Declaration of the Democratic Federalism Coalition on the postponement of the elections

TThe Ethiopian National Electoral Board has announced that it will not be able to hold the 2020 national elections due to the COVID-19 pandemic. Later, the representatives of the People’s Chamber approved the postponement of the elections. According to the constitution, the government’s term is five years, which means that the current government’s constitutional term will end on October 10, 2020. With this in mind, the government has put forward four proposals as possible solutions to manage the vacuum of power that would occur when your current term expires on October 10. After a careful and considered review of the proposed alternatives, we, the undersigned parties, issue the following statement.

1. The constitution makes it clear that power must be acquired only through a periodic election held every five years, and a government’s term is strictly five years. The electoral board has announced that it will not be able to hold the elections before the current government mandate expires. And there is no legal basis that allows the government to legitimately remain in power after October 10, even for a single day.
2. We have carefully reviewed the four possible solutions proposed by the government to manage what would eventually become a constitutional crisis. We have concluded that none of the options presented provides a legal basis for extending the current government’s mandate beyond its five-year limit in the event that national elections, although for understandable reasons, are not held on time. The constitution does not allow the declaration of a state of emergency specifically to postpone an election or extend the mandate of a government. The dissolution of parliament in accordance with Article 60 only allows elections to be held before the expiration of the five-year term. This article cannot be invoked to allow term extensions beyond five years. Carrying out a constitutional amendment to add an article or clause that allows the postponement of an election and / or the extension of the mandate not only negates the spirit of the constitution, it is a complex process that requires public debate and deliberation. That cannot be done during a pandemic in any meaningful way.
3. The fourth option, constitutional interpretation, which is favored by the government, is not a legal and legitimate reason to postpone the election or extend the mandate of the incumbent. Although the Federation Chamber has the power to interpret the constitution, it can only do so in disputed matters contained in the constitution. Unfortunately, the constitution does not stipulate a mechanism for postponing elections or extending the terms of office. Furthermore, the constitutional interpretation of a legislative body overwhelmingly controlled by a single party, whose members were elected through an election that we know was manipulated, amounts to the imposition of the will of a single party. Therefore, in any case, this option erodes the legitimacy of this government even more, instead of lending it credit.
4. It is our opinion that, to collectively and effectively combat the pandemic while preparing for elections, the best and only option is to seek national consensus among political parties to legitimately fill the looming power vacuum.
5. We would like to strongly emphasize that extending the government’s mandate by any other means lacks political or legal legitimacy and could lead to a political and security crisis, which the country cannot afford at a time when it needs a unified front to overcome the challenges. multifaceted that the pandemic poses.

To find a legitimate solution to the impasse through the achievement of a national consensus, we believe that these principles should be put into practice:

1. Deliberation and negotiation must involve all political parties that are registered and qualified to participate in the 2020 elections.
2. Deliberation and negotiation must be facilitated by entities that do not have a direct participation in electoral affairs and do not have a personal interest in the result.
3. The final agreement reached by the parties must be binding.

After years of struggle and sacrifice by the Ethiopian people, it was two years ago that we embarked on a transition that we all hoped would usher in a new era of democracy. Unfortunately, no negotiations and deliberations were undertaken that would be vital to a successful transition. Consequently, as we get closer to the elections, the tension has begun to increase and the political space has been further reduced, diminishing hopes for a successful transition to a democratic order through a free and fair election.

The postponement of the elections due to the pandemic can be used as another opportunity to deliberate seriously, correct the mistakes made in the last two years and get the transition back on track. Therefore, we call on all parties to take advantage of this opportunity and participate in a round table to seek a legitimate political consensus on how to handle the constitutional crisis facing the country. To this end, we have prepared a detailed proposal and action plan in line with this recommendation, which we will present in the negotiating forum once acceptance is called.

Co-signatory members of the Coalition for Democratic Federalism:

Oromo Liberation Front
Ogaden National Liberation Front
Oromo Federalist Congress
Agaw National Congress
Mocha Democratic Party
Kaffa Green Party
Tigray Arena for Democracy and Sovereignty

Peace, freedom and democracy for all peoples!

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Editor’s Note: This statement has been edited for style but not for content.

Main photo: Opposition politicians in a discussion from the Prime Minister’s Office; November 27, 2018; Prime Minister’s Office

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