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By Alemayehu G. Mariam
In Part I here, I will examine the constitutional dimensions of Proclamation No. 3/2020 and some of its key provisions, particularly from the perspective of protecting civil liberty and civil rights during the COVD-19 crisis.
In Part II, I will argue that the Ethiopian Government should now focus its attention on postponing the parliamentary elections scheduled for the end of August 2020 using constitutional mechanisms. It is evident to all reasonable minds that the August elections cannot proceed with the COVID-19 crisis that turns the country’s social, economic and political system upside down. It is foolish and downright reckless and dangerous to even suggest that large-scale election campaigns and election preparations may continue given the great uncertainties in the spread of COVID19 in Ethiopia. Due to the deep uncertainties in the growing crisis of COVID-19, the need to dedicate all available material and human resources to its prevention, treatment and mitigation, the need to effectively deal with the social and economic dislocations caused by screaming and, Ultimately, ensuring a free and fair election that can resist international standards. I will urge the Government of Ethiopia to use constitutional measures at its disposal and formally postpone the August 2020 elections for a reasonable period of time.
An ounce of prevention is worth a pound of cure: stop COVID-19 before stopping Ethiopia
COVID-19 has coldly detained the United States on its economic, social, and political tracks.
In less than 6 weeks, nearly 30 million Americans have found themselves unemployed. Most small businesses (the backbone of the American economy), schools, and government offices are closed, and there are no firm plans to reopen them by a certain date.
The powerful United States, despite its technological and medical prowess, finds itself helpless, helpless, and helpless in the face of the invisible COVID-19 army that has taken nearly a million American “prisoners” and killed more than 55,000. COVID-19 is without a doubt the most formidable terrorist army in the United States, and indeed in the world, it has never seen. The human race today lives in terror, searching for COVID-19 lurking everywhere.
A fact is indisputable. The invisible COVID-19 Army has proven to be the great equalizer. It does not discriminate on the basis of race, color, religion, language, national origin, geographic boundaries, or even species. It will attack a fearsome tiger, a kitten as easily as it would with young and old Homo sapiens.
The objective lesson for Ethiopia in the COVID-19 invasion is the United States of America, “Land of the free and home of the fugitive COVID-19. “
But on March 24, 2020, Donald Trump told the American people not to worry about COVID-19. “We have it totally under control. It will go in April in the heat.
On April 24, one million Americans are infected and more than 55,000 dead.
On April 10, Trump predicted that “the total number of deaths in the United States from Covid-19 could reach 60,000.” How many Americans will die in late summer? Only God knows!
On April 23, Trump recommended that Americans inject disinfectants, poisonous to humans, as a possible treatment with COVID-19.
The ancient Greek physician Hippocrates, often referred to as the “Father of Medicine” and founder of the Hippocratic School of Medicine, is credited with the aphorism, “desperate times require desperate measures. “
That is literally true with COVID-19. In Aphorisms, Hippocrates wrote: “For extreme diseases, extreme healing methods, in terms of restriction, are the most appropriate.”
There is no more extreme disease facing Ethiopia today than COVID-19.
There is no cure. No vaccine There is a global shortage of test kits and personal protective equipment. The human race does not have an effective defense against COVID-19. How the human race got caught with its pants on in front of COVID-19 is something I will never understand.
The fact is that COVID-19 is spreading around the world like a forest fire.
Extreme and necessary methods to face the crisis of COVID-19.
Ethiopian government did the right thing by declaring a COVID-19 state of emergency in a timely manner
If COVID-19 can wreak havoc on the medical and economic systems of the powerful, powerful United States, I shudder to think what it can do to Ethiopia.
There is no way Ethiopia can win the war with COVID-19 in close combat, literally. Ethiopians can have an opportunity to fight if they wash their hands meticulously and diligently, unfailingly practice social distancing and use other preventive measures using personal protective equipment.
The level of public compliance with such measures is woefully inadequate. Ethiopian government officials, public figures, journalists, health professionals and others are seen on television daily regretting the lack of public compliance with the recommended mitigation measures and expressing frustration at what appears to be an inexplicable public disregard for the consequences potentially disastrous COVID-19.
