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Is Ethiopia in Constitutional Crisis?

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07/30/12

  02:38:13 am, by admin, 3240 words  
Categories: Alemayehu G. Mariam

Is Ethiopia in Constitutional Crisis?

Ethiopia in Constitutional Crisis?

By Alemayehu G. Mariam

In an interview I gave to the Voice of America Amharic program last week, I was asked to comment on the nature of constitutional succession in the event of death, disability, resignation, illness, incapacity or removal from power of the prime minster (PM) in Ethiopia. The answer I gave seems to have surprised, shocked, dismayed and appalled many. The Ethiopian Constitution makes no provisions for the orderly transfer of power in the event of a vacancy in the PM’s office. Simply stated, there is no constitutional process for succession of executive power in Ethiopia!
The issue of succession has become critical in light of the prolonged and mysterious absence of the current holder of PM’s office and the garbled official explanation for his complete disappearance from public view. Some Ethiopian opposition leaders have apparently argued for the installation of the deputy prime mister (DPM) as a constitutional successor to the PM or at least serve as acting PM until the final health status of the current holder of the PM's office is established. Their argument is neither textually nor inferentially supported by any reasonable reading of the relevant provisions of the Ethiopian Constitution.
The office of the DPM is mentioned 4 times in the Ethiopian Constitution, three of which occur in Art. 75; and once in Article 76 in which the DPM is mentioned as a member of the Council of Ministers. Article 75 defines the totality of powers, duties and roles of the DPM:

1. The Deputy Prime Minister shall: (a) perform the duties assigned to him by the Prime Minister; (b) represent the Prime Minister in his absence. 2. The Deputy Prime Minister is accountable to the Prime Minister.
Under Article 75, the DPM is a political creature of the PM’s making, and not an actual constitutional officer with prescribed duties and functions. Unlike the PM (art. 73), the DPM is not “elected”, rather s/he is a mere political appointee who is selected by the PM. Whatever powers the DPM has comes directly and exclusively from the PM, and not the Constitution. The DPM “performs duties assigned by the prime minister” and has no independent or residual statutory or constitutional duties or powers. The PM directs the activities, functions and roles of the DPM as the PM sees fit. The DPM can be dismissed or replaced by the PM at any time. In short, the DPM’s office is in reality an empty constitutional shell -- a make-believe office -- devoid of any constitutional or statutory responsibilities.

It is important to examine the constitutional nature of the DPM’s office more closely to understand the enormity of the constitutional crisis facing Ethiopia today regardless of whether the current holder of the PM’s office returns to office. The DPM is constitutionally designated as the “representative” of the PM. The term “representative” in Article 75 does not have the same meaning as the term “representative” in the “Council of Representatives” whose members are “elected for a term of five years” with full authority to “represent” their constituencies (Article 58). The DPM as the PM’s “representative” is not a "PM in waiting or in the wings". The DPM could stand in or appear on behalf of the PM as directed and assigned, or possibly “represent” the PM as an agent or proxy if specifically authorized. But the DPM has no independent constitutional powers to “represent” the PM or perform the PM’s duties and responsibilities as the PM’s “representative”.

To be sure, there is no textual basis in Article 75 or in any other part of the Constitution to infer that the DPM can exercise any of the PM’s powers under Article 74. For instance, the DPM has no constitutional authority to function as “the head of government, chairman of the Council of Ministers and the Commander-in-Chief of the Armed Forces” under any circumstances. Nor does s/he have the power to act as “acting prime minster” or perform in any other similar capacity in the event of a vacancy in the PM’s office or in the absence of the PM. The DPM does not have the constitutional power or authority to “direct, coordinate and represent the Council of Ministers,” or to “appoint all high government officials.” The DPM cannot “perform other duties assigned to him by this Constitution and other laws” because neither the Constitution nor other “laws” give the DPM any “duties” whatsoever to perform. Whatever the DPM does, s/he does at the direction, supervision and pleasure of the PM. Practically speaking, the DPM is the PM’s “gofer” (errand runner) and factotutm (handy person), and not a true constitutional officer.
Analysis of Articles 72-75 (“Executive Power”) demonstrates that the DPM’s office was structurally designed as a shadow, symbolic or make-believe office with the manifest aim of giving the public impression that there is a deputy PM who could take over in the event of a vacancy in the PM’s office in the same sense as a vice president would succeed a president. It is an office created with constitutional smoke and mirrors with the intention of creating the illusion of a constitutional plan of executive succession without actually creating one. Article 75 could be an amazing constitutional sleight of hand or an egregious omission in constitutional design!

Is Ethiopia in Constitutional Crisis?

It is manifest that Ethiopia is now facing not only a leadership and power vacuum but also a monumental constitutional crises in the absence of a constitutional plan or procedure for succession. A constitution without a clear plan of succession is an invitation to political chaos, conflict and instability. In the United States, the Presidential Succession Act of 1947 (which supersedes other prior succession Acts) establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to “discharge the powers and duties of the office.” The Twenty-fifth Amendment to the United States Constitution establishes procedures for filling a vacancy in the office of the Vice President and responding to Presidential disability.

Article 60 of Ghana’s Constitution also provides clear provisions on presidential succession: “(6) Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of office of the President… (8) Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President shall perform the function of the President until the President returns or is able to perform…” Even North Korea has a plan of succession though the process is a dynastic family affair in which power is passed from grandfather to son to grandson as we have witnessed recently.
Why is there no plan or clear statement or language on succession of executive power in the Ethiopian Constitution? I noted above that the particular design of the office of the DPM could be an amazing constitutional sleight of hand or an egregious omission and irremediable defect in constitutional design. If the drafters of the 1995 Ethiopian Constitution never anticipated, imagined, calculated or believed the person who becomes PM of Ethiopia will ever be removed from office by any means and for any reason and thus designed the DPM’s office as it is, then their omission could be regarded as a grossly negligent act of incompetence for which they should collectively suffer public condemnation and castigation. But it is unlikely that the DPM’s office was designed with such obvious oversight or inadvertence. It is not an act of omission; it is an act of commission.

A reasonable analysis of Article 75 suggests that the drafters intentionally and with great foresight designed the DPM’s office the way they did (toothless, powerless, duty-less) out of an abundance of caution to guard against any potential future loss of the PM's office (and with it control of the state, armed forces, economy, etc.,) from the hands of those elements who have had a chokehold on the office for the past 21 years. Given the ethnically tangled nature of Ethiopian politics, the individuals who controlled the drafting of the Constitution understood that the PM's and DPM's office could not be in the hands of members of the same ethnic group. That is to say, if the PM is a member of one ethnic group, the deputy prime ministership must necessarily be given to a person from another ethnic group to maintain the illusion of power sharing and play a clever political balancing game. If there is a real possibility of succession under this "power sharing" arrangement, the outcome could be potentially catastrophic to the power brokers controlling the PM’s office in the remote and unlikely event the PM is unable to discharge his/her duties and must leave office.

Under Article 75, the DPM could prove to be a Frankensteinian creation of the PM capable of destroying its own creator. If the DPM succeeds the PM, then the power brokers and structure that supported the PM could collapse with the supporters of the DPM as PM gaining power. As a result, there is high likelihood that the power brokers and supporters of the PM who vacated office could potentially lose power and influence and be marginalized under the new PM. However, the power brokers and supporters of the PM who vacated office could still maintain their power and influence by installing a DPM from one of the minority ethnic groups in the country. By making such an appointment, the PM and supporters effectively create the illusion that members of the country’s ethnic minorities are gaining recognition, power and status hitherto unavailable or denied to them while immunizing themselves from the criticisms of other major ethnic group contenders who may be making claims to the DPM's office.

The appointment of a DPM from a minority group ensures that power remains in the hands of the power brokers and supporters of the PM whether the PM stays in office or vacates for any reason. The only way a DPM from an ethnic minority could survive politically as a PM is with the support of those who supported the PM who vacated office. The DPM as PM simply will not have a sufficient support base in the party structure, bureaucracy, military, civic society, economic structure, etc. to be able to act independently. The DPM as PM could only survive as a mere puppet in the hands of the power brokers and supporters of the PM who vacated office.

Facing such a daunting constitutional dilemma, the power brokers and supporters of the current holder of the PM’s office will have no viable option but to ram through by unconstitutional means the installation of the holder of the DPM as PM. If such was the design, Article 75 could be regarded as a masterful stroke of political genius unrivalled in modern African constitutional history. The downside is that given the manifest constitutional problems of succession, other power contenders are unlikely to accept such an outcome which is patently unconstitutional and undemocratic. They may insist on a new election for a PM within a reasonable period of time if it comes to pass that the current holder of the PM’s office could no longer perform the duties of that office.

To dodge this enormous constitutional dilemma and avoid an election for a new PM at any cost, the power brokers and supporters of the holder of the PM’s office could create various distractions and diversions. It is very likely that they could fabricate an emergency (internal by claiming insurrection or external by triggering conflict) and declare martial law. They could engage in dilatory tactics by refusing to make firm and clear announcements on the status of the current holder of the PM’s office. They could seek the intervention or mediation of outside powers to help resolve the crisis by proposing a short-term transitional solution until a permanent solution is found either by constitutional amendment or new elections. They are likely to use the “constitutional court” under Article 83 to obtain an interpretation of Article 75 which is manifestly contrary to the plain meaning of the constitutional text. No doubt, they will have many tricks up their sleeves to get themselves out of the constitutional jam, buy time and cling to power.

The smart move for the power brokers and supporters of the holder of the PM’s office now would be to take this fantastic opportunity and offer an olive branch to the opposition and invite them to a dialogue on power sharing and other matters. There is no shame, defeat or harm in making a peace offering to the opposition. It has been done in Kenya and even Zimbabwe. It was done in South Africa under the most difficult of circumstances. It has been tried with different outcomes in Burundi, Guinea, Madagascar and the Ivory Coast.

In 2009, Kenya formed a “grand coalition government” among bitter political enemies. They were able to write a new constitution which was approved by an overwhelming 67 percent of Kenyans in 2011. In 2008, President Robert Mugabe and opposition leader Morgan Tsvangirai signed a power-sharing deal. Last week, Zimbabwe Prime Minister Morgan Tsvangirai pushed for approval of a draft constitution prepared by the Select Committee of Parliament on the New Constitution (COPAC). Both countries have a long way to go on the road to full democratization but they are certainly on the right track. The only sensible way out of this constitutional predicament is to follow Nelson Mandela's prescription: “If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner.” It’s the perfect time now for all to bury the hatchet, shake hands and get their shoulders to the grindstone and build a new Ethiopia.

Constitutional Transition From Dictatorship to Democracy

The DPM issue is only the tip of the iceberg of the enormous constitutional crises to face Ethiopia. Those of us in the business of constitutional law and analysis have known of the structural flaw in the design of the DPM’s office, the expansive nature of executive power as well as numerous other flaws in the current Constitution for a long time. Truth be told, our characterization of the current holder of the PM’s office as “dictator” over the years was not mere rhetorical flair but an accurate and precise description based on a careful and penetrating analysis of the Ethiopian Constitution and the way power is concentrated in one office and one person.

A dictator is a person “who has absolute power or authority.” That is what the 1995 Ethiopian Constitution created in Articles 72-75. Article 74 created a PM whose powers are total, unbridled and unlimited and without any plan of succession. The PM and his hand-selected Council of Ministers are the “highest executive authority” in the country. The “Prime Minister” is the “head of government, chairman of the Council of Ministers and the Commander-in-Chief of the Armed Forces.” The PM is only nominally accountable to the Council of Deputies and the judiciary. S/he is not accountable to the Council of Ministers. In fact, the PM has total and absolute dominance over these institutions. The PM has the power to “dissolve the Council [of Representatives] before the expiry of its term so as to conduct new elections”, dismiss or replace any member of the Council of Ministers at will and nominate and dismiss judges. Under the Constitution, the PM is accountable to no one. The PM’s word is the constitution and the law. The PM is an absolute constitutional dictator though that sounds oxymoronic!

