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Major state of emergency restrictions lifted (Bereket Gebru)
The state of emergency declared in Ethiopia following the deadly unrest in some parts of the country has succeeded in ensuring relative peace in the country. With the end of the term of the state of emergency up on us, though, the government has lifted some state of emergency restrictions. The new directive explaining the lifted restrictions and those that have been sustained is called directive 3/2009.
The government stated that, it resorted to lifting some restrictions while keeping others going because it needs to fully control the threat to the constitutional system. The continued presence of security problems in some places and the popular interest to keep the state of emergency going are some of the reasons behind the need to keep the state of emergency with some amendments.
Accordingly, Article 22 of directive one of the state of emergency proclamation has been rendered obsolete. Article 22 deals with ‘attacks on public infrastructure and business entities.’ It had two provisions under it that stated:
- Only authorized employees of factories and business entities are allowed near these places between 6PM and 6AM.
- Security officials have been mandated to take action on anyone violating the curfew stated above – 22 (1)
Article 23 that deals with curfew and states “When the Command Post orders a curfew, movement of persons is prohibited” has also been revoked.
Six of the nine provisions under Article 28 that deals with measures to be taken when prohibited activities are carried out have also been retracted. This section stated: on any person not complying with the decree in section 1, Article 1-24, members of the Executive arm of the government can:
- Arrest without court order.
- Detain in a place assigned by the command post until the end of the state of emergency.
- Decide to whether teach the necessary reformation teaching and release or present them before the court when necessary.
- Secure any property that was either used or is to be used for crime to conduct an unwarranted search at any time using people in the neighborhood and the police.
- Censor and block any information, publication, picture, video or movie transmitted using television and radio.
- Search stolen properties without warrant and return to the owners.
The last three that are still in force are:
- Taking legal measures and ordering the institutions to take administrative measures on students and staffs protesting and instigating violence in education institutions.
- Detain and block people suspected of disrupting peace and security and at risk groups from specific places, and
- Take other necessary measures.
Apart from the above stated directives, the following provisions have been sustained:
- Communication instigating protest and unrest (Article 1)
- Communication with terrorist groups (Article 2)
- Refusing service to people (Article 4)
- Protesting in educational facilities (Article 5)
- Protesting around sporting institutions (Article 6)
- Traffic disruptions (Article 7)
- Causing damage to public and religious infrastructure (Article 8)
- Protesting on religious, traditional or public holidays (Article 10)
- Disrupting the work of the executive arm of government (Article 11)
- Transfer of a fire arm to a third party (Article 14)
- Committing any action that disrupts tolerance and unity (Article 15)
- Committing any act that disrupts the county’s sovereignty and constitutional order (Article 16)
- Being in a prohibited place (Article 17)
- Disrupting security forces from executing a security directive (Article 24)
As illustrated above, the major restrictions put in place by the state of emergency have been revoked. The restrictions on movement stated in Article 22 and 23 have been lifted. Six of the nine measures to be taken when prohibited activities are carried out have also been discarded. These include strict measures like arrest without court order and unwarranted search. The lifting of these strict provisions is indicative of the relative peace in the country.
Instead of extending the state of emergency with its entire force, the government has opted to lift the major restrictions. The move can be taken as an indication of the effective and efficient job done during the first five months of the state of emergency in restoring peace to conflict ridden areas.
On the other hand, the provisions that have been kept intact include: communication with terrorist groups, protesting in educational and sporting facilities, protesting on religious, traditional or public holidays, transfer of a firearm to a third party, committing any act that disrupts the county’s sovereignty and constitutional order, etc.
These actions are illegal regardless of the existence of a state of emergency. For instance, curfews infringe on the right to movement of people. Movement is not normally restricted with time, but curfews put a limit to these rights to ensure peace and security in a society at times of mayhem. However, the provisions that have been extended are illegal acts that would lead to some kind of legal or administrative penalty.
Therefore, the provisions that have been lifted have immensely softened the state of emergency with those still in place just making sure that further derisions of peace would not take place.