The facts are the facts.
Ethiopia will be overwhelmed if COVID-19 spreads as it has in America and Europe. If the medical infrastructure in the United States and Europe cannot handle the rising tide of COVID-19 cases, what chance could Ethiopia have to deal with such a crisis?
In a historical context, when Ethiopia had 70 million people in 2002, the ratio of doctor to population was 1 in 36,000 people.
In 2004, Randall Tobias, President Bush’s global AIDS coordinator, said “There were more trained doctors in Ethiopia practicing in Chicago than in Ethiopia.”
In 2017, according to the World Bank, Ethiopia had 0.1 doctors for every 1,000 inhabitants (1 doctor for every 10,000 people). Ethiopia had 0.8 nurses per 1,000 population in 2017.
In 2015, Ethiopia had hospital beds at a ratio of 0.3 per 1,000 people.
How many respirators and respirators does Ethiopia have today?
Ethiopia has more than 100 million people, but only 54 respirators of the 450 available are reserved for patients with coronavirus. The Ministry of Health would like to acquire 1,500 more. The government has ordered a thousand devices from China. But global demand is strong. Addis Ababa will have to settle for 250 by April.
The lack of supply of personal protective equipment (PPE) in Ethiopia, unlike most places in the world, is terrifying. Ethiopians in the diaspora (including the Ethiopian Diaspora Trust Fund, which pledged $ 1 million and has an ongoing COVID-19 fundraising campaign), have been working fast and furiously to secure clothing, equipment, gloves, gowns / aprons, goggles / face shields, face masks, and respirators for healthcare workers and vulnerable populations to help prevent the spread of the virus.
As of today, Ethiopia has reported 123 cases of COVID-19 and 3 deaths. Personally, I attribute that to divine intervention, because it has been written: “Ethiopia will soon extend its hands to God.”
Unlike Italy, Spain and other countries, Ethiopia has not yet done its best to create a national sanitary cord that prevents travel in and out of villages, towns and cities. There is no closure of millions of people.
The Ethiopian government has adopted a reasonable policy that allows the movement of people by balancing the interests of work, health, and social concerns. The houses of faith have cooperated voluntarily to keep their members at home or to maintain social distance in places of worship.
But low rates of COVID-19 infection and mortality should not lead to complacency.
Neither Ethiopia nor Africa are out of danger. The UN predicts that COVID-19 could wipe out Africa.
By enacting Proclamation 3/2020, Ethiopia has gone the distance in mitigating COVID-19 under the principle of the rule of law.
Contrast Ethiopia with Hungary. In March 2020, Hungary drafted a law allowing the “government to rule by decree during the state of emergency caused by the coronavirus pandemic that is in place indefinitely,” the opposition warned.
Contrast Ethiopia with Italy. The Italian government enacted a series of strict emergency measures to deal with the COVID-19 crisis. People were prohibited from meeting in public, including sports and other events. Only people with permits can travel. Cruises were prohibited from docking in Italian ports. People who violate emergency orders could be fined up to 3,000 euros per crime (108,000 Ethiopian Birr).
Several African countries have also put in place strict emergency measures to deal with the COVID-19 crisis.
The Ethiopian government has avoided harsh measures in its COVID-19 mitigation campaign. It has closed schools and strongly promoted social distancing and effective hygiene practices. It has effectively suspended the operations of Ethiopia Airlines, recognized as the best airline service in Africa. It closed land borders and released thousands of prisoners to alleviate overcrowding and sprayed disinfectant on the main streets of the capital.
Prime Minister Abiy Ahmed has rejected calls to impose a total blockade, arguing that it is “unrealistic” because “many homeless citizens” and “even those who have homes have to make ends meet.”
What is in Proclamation 3/2020?
I am impressed by the intent, consideration, and reasonable care that was taken in drafting Proclamation 3/2020.
I will focus on a number of aspects that I believe make Proclamation 3/2020 an effective political tool in the fight against COVID-19.