The Life and Death of African Dictators

All dictators believe they can live forever. But only the evil they have done during their lifetimes lives forever. Sitting in the saddle of power, African dictators fear no one, not the people or even God. They have convinced themselves they are heroes and “gods” in their own right. They try to project the image of invincibility and immortality. But they are neither; they are mere mortals. They get sick, they suffer pain and they die like the people they oppressed, jailed, tortured and killed. They hold their people in total contempt and treat them like dumb children. They try to convince their people that they are healthy when they are sick and alive when they are dead.

In the past 7 years, the story we hear in Ethiopia today has been told many times in Africa. In 2005, President Gnassingbé Eyadéma of Togo, at the time Africa's longest-ruling dictator, died of a “heart attack” as he was being rushed to Europe for treatment. Though he had heart and other serious health problems for years, those facts were hidden from the public until it was suddenly announced that he had passed away. In 2009, Gabon’s long reigning dictator, Omar Bongo Ondimba, died in a hospital in Spain. Government officials in Gabon had long denied he was sick or had any serious health problems. But Bongo had cancer. In 2009, President Umaru Yar'Adua of Nigeria reportedly left the country for what was described as “routine medical check up” in Saudi Arabia. After months of prolonged absence, he returned to Nigeria and died of lung cancer. Earlier this year, President Malam Bacai Sanhá of Guinea-Bissau died at a Paris hospital from what was officially described as “advanced diabetes” and a hemoglobin problem (possibly leukemia). Sanha denied that he had health problems and said his situation “was not as serious as people want to make out”. President Bingu wa Mutharika of Malawi also died earlier this year from what was described officially as a heart attack after being transported to South Africa in a comatose state.
In all of these cases, the serious health issues were underplayed by the leaders themselves and their officials. They often blamed the cynical opposition for exaggerating news and information of their health condition. The officials in Ethiopia have a constitutional duty under Article 12 to perform their responsibilities “in a manner which is open and transparent to the public”. That transparency includes the duty to divulge full information to the public on the prolonged absence of the holder of the office of PM.

The life and death of President John Atta Mills of Ghana last week stands in stark contrast to the other African dictators. For the past several months, the Ghanaian public was aware that President Mills was having serious health problems. He was making few public appearances and had retreated from public view, leaving his vice president, John Dramani Mahama, to attend public functions. Though he won the presidency by a razor-thin margin in 2009, Mills soon gained the love, respect and appreciation of his people. In its online editorial, The Nation, Nigeria’s top circulation publication observed: “The open affection Ghanaians showed President Mills and the Ghana Parliament’s fidelity to constitutional provisions are areas Nigeria can learn from. President Mills respected his office and honoured his people by working hard for them. Little wonder, the people reciprocated by treating him as a rare hero in death.” Africa needs rare heroes. The alternative for Africa’s villains has been prophesied by Gandhi long ago: “There have been tyrants and murderers and for a time they seem invincible but in the end, they always fall -- think of it, ALWAYS.”

There is a way out of the constitutional crises and dead end Ethiopian is facing today. Nelson Mandela paved that two way road in South Africa and called it “Forgiveness and Goodness.” We should all prepare ourselves and the people to travel that two-way road. It is time for national dialogue!

68 comments

Comment from: dan [Visitor]
dan

dialogue with who?
every time the opposition is getting weaker and weaker, it keeps on splitting and weakening itself.
what we are left with is disgruntled x-woyanes like Siye Abraha and the other dude who was the governor of Tigray dominating the opposition camp.
I am tired of f… opposition.
I have given up.

07/30/12 @ 03:03
Comment from: Zagew [Visitor]
Zagew

Mister, you have been commenting the last many years on Ethiopian politics, always opposing, critizing, insulting, degrading the GoE.To my understanding, you claim to have some knowledge of law. If so, why didn’t you critisized the “unclarity” of the procedures of power transfer in the Ethiopian constitution? Weren’t that the role of a professional to show possible problems before it happens.Instead you were wasting our and your time by writting totally baised and unconstructive and hate moggering articles. Shame On you “professor".

07/30/12 @ 03:16
Comment from: eselem [Visitor]
eselem


These bunch of looters came to power not to govern the Country. And their fack conestitution is just to facillitate their evil deeds. People wake up.

07/30/12 @ 03:29
Comment from: Yacob [Visitor]
Yacob

Meles Zenawi is weak from having epilepsy multiple seizures every hour or so. The mouth of Abebe Gellaw is responsible for Meles having these episodes. The only succesor Meles is considering is his son Senay Meles Zenawi. The constitution of Ethiopia is stolen and modified to Meles Zenawi’s liking time and time again. It is not surprising if we see Meles Zenawi puts his son as his only succesor .

07/30/12 @ 03:33
Comment from: addiszemen [Member]  

“OLDAGE IS BY NATURE RATHER TALKATIVE."cicero,

The diaspora opposition politicians are wanna be opportunists who think grabbing power is as easy as a bar talk. They resemble like that dog who was lying under the bull waiting for the bull’s testicles to fall anytime soon.
Here in the diaspora they have formed a transitional govt, they interview each other how easly they can overthrow the govt in Ethiopia. They demonize anything back home and promise they can do better. And most of all they try to tell us about Ethiopian constitution, which after they told us there is no rule of law in Ethiopia in the first place. And all this, from 10,000 miles away.
We know you can talk the talk. Can you walk the walk?
Ethiopian people have sacrificed a lot to be where we are now, including paying the ultimate price. Why do you think you can just walk a cake walk and sit in arrat killo?

07/30/12 @ 03:44
Comment from: Wendu [Visitor]
Wendu

I feel sorry for DPM Haylemariam, his house made has more power in his house in the event of he & his wife is not around the house than he has power in PM office.

07/30/12 @ 04:10
Comment from: Temesgen [Visitor]
Temesgen

ZAGEW

How many times Professor Ale told you about the fake constitutional law ,the fake economy, the fake development, the fake federalism, the fake democracy ,the fake media freedom, the fake wealth distributions on &on …now you just woken up to say Professor, why didn’t you tell as all this is coming? The problem with you Woyane supporters are every thing your masters says is correct. Even today you still don’t fault article 39.

07/30/12 @ 04:41
Comment from: TEDDY [Visitor]
TEDDY

The Crime Minister dead or incapacitated the only truth is that the tyrant shall not come back to power .The dilemma of Agazi bandits ,starting by his evil wife and the Tigre
mafiosis Head Sebehat ,is by whom to replace him .Afterall the puppet Hailemariam Desalegne is really in great trouble wondering whose ,Sebehat ,Azeb ,or Samora guidances to follow .Azeb has already run away from country with her children specially the credit cards .While Agazi bandits close to the Crime Minister as the Ass Hole Bereket are underway packing their lugguage .In a country where a democratic contitutional system fuctions well as Ghana ,within an hour after the Death of President John Evans Atta Mills, vice President John Dramani Mahama has succed him .Afterall Agazi Constitution is a simple sheet of papers drafted by opportunist bandas as Kifle Wodadjo and Endrias Eshete for the sake of their leba master .Without the least visionary
Ideas and Wisdom to build a pacified
democratic and prosperous society .

07/30/12 @ 05:19
Comment from: Kewle [Visitor]
Kewle

To Zagew
I am not sure that you read this wonderul article entirely. Your claim that the Professor is “wasting our and your time by writting totally baised and unconstructive and hate moggering articles” is absolutely baseless.
At least a person who read the last paragraph easily found out that the article is not hate moggering but constructive. Here is what the Professor recommends “We should all prepare ourselves and the people to travel that two-way road i.e. Forgiveness and Goodness. It is time for national dialogue!” He calls us for unity.
Let God bless Ethiopia

07/30/12 @ 05:29
Comment from: Extraterrestrial [Member]  

Is this openly defecting fake professor still asleep and dreaming, when is he waking up?

At the end of this story there is a big jock and laughter, I am increasingly feeling EPRDF is making political experiments on diaspora rats once more and this experiment is the biggest of all.

07/30/12 @ 06:28
Comment from: bulcha [Visitor]
bulcha

The professor’s article is as usual excellently analysed and written. He has highlited the constitutional gap that exists regarding the transfer of power from the incapacitated Meles to someone. Not Haile Mariam. If such a gap exists the question is would it be wide enough to cause some kind of instability amongst the Ethiopian populace-that includes the TPLFites. Addis Zemen the walk is supposed to be a cake walk through elections-that is why so many young TPLF fighters gave up their lives. Not install another dictatorship on the feeble shoulders of the Ethiopian population. We dmire and respect those who fought for freedom not those who fought to deny the public their freeedom to choose and elct their own leaders. The fight that wasfought was for such freedom not establish an autocratic one party government for 21 years. What do you say? The walk must be a cake walk for everyone.

07/30/12 @ 06:55
Comment from: mesfin_b [Member]  
mesfin_b

ፕሮፌሰር አለማየሁ እንደተለመደው ትንታኔን ያዘለ እውቀትን የሚሰጥ አንቀጽ ጽፈሃል::
በርግጥም እንዳልከው ጠቅላይ ሚንስቴሩ አንተ ና ብሎ ያዘዘው ሰው ነው DPM የሚሆነው:; ይህ ደግሞ ባገራችን መንግስት ተብየው የ ኤ ህ አ ዼ ግ አስተዳደር ነው :: ባጭሩ ህገ መንግስት የሚባለውም መለሰ ሰይጣናዊ የፈለገውን ፍላጎት የሚያስጠብቅ እንጂ ሃቀኛ ሃዝባዊ ህገ መንግስት አይደለም::
ስለዚህም መለስ ቢሞት ተተኪው ሰው ምን መደረግ አንዳለበት የሚያስረዳ የረቀቀ ጽሁግ ሳይሆን ያለው በ ሃይል የቡድኑን ማለትም ያሉትን ቀንደኛ የ ቲ ፒ ኤል ኤፍ አባላት ጥቅም አስከባሪ ታዛዥ ነው ::

07/30/12 @ 07:42
Comment from: Gimbo Bereketi [Visitor]
Gimbo Bereketi

I feel that currently there are no credible opposition partie as far as Ethiopia is concerned for the following reasons.
1. lack of clear alternative policies from oppositions.
2. Failure to address the nations and nationalities questions in Ethiopia by the opposition organisations considering that the country has been more or less running along the ethinicity lines for the last twenty one years.
3. Ordinary Ethiopians do expect solutions from Ethiopian intelectuals and professionals to Ethiopian problems rather than arguing with a failed system.
4. Can we solve the problems of Ethiopia through true federation of nations and nationalities? We know that the EPRDF has abused the federation system but can other parties look into it and make better use of it?
5. Can we all accept the rule of law in Ethiopia?
6. Can we all stop the violent approach to solving Ethiopian problems?
7. We all know that the emperors, the Dergue and EPRDF all have failed to lift Ethiopia out of its political, economical and social miseries for the last 100 years.
8. We all know that the 2nd populous country in Africa has the unemployment level close to 99.99% and it’s starving. How can we change the situation?
9. We must be clear that all nations and nationalities in Ethiopia need each other for survival now and forver. But this can only remain true in the absence of domination by others.
10. We are feedup by the cowboy insincere and part time politicians here and there. We need politicians with substance who care for the people.
Finally, I would like to ask Professor Alemayehu and other intelectuals and persons to come up with a system that can take Ethiopia out of it’s 100 years old miseries. We need a system that works for all nations and nationalities in Ethiopia. We can not afford to ignore the national question in Ethiopia. The ethinicity feelings can only be removed through longterm balanced education, development of commerce and industry and creating wider opportunities for all our citizens. Ethiopia is made up of all its nations and nationalities and therefore we should all be treated equal under the law.
11. If we have credible, transparent and competent parties in Ethiopia, I very much believe the international community and the country will back them.
God bless Ethiopia and the Ethiopians.

07/30/12 @ 07:46
Comment from: Nebro [Visitor]
Nebro

Dear Professor it is sad to read how it always end with African Dictators and rarely they were brave enough to say enough is enough. As you already mentioned no dictator has taught that he is mortal and his final day is going to catch him in one instance. Look at our PM who may have planned to make speech at the openning of AU, who planned to be present at the annual budget planning and yearly closure of his fake parliament and more over who knows his other plans dotted in his agenda!! then things of nature happend in drastic way and here we are not even to be sure whether he is “dead or alive” and his whereabout!!! to repeat what you said, “they deceived themselves as immortal when that was only for the creator of the universe God almightiy!!! now they realise they are simple mortal human being who can be limited to a single bed and need some one to take care of them!!! by the way! “how long must we wait to know about this man Meles???” is the question in everybody mind!!!

