Photo: Paul Kagame/Flickr
By Solomon Dibaba
In a popular parlance and legal technical perspectives, a state of emergency emanates from a governmental declaration made in response to an extraordinary situation posing a fundamental threat to a country.
The declaration may suspend certain normal functions of government, may alert citizens to alter their normal behavior, or may authorize government agencies to implement emergency preparedness plans as well as to limit or suspend civil liberties and human rights.
The expediency to declare a state of emergency by any country may arise from situations as diverse as an armed action against the state by internal or external elements, disruption of normal peaceful state of public life a natural disaster, civil unrest, an epidemic, a financial or economic crisis or a general strike.
For instance, between 2015 and 2016, France, Tunisia, Mali, Turkey, Venezuela and the US had declared state of emergencies due to various political reasons, manmade and natural calamities which these countries had encountered.
A state of emergency is sometimes confused with the institution of martial law in which the state of emergency is executed only by the armed forces of a country in which the military forces also take control of state administration.
States of emergency have two components: a legal framework consisting of the constitutional and legislative bases for the state of emergency, and an operational framework involving the organizational structure and strategic plans for dealing with the state of emergency.
These components must be compatible and complementary. The legal framework must take into account operational requirements and the operational requirements must respect the legal framework, including international law. Focusing on the legal framework will deal with democratic accountability, human rights and the rule of law during states of emergency.
The type and form of state and the content and nature of a country’s constitution dictates both the legal and technical modalities and implementation of a state of emergency.
In 1988, the Derge regime declared a state of emergency in Eretria along with a martial law administration while the Port of Assab and the environs were put under a special administration with some level of quasi autonomy for the area
In 1988, the Derge regime declared a state of emergency in Eretria along with a martial law administration while the Port of Assab and the environs were put under a special administration with some level of quasi autonomy for the area.
The objective of the state of emergency and declaration of martial law was apparently concerned with the maintenance of the “unity and territorial integrity of the country” without due concern for the rights of the peoples in the province.
The Constitution of the Federal Democratic Republic of Ethiopia provides extensive provisions on the legal competence and applications of the state of emergency. Article 93 (Declaration of State of Emergency) provides that :
1. (a) The Council of Ministers of the Federal Government shall have the power to decree a state of emergency, should an external invasion, a breakdown of law and order which endangers the Constitutional order and which cannot be controlled by the regular law enforcement agencies and personnel, a natural disaster, or an epidemic occur.
(b) Sate executives can decree a State-Wide state of emergency should a natural disaster or an epidemic occur. Particulars shall be determined in State Constitutions to be promulgated in conformity with this Constitution.
2. A state of emergency declared in accordance with sub-Article 1(a) of this Article:
(a) If declared when the House of Peoples’ Representatives is in session, the decree shall be submitted to the House within forty-eight hours of its declaration. The decree, if not approved by a two-thirds majority vote of members of the House of Peoples’ Representatives, shall be repealed forthwith.
When the House of Peoples’ Representatives is not in session shall be submitted to it within fifteen days of its adoption.
When a state of emergency decreed by the Council of Ministers, if approved by the House of Peoples’ Representatives, can remain in effect up to six months. The House of Peoples’ Representatives may, by a two-thirds majority vote, allow the state of emergency proclamation to be renewed every four months successively.
4. (a) When a state of emergency is declared, the Council of Ministers shall, in accordance with regulations it issues, have all necessary power to protect the country’s peace and sovereignty, and to maintain public security, law and order.
(b) The Council of Ministers shall have the power to suspend such political and democratic rights contained in this Constitution to the extent necessary to avert the conditions that required the declaration of a state of emergency.
(c) In the exercise of its emergency powers the Council of Ministers cannot, however, suspend or limit the rights provided for in Articles 1, 18, 25, and sub-Articles 1 and 2 of Article 39 of this Constitution.
5. The House of Peoples’ Representatives, while declaring a state of emergency, shall simultaneously establish a State of Emergency Inquiry Board, comprising of seven persons to be chosen and assigned by the House from among its members and from legal experts.
6. The State of Emergency Inquiry Board shall have the following powers and responsibilities:
(a) To make public within one month the names of all individuals arrested on account of the state of emergency together with the reasons for their arrest.
(b) To inspect and follow up that no measure taken during the state of emergency is inhumane.
(c) To recommend to the Prime Minister or to the Council of Ministers corrective measures if it finds and case of inhumane treatment.
(d) To ensure the prosecution of perpetrators of inhumane acts.
(e) To submit its views to the House of Peoples’ Representatives on a request to extend the duration of the state of emergency.
Pursuant to public unrest and damage inflicted on public and private property and loss of lives during the crisis, on October 9.2016, the government declared a state of emergency which was later extended up to March 2017 and lifted in August 2017.
The Council of Ministers has declared a state of emergency effective from Friday, 16 February 2018 based on article 93 of the FDRE constitution cited above. The state of emergency aimed at protecting the constitution and constitutional order, as well as ensuring security and stability of the country.
Apart from protecting peace and stability in the country, the state of emergency was declared to ensure the continuity of the development programs of the country and to see to it that the basic rights of citizens is protected.
Briefing ambassadors and the representatives of the diplomatic community and international organizations, Dr. Workneh Gebeyehu, the Minister of Foreign Affairs said that among other things, one of the objectives of the declaration the state of emergency and the resignation of Prime Minister Hailemariam Desalegne was linked to providing the necessary conditions for the effective continuation of the countries multi-faceted reform programs which included widening the democratic space to further ensure meaningful public participation in the political system of the country.
Ambassadors of the neighboring countries had expressed their support for the declaration of the state of emergency. Ambassador of Kenya to Ethiopia Catherine Muigai Mwangi said”As a neighboring country, we are supporting the Ethiopian government and the Ethiopian people in all the reforms that are going on. So, we definitely want to express our complete support for the government and the people of Ethiopia.”
Describing a state of emergency as “something that should be dealt very cautiously”, Ambassador of Netherlands to Ethiopia, Bengt Van Loosdercht said it could be a good measure, “if implemented leniently”.
Peace, stability and sustained socio-economic development is critical not only for Ethiopia but also for the Horn of Africa and Africa at large. Contrary to the assertions made by some “politicians”, the state of emergency was not declared for a narrow interest of only protecting the government or to curtail the basic rights of the public. The state of emergency is declared in full compliance with the laws of the country, international conventions relating to human and civil rights with full legal accountability.