The constitution meets reality

I have been looking into Ethiopia's constitution and its relevance to events in the recent past. The constitution spells out, with some specificity, the rights citizens have. It is sad and frustrating that, time and again, those in power ignore the provisions of the constitution just to hang on to power. For any serious observer of the EPRDF government's practice, the citizens enjoy the rights in the constitution only if the Prime Minister agrees to it. The constitution should, therefore, be amended to indicate the supremacy of the Prime Minister as opposed to what is in Article 9. I have taken some liberty in suggesting the revision so what happens in Ethiopia can clearly be understood.

Article 9
Supremacy of the Constitution
1. The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Constitution shall be of no effect.

2. All citizens, organs of state, political organizations, other associations as well as their officials have the duty to ensure observance of the Constitution and to obey it.

3. It is prohibited to assume state power in any manner other than that provided under the Constitution.

4. All international agreements ratified by Ethiopia are an integral part of the law of the land.

Revised Article 9
Supremacy of the Prime Minister
1. The Prime Minister is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Prime
Minister shall be of no effect.

2. All citizens, organs of state, political organizations, other associations as well as their officials have the duty to ensure adherence to the Prime Minister and to obey the Prime Minister.

3. It is prohibited to assume state power in any manner other than that provided by the Prime Minister.

4. All international agreements ratified by the Prime Minister are an integral part of the law of the land.

Article 15

Right to Life

Every person has the right to life. No person may be deprived of his life except as a punishment for a serious criminal offence determined by law.

Revised Article 15:
Every person has the right to life. No person may be deprived of his life except as a punishment for a serious offence to the Prime Minister and as determined by, of course, the Prime Minister.

Article 17

Right to Liberty

No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law.

No person may be subjected to arbitrary arrest, and no person may be detained without a charge or conviction against him.

Revised Article 17:
No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by the Prime Minister.

No person may be subjected to arbitrary arrest, and no person may be detained without a charge or conviction against him except by the consent of the Prime Minister.

The change could go on but I will stop here.

In all seriousness, there is a lot to like in the constitution even if it is not applied as it should be. I believe there are areas that need amending such as article 39 (I will try to look at it another day).

At the moment, leaders are arrested for no other reason than encouraging their supporters to peacefully express their dissatisfaction over the election results; other have been arrested en masse for believing in the constitution’s guarantee of right to life, liberty and assembly and exercising it. It may be difficult to hope for better days in the face such oppression. But we should not give up hope. Rather, those of us who have the privilege of living in freedom should continue to be the voice of those whose voice is muzzled by a tyrant as they peacefully struggle for democracy.

I look forward to the day when the constitution means what it says and all persons including the Prime Minister are equal under the law. I look forward to a day where the people’s tears over random government killing and over mass arrests of their loved ones are but a distant memory. I have hope because tyrants don’t live forever and the Almighty God is on His Throne.