07/30/12 @ 07:47
Comment from: bendo [Visitor]
bendo

laugh out loud lol sayd ferengi

after all talking rubbish the solution is bringing back those losers from DC and make them a minister and all country will become peace.

Altemarem are you still dreaming to see Ethiopia alive? come on man you and the website you own with Elias kifle been wishing all the bad thing to happen in Ethiopia and you can get the way in.

My advice is just collect dollar as always like you do with your friends abebewoch from extremist diaspora and enjoy your life writing sheet on websites.

07/30/12 @ 08:02
Comment from: Ahun [Visitor]
Ahun

Al Mariam (As you prefered to be called, because you’re ashamed of your Ethiopian name, so I call you by you agnicized version of your name)

You badly want to see bood flowing in Ethiopia don’t you? You are aching for it. The PM was not in his office for 39 days, but the country is functioning fine, and that just destroys your doom and gollom theory and you really really really want some thousands of people to die some buildings to be ridden by bullets some children crying and dying so you can take pictures desplay it on Ethiopian review and say “Aha!…you see I was right!…"….

Nope… Sorry you jerk ass sadist. It ain’t gonna happen!

07/30/12 @ 08:12
Comment from: solomon [Visitor]
solomon

Melese’s succesor is his wife Azeb.she will be the first women who lead that historical country. most Ethiopian leaders become a leader just by chance, no educational Qualification needed. I guess will take over in thr next few days. leadership easy in Ethiopia any body can be aleader as long as you are a member of Woyanne party. Goopd luck Azeb!!!!!!!!

07/30/12 @ 08:16
Comment from: Robale [Visitor]
Robale

Interesting analysis. I dd not that the Ethiopian constitution did not have a clear plan for succession. Thanks for the education prof.

07/30/12 @ 08:18
Comment from: kebede [Visitor]
kebede

PROFESSOR HOW LONG YOU ARE CHEATING YOURSELF ? AS YOU HAVE SAID IN YOUR ARTICLE ABOUT THE CONSTITUTION OF ETHIOPIA, DPM ROLES IS NOT CLEAR AND GIVES A POWER TO DPM WHEN THE ABSENCE OF PM . BUT THE CONSTITUTION HAS SAID IN ARTICLE 75 (B) “ACT ON BEHALF OF THE PRIME MINISTER IN HIS ABSENCE” IT DOESNT SAY HE OR SHE REPRESENTS THE PM . IT SAYS ACT ON BEHALF OF PM . DON’T CHEAT YOURSELF AND OTHERS TOO

07/30/12 @ 08:43
Comment from: Wolita Gamo [Visitor]
Wolita Gamo

The good professor has another wonderful analysis that exposes the TPLF cockroaches. However, it is a wishful thinking to expect from a group that came from a dry land and invaded a fertile land through a barrel of a gun to negotiation. This group invaded our fertile land and has been selling it for the highest bidder. We do not hear a land in Tiger being sold to anyone since there is no land to be sold. They have been pimping our young girls to Arabs who are willing to pay in hard currency. They have become coffee exports, where as their place of birth is only known for producing belles. Unless, a concerted effort is made totally to uproot these parasites, there will not be peace and real democracy in our country. WE HAVE TO LEARN FROM THE EXPERIENCES OF LIBIYA AND SYRIA. We have to be ready to sacrifice. There is no reason for TPLF parasites to negotiate. They have been looting the country dry. Their sons and daughters are in schools in USA and Europe. They will try their best to keep the status quo. We have to take the war to TPLF. If necessary we have to fight them street by street.

07/30/12 @ 08:55
Comment from: bulcha [Visitor]
bulcha

Addis Zemen
I still am waiting for an answer. The walk is supposed to be with a cake. The fight was fought for electoral freedom not for some one to become an autocrat. There has to be a level plain field for compititors to compete. Power through the barrel of the gun although not outdated yet it is too costly for the country. Why do you encourage that TPLFites?

07/30/12 @ 09:30
Comment from: ethiopiwi [Visitor]
ethiopiwi

as much as i like to disagree with addis zemen,he has a point there.

07/30/12 @ 09:45
Comment from: Hackneyman [Visitor]
Hackneyman

I used to read a comment that insults & curses Professor Al. if I am not mistaken some of what I am reading today it seems come directly from government officials or their die-hard supporters

07/30/12 @ 09:49
Comment from: Time Ewnetu [Visitor]
Time Ewnetu

There is a constitution drafter from a small Central American country who goes around the world penning constitutions for mainly small countries. He, an African descend in his late fifties, and caucasian wife, who is a constitution lawyer herself, travel the world, study what makes that particular country’s tribes, culture, history, language and so on and for whatever amount of money, gives you a constitution. His encyclopedic depth knoweledge of countries is beyond belief. Just like that, this team of husband and wife, can adapt for you an unambiguous, perfectly workable and acceptable constitution. Apparently, Ethiopia has not call or we must be unworthy of even for banana republic.

07/30/12 @ 09:52
Comment from: mesfin_b [Member]  
mesfin_b

The “Jungle Ruler” Meles had already put his wife as his successor!!!
There is nothing Genuinly Constitutional about the Shiftas intentions.

07/30/12 @ 10:26
Comment from: mamo [Visitor]
mamo

Who is going to die first? Meles or Alemayehu? If we look at the eating/drinking habit of these two, Al is going to die much quicker than Meles. Ofcourse only God knows about our stay on this earth but people like Al (Al Quada) should die without creating suffering to others.

07/30/12 @ 10:30
Comment from: samirawit [Visitor]
samirawit

አንድን ነገር ከመጻፌ በፊት ራሴን እንዲህ ብዬ እጠይቃለሁ፡፡ መጻፌ ጥቅም ይኖረው ይሆን? የምጽፈው ነገር ምክንያታዊ ነውን? ይህ ካልሆነ ግን ዝምታን እመርጣለሁ፡፡ ዛሬ ለመጻፍ ስነሳም ለጥያቄዎቼ በቂ ምላሽ ከሰጠሁ በኋላ ነው፡፡ ሪፖርተር ጋዜጣ በሐምሌ 15 ቀን 2004 ዓ.ም. ዕትሙ በአገራችን ዕውቅ ከሆኑ የሕግ ምሁራንና ባለሙያዎች ጋር የጠቅላይ ሚኒስትሩን መታመም በማስታከክ፣ ‹‹ጠቅላይ ሚኒስትሩ ጊዜያዊ ወይም ቋሚ ሕመም ቢያጋጥመው ማን ተክቶት ይሠራል ለሚለው የሕገ መንግሥቱ አንቀጽ ክፍተት አለበት›› በሚል ርዕስ የቀረበውን ጽሑፍ አንብቤ የተነሳው ጭብጥ፣ አስፈላጊነትና ወቅታዊነት ብዙም ባላምንበትም፣ በተነሱት አንዳንድ ሐሳቦች ላይ ከተነሱት ሕገ መንግሥታዊ መርሆዎችና ድንጋጌዎች ምክንያታዊ እሳቤ (rationale)፣ ይዘት (content)፣ መልእክት (message)፣ ትርጓሜ (interpretation) እና ማብራርያ ምሳሌዎች (illusturation) ረገድ የምስማማባቸውን ትቼ፣ በማልስማማባቸው ሐሳቦች ላይ ይን መጣጥፍ ስጭር፣ በተነሱት ጉዳዮች ላይ ምላሽ ለመስጠትና ለእሰጥ አገባ በር ለመክፈት እንዳልሆነና በሠለጠነው ሐሳብ የማንሸራሸር ውቅያኖስ ላይ ጠበል ጠዲቅ ከመቃመስ አኳያ ብቻና ብቻ እንደሆነ ግንዛቤ እንዲወሰድበት እፈልጋለሁ፡፡

ስለዚህ ሕገ መንግሥትና ሕገ መንግሥታዊነት፣ ሕገ መንግሥት ከሌሎች ሕጎች የሚለይበት መሠረታዊ ባሕርያት፣ የፓርላማ ሥርዓትና የጠቅላይ ሚኒስትርነት ሥልጣን መሠረታዊ መገለጫዎችና ከፕሬዚዳንታዊ ሥርዓት የሚመሳሰሉበትና የሚለያዩበት ሁኔታ፣ የአስቸኳይ ጊዜ ማዕቀፍ፣ ሕገ መንግሥታዊ ክፍተትና የኢፌዲሪ ሕገ መንግሥት በጠቅላይ ሚኒስትሩ አሰያየምና ያንፀባረቀው አቋም፣ እንደ መንደርደርያነት በመመልከት እውን ይህ የተባለው የሕገ መንግሥት አንቀጽ 75 ክፍተት ያለበት ነውን? የጠቅላይ ሚኒስትሩ መታመምና የተለያዩ የእክል ክስተቶች በሕገ መንግሥት መመለስ ያለባቸው ጉዳዮች ናቸውን? የኢፌዲሪ ሕገ መንግሥት እውን በተነሳው ጭብጥና ተያያዥ ነጥቦች ላይ ከቀደምት ሕገ መንግሥቶች የሚነፃፀር ነውን? የደርግ ወይም የኃይለ ሥላሴ ሥርዓት የወላድ መካን የሆኑት በሕገ መንግሥትና ሕገ መንግሥታዊነት መርሆዎች በተነሳ ጉዳይ ነውን? የሌሎች ሚኒስትሮች ቢሮዎች እውን ከምክትል ጠቅላይ ሚኒስትሩ ከፍ ያለ ኃላፊነት የተጣለባቸው ናቸውን? የሚኒስትሮች ምክር ቤት የሥልጣን ወሰንና እንደ አንድ አካል መቆጠር እርግጠኛ መሆን አይቻልምን? የጠቅላይ ሚኒስትሩ ጊዜያዊ ወይም ቋሚ ሕመም ለኢ-ሕገ መንግሥታዊ የሥልጣን ሽግግር ምክንያት ሊሆን ይችላልን? የሕገ መንግሥቱ ዘላቂነት በሚሉትና ሌሎች ተያያዥ ጭብጦችን እንደሚከተለው አብረን እንመርምራቸው፡፡

ሕገ መንግሥትና ሕገ መንግሥታዊነት
በዘመናችን ሁለት መቶ የሚሆኑ ሉዓላዊ አገሮች እንዳሉና ከእነዚህም በጣም የበዙት የተጻፈ፣ በጣት የሚቆጠሩት ደግሞ ያልተጻፈ ሕገ መንግሥት እንዳላቸው በዘርፉ የተካሄዱ ጥናቶች ያስረዳሉ፡፡ በመሆኑም ሰዎች ስለሚኖሩበት አገር ወይም ስለሌላው አገር ሕገ መንግሥት በአንዱ ወይም በሌላው መልኩ ሲገልጹ፣ ሲከራከሩና ሲወያዩ መስማት ወይም ማየት እንግዳ ነገር አይደለም፡፡ ስለ ሕገ መንግሥት የሚወያዩ ሰዎች ሁሉ ስለሚወያዩበት ሕገ መንግሥት ትክክለኛና የተሟላ ግንዛቤ አላቸው ብሎ አፍን ሞልቶ መናገር ግን አይቻልም፡፡ ምክንያቱም እያንዳንዱ ሰው ከደረሰበት የትምህርት ደረጃ፣ ከኖረበት ሥነ ቁጠባዊ፣ ማኅበራዊና ፖለቲካዊ ባህል፣ ከተሰማራበት የሙያ ዘርፍና ሌሎች ምክንያቶች ስለ ሕገ መንግሥት ያለው ግንዛቤ አንዱ ከሌላው ሰው የተለያየ በመሆኑ ነው፡፡

