By Joseph Soboka
It is her natural and political rights that Ethiopia continues to exist in peace with little or no harm inflicted on her by any internal or external force. Under no circumstance she should remain in national threat situation. All decisive and crucial measures have to be taken to maintain the country’s social, economic and political stability.
In principle, a state of emergency derives from a governmental declaration made in response to an extraordinary situation posing a fundamental threat to the country. If the threat is indifferently handled, the country will fall into the situation that costs her bloody crisis irreversibly. Social and governmental activities obviously may not be as usual; there will definitely be changes here and there that impact the everyday life of the citizens whether for good or bad.
Yet, they have to be tolerated for the good of common national security and individual’s interest. In this regard, the declaration may suspend certain normal functions of government, may alert citizens to alter their normal behavior, or may authorize government agencies to implement emergency preparedness plans as well as to limit or suspend civil liberties and human rights; such actions are not intended by the government mechanism to coerce and subdue the citizens.
In Ethiopia, the declaration of the state of emergency is needed to cop situation that involves armed action against the state by internal or external elements such as TPLF and others. With the same impetus, a natural disaster although it is not that serious, financial or economic crisis has forced the government to declare the state of emergency. It is announced that the emergency lasts only six months.
It is not like that of the dictatorial regime that may endure as long as the regime lasts. The current state of emergency is not martial law that allows the military greater authority to act. It is democratically declared by the Council of Ministers and approved by the Council of the House of Representatives of the country. It has gained the unanimous acceptance of all the citizens of Ethiopia.
It is believed that the state of emergency has a legal framework consisting of the constitutional and legislative bases for the state of emergency, and an operational framework involving the organizational structure and strategic plans for dealing with the state of emergency. It is not a situation that occurred abruptly driven by political fever.
The federal government has singularly affirmed that the following components must be compatible; in other words, the legal framework must take into account operational requirements, and the operational requirements must respect the legal framework, including international law.
Focusing on the legal framework, the council of ministers ascertained that this backgrounder will deal with democratic accountability, human rights and the rule of law during states of emergency. The use of illegal power to intimidate and coerce the people during the emergency is absolutely prohibited. Any authority implicated is held accountable, can’t get away with the crime. Nobody will be above the law, after all.
Of course the civil or political activity and rights are invariably restricted in order to address the circumstances that have given rise to the emergency situation. Those who are under the situation should not expect life to continue as it used to be. Economic pressure can affect life until the problems are put under control and it is justifiable.
At the same time, even though it is not absolutely applicable to Ethiopia, there may be a danger that a government will take advantage of a state of emergency to pursue its interests that may otherwise be impossible to avert under normal circumstance.
In Ethiopia, the very purpose why the emergency state is required its exceptional nature of the problem that prevailed in the country particularly in the north. Abreast of this, the declaration was publicly announced to inform citizens and to reduce the possibility of a de facto state of emergency. The whole idea is that if it is not announced publicly, the state of emergency restricts human rights.
During the emergency state everything is not left to the government only. The people have vital role to play. They have to provide information to the security personnel. The people, when they observe situations that are uniquely threat to peace and security, they should, without any delay, inform the concerned authorities. The achievement of the objectives of the designated people during the state of emergency is dependent on the reliable information provided by the people.
The other expected circumstance is law enforcing and security bodies may at any time stop an individual to produce his or her identity card or carry out body search. At this time, the individual should cooperate with a belief that it is all done for safety of the individual and that of the country at large. This should be accepted by the society without any doubt.
The seriousness of the emergency situation is to ascertain the safety and security of the people and the maintenance of the sovereignty of the country at a higher level. In this manner the enemies of the country can be identifies, put under control and brought to justice before they cause any harm to the people or damage properties. Nevertheless the measures taken to counter the crisis must be proportional to the gravity of the emergency situation. Such is the effectiveness of proactive action. As a matter of fact, the state should have been declared much earlier; yet, it is not too late either.
The emergency state seriously observes the Vienna Convention as regarding to diplomatic immunity. Human rights and fundamental freedoms during a state of emergency must respect the limits provided for by the relevant instruments of international and national law. On the other hand, a state of emergency does not imply a temporary suspension of the rule of law nor does it authorize those in power to act in disregard of the principle of legality.
The Federal Government has assured the citizens that for as long as the emergency state lasts, the right to life, prohibition of torture and right to recognition before the law, freedom religion and others will be maintained. Parallel to this, advocacy propaganda that insights people is strictly prohibited. Spread of fake information is also forbidden as it equally spreads panic or negligence in the people.
The people are strictly advised to get information only from reliable sources as there are many other sources engaged in providing fake news. Therefore, if the citizens desire the quick end of the crisis in the country, they should rely on reliable sources. It is also announced that each citizen should keep watch on every development around him or her and report to authorized government officials in case of suspicious situations. The responsibility is not left to limited individuals or group, everyone has crucial role to play as the state of the security of the country affects all.
The government, the writer believes, has special powers of restriction of press freedom and the prohibition of public meetings. It is announced that the government can search homes and other private places without a warrant; arrests without charges. In this manner, quite a large number of accomplices of the war crime are arrested and weapons have been confiscated with or without compensation within few days of the emergency state. If the situation is completely out of control, the government can evacuate people from their homes and places of work for the sake of national security.
If worse comes to worst, the government can regulate the operations of private enterprise and interferes with financial transactions and export regulations if they are found maneuvering the situation for their advantage at the expense of people’s livelihood and the government revenue.
As it has been observed, the government believes in the state of emergency, responsibility for government must remain with civilian authorities on the national and local levels. Security forces assist the civilian authorities in a subsidiary role. The mechanisms and approaches to help guard against abuse of the emergency is well in place.
Since the executive does not have sole authority to declare a state of emergency, it forwarded for parliamentary ratification of the decision. Procedurally, the whole process of the declaration of the state of emergency is not imposition against the will of the people.
The Ethiopian Herald November 20/2021
