State of emergency strengthening rule of law
Toumelisan GebreWold
Currently, the enforcement of state of emergency is in full swing. Defense Minister Siraj Fegessa on February 27, 2018 stated that security forces have been given the mandate to implement the true spirit of the state of emergency in line with the principle of safeguarding human rights.
In line with this, Minister of Foreign Affairs, Workneh Gebeyhu (Dr.) had earlier assured members of the diplomatic community residing in Addis Ababa that things are under control and that they should conduct their business as usual (though foreign missions and the international community are expressing their concern over the recent state of emergency and prescribed to the peaceful and smooth transition of power following the resignation of the PM).
In his briefing to the diplomatic community, he firmly stated that the country is peaceful from corner to the corner, the institutions in the country are working without any problem and the selection of the new prime minister is being conducted without any problem in accordance with the law of the country and the bylaws of the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF).
Needless to mention, the turmoil that was and has been orchestrated by anti-peace elements is very much challenging to restore peace and order and resume normal life by the regular activities of police and security forces. Hence, it was and has been absolutely necessary to enforce state of emergency as per the due process of law.
With all these concerns and reactions from the diplomatic community, nation has allayed the diplomatic community that current situation will not go out of control and law and order will be restored soon. It also assured members of the diplomatic community that they do not have to worry about the situation; it advised them not to worry and resume their usual activities.
Amazingly, AUC has supported the reform measures being taken by the government of Ethiopia and it called for Ethiopians to stand with this reform agenda, so as to restore peace and stability in the country. The AU’s support to the reform and measures taken by the Ethiopian government is due to Ethiopia’s role both in the region and the whole continent in promoting peace and stability.
Many viewed Ethiopia as the island of peace and stability in the war torn-torn region of east Africa, and any problem in Ethiopia might affect the entire region that in turn will affect the trade and commercial activity on the Red Sea.
Presently, the rank of elements working hard at destabilizing Ethiopia and subjecting its people to an inextricable political crisis was seen swelling a week ago, and now ebbing and subsiding following the news of declaration of state of emergency and its ensuing enforcement.
Similarly, the country’s historical enemies were and are coveting to exploit directly or otherwise geopolitical tensions in the region. These anti-Ethiopia elements are hell bent on destroying Ethiopia’s reputation as an oasis of political stability, oblivious of the devastative implications and spillover effects to the volatile region of east Africa.
The political development in the eventful week of the February 12-18 had been quickly changing, both to the local and international followers. It is worth remembering that announcement of a state of emergency had been made by the Council of Ministers following the release of prominent imprisoned politicians and the resignation of the country’s top political appointee.
Nation has declared state of emergency to try to control the violent unrest that has been rocking the country. The declaration on February 16 came a day after Prime Minister Hailemariam Dessalegn tendering his resignation. Now, Ethiopia is undergoing a state of relative tranquility progressing with time, to reach its normalcy as quickly as possible.
Following the resignation of the PM and the news about enforcing state of emergency, some embassies and international organizations are expressing their concerns. Some had even gone further and criticized the government. They said it is not relevant at this time to enforce state of emergency, oblivious of their blatant interference in the internal affair of a sovereign country, while Ethiopia is fully authorized to deal with its own internal matter the way it fits its national interest.
Despite this very fact, however, Ethiopia is playing great role to support the peace and stability of fragile countries (like Sudan and Somalia) in the region, so as to ensure prevalence of rule of law, peace and security. Hence, some say, therefore, the concern and the criticisms of other countries are not merely for the sake of criticizing Ethiopian government and the measures it took; rather, possibly when many of the countries expressed their concerns, it might have emanated from their national interest.
Though many have raised their concern regarding the news of imposing state of emergency, there are others who reject the criticism. In the eye of the proponents of the would be state of emergency, there is nothing wrong in declaring this instrument of rule of law(however, the issue here is that other countries are not considering the matter in a balanced way).
Earlier, many countries had declared a state of emergency based on tangible need and situation they encountered at various times (for example Egypt, Turkey and the US had all declared the state of emergency earlier). For instance, after the 9/11 incident the US had declared state of emergency and some of the provisions of the declaration were extended. Therefore, challengers have to accept that the state of emergency as they had made it applicable in their respective territories.
Countries that expressed their concerns over the declaration of the state of emergency should instead focus on pushing the reinstatement of normal conditions after the expiry of the declaration.
Unabashedly, some illegal and immoral individuals have continued their devastative activities to incur more damage and cause undying conflict. Hence, it has become a must to declare state of emergency in areas that are prone to problems of instability, caused by anti-people elements. The current state of emergency is expected to help strengthen peace and stability of the country.
Worth remembering, the first phase state of emergency was declared last October by the Council of Ministers, to help enhance peace and stability across the country. The declaration was made following vandals and arsonists wreaking havoc in the lives of innocent civilians, killing dozens, destroying property, setting ablaze various investment endeavors and putting the constitutional order of the country at stake.
Currently, the country is facing the same challenge, even in a more aggravated level vying to spread across the country. It has also been said that it could not be possible to secure peace and stability of the country using the regular activities of police and security organs. Hence, it has become a must to enforce state of emergency and secure the peace and stability of the country and restore situations, back to normalcy.
From the start, news of prevalence of declaration of a state of emergency has helped to curb the devastation which has targeted factories, farms, infrastructures, publicly and privately owned machineries and vehicles. The scale of human crisis and loss of property might have been unimaginable and incalculable had it not been for the news of state of emergency( that would be put in to effect to restrain the nefarious act of plunderers and arsonists).
Currently, even if the peace and stability of the country is sturdy enough to fend off destructive forces, it has become a must to check the progress of the state of emergency. Doing so helps scale up the peace and stability of the country to an irreversible level, help sustain constitutional order and gather momentum of development endeavor, which is well on progress to absolve the country from abominable poverty.
Applying state of emergency has taken into account the situation on the ground and possible alternatives based on opinions of the community. Accordingly, people had said they wanted the decree to be enforced for it may secure peace and stability and safeguard their movement to and from their business. The declaration had intended to stabilize the country further and insulate human rights during the time of enforcement.
State of emergency, which is about to swing in full force, will be annulled when situations on the ground prove that the country has been stabilized very well and activities of development has been going in an encouraging manner; stability of the country and the declaration hitting its target of producing irreversible peace.
In this regard, Art. 93(a) of the Constitution decrees the essence of asserting state of emergency related to external invasion, break down of law and order which endangers the Constitutional order and natural disaster or occurrence of an epidemic which cannot be controlled by the regular law enforcement agencies and personnel.
Any government including Ethiopia’s act upon its own discretion as to the need for and the timing of declarations (i.e. state of emergency occurs when the government believes a disaster has occurred or may be imminent that is severe enough to require state aid to restore peace and stability; supplement local resources in preventing or alleviating damages and loss).
This discretion emanates from the responsibility of government to safeguard peace and stability of the country and avert clear and present danger. The declaration authorizes law enforcement organs to take appropriate measure to enhance rule of law, restore peace and carry out, as necessary, activities of emergency operations.
Whatever the cause, declaring a state of emergency is an essential responsibility of government to deal with emergency situations. Indubitably, the declaration will prove that the country is exerting an all out effort to save lives from imminent danger and property from destruction. Hence, state of emergency has been and will be appreciated based on strengthening rule of law and effecting irreversible peace and stability.