ስለዚህ ጽንሰ ሐሳቡን ለመረዳት ይረዳን ዘንድ ከትርጓሜው እንነሳ፡፡ ብላክስ ሎው የተባለው የሕግ መዝገበ ቃላት የሰጠውን ትርጓሜ ስንመለከት “Constitution is the fundamental and organic law of Nation or State establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner of its exercise” የሚል ፍቺ ሰጥቶት እናገኘዋለን፡፡ ይህን ፍቺ ስንመረምረው፣ ሕገ መንግሥት መሠረታዊ የሆነ፣ አንድ አገር ወይም መንግሥት የሚመራበትና የሚተዳደርበት፣ በዋነኛነት ስለሕገ መንግሥት አወቃቀር፣ የመንግሥት አካላት አደረጃጀት፣ የመንግሥቱን ባህሪና ስለ መንግሥት ሥልጣን ሊያዝ የሚገባውን ገዢ አስተሳሰብ፣ የመንግሥት ሉዓላዊ ሥልጣን ወሰን፣ መንግስት ሉዓላዊ ሥልጣኑን ሥራ ላይ ስለሚያውልበት አግባብ ወይም ሥርዓት፣ የመንግሥት ሥልጣን አጠቃቀም ላይ ልጓም በማድረግና ገደብ በማበጀት፣ መንግሥት ሉዓላዊ ሥልጣኑን እንዴትና በምን መንገድ መጠቀም እንዳለበት ገዢ የሆነ ደንቦች የሚያስቀምጥ ሕግ ብቻ ሳይሆን፣ ኢኮኖሚያዊ፣ ማኅበረዊና ፖለቲካዊ ባህል የሚገለጽበት ፖለቲካዊና ሕጋዊ ሰነድ ጭምር ነው፡፡ ሕገ መንግሥት በትርጉሙ የሕግና የፖለቲካ ሥርዓትን ቁልፍ ማዕቀፍና መሠረት የሚጥል (Framework and Skeleton) ሆኖ እንዲያገለግል የአውጪዎቹ የጋራ እምነት፣ እሴትና ስምምነት እንዲሁም የሥልጣነ መንግሥት ክፍፍልና በመንግሥት አካላት ውስጥና መንግሥት ከሌሎች ድርጅቶና ዜጎች በአጠቃላይ የሚኖረው ግንኙነት የሚወስንና አንዲት አገር በረዥም ጊዜ ውስጥ ዕውን ልታደርገው የምትፈልገውን ራዕይ፣ አገራዊ ራዕዩን ዕውን ለማድረግ መሳካት የሚገባቸው ሕገ መንግሥታዊ ግቦችንና ዓላማዎችን በረቀቀ ሁኔታ የሚገለጽበት ሰነድም ጭምር ነው፡፡

ይህ ማለት ግን የሕገ መንግሥት ተግባር ይህ ብቻ ነው ማለት አይደለም፡፡ ሕገ መንግሥት የመንግሥት ስያሜ፣ ዝርዝር ዲሞክራሲያዊና ሰብዓዊ መብቶችን፣ የአሠራር ደንቦችና ሥነ ሥርዓቶችን አጠቃልሎ ሊይዝ ይችላል፡፡ ሕገ መንግሥታዊ ሥርዓትም ተቋማዊ ልጓምና አለንጋ ወይም የቁጥጥርና ምዝዝን (Check and Balance) አሠራር ያለበት፣ የሕግ ሉዓላዊነት የሰፈነበት፣ የመንግሥት ተግባርና ሥራ በሕግ ሥርዓቱ ቁጥጥር ሥር የሆነበት የሥርዓተ መንግሥት ምሶሶ ማለት ነው፡፡

የአንድን አገር የሕግ ሥርዓት፣ የፖለቲካ እንቅስቃሴና ኃይሎች የሚወሰኑት በሕገ መንግሥት መርሆዎች ነው፡፡ ሕገ መንግሥት በተፈጥሮው ከሥልጣነ መንግሥትና ሥርዓተ መንግሥት ይዘትና አመሠራረት ጋር የተያያዘ ነው፡፡ ሕገ መንግሥት ሕግ ብቻ ሳይሆን፣ የፖለቲካ መሣሪያም ጭምር ነው፡፡ በአንድ ጂኦግራፊያዊና ሕገ መንግሥታዊ ወሰን ክልል ያለው አገር ውስጥ የሚደረጉ የፖለቲካ እንቅስቃሴዎች በሙሉ በሕግ ሥር የሚደረጉ ከሆነ ሕገ መንግሥታዊ ሥርዓት አለ ማለት ነው፡፡ የአንድን አገር ሕገ መንግሥት በማጥናት ብቻ በንድፍ ሐሳብ ደረጃ ፖለቲካውንና የሕግ ሥርዓቱን ማወቅ ይቻላል፡፡ ስለሆነም ሕገ መንግሥት ለአንድ የፖለቲካና የሕግ ሥርዓት የማዕዘን ድንጋይ፣ ምሰሶና ማገር ሆኖ የሚያገለግል ሰነድ ነው፡፡

ሕገ መንግሥታዊነት (Constitutionalism) ሥርዓተ መንግሥቱ ለአንዲት አገር ሕገ መንግሥት ያለው ታማኝነትና እምነት የሚገለጽበት ጽንሰ ሐሳብ ነው፡፡ የመንግሥት አካላትና የመንግሥት ባለሥልጣናት በሕገ መንግሥቱ የተደነገጉ መሠረታዊ መርሆዎች እሴቶች በሙሉ ልብ በመቀበል እነዚህን ሕገ መንግሥታዊ መርሆዎች፣ እሴቶችና ድንጋጌዎች በመላ ተግባሮቻቸው እንዲገለገሉበትና ሕገ መንግሥቱን በማክበር፣ በማስከበርና በመጠበቅ ያለውን ተፈጻሚነት የሚገለጽበት ዘውግ ነው፡፡

ሕገ መንግሥታዊነት በአንዲት አገር በሕገ መንግሥትነት የታወጀ ሰነድ ከመኖሩ ባሻገር፣ በሕገ መንግሥቱ ጥላ የተደራጁ አካላት ለሕገ መንግሥቱ ተገዥ ሆነው መገኘታቸውን ይመለከታል፡፡ የዘርፉ ሊቃውንት ሕገ መንግሥታዊነትን ‹‹The phenomenon of government conforming to the dictates of a settled constitution is known as constitutionalism›› በማለት ይገልጹታል፡፡ ሕገ መንግሥቱ በአገሪቱ ውስጥ የመንግሥት ሥልጣን ምንጭና መሠረት መሆኑና መንግሥት ዜጎችና ሌሎች ተቋማት የፖለቲካ ድርጅቶችን ጨምሮ ገዥ የሆነ የአገሪቱ የበላይ ሕግ መሆኑን በመቀበል፣ ለሕገ መንግሥቱ ተገዥ ሆኖ በመገኘትና ሕገ መንግሥቱም እንዲከበር የበኩላቸውን ኃላፊነት መወጣትንም የሚያመለክት ነው፡፡ በመሆኑም ሕገ መንግሥታዊነት ስንል የተለያየ ሐሳብና ፍላጎት ያላቸው አካላት ያሏቸውን ልዩነቶች በሕገ መንግሥቱ ጥላ ሥር ተሰባስበው የሕገ መንግሥቱን ድንጋጌዎች መሠረት አድርገው ለመፍታት ያላቸውን እምነትና ቁርጠኝነት ሁሉ የሚያመለከት ጽንሰ ሐሳብ ነው፡፡

ሕገ መንግሥት ከሌሎች ሕጎች የሚለይበት መሠረታዊ ባህርያት
ሕገ መንግሥት ከሌሎች ሕጎች የሚለይበት መሠረታዊ ባህርያት እጅግ በጣም በርካታ ቢሆኑም የተወሰኑትን ለመመልከት ያህል፣ የሕገ መንግሥት ዓይነተኛ ተግባርና ዓላማ የመንግሥትን ተግባራት ሁሉ መቆጣጠር ነው፡፡ የሕገ መንግሥት ከሌሎች ሕግና አዋጆች በተለየ ሁኔታ የሚወጣውና የሚሻሻለው በሕግ አውጪ አካል ሳይሆን ከሱ በላይ በሆነ ምልዓተ ሕዝብና ምልዓተ ሕዝቡ በቀጥታ በሚወስነው ውሳኔ መሆኑ፣ ህያውና መሠረታዊ የሆነ የሕጎች ሁሉ የበላይ ሕግ መሆኑ፣ ማንኛውም የመንግሥት አካል ውሳኔ፣ የኢኮኖሚ፣ የማኅበራዊና የፖለቲካ ፖሊሲዎችና ስትራቴጂዎች ከሕገ መንግሥቱ የሚመነጩና ከሕገ መንግሥቱ ጋር ከተቃራኑ ውጤት አልባ እንዲሆኑ የሚያደርግ፣ ከሥልጣነ መንግሥትና ሥርዓተ መንግሥት ይዘትና አመሠራረት ጋር የተያያዘ ሕግ ብቻ ሳይሆን የፖለቲካ መሣሪያም ጭምር ሲሆን፣ በሌላ መልኩ ማናቸውም ሕግ (አዋጅ ወይም ደን&#4709&#59;) ሊያሳካው የሚፈልገው መሠረታዊ ግብና ዝርዝር ዓላማዎች በሕገ መንግሥቱ እንዲመሠረት ያደረገ የሕግ ሰነድ ነው፡፡ ሕገ መንግሥት በአዋጅ ወይም በደንብ ሊገለጽና ሊካተት የማይችል ጥቅል መሠረታዊ ቁም ነገር የሚገልጽና ያካተተ ሰነድ ነው፡፡ ከግቦቹና ዝርዝር ዓላማዎቹ በላይ የረዥም ጊዜ አገራዊ ራዕይም የሚገለጽበትና የሚካተትበት መሠረታዊ ሰነድ ነው፡፡

በፓርላሜንታዊ ሥርዓት የጠቅላይ ሚኒስትርነት ሥልጣን መሠረታዊ መገለጫዎችና ከፕሬዚዳንታዊ ሥርዓት የሚመሳሰሉበትና የሚለይበት ሁኔታ
በዲሞክራሲያዊ ሥርዓት ማናቸውም መንግሥት ሲደራጅ ይብዛም ይነስ በመራጩ ሕዝብ በሚመረጡ ሰዎች እንደሚሆን ግልጽ ነው፡፡ በዚህ ሥርዓት መንግሥት በመራጩ ሕዝብ በቀጥታና ነፃ በሆነ ምርጫ በሚመረጡ ተወካዮች የሚቋቋም እንደመሆኑ መጠን ከሌሎች አካላት በተሻለ ሁኔታ ሕዝቡን ይወክላል፣ የሕዝቦች ፍላጎትን ያንፀባርቃል ተብሎ እምነት የሚጣልበትና የዲሞክራሲያዊ ሥርዓት እውነተኛ መገለጫ መሆን አለበት፡፡ በተለያዩ አገሮች የሚገኙት መንግሥታት የተለያየ አደረጃጀት ያላቸው ሲሆን፣ እንደ ናሙና (ሞዴ&#4621&#59;) ሆነው ያገለግላሉ የሚባሉት አደረጃጀቶች ፓርላሜንታዊ (parliamentary system) እና ፕሬዚዳንታዊ (presidential system) የሚባሉት ናቸው፡፡ ለምሳሌ የእንግሊዝ የፓርላሜንታዊ አስተዳደር ቅርፅ የተከተለ ሲሆን፣ የኤሜሪካ ኮንግረስ ደግሞ ፕሬዚዳንታዊ የአስተዳደር ሥርዓት ቅርፅ የተከተለ ነው፡፡