First, the Proclamation is carefully and narrowly written to address the evolution of the COVID-19 crises. There is not even an indication of political advantage in the language of the Proclamation, nor is any of its provisions provided as a basis for the expanded or extra-constitutional exercise of political power by the government. For me, that is one of the critical elements of the rule of law. Laws and policies should be drafted in such a way that they address the need in question or a specific objective without affecting other rights or opening the possibility of invading other rights.
Second, the Proclamation is fully written in the Ethiopian Constitution. The legal framework for the Proclamation is Article 77 (10) (“The Council of Ministers has the power to declare a state of emergency; in doing so, within the term prescribed by the Constitution, it will present the proclamation declaring a state of emergency for its approval by the House of Representatives of the Peoples “.) and Article 93 (1a) (” The Council of Ministers of the Federal Government shall have the power to decree a state of emergency … [in the event of] …, a natural disaster or an epidemic … “) There is no obfuscation of constitutional authority and claims, affirmations and the exercise of government authority are open to public and judicial scrutiny. For me, that is another element Important rule of law The government should never exercise a power or authority that is not granted in the supreme law of the land that is enshrined in Article 9 of the Ethiopian Constitution.
Third, the Proclamation is based on findings of clear, indisputable and demonstrable facts. The government has demonstrated beyond doubt that ordinary government systems and capacities are woefully inadequate to meet the rapid spread of COVID-19 or proactively deal with the highly likely humanitarian, social, economic and political damage that the pandemic could cause. For me, this is a critical element of the rule of law. Any law that may affect civil liberties and civil rights must be based on demonstrable and questionable facts, which the Proclamation establishes in its preamble. Therefore, there are different standards that apply to extraordinary legislation (state of emergency declaration) and ordinary legislation that could be based on claims and factual claims subject to legislative notice. I am glad that the Proclamation observes these basic distinctions.
Fourth, the Proclamation takes special care not to invade or infringe upon individual liberties and civil rights. According to Article 4 of the Proclamation, the scope of government action is defined in a limited way. The Cabinet must “stipulate details on the suspension of rights and the measures taken to counter and mitigate the humanitarian, social, economic and political damage that the pandemic could cause.”
This is extremely important in maintaining and institutionalizing what I will today call the “golden age of human rights” in Ethiopia. Under Article 4, the government cannot use the Proclamation to accumulate amorphous powers to limit and restrict the rights of citizens. The Proclamation places the burden of proof on the government to demonstrate with convincing evidence why a certain right and the link to a particular mitigation effort should be suspended. For example, according to the Proclamation, the government cannot order a blockade unless it can demonstrate that the blockade measure is supported by evidence of a rapid spread of COVID-19, the lack of preventive and mitigation capacity, the sustained escalation of deaths from COVID-19, etc. .
Fifth, the implementation of the Proclamation does not lend itself to a discretionary exercise of power by an individual. The Proclamation requires that the Council of Ministers or a Ministerial Committee act for them. That is very important as a matter of rule of law for at least two reasons: 1) The Council is required to assume leadership and collective responsibility for the actions it takes under the Proclamation, and 2) because COVID-19 is unpredictable, the Council will be able to respond to dynamic situations and act in real time. These are important elements in monitoring implementation, as the Council has great flexibility to respond to constantly changing circumstances, anticipate new ones, and make proactive decisions based on up-to-date data and information.
Sixth, the Proclamation actively promotes education, public awareness, and other reasonable means of non-coercive compliance. Only in extraordinary circumstances does it authorize federal and regional law enforcement agencies to “use proportional force to enforce the suspension of rights and measures.” I have a special thanks for this provision. First, respect individual autonomy and dignity. People with the correct information are supposed to act in their own enlightened interest. In other words, people will act rationally to protect their interests and in doing so they will protect the interests of society. Second, it requires the restricted use of force. That’s important because I don’t believe in using violence to convince people to pursue their own enlightened interest. Only in the most extreme circumstances, when public health and safety is threatened, coercive measures should be used to achieve compliance. So I like the operational phrase “proportional force” in the Proclamation. Proportionality is a fundamental principle in law. Let the punishment fit the crime.
