A
Constitution should work for the people and not against them
By
Amare
The
opposition's rejection of the official results
and vows to challenge them in court and possibly through protests,
strikes and a campaign of civil disobedience must not and ought not
to be interpreted as 'declaring war on the Constitution.'
The
press releases, coming out of the government upon the announcement
by the NEBE of EPRDF's victory, seems to have one overarching goal,
that is, to deny the people to exercise their human rights, rights
that existed notwithstanding the Constitution. In fact, a
Constitution primary goal is but guaranteeing such rights.
Thomas
Paine, in his RIGHTS OF MAN (Book 2, Chapter 4 - �Of Constitutions�),
defined what a constitution is and what is does. I think it is still
a valid definition of the concept.
A Constitution exists
to ensure that a government operates for the mutual benefit of all
its members, a document is drawn to categorically state what will
�constitute� the government � what its powers will be; what it
can do; and what it cannot do. This document is called a
Constitution. �A constitution is not the act of government, but of
a people constituting a government�. He went on to state that the
government itself was not a party in this compact, but the results
of it: �To suppose that any government can be a party in a compact
with the whole people, is to suppose it to have existence before it
can have a right to exist.� This is why the People have an avenue
in amending the Constitution without the aid of
Congress/Parliament."
Therefore, a
constitution is the property of a nation, and not of those who
exercise the government. The citizens are the mutual owners of the
Constitution. They elect representatives to govern the society
according to constitutional principles. They as owners of the
document have the responsibility to ensure that the representatives
abide by its principles. If the representatives are not adhering to
the Constitution, it is the citizens' fault for allowing them to do
so. They must be allowed to use legal means to rectify the
situation. Bad leaders count on the silence of the People.
This is the problem
with Ethiopian politics. Governments shamelessly use the
Constitution to protect their power. The government does not need to
forewarn its opponents not to protest an election result they deem
unjust. They should be allowed to pursue all legal means with a view
to getting justice. If they believe they are not satisfied with the
decision of the legal system, they have the right to stage a
peaceful protest to let the government and the world know that
justice was not done. It is the government's responsibility to see
to it that justice is done.
Ethiopia expects wise
and selfless leadership from all parties. Self serving action of any
party is a recipe for destruction. All Parties, the EPRDF, and the
opposition, must first place the interest of the country and its
people ahead of their parties interest. The current situation is a
unique one. Many mistakes have been committed before and after the
election.
The government if
acted in good faith could have dissipated with a stroke of a pen any
appearance of a fraudulent election by just re constituting the
National elections board notwithstanding the legality of its
continued existence. This would have been a good gesture and a
forceful show of good faith and commitment to a fair and just
election. The opposition must have persisted in demanding that a new
national elections board be established. They did demand. They
should have galvanized the public with peaceful protests, strikes
and the like for the establishment of such a board. They have not
done so and now they and the people find themselves in this impasse.
Let us give the
opposition the benefit of the doubt and say they hoped against hope
that the post election investigation might turn out to be a fair
process. I don't have all the facts to state that the process was
not fair simply because the Board declared EPRDF the winner and that
the Board was established by EPRDF. The process might have been
fair. The burden of proof lies on the opposition to show it was
unfair. They must gather their evidences and proof and show to the
Courts it was unfair. Moreover, they must show it to the Ethiopian
people and the world as well.
The government must
refrain from threatening the opposition for not accepting the result
of an election they believe is fraudulent. That is what democracy is
all about. The opposition's rejection of the result of the election
must not be seen as a rejection of the democratic process as some
would have us believe. So long as the opposition parties avoid any
violent means of struggle and engage in a peaceful way to demand
fair and just process of investigation, they must not be put down by
force or the threat of force. In the case of Ethiopia, the
opposition, I argue, must not be forced to accept even the decision
of the Court which is to be presided over by the Chairman of the
same Board the opposition is accusing of being partial. The
government must put itself in the shoes of the opposition to see
their mistrust. It should do whatever it could to build trust. It
could have done this in the past and it could do it now. It only
requires a willingness to see the country and its people move
forward.
The opposition
parties have called for the formation of a National Unity and
Reconciliation Transitional government as a way out of the present
political impasse. In the opinion of this writer, such a call is
unwise.
If they believe the
establishment of such a government is a panacea for Ethiopia's
political problem, they should have struggled for such an outcome
all along and should not even have entertained the idea of competing
in an election. After having gone through the process, whether fair
or unfair, to now call for such a new arrangement in the wake of
'losing' an election makes them unwise. See it this way. Let us
assume the Board just declared the opposition parties the winner of
the election, will the opposition parties still call for a formation
of a National Unity and Reconciliation Transitional government? Was
it for such a government that they have competed in the election? If
so, they have not told the Ethiopian people. Is it only when the
opposition is declared a winner that the election will have to be
said free and fair? I don't think this has any validity as a
reasonable argument. It has never been seen in history where a
winning party abandoned its victory and formed a coalition
government with the losing party or even worse to abandon its right
to form a government and agree to form a Transitional government.
This is laughable. EPRDF's rejection of such a call I think is
right.
Yet, I don't deny the
situation of Ethiopia is so precarious that the government, the
parties, and the people should strive to come up with an innovative
solution. This writer humbly submits the following as a possible
approach to resolve the impasse.
Hold a re election on
all the contested areas. The election must be run and monitored by a
new Board which all the parties deem impartial. Will such action
contravene the existing law? Sure it does. But all must note that
Ethiopia is in the arduous process of building up a democratic
process and amending an existing law to chart a path that would
stand the test of time as fair and just is worth undertaking. In so
doing, EPRDF will prove to all who want to see that it stands for
fairness, justice and democracy. Will they see it as going
unwarranted extra mile? They sure do particularly those who might
fear losing power. But I think the people might see such an honest
act of sacrifice as noble and might even reward them with a huge
mandate.
Hold fund raising
campaign from within and without. Let all Ethiopian specially those
living abroad fasten their belt and commit themselves to underwrite
the entire cost of holding the election. It can be done. Let
Ethiopians abroad shoulder the entire cost of fielding the polling
stations with international observers.
Work on short time
frame to hold the election.
The acceptability of
such a proposal is very unlikely in the camp of EPRDF. Yet remember
even PM Meles thought the idea of holding another election is a good
idea. In any case, however, the government must cease from warning
the opposition not to violate the constitution. I don't think they
need to be reminded of the fact that there is a struggle that is
unacceptable and there is a struggle that is acceptable. In as much
as they remain within the existing legal framework and wage their
struggle, the government in fact must give protection to such a
struggle. After all, that is what a government of the people, by
the people, for the people, is supposed to do.
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