እንደ ፕሮፌሰር አረንድ ሌይፍርት የተባሉ የፖለቲካ ሳይንስ ምሁር ፓርላሜንታዊ የመንግሥት ሥርዓት በዴሞክራሲያዊ የሥልጣን ክፍፍል የተመሠረተ ሲሆን፣ መንግሥት (government) የሕግ አውጪው (የመንግሥት ከፍተኛው የሥልጣን ደረጃ የያዘ አካ&#4621&#59;)፣ የሕግ ተርጓሚና በጠቅላይ ሚኒስትሩ የሚመራ የሥራ አስፈጻሚ ክፍል የሚያደራጅ ነው፡፡ በእዚህኛው ሥርዓት በሕዝብ በቀጥታ የተመረጡ የሕግ አውጪ (ፓርላ&#4635&#59;) አባላት ሕግ በማውጣትና ሌሎች የሥልጣን አካላቶችን በመሾምና በመቆጣጠር የበላይ ሥልጣን እንዳላቸው የሚያረጋግጥ የመንግሥት ሥርዓት ሲሆን፣ የሥራ አስፈጻሚው አካል ዋና ኃላፊዎች የፓርላማው አባላት የሆኑበት ወይም ፓርላማው በቀጥታ እንዲቆጣጠራቸው የሚያደርግ ሥርዓት ነው፡፡ የሕግ አስፈጻሚው የሚመረጠው አብላጫ ወንበር ከያዙ ወይም የተጣመሩ ፓርቲዎች ነው፡፡ በጠቅላይ ሚኒስትሩ የሚመራ የሥራ አስፈጻሚ ክፍል የሚያደራጀውም እንደ ፕሬዚዳንታዊ ሥርዓት በግለሰብ ጥላ ሥር ሳይሆን፣ በድርጅቱ (ፓርቲ&#4813&#59;) ጥላ ሥር ብቻ ነው፡፡ ለስኬቱም ሆነ ለውድቀቱ በጋራ ፓርቲው፣ ጠቅላይ ሚኒስትሩና ሚኒስትሮች እኩል ኃላፊ የሚሆኑበት ሥርዓት ነው፡፡ ‹‹…in a parliamentary system, the prime minister is merely the first of the team-hence the term prime minister, or in Latin primus inter pares (the first among equals)… the relevant actors are not individual members of parliament, but the parties.››

በተቃራኒው በፕሬዚዳንታዊ የአስተዳደር ሥርዓት የሥራ አስፈጻሚ ክፍል (cabinet) የሚያደራጀው በፕሬዚዳንቱ ጥላ ሥር ነው፡፡ ለስኬቱም ሆነ ለውድቀቱ ኃላፊ የሚሆነው ፕሬዚዳንቱ ነው፡፡ በፓርላሜንታዊ ሥርዓት የአስፈጻሚው አካል ፓርላማውን መቆጣጠር የሚያስችለው ሥልጣን የለውም፤ ራሱ ተጠሪነቱ ለፓርላማው ነው፡፡ ይህ በመሆኑም የአስፈጻሚው አካል የሕግ አውጪን ብሎም አንዱ ሌላኛውን የሚቆጣጠርበትና የሚከታተልበት ሥርዓት ከፕሬዚዳንታዊ ሥርዓት አንፃር ሲታይ እጅግ የጎላ አለመሆኑን መገንዘብ ይቻላል፡፡ ይህ ማለት ግን የሕግ አውጪው በአስፈጻሚው ላይ የሚያደርገው ክትትልና ቁጥጥር የለም ማለት አይደለም፡፡ በፓርላማዊ ሥርዓት የሕግ አውጪው የበላይነት (legislative supremacy) ያለበት ስለሆነ፣ በአገሪቱ ግዛት ሥር ባሉ ሰዎች በራሱም ላይ ሳይቀር አዛዥነት፣ አስገዳጅነትና ተፈጻሚነት ያላቸውን ሕጎች ያወጣል፡፡ በፓርላማዊ ሥርዓት የፓርላማ ሥልጣን ከርዕስ ብሔሩም (Head of State) ከርዕስ መስተዳድሩም (Head of Government) በላይ ነው፡፡ ለዚህም ነው ፓርላማዊ ሥርዓት የሕግ አውጪው የበላይነት የሰፈነበት የሥርዓተ መንግሥት አወቃቀር ነው የሚባለው፡፡ የፓርላማዊ ሥርዓተ መንግሥት ዋነኛ መሠረተ ሐሳቡ ከግለሰባዊ ሥልጣን ክምችት (እንደ ፕሬዚዳንታ&#4810&#59;) ይልቅ ተቋማዊና ብዙ ተወካዮች ያሉበት ምክር ቤት ላይ ሥልጣን ቢከማች መተማመን (ኮንፊደን&#4661&#59;) መፍጠር ይችላል የሚል ነው፡፡

የአስቸኳይ ጊዜ የሕግ ማዕቀፍ
የአስቸኳይ ጊዜ ድንጋጌ መርህ የወል እሴት በሆኑና በአገርና ሕዝብ የተጋረጠ አደጋ ለመቀልበስ የሚደነገግ መርህ ነው፡፡ የአገር ሉዓላዊነትን ከውጭ ወራሪ ጠላት ለመጠበቅ፣ የተፈጥሮ አደጋ ለመመከትና ሕዝብና ዜጎችን ከበሽታና ሰቆቃ ለመታደግም ጨምሮ ሕገ መንግሥታዊ ሥርዓቱን እንዳይናጋ ለማድረግ ነው የአስቸኳይ ጊዜ የሕግ ማዕቀፍ የሚቀረፀው፡፡ ግለሰባዊ አንድምታ ያለው የአስቸኳይ ጊዜ የሕግ ማዕቀፍ የዳበረ የሥልጣኔ ዘንግ አላቸው በሚባሉ አገሮችም የለም፡፡

በኢፌዲሪ ሕገ መንግሥት የመንግሥት አደረጃጀት፣ የጠቅላይ ሚኒስትሩ አሰያየምና የሕግ አስፈጻሚው አካል አወቃቀር
በኢፌዲሪ ሕገ መንግሥት ምዕራፍ 6 አንቀጽ 53 ላይ እንደተጠቀሰው የፌዴራሉ መንግሥት ሁለት ምክር ቤቶች ማለትም የሕዝብ ተወካዮች ምክር ቤትና የፌዴሬሽን ምክር ቤት ናቸው፡፡ የሕዝብ ተወካዮች ምክር ቤት የሕገ መንግሥቱን ዓበይትና መሠረታዊ ዓላማዎች ከግብ ለማድረስ ከተቋቋሙት በርካታ ተቋማት መካከል በአንቀጽ 55 መሠረት በተሰጠው ሥልጣን ተግባራት መሠረት በአገሪቷ ከፍተኛ የሥልጣን አካል ነው፡፡ በዚሁ መሠረት ምክር ቤቱ ለፌዴራል መንግሥቱ ተለይተው በተሰጡ ሥልጣኖች ዙሪያ ሕግ የማውጣትና አስፈጻሚውን አካል የመቆጣጠር ሥልጣን ተሰጥቶቷል፡፡ በአንቀጽ 55 (13)፣ (17) (18) መሠረት ሹም ሽር መፈጸምን ጨምሮ የሕግ አስፈጻሚው አካል አሠራር የመመርመርና አስፈላጊ መስሎ የታየውን ዕርምጃ የመውሰድ ሥልጣን ለሕዝብ ተወካዮች ምክር ቤት የተሰጠ ነው፡፡

በኢፌዲሪ ሕገ መንግሥት አንቀጽ 45 መሠረት ኢትዮጵያ የምትከተለው ሥርዓት የፓርላሜንታዊ ሥርዓት እንደሆነ በግልጽ ተቀምጧል፡፡ ይህ ማለት በፓርላሜንታዊ ሥርዓት የሚገኙትን በጎ ትሩፋቶች በሙሉ ትጋራለች ማለት ነው፡፡ በሕገ መንግሥቱ አንቀጽ 56 እና 73 (2) መሠረት የሕዝብ ተወካዮች ምክር ቤት ሕግ ከማውጣት ሥልጣን በተጨማሪ የፌዴራል መንግሥት ከፍተኛ ሥልጣን ባለቤት መሆኑ ነው፡፡ ይህም የሚገለጸው በምክር ቤቱ ከፍተኛ መቀመጫ ያገኘ የፖለቲካ ድርጅት ወይም የፖለቲካ ድርጅቶች ጥምረት የፌዴራሉን መንግሥት የሕግ አስፈጻሚ አካል (ጠቅላይ ሚኒስትሩና የሚኒስትሮች ምክር ቤ&#4725&#59;) በማደራጀትና በመምራት ነው፡፡

የሕግ አስፈጻሚው የሚመራው በጠቅላይ ሚኒስትሩ ሲሆን፣ ጠቅላይ ሚኒስትሩ የመንግሥት የበላይ አስፈጻሚና የአገሪቷ ርዕሰ መስተዳድር፣ የሚኒስትሮች ምክር ቤት ሰብሳቢና የጦር ኃይሎች ጠቅላይ አዛዥ ነው፡፡ ይህ ሥልጣኑ ግን ከፓርቲው የሚመነጭ ነው፡፡ የጠቅላይ ሚኒስትሩም ሆነ የሕግ አስፈጻሚው የቆይታ ዘመን የሚወሰነው ሥራውን በአግባቡ እየመራ ነው ተብሎ እስከታመነበት ጊዜ ድረስ ነው፡፡ በፓርላማዊ ሥርዓተ መንግሥት ጠቅላይ ሚኒስትሩ ለሥልጣን ያበቃውን ፓርቲ በመወከል የሥራ አስፈጻሚው አካል ቁንጮ በመሆን ያገለግላል፡፡ የፓርላማ አባል ነው፡፡
ይህ ምርጫ የሚመሠረተው በፓርቲ ይሁንታ እንጂ በግለሰብ አይደለም፡፡ በኢፌዲሪ ሕገ መንግሥት ምዕራፍ 8 አንቀጽ 72 መሠረት ጠቅላይ ሚኒስትሩና የሚኒስትሮች ምክር ቤት አባላት በመንግሥታዊ ሥራ በጋራ ለሚወስኑት ውሳኔ በጋራ ተጠያቂዎች ናቸው፡፡ ምክንያቱም ይህ የሕገ መንግሥት ምዕራፍና አንቀጽ የሚያደራጀው የሕግ አስፈጻሚ አካል እንደ ቡድን በመሆኑ ነው፡፡ ነገር ግን ሕገ መንግሥቱ በአንቀጽ 56 እና 72 ያስቀመጠው መርህ እንደተጠበቀ ሆኖ፣ በአንቀጽ 73 እስከ 77 የአባላቱ የወልና የተናጠል ዝርዝር ኃላፊነቶች በልዩ ሁኔታ አስቀምጧል፡፡ ይህ በልዩ ሁኔታ የተሰጠ ኃላፊነት ግን መርሁን የሚሸረሽርና ለውድድር በር የሚከፍት ሳይሆን በአንድ መንግሥታዊ መዋቅር ጥላ ሥር፣ በጋራ ኃላፊነት፣ በጋራ አቋም፣ ለጋራ ግብና ዓላማ እንዲሠሩ የሚያደርግ መዋቅራዊ ቅርፅ ነው፡፡ ለዚህም ነው በአንቀጽ 72 መሠረት ጠቅላይ ሚኒስትሩና የሚኒስትሮች ምክር ቤት አባላት በመንግሥታዊ ሥራ በጋራ ለሚወስኑት ውሳኔ በጋራ ተጠያቂዎች ናቸው የሚለው፡፡

ለዚህም ነው የሚኒስትሮች ምክር ቤት አባላት በመንግሥታዊ ሥራ በጋራ ለሚወስኑት ውሳኔ ሁሉም ሚኒስትሮች እንዲተገብሩት የሚገደዱት፡፡ የአንድ አምሳልነት ማረጋገጫ፡፡ እዚህ ላይ እ.ኤ.አ በ2003 በእንግሊዝ ካቢኔ ሮቢን ኩክ የሚኒስትሮች ምክር ቤት አባላት በኢራቅ ላይ የወሰዱትን አቋም ደግፈው መቀጠል ስላልቻሉ ከሥራ መልቀቃቸውን ልብ ይሉታል፡፡

