Tuesday, April 28, 2020

#Ethiopia

Our Tegaru friends are up in arms about my comment on the region's intent to hold election in August. Hold your horse.
1) I said the constitution does not give power to organize elections to regional states. It establishes a single National Electoral Board ( NEBE) Art 102. The election law ( Proclamation 1162/2019) creates regional chapters of NEBE with mandate to execute whats delegated to it by the federal NEBE. It is not an autonomous entity like other regional agriculture department for example. Had it been envisioned to be autonomous, it would have been established by action of the regional council not federal. Thats why the federal NEBE was in charge of Sidama referendum instead of SNNP body. So Tegaru brothers and sisters, despite enjoying a much more stronger autonomy today, as far as election is concerned, you fate is in the hands of the feds, just like the rest of us. Let alone election, you know NEBE will be in charge even if you decide to opt for referendum via 39(5). ( Btw I did not write the constitution. You know who did. I am just interpreting it.)
2) But you have options. The first is convince NEBE to organize regional level election or delegate power to regional chapter to do so. Good luck with that. The second option is search for loophole in the constitution. For in stance you can argue that if federal government fails to organize election, regional governments can organize one to protect itself against being an illegitimate government when its term expires. You might win this argument at house of federation but I am not sure. The last option is ignore the feds and organize election independently. That would be another step towards unilateral declaration of independence. Do you want that? Your call.
3) The feds also face similar constitutional crisis as Tigrai state. The term will expire in September, they said they cannot hold election in August as initially scheduled. And there is no constitutional way of postponing the election. They are looking into dissolution of parliament as in Art 60 or constitutional amendment. Neither will be legal and/or legitimate. Once its term expires, it will not have moral or legal authority over states or citizens. Of course, it could resort to use of force to cling to power or enforce its will. Thats different ball game. But I am talking about legal means.
4) Hence, both for regional and federal governments, for ruling as well as opposition parties and for the country as a whole, what is best is neither looking for some silly legal loophole nor resorting to use of force. The best and perhaps the only constructive way out of this constitutional crisis is negotiation, dialogue and bargain among stakeholders. Stop the pissing contest and come to the negotiating tables.
Finally you EPRDFites ( or its warring children PP and TPLF) never used to playing by the rule. You are accustomed to bending it to your wishes. Time to learn how play within the law rather than trying bend it. It is actually not that bad. Try it.
Sireerraa malee seerarraa waliif hin ka'an says an Oromo proverb.

By Jawar Mohamed

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