Seventh, the Proclamation is transparent and provides the maximum responsibility of government officials. It conforms to Article 12 of the Ethiopian Constitution which states that “the conduct of government affairs shall be transparent” and requires “any public official or an elected representative [to be] responsible for any failure in official duties. “According to the Proclamation, it is the duty of the Prime Minister and the Attorney General” to communicate to the public the conditions related to the suspension of rights and measures through the media that are widely accessible to the public. ” Simply put, the money stops with the Prime Minister and the Attorney General.
Eight, the Proclamation requires that “all commercial, community and public media with local, regional or national reach have the obligation to transmit free notifications, explanations and public messages” about COVID-19. I appreciate this provision because it requires private media to be involved in the most important aspects of the war against COVID-19. The best way to get information to the public is through the media, especially radio and television. I have no problem forcing private media to do government work, as long as the task is clear and defined. In the Proclamation, private media are required to broadcast “notifications, explanations, and messages” about COVID-19. The Proclamation does not allow any other use of private media by the government.
Ninth, Proclamation 3/2020 upholds the fundamental principles of the rule of law and should serve as model legislation for the rest of Africa. It is constitutionally rooted and has several built-in liability measures. Provides procedural and legal transparency. Avoid arbitrariness and respect civil liberties at the highest level in a state of emergency.
Tenth, individual responsibility. Individual responsibility. Individual responsibility. I don’t believe in the “babysitting status” idea. The Ethiopian government simply does not have the resources to provide personal protective equipment, testing services, and life support technologies to respond to widespread infections. For that matter, the US federal government has sadly failed. The Ethiopian government has its role to play in protecting health and public safety. But most of the responsibility for prevention and mitigation must be borne by the individual. Undoubtedly, Proclamation 3/2020 is as far as I would like to see government legislative intervention in protecting public health and managing COVID-19 crises in Ethiopia. I would like to see many more NGOs, members of the activist and defense communities, religious leaders and institutions, business leaders and organizations, political parties and similar institutions taking a leading role in the war against COVID-19 by raising public awareness. and provide actionable information to the public, and especially discredit unsafe and untested resources for COVID-19. Anyone who believes that the Ethiopian government can overcome the COVID-19 plague on its own without the massive support, participation, and action of every citizen is, at best, delusional. I argue this point precisely because I have seen countless news reports documenting public indifference and ignorance bordering on arrogance about handwashing, social distancing, and other similar practices.
On a personal point …
I wish to deeply thank all Ethiopians in the diaspora who have come to the aid of Ethiopia at this time of dire need by donating and organizing the delivery of personal protective equipment. I am equally grateful to everyone in Ethiopia who has generously donated money, property, and other resources in the fight against COVID-19.
I must confess that for the past decade and a half fighting tirelessly for human rights and the rule of law in Ethiopia, I never thought that Ethiopia would prove to be a brilliant example of the rule of law. I doubt that there is anyone who has consistently, tenaciously and relentlessly litigated the cause of Ethiopian human rights and the rule of law in Ethiopia more than me. This is not intended to be self-serving, just a statement of fact.
I have written countless comments on the declarations of “state of emergency” of the previous regime. That regime chose to implement its statements through a “command post.” In this way, the intellectual criminals responsible for human rights violations thought they could evade legal responsibility.
It is refreshing and very important to me to see the Prime Minister and the Attorney General, not a faceless, remorseless and ruthless command post, standing and taking full responsibility for the implementation of Proclamation 3/2020.
I thank Prime Minister Abiy Ahmed, the Council of Ministers and the Ethiopian Parliament for issuing a proclamation that meets the highest standards of international scrutiny. I am proud of all of them.
Now Prime Minister Abiy Ahmed and his government must rise and address the issue of postponing the August elections with the same constitutional mandate. feat of Proclamation 3/2020.
To be continue… The constitutional bases for the postponement of the August 2020 elections.