የሕገ መንግሥት አንቀጽ 75 እውን ክፍተት ያለበት ነውን?
በፍፁም፡፡ ከላይ እንደተገለጸው በመርህ ደረጃ ሕገ መንግሥት መርህ እንጂ ልዩ ሁኔታና የአፈጻጸም ድንጋጌዎች መያዝ አይጠበቅበትም፡፡ የኢፌዲሪ ሕገ መንግሥትም ያደረገው ይህንኑ ነው፡፡ የኢፌዲሪ ሕገ መንግሥት በአንቀጽ 75 ለምክትል ጠቅላይ ሚኒስትሩ ካስቀመጣቸው ኃላፊነቶች በተጨማሪ ጠቅላይ ሚኒስትሩ በማይኖርበት ጊዜ ተክቶ እንደሚሠራ ደንግጓል፡፡ ይህ የሆነበት ምክንያት ደግሞ አንድም ጠቅላይ ሚኒስትሩ ከአንድ በላይ ምክትሎች እንዳይሾም በሌላ መልኩ ደግሞ ምክትል አያስፈልገኝም በማለት ሊፈጠሩ የሚችሉ ክፍተቶችን ለማስቀረት አልሞ በተመጠነ ይዘትና ግልጽ በሆነ መልዕክት የተቀመጠ ድንጋጌ ነው፡፡ በተለይ ደግሞ በፓርላሜንታዊ ሥርዓት በሕዝብ ተወካዮች ምክር ቤት አብላጫ ድምፅ ካገኘ ፓርቲ ወይም ካገኙ የፖለቲካ ድርጅቶች ውስጥ የሕግ አስፈጻሚው እንዲያደራጅ በአንቀጽ 56 እና 73 (2) የተሰጠው ሥልጣን ቢኖርም፣ የሕግ አስፈጻሚው አካል ይህን መርህ እንደፈለገ እንዳያደርገውና ከሕዝብ ተወካዮች ምክር ቤት ጋርም ሆነ ከሌሎች የሚመለከታቸው አካላት ጋር በሚኖረው ግንኙነት ድልድዩ በግልጽ መለየት ስላለበት፣ በሕግ አስፈጻሚው ውረድ ተዋረድ ልጓም ያበጀ ድንጋጌ ነው፡፡

እንደ አስተያየት ሰጪዎቹ አንድምታ ሕጉ ክፍት ነው ያስባላቸው ምክንያት ‹‹በማይኖርበት ጊዜ ተክቶ›› የሚለው ለትርጉም ተጋላጭ ነው የሚል ነው፡፡ በመሠረቱ የሕገ መንግሥት ሰነድ በጣም በጥቅል ከመቀመጡ የተነሳ ሕገ መንግሥት የተወሰኑ ጉዳዮችን ብቻ ሊዘረዝር ይችላል፡፡ በአብዛኛው መርህን ብቻ ሊያስቀምጥ ይችላል፡፡ ይሁን እንጂ ዝርዝር ጉዳዮችን ባይዝም አጠቃላይ ይዘቱን ወይም መንፈሱን ከሕገ መንግሥቱ በመረዳት ሕገ መንግሥቱን መተርጐም ይቻላል፡፡ ለአብነት ያህል አጠቃላይ የኢኮኖሚ፣ የማኅበራዊ፣ የባህላዊ ፖሊሲዎች ሕገ መንግሥታችን ከአንቀጽ 85 ቀጥሎ በምዕራፍ አሥር ሥር ተለይተው በአጭሩ ተቀምጠዋል፡፡ ይሁን እንጂ እነዚህ ድንጋጌዎች በጣም ውስንና ጥቅል ሆነው በአጠቃላይ አቀማመጥ የተቀመጡ ናቸው፡፡ ስለሆነም ከእነዚህ መርሆዎች በመነሳት በዝርዝር ያልተቀመጡና ያልተሸፈኑትን ጉዳዮች አጠቃላይ የሰነዱን ይዘት በመፈለግ የመተርጐም ሥልጣን ያለው አካል ሊተረጉም ይችላል፡፡

አሁን እየዳሰስነው ባለነው ጉዳይ ግን ምክትል ጠቅላይ ሚኒስትሩ ጠቅላይ ሚኒስትሩን የሚተካው ከሰነዶች ማረጋገጫ በሚሰጠው የውክልና ሰነድ አይደለም፡፡ በሕገ መንግሥታዊ ውክልና ነው፡፡ ይኼው የመተካት ሁኔታ ግን ተግባራዊ የሚሆነው ጠቅላይ ሚኒስትሩ በቦታው እስከሌለ ድረስ ነው፡፡ ግልጽ፡፡ አገር ውስጥ፣ ውጭ አገር፣ ለረጅም ጊዜ ዕረፍት፣ አጭር ጊዜ ዕረፍትና መልቀቅን ጨምሮ፡፡ ለምሳሌ የኦሮሚያ ክልል ርዕሰ መስተዳደር በእክል ምክንያት ባልነበሩበት ጊዜ የርዕሰ መስተዳደር ሥራው ቀጥሏል፡፡ ይህ ማለት ግን የሥልጣን ሽግግር እየተካሄደ ነው ማለት አይደለም፡፡ ጠቅላይ ሚኒስትሩ ባለመኖሩ የሕግ አስፈጻሚው ወይም በሥሩ የተደራጁት የመንግሥት አካላት ሥራ አቁመዋል፤ የሥልጣን ክፍተት ተፈጥሯል ማለት አይደለም፡፡ በመሠረቱ ጠቅላይ ሚኒስትሩም ሆኑ ምክትል ጠቅላይ ሚኒስትሩ ያላቸው የመሪነት ሚና ከፓርቲያቸው አሸናፊነትና የፓርቲ&

07/30/12 @ 10:35
Comment from: Sir Thomas H [Visitor]
Sir Thomas H

Hi All including Neftegnas,
This dumb professor is now admitting indirectly that there is indeed constitution in Ethiopia. He has been saying for a long time Ethiopia doesn`t have constitution. Now he says crisis.Well, crisis of what idiot professor?For a crisis to happen,there should be a constitution.Now indirectly he admitted there is a CONSTITUTION.By the way,if you go and visit"Rate my professor” to see how students evaluate Prof Are Mariam,you will find out that the guy is really DUMB.

07/30/12 @ 10:52
Comment from: Time Ewnetu [Visitor]
Time Ewnetu

A banana republic is a politically unstable country that economically depends upon the exports of a limited resource (fruits, minerals), and usually features a classed society —a large, impoverished working class and a ruling plutocracy, the rich élites of business, politics, and the military. In political science, the term banana republic denotes a country dependent upon limited primary-sector productions, which is ruled by a plutocracy who exploit the national economy by means of a politico-economic oligarchy. In American literature, the term banana republic originally denoted the fictional “Republic of Anchuria", a “servile dictatorship” that abetted, or supported for kickbacks, the exploitation of large-scale plantation agriculture, especially banana cultivation. In U.S. politics, the term banana republic is a pejorative political descriptor coined by the American writer O. Henry in Cabbages and Kings (1904), a book of thematically related short stories derived from his 1896–97 residence in Honduras, where he was hiding from U.S. law for bank embezzlement.

In practice, a banana republic is a country operated as a commercial enterprise for private profit, effected by the collusion between the State and favoured monopolies, whereby the profits derived from private exploitation of public lands is private property, and the debts incurred are public responsibility. Such an imbalanced economy reduces the national currency to devalued paper-money, hence, the country is ineligible for international development-credit, and remains limited by the uneven economic development of town and country. [citation needed] Kleptocracy, government by thieves, features influential government employees exploiting their posts for personal gain (embezzlement, fraud, bribery, etc.), with the resultant government budget deficit repaid by the native working people who “earn money”, rather than “make money”. Because of foreign (corporate) manipulation, the kleptocratic government is unaccountable to its nation, the country’s private sector–public sector corruption operates the banana republic, thus, the national legislature usually are for sale, and function mostly as ceremonial government.

-Wikipedia.

07/30/12 @ 11:04
Comment from: kul [Visitor]
kul

Why much talk about the luck/absence of succession of power provisions in the constitution as if woyane is bound by its constitution? Woyane never respected its constitution. The constitution has been used for propaganda purpose only. One of the main purposes of modern constitution is to limit the power and term of the executive branch. Woyane’s constitution is designed to consolidate power in the hands of one man. Woyane’s constitution doesn’t limit the power of the prime minister. It doesn’t limit the term of the prime minister. This was not a simple drafting error. It was done with purpose. There is no modern constitution that allows one person to remain in power indefinitely. Only in Ethiopia!!!!

07/30/12 @ 11:17
Comment from: marcus [Member]  

It has been a couple of decades since I have been in Ethiopia. But, I know enough key facts about the country which enable me to make a general comment on its current situation.

The current EPRDF government has made some mistakes and has done some good things. It is not perfect or an angel. But, it is also not the worst government that Ethiopia has ever seen.

The Military Derg, led by the semi-literate, drunkard and sadistic Menghistu and his sycophantic followers was the worst ever Ethiopia had witnessed. It brought on the country, a political, social, economic, psychological and cultural disaster.

Menghistu’s government had abused and molested the Ethiopian people. In turn, it was abused to impotence by Egypt and its sidekick Sudan over the Nile issue. While millions of Ethiopians were starving, the Nile was flowing through the desert, taking water and fertile soil to the two evil countries. Simply put the Derg was good at big talk, hyperbole, and theatrics but weak in action.

I agree that the EPRDF could do better and improve by being more inclusive and a bit more trusting. However, cursing the current government, because its backbone is made up Tigreans, as if it is the worst Ethiopia has seen is not only disproportionate but also dishonest.

Some of the so called opposition people were active collaborators with the Derg government. Others were happily living when injustices were being meted out by the Imperial regime. In all of these cases, they never squeaked a sound.

At the present, Ethiopia is facing a serious challenge in the form of the perpetual Islamic ambitions. As everybody should know, for Muslims/Arabs Ethiopia and the highlands of Eritrea are an unfinished business.

I plead to all Amahras, Tigreans, Christian Oromos, Gurages and other nationalities to unite to answer this challenge at this critical time.

07/30/12 @ 11:33
Comment from: awlonefas [Member]  
awlonefas

This high caliber intelectual is not telling the whole truth, that is for sure, it is ok if this serves his aim. Yet, the good prof has raised a strong point, an issues which can not be neglected easily, besides it is damen hard to refute his argument without a profound knowlwdge of the matter. So wehre the hell are the incrbment constitution architects, are they also going to ignore this as usual until it is too late…. This would be an equal foolish mistake like hiding the obvious absence of PM, that however, is now to late & nothing to change. The PM is may be terminaly ill, may be on vaction and may even be dead, we have no source to relay on and have to join our own picture out of all the pices available out there.

Now, the same situation is unfolding, weather the current government like it or not the points this prof raised are there for everyone to take advantage of them! Give him the appropriate replay before it is too late, for sure you would have not survived so long without being able to handle issues like this adequately.

Is it a concoted mischive that the good prof compares appel and orange or he is leading us intentionaly to wrong conclusion. In any presendtial system the vise-presdent takes the responsibility immediately in the absence of the President, as they both are elected by the folk directely for the same term at te same time. By the same token in any parlamentary system the winning party still remain in rulling postion in the absence of the PM. The two are 2 differnt solutions of the phenomena called democracy. Sure enough, a nation can not jump from one system to the other at will, so comparing both is not permitted, i know the good prof knows that too. Yet “the DPM is not constitutional officer” is a strong valid point …….

Endeed, is Ethiopia in constitutional crise? Make my day!

07/30/12 @ 11:33
Comment from: Melo [Visitor]
Melo

Thanks Prof. Al. for yet another great piece.

The entire so called Ethiopian ‘constitution’ is nothing but smoke and mirror. It is written to confuse and dupe the people of Ethiopia. When was the last time we have seen the ‘constitution’ protect the rights of the Ethiopian people? Never. Instead it’s been used to manipulate the whole nation in to believing that their rights are respected and protected. Whatever right you think you have in the’ constitution’ is reversed by the parliament thru their endless suppression laws. It is nothing but a piece of garbage.

07/30/12 @ 11:36
Comment from: addiszemen [Member]  

bulcha,..

You still didn’t get my point. The diaspora oppo politicians the likes of almaria, are people who run away during the struggle. Most of all they were the ones who kept crying and discrediting our govt the last twenty years. They don’t believe in our constitution. All of a sudden who makes them law makers, telling Ethiopians what to do? Who gave them the right to call constitutional crisis in Ethiopia.
The bottom line is, almaria and the rest of the diaspora oppo politicians are #1 enemys of Ethiopia who supported our enemys and commited a heinous crime against Ethiopians, and they should be accountable to their acts. We don’t compromise with criminals and Ethiopian enemies. Above all you still discredit our govt, and wish to distablize the nation with whatever possible way you can. Do you think Ethiopians to be so stupid to accept you on your 11th our, whenever you felt it is time to give up and join {enjoy} all the great achievments and success.
Speaking of our PM, Meles the great, he will out live the old hopeless almaria and take us to the next level, a prosper, developed democratic Ethiopia.

