Oppositions should also play their role in strengthening the multiparty system

                                                                                                                          Desta Hailu

The FDRE constitution is a document that is comprised of 106 articles of right and duties. One of these is the constitutional part that talks about rule of law – on article 9. This article stipulates that the constitution is the supreme law of the land, and that any law, customary practice or a decision of an organ of state or a public official which contravenes the constitution shall be of no effect.

Also, 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. In addition to this, it stipulates that it is prohibited to assume state power in any manner other than that provided under the constitution.

The things that are stipulated under the constitution states about rule of law. And this rule of law should exist in every country. This because; no one can move safely and freely move in a country that has no rule of law. The givers and takers of rights will be those with power/muscle and anarchy will reign over. And those with power will create a master and slave system.

And when anarchy reigns over, there will be no one that will respect the law. Everyone will try to get their own. And this kind of situation will led a country into instability. The chance to work in peace and achieving a better life while also leading the nation into prosperity will be over. So, in order to halt such situation and bring peace and stability, there needs to be rule of law.

As clearly stipulated on the FDRE constitution, everyone is equal before the law. Thus, if any law is enacted, it concerns everyone and it doesn’t aim at just one part of the society. So, everyone, whether they are politician, musician, engineer, doctor, priest or soldier has the duty and responsibility to respect/observe it. Thus, it should be understood that anyone can’t violate the law just because he or she is part of the opposition party.

As it’s known, no one can live anywhere in the world as he or she wants by violating the law. As I have tried to mention it earlier, as long as every activity of citizens isn’t led by rule and law, no one can have guarantees to live safely. Thus, as any citizen can only move freely in a country where there is rule of law, it should be understood that he or she will be need to answer to the authorities if he or she violates the law.

It is prohibited to assume state power in an unlawful manner. And this concerns article 56 of the constitution. As per this article, a political party, or a coalition of political parties that has the greatest number of seats in the House of Peoples’ Representatives shall form the Executive and lead it.

And this shows that any activity aimed at toppling the constitutional order using gun outside of the peaceful power transfer stipulated on the constitution is unlawful. Thus, any political or terror groups that are involved in such act are unlawful. And it should be understood that any links or ties made with them or any effort to topple the constitutional order by flaunting their agenda is violating rule of law.

For example, if any person supports groups that are branded as terrorist by our parliament, like OLF and Ginbot 7, or operated to realize their objectives in any way, it should be understood that such act is in a straight violation of the rule of law. This is because; these terror groups are operating to forcefully topple the constitutional order by standing against the constitution. So, not supporting them is respecting rule of law, while supporting their objectives in any way is violating the law.

Rule of law should be observed. If we don’t do that, any laws that are enacted in the country will not be implemented in the extent that is needed. If laws are not implemented at the needed level, then the rights of citizens will get eroded. And when rights are eroded, it will create a situation where some can do whatever they want when the others are observing the rule and law. And this will led the one that is respecting the law into a wrong path.

Thus, in order to solve this problem, rule of law should be implemented. So, we shouldn’t misunderstand or give it any other meaning than there is when the executive branch is executing the rule and laws of the country.

In order to make it more clear to readers, let me raise one recent event – the state of emergency. As it is known, it was clearly stated that it is important and appropriate to take measure on those who violate the prohibition during the implementation of the declaration.

And this is done to protect the peace and security of the people. But, some people want to make it appear that the emergency is there to attack the opposition when opposition party leaders like Merara Gudina are arrested for violating the prohibition – forgetting that the proclamation is supposed to be observed by everyone.

But as I have mentioned it above, any proclamation that is enacted in a country concerns every citizen. Had Merara Gudina did not get arrested for violating the proclamation, and if it was some other person, all this would have not been mentioned. All in all, as the proclamation is enacted to be observed by everyone, I think it’s appropriate to charge those who violate proclamation in order to uphold rule of law.

In my belief, not upholding rule of law is contravenes the constitution. This is because, as the constitution is the supreme law of the land, not upholding the proclamation that is enacted based on it is the same as opposing the constitution. And I don’t think either the executive body or any citizen for that matter should allow this to happen, as it is the same as obstructing the law.

Obstructing the rule of law from being upheld not only create anarchy, it makes the law unequal for all citizens. So, in order to uphold the constitutional stipulation ‘everyone is the same in front of the law’, rule of law should be upheld.

In the new Ethiopia, the people chose who they want to lead them, the former way of appointing leaders by the ruling party has finished along with the previous regimes. But, it seems that the oppositions want to use such tactic after 25 years. I don’t think there is a place in the democratic space of the new Ethiopia to shoulder such tactic. This is because; even if the ruling party and the government want to ‘share or give from their power’, the system itself won’t allow them to do so.

As it’s known, any work done by a democratically elected party in any democratic country is in a way that is based on the representation of the people. It is to execute what the people want, and it is not to impose what it wants on the people.

If it wants to impose its own interest on the people, the people might take away the vote it gave it through the parliament. So, in regards to democracy, it should be understood that any activity of the ruling party is only related to representation.

In this regard, EPRDF as a ruling party cannot share power to other party by going outside the mandate given to it by the people. The party doesn’t have the right. There can’t be any legal rationale to share the power it was given by the people during election 2015 just because it is facing problem. Indeed! The ruling party doesn’t have the right to share government power when it was given the vote of the people for five years choosing it for its policies and strategies.

The party will face legal ramification. Why? Because such act violates the sovereignty of the people and contravenes the constitution. So, it is better for the oppositions to look at their ‘share power’ rhetoric from this angle. And if the opposition want to assume government power, it will be beneficial for them to look into the three points I have raised earlier and assess themselves accordingly. That is the way to do it.

Outside of this, they should understand that the negotiation they will be having with the ruling party aims to let their voice be heard, and should know that such kind thinking is linked to unconstitutional interest.

As the oppositions are political forces that operate by upholding the constitution, they should free themselves from any acts and thinking that contravenes with the constitution and carry out their national duty of exposing those who trespass the constitution. When they do this, then they are contributing to the strengthening of the democratic system. In general, the country is home to all of us, and so the government, ruling party and opposition political parties should put their own role for the widening and strengthening of democracy.