itself with the vague and invented terminology called ‘we the nations, nationalities and peoples …’
Now that TPLF is practically dead and buried, Ethiopians will have to liberate themselves from the bondage of TPLF ideas and frame of mind imposed on them. At the same time, Ethiopians must realize that the general atmosphere of the country must change totally in conformity with the new reality on the ground.
Ethiopians must come back to their senses and discredit totally all the narratives invented or exaggerated by TPLF and its servants. Books that have rewritten history in a falsified manner must be reviewed afresh and even the department of history at the Addis Ababa University that was deliberately undermined because it was not easy to change all history books or even neutral academics will have to be rediscovered with a new vantage point.
All documentation prepared on purpose to conform to the narratives of TPLF or to suit their political agenda need to be reviewed critically rather than submit to dismissal labeled as legend or myth. Ethiopia’s long history, denied just because it did not suit the long term plans of TPLF now need to be reconsidered with new light.
Hence Ethiopians must now wake up from their ‘three decade slumber’ and save the nation for which uncountable people with patriotic love and fervour sacrificed their lives to preserve their sovereignty, integrity and dignity from repeated alien invasions. The risks today as well could be nearer than most might like to admit.
The need to thoroughly revise this TPLF dictated constitution is hence indisputable even if the how and when could be discussed in a civilized manner at extensive and protracted discussions involving all key stakeholders. It is hence easy to see a new light of hope for the country too much neglected and dismissed for the sake of the glory of a few greedy elements.
What we need to consider seriously is not to repeat the mistakes committed in the past and rather learn from them and lead the population through this significant transition.
We need to abandon antiquated rhetoric and invented narratives but focus on what the present and the future should look like: a multi lingual and multicultural society formed on the foundations of equality before the law, rule of law and good governance that eventually guarantees the principles of democracy.
Amending a constitution is no joke. It is not as easy as it looks or sounds. There are major forces at play, major interests that could ignite emotions because the influence of the inheritance of the corrupt narratives of TPLF has darkened the psychology of millions. They have been systematically planted in the minds of millions.
People who were born since the advent of the venomous TPLF have never had the chance to know their true history, their true country. They were brought up learning about only their ethnic origin missing the bigger picture of a rich nation, full of glorious common history.
That is why we may need more time than we think to straighten things! We need to uproot the venom this party, this ‘family controlled reality’ and replace it with a healthy plant. To do that time is of essence. Patience is of essence.
Extensive education is of essence. But the future can only be bright and the light at the end of the tunnel is visible. As has been stated several times in the past,‘Yes we can!’ must once again be our new motto !!!
The Ethiopian herald December 31/2020