07/30/12 @ 11:37
Comment from: gashe_mamo [Member]  
gashe_mamo

.
The Ethiopian constitution like any other dictator constitution all branches of the government comes from one party (1person) & respond to one party (1person); at least part of it should have come from a separate or free entity and these should have been clear in the constitution, Otherwise power will be, or in this case it is, controlled by one man or group.
On a constitution like the one in Ethiopia , if you put any person to rule ,most likely you will find a dictator because there is no mechanism of controlling.
Think for a moment, the party of your choice to be on that seat do you think they will let go of power? ….. The answer is No. ….even a party like EPRDF which has been tested with fire has bended for power and forgotten the people.
This is where our rulers cheated us and said power is given to the people!! …There is no way or mechanism to control them!!

The bigger picture is change of the constitution, no amendment
Will make it right…….

.

07/30/12 @ 11:41
Comment from: Tamrat Tamrat [Visitor]
Tamrat Tamrat

Is it realy a question of crysis? Does Ethiopia have a constitution?

We can say a coutnry has a constituion when the constitution is practised by all: by the people, leaders, police menn, military, kills etc.

Eplf and tplf wrote a pice of shit in 1991 just to eliminate eritrea (best described as meless nedded a bountry to run isayas to nedded a coutnry to run). Other wise the moment eritrea went away olf asked the same thing for oromwians and tplf and eplf together until 1998 called them terrorist. The sops (shabians) emmidiatlly after the war 1998 they started to work for the independency of Oromo people. You see how these tigrians both in north and sout sopy they are. You never cutch them uneless you boil them.

07/30/12 @ 12:24
Comment from: john john [Visitor]
john john

Absolutely no constitutional cries in Ethiopia this is your own delusional crises so you better visit your Dr. sooner than later. Ethiopia will remain stable and continue to its Grand Renaissance mission.

07/30/12 @ 13:29
Comment from: Tulu Proud ET [Visitor]
Tulu Proud ET

Yes Professor Alemayehu, your concern is so timely and right.

Ethiopia is in constitutional crisis. To have a constitution it takes a lot more than what Woyane cave men scribbled on. It lacks care, legitimacy, concern and intelligence.

From the beginning Meles didn’t come to place rule of law and order. The vagueness of the constitution concerning the issue of succession was never on TPLF agenda. Meles’s sole interest is to amass wealth and to destroy Ethiopia. Unfortunately that’s what happened.

We all knew that Meles’s intention was to stay in power and in the event of his sudden death or coup d’etat chaos to happen. Meles knew that he was surrounded by greedy people like him.

The viscous TPLF rebel leader merged out of same viscous groups knows how to prolong and protect his life in power. His constitution is only designed to protect him and his power not addressing the law in the county.

07/30/12 @ 15:17
Comment from: Ethiopian at heart [Visitor]
Ethiopian at heart

History is repeating itself, this is Africa! Excellent analysis, thank you Ato Mariam!

07/30/12 @ 15:17
Comment from: ment4you [Visitor]
ment4you

Addis Zefen the Brainless TPLF

What in the hell are you talking about diaspora this and diaspora that ante loser?

Are you scared of diaspora people?

ExtraIdiot the TPLF

You have a point there dude…..well that is for people like yourself who are intellectually challenged!!!
I assume TPLF is filled with Idiots from the bottom, poor street warriors like you and Zefen, to the top. No surprise there!

Time for you two to go liberate some Tigree people.

07/30/12 @ 15:38
Comment from: Nebro [Visitor]
Nebro

To all real Ethiopians!
Woyane ruled the last 20 years by the mouth of the barrel knowing rarely any one stands to give his life for freedom. Further more they knew they can play the ethnic card and they did! But now as Meles is already dead, conflict in Southern Ethiopia, the Muslims in markato and tension everywhere the woyane is dead scared and divided. It is time to rise in unity and stand together for a new free and democratic Ethiopia. All the x-army who served before woyane occupation are called to unite and rise to defend our mother land and crash the bandits as they used to punish them from Nakfa to Dedebit! Let us rise! We need to break this silence and woyane is at its last stand scared to death.

07/30/12 @ 16:41
Comment from: mesfin_b [Member]  
mesfin_b

ለ ***Samrawit*** ጸሃፊ, ትንታኔሽ በተለይ በ አማርኛ ስለሆነ በጣም ወድጄዋለሁ:: የ ስነ አገዛዝ ( political process) ማድረግ ወይንም መከተል ያለበትን አቅጣጫዎች በ ዝርዝር ገልጸሻል::
ዋናው ቁም ነገር ይህ ሁሉ በ አገራችን የሌለ ፍደ ገምድል ጨካኝ መሪ በ ዋና ከተማዋ ቁጭ ብሎ ፈላጭ ቆራጭ የሆነበት ኢትዮጵያ ነው ለ ሃያ አመታት ያየነው::

ይህ ከመጀምርያም መሆን ያልኖረበት ክስተት ከመሆኑም በላይ ስልጣን ከያዘ ቀን አንስቶ ሙጭጭ አርጎ አልለቅም የሚለው መለስ ሌባው / ሽፍታው በ ፈለገበት ጊዜ መጣጥፍ ይጥፍና በ ማግቱ ህገ መንግስት ይሀውላችሁ ተቀበሉት እያለ በህዝቡ ጉሮሮ ሲሰነቅር ይታያል::
ያ ግን ለሱ ጥቅም ያዘጋጀው እንጂ ህዝቡን የማይረዱ መሆኑን ከታወቀ አመታት ተቆጥረዋል::

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ሃቀኛ እና ህዝባዊ መንግስት እንመስርት ::

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07/30/12 @ 21:06
Comment from: Time Ewnetu [Visitor]
Time Ewnetu

When you have an established monarchy, the worst and lowest form of human characters somehow disappear. Once upon a time, Malawi, Guinea-Bissau, Nigeria, Gabon, Togo and Ethiopia had some form of monarchy that was transparent than the fraud leaders who disappear from them. Under democracy and federalism, which Nigeria and Ethiopia are respectively, their dishonest leaders had misled thier people. In Ghana, tribal folks swear the equivalent of yagere wenz yaferarden oaths, and honor the tribal chief system which even exist in thier communities abroad. At the jubilee celebration of Queen Elizabeth not long ago and at the opening of the Olympics last Friday, the on display regal, honored, magnificent and dignified royalty has no parallel in the world. Monarchy discourages bad behaviour and change bad guys into good. It is Godly and inclusive of all. It is all in the family affair - the whole country - with goodness at its center. We all have one lives to live to squander it on the unkown and on foreign system that is not designed to work for us.

07/30/12 @ 22:50
Comment from: Imperial Body Guard [Visitor]
Imperial Body Guard

“Unlike many countries of the world, We have provided the right to any resident of the Empire to bring suit against the Government or ministry, department, agency or instrumentality thereof, for wrongful acts resulting in substantial damage. Likewise, everyone in the Empire shall have the right to present petitions to Us.
So important have We considered these guarantees of Human Rights and Fundamental Liberties that, in the Revised Constitution, We have stipulated that not only the courts but, in particular, Ourselves, shall at all times assure and protect these Human Rights. They constitute principles which no branch of the Government, be it the Executive, Legislative or Judiciary, can transgress and which, in consequence, must be placed under the particular protection of the Sovereign Himself. We Ourselves will always be ready to act positively to ensure respect for these rights by all branches and every official of the Government. Thus, the lowliest subject of the Empire, the poorest as well as the richest, even the convict in prison, has always the assurance that the Sovereign is at all times vigilant in the protection of his rights and fundamental liberties.” HIM Negus Haile Selassie

“It is not necessary to enumerate countries where the people and entire country having lost unity, spiritual or otherwise, have become playgrounds and laughing stocks of outsiders. The historical events of certain countries bear witness to this fact. In our own times, there are those expansionists who by shedding blood, desire to achieve their ambition and by dismembering themselves they are seen as tools for alien interests. Our people from Ethiopia shed blood, to save them from disintegration. Those personalities who believe in freeing a country by secession are selfish and prey to outsiders. We will not accept their motives.” Selected Speeches of HIM Negus Haile Selassie I, page 426

“The aim of those leaders that is based on ambition for power and personal gain is one with no firm foundation and will, consequently, crumble easily.” Selected Speeches of His Imperial Majesty Haile Selassie I, page 471

“Every structure must be built on a solid foundation, for those constructed otherwise would soon collapse. The proclamation by which We made land grants to the entire Ethiopian people is the foundation of this scheme.” Selected Speeches of HIM Haile Selassie I, page 487

“Man can only begin an enterprise it is for God to dispose of it to a good end.” HIM Negus Haile Selassie I

Long Live the Constitutional Monarchy!
Long Live the Kebra Negast!
Long Live the United Nations Charter!
Fire burn down the neo-colonial satanic star of secession
Rise with the Lion of Judah!
Long Live Independent Ethiopia!

07/31/12 @ 00:31
Comment from: Time Ewnetu [Visitor]
Time Ewnetu

Twenty years from now, hardly will Woeyanes be remembered. Just like Mengustu era soldiers, officials, cadres, kebeles and who is who of that era now completely forgotten, out of time and out of favor. Islamist, having garnered momentum and power will be the threat then. The dark skies hanging over the people will spell I s l a m. To stop the continuation of the onslaught brought upon us by Mengistu, Meles, Afewerqi and the Arabs which stands to last sixty to seventy years, we must create a satellite mini country, preferably a mountainous place where our culture, throne, language, religion and golden Ethiopianess preserved and thrive. Washington, DC., is too cosmopolitan, prone to nuclear bombardment and not mountainous or secluded.

07/31/12 @ 00:58
Comment from: TEDDY [Visitor]
TEDDY

Mamo kilo the Agame Village Idiot ,now it’s been 40 days that your leba master’s body is in a state of kwanta into a Freezer for a
living guy he is surely still alive !!! LOL

07/31/12 @ 01:00
Comment from: TEDDY [Visitor]
TEDDY

Adgi banda ,are you kidding do you mean that your leba master shall come back from the outer world !!Why
not seen marching on Abay River to make appear with oracle the Millenium Dam !!!Making green your Rocky Land !!!As said our dear elders ” Mognina woreket yeyazehun ayelekem” !!That’s all you are MORON
BANDA !!!You can no longer hide the naked truth already being “YE ADEBABAY MISTIR ” to the Ethiopian Peoples as the whole .

07/31/12 @ 01:51
Comment from: kebede [Visitor]
kebede

rom: Mesfin B [Visitor]
ለ ***Samrawit*** ጸሃፊ, ትንታኔሽ በተለይ በ አማርኛ ስለሆነ በጣም ወድጄዋለሁ:: የ ስነ አገዛዝ ( political process) ማድረግ ወይንም መከተል ያለበትን አቅጣጫዎች በ ዝርዝር ገልጸሻል::

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ሃቀኛ እና ህዝባዊ መንግስት ተመስርታልfrom: Wolita Gamo [Visitor]
The good professor has another wonderful analysis that exposes the chat bet cockroaches in dc. However, it is a wishful thinking to expect from a group that came from a great land and serve a fertile land through of a gun to negotiation. This group is developing our fertile land and has been produced it for the highest bidder. We do not hear a land in anywhere being sold to anyone since there is no land to be sold. They have been sending our young girls to school who are willing to pay in hard currency. They have become coffee exports, where as their place of birth is only known for producing coffee and others crops. Unless, a concerted effort is made totally to uproot these great, there will be peace and real democracy in our country. WE HAVE TO LEARN FROM THE EXPERIENCES OF SOUTH KOREA AND BRAZIL. We have to be ready to sacrifice TO KEEP OUR PEACE AND DEVELOPMENT. There is no reason for chat bet parasites to negotiate. They have been lie the country FROM THE BASEMENT OF CHAT BET IN DC.our sons, daughters AND MY 90 YEARS OLD MOTHER are in USA and Europe. They will try their best to keep the status quo. We have to take the war to CHAT BET IN DC. If necessary we have to fight them street by street.

07/31/12 @ 03:05
Comment from: Sober [Visitor]
Sober

My take on this is that, Article 75 in the constitution can be implemented as-is with no revisions.
Per Article 75 (1) (b). The Deputy Prime Minister shall represent the Prime Minister in his absence. In the event of death, disability, resignation, illness, incapacity or absence of the PM, the Deputy Prime Minister is the constitutional successor to the PM or at least serve as acting PM until the final status of the current PM is resolved.

If in case something happens to PM Meles, our expectation is that the Minister of Foreign Affairs Hailemariam Desalegn will become the next Prime Minister of Ethiopia based on the constitution until the next election period or a new PM is elected by the winning party.

07/31/12 @ 04:20
Comment from: Fact [Visitor]
Fact

Our professor always write in english. I do not know to whom he address his writings. Mr., why don’t you try to write it in Amharic? If I were you, I will shut my mouth and live my life. You are such an ignorant one sided blid person I ever think of. You and Elias are the most arrogant, hateful, and narrow minded human beings in the 21st century. You two guys cost the oppositions a lot, because of you two guys Woyanes flourish, because of you guys oppositions lack credibility. Why don’t you guys get the f.. out in order for others to fight the fight without being childish and clueless.

07/31/12 @ 04:56
Comment from: letHimDie [Visitor]
letHimDie

One question to everyone:
Does anyone know what happened to ESAT’s website. It s not currently working. We realy need ESAT to get cridable news unlive ETV. One day without ESAT is like one full year in darkness. Please anyone with any information regarding this?

Oh and one more thing I want to say about the pro-Woyane abzi abzis who keep preeching about their false economic growth wuti wu stories over and over again. You can shave it up ur %^&& HOLE. “We need freedom more than food!” No more sucking blood from the poor people of Ethiopia, we will retaliate! You have guns, we have god!

God bless Ethiopia and her true children!

Death to Woyane,Shabia, OLF, ONLF, Derg, etc….all of them are good for nothing evil organizations. We need a true democratic system that serves the people not one that is served by the people. No more dictatorship!

07/31/12 @ 06:35
Comment from: EndeGadafiAyekeremTefi [Visitor]
EndeGadafiAyekeremTefi

Is their anyway to document all this comments for history I wonder. These comments show polarized ideologies about the poletical platform in Ethiopia. On one group you have those progovernment group (mainly minority Tigres) that either benefit from the current system or simply support it because they are Tigre on the other hand you have a secondary group (the majority of Ethiopia) that highly despise TPLF…This is the 100% pure fact both at home and aboard! Only the future will hold the outcome!

07/31/12 @ 06:58
Comment from: mesfin_b [Member]  
mesfin_b

የገረመኝ ነገር ምክትል ጠቅላይ ሚኒስትሩ መለስን ተክቶ ገለጻ ሲያደርግ አላየሁም::
መለስ ታሞ ምን እንደሆነ እንክዋን ሳይታወቅ በዝምታ ሁለት ሳምንት ካለፈ በሃውላ ጋዜጣዊ ገለጻ ያደረገው በረከት ነው::
ጠ/ ሚኒስተሩ ወይ ስልጣን ቢስ ለስም የተኮሰፈ ነው::
አለበለዚያም ትግሬ ስላልሆነም ሊሆን ይችልል::

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07/31/12 @ 07:11
Comment from: Ethiopiawinet [Visitor]
Ethiopiawinet

Marcus
I support what you said about Nile river. EPRDF deserves credit here. However, I’ve great suspecion and admant about your plan to form a country called Ethiopia in your image.
You want take care of unfinished business of Ethiopian Muslims (you said Arabs since you are allergic to those people) and Eritrea.
Tell us what’s that plan in detail if you are capable of it that super powers don’t dare it? You must be something from another planet or a child who wishes to perform the untouchable objects.

You commented about injustice during the feudal king. What a hypocrite! In one hand you try to take care of 55% Ethiopian Muslims (by oppressing or genocide,etc I don’t know how you take care of them) and on the other hand you talk about justice.

Justice or peace uttered often by FASCISTS, fanatic radical extremist terrorists, all those crazy nut people like you & co.

Go look at yourself on the mirror and read your comments which tally that of agent Assta may by this is his pseudoname. He uses several names why? because he is lonely nobody supports what he is writing unless they are delusional Hitler type.

In Ethiopia we have good constitution in theory. I doubted if we see justice in Ethiopia like Mengistu time though he was blood thirsty communist. He also deserves one credit for embarking on your oppressive parasite religion. The government for the first time functioned without unproductive oppressive church people. Ethiopian Muslims elevated to same status of the northern coptics. The country started to look for all and not one tribe, one religion like you profess and die to bring it back.

Meles reversed the fairness in religion and vicious cycles started again in different color with ugly face.
People like you very radical, extremist, genocidal wisher emerged. Ethiopia once again in critical point and only God knows where we go from here.
EPRDF will think have upper hand but it’s very temporary and the anger will build up among majority Ethiopian (Muslims) and the future will be theirs. They will become a secular state like Eritrea or Turkey. They leave religion for you to use it for tourism and boasting.
This is what I think the unfinished business you wish for our country.

07/31/12 @ 13:01
Comment from: Amhara Princess [Visitor]
Amhara Princess

Well, constitutional crisis is an understatement. The question should be what constitution? The one that allows zenawi & co to trumple upon 80 million Ethiopians? The one that they add onto overnight whenever they want to kill, jail, ban, abuse, drive out people from their country? The one that restricts press freedom, facilitates towards rights violations & helps wipe out any opposition? The one that appoints kangaroo law enforcements, Kangaroo prosecution, Kangaroo, laws, Kangaroo lawyers, Kangaroo judges? Constitution that allowed Zenawi & Co declare 99.6% victory? :)) Or is it the one that works for TPLF’s only? As in the one with article 39 that some TPLF geriatrics claimed to have it tattooed on their a$$ yet in reality, it does not exist? Oh, no no no no it must be the Constitution that allows bogus, tax exempt charitble Organisation such as EFFORT to become a multi billion dollar business? Totally Unheard of! Constitution that allows Zenawi & co to appoint Tigrays in key positions?

I acctually liked somebody’s definition & explanation of a Banana Republic above. Ethiopia is a typical example of Banana Republic with false-banana/dysfunctional constitution that is written over Khat grazing, boozy get-togethers of Zenawi & Co. They randomely add/takeout/alter parts from their Banana constitution as and when required. A constitutions that solely serves TPLFs is called Banana Constitution and a country that serves a certain dyfuctional mafia like entity/country is called A Banana Republic, which I believe Ethiopia is. As simple as that really. Isn’t tha why we are within the top 20 failed ststes globally, out of 195 recognized countries in the world? Constitution my foot!

As for Haile Mariam Desalegn, he is just a puppet, Lantika as my grand ma would say. This man failed his duty as deputy pm, as Ethiopian, as human being by deporting Ethiopia’s citizens from one region to other with racist justifications. Even if the order came from TPLF’s office, which it did any way, HaileMariam should have protested or at least justified what happened in a fair, appropriate manner. He put a blind eye and he even gave an impression that he was the one who made that decision/in charge. I would rather have another Tigray as PM than this retard. Hope they fire him.

@ Mesfin B

I love your short but precise reply to Samrawit’s detailed explanations of the Banana Republic & its Constitutions. Thanks.

07/31/12 @ 13:14
Comment from: yehuna [Visitor]
yehuna

Dear all,
constitutional crisis happens when there is a functioning legal document. The one we have is a name with some cut and paste fancy lines with no checks and balance and no way of independently enforcing it in meles’s government.

Ethiopian constitution is like my old car. It works as a ‘car’ and takes me to places, not all places.
I do not have to turn my car radio on or off. The switch /knob is broken. It works whenever it wishes to work. Volume control, changing channel is luxury to my car’s radio. If I have a passenger(I rarely have), they have to hear what ever coming from the radio speaker in what ever language.
You can practically take the key out from the ignition switch while driving on the freeway.
I do not have glass on a passenger door. when there is rain it is anybodies guess.
you have to find level ground to park other wise it can go both ways.
Early in the morning when I want to start the engine, I have to press the pedal 3 times as fast as I can and wait 3 minutes and crank the engine. if I hear blu ff— blo f ff— buff in stead of bluf ff crrrrannkkk, I have to do it again until I get the right combination and in a minute it shoots boooffff sound(means ready). I also have to adjust the inside mirror to see the smoke coming out of the exhaust pipe. If it is lighter, I have to press the accelerator more until I get darker smoke which makes a NASCAR victory lab an amateur scene.
I almost forget one important feature. I have to drive 20 /30/ 40 miles per hour for 10 minutes before I get in the freeway. I have never get speeding ticket on the freeway because the maximum my car can do is 40 miles per hour. A couple of times cops pulled me for driving slower than the posted speed limit and practically push me out of the freeway.
My friends used to tell me what to do with my ‘birkyiee’. I keep telling them that no mechanic fix this special car(I took it to the mechanic a couple of time and end up with more problem) and ask them to leave me alone with my car.
I call this ’device’ my car. Hey , Hey , take it easy guys it takes me to places. I think that is what cars are for guys!!!!!.

Away from the comparison and my lovely car;
I think we are looking two scenarios around tplf(who want to be in power forever) now a days.
1. Meles is so so sick. He want to divert economic and political problems looming around his head. He is hibernating and want to make a grand entrance by saying you guys are talking hot air!!!!.
2. Meles is seriously sick\…, and tplfites need time to
a. move around their ever exploding bank account around the globe.
b. give time to the rags to rich, pillars of the regime, time to amass more. Remember what eritreans did at the beginning of the 90’s .
c. contemplating ‘can we get along!’ line and giving lecture about the principle of ‘forgive and forget’.
d. run as fast as they can and allow some more to do the same.
e. elect a military leader with some tplf/eritrean/adwa background.
f. create distraction which makes them godly and as the only alternative.
G. Call Isayas and ask him guidance for good old time sake for some ‘firefarie’ against the usual ‘common enemies‘.

I do not wish meles a box. I wish him full recovery in a timely manner and should erase all the distractive element he planted and implemented , and do the right way as we know it without covering it with economic mambo jambo.
Take care.

07/31/12 @ 15:02
Comment from: Extraterrestrial [Member]  

letHimDie [Visitor]

Me too am wondering what happened to ESAT. I have been asking this same question and the answer I got is that the US government labeled ESAT as a terrorist website and blocked it, the people who were working with it directly or indirectly are on the run. An international lawyer is suggesting an establishment of a special tribunal to investigated and persecute those who were involved in ESAT.

I think those of us who enjoy the political comedy of ESAT should start protesting to stop the US government from continually blocking ESAT and hunting those who were connected to it.

I am thinking of self immolation to show how much I love ESAT, I don’t know about you but, if you are serious and want to do the same let me know. We can do it at the same time so that it can catch international headlines.

“TWO ETHIOPIANS BURN THEMSELVES TO DEATH TO EXPRESS THEIR LOVE FOR ESAT” is the most likely headline. What do you think brother, do you have the gut or is it just talk?

07/31/12 @ 16:18
Comment from: letHimDie [Visitor]
letHimDie

YOU CAN RUN BUT YOU CANT HIDE! TOO LATE FOR THAT!

“Today is the 40th day since Ethiopia’s khat junkie dictator Meles Zenawi has disappeared. ESAT has reported yesterday that its sources have confirmed his death. However, there is no official word from the ruling junta yet.

The dictator’s absence is already causing the regime to start unraveling. Our sources in Addis Ababa today reported that the regime’s hard currency reserve will evaporate in the coming few days, which will lead to the shortage of fuel and other essential supplies. The regime’s spies are also disappearing from local bars, internet cafes and other public places because of fear of backlash from the angry population.”

07/31/12 @ 16:28
Comment from: Tekle [Visitor]
Tekle

I have this for the Professor. I bet you in anything you want that Our Most Benevolent Prime Minister has already been in the mend and will be back in just a few days to resume his task as The Most Revered Leader of Our Peoples. You name the wager and I will accept including my Mercedes S600. If you lose it won’t cost you anything except you will post an apology personally to me on this website. So what do you say? If you have guts let’s do it!!!

07/31/12 @ 19:37
Comment from: ፊታውራሪ Free [Member]

In a desperate attempt to reassure the much confused, worried and distraught Ambasha boys and their lackeys, AdgiForum Wrote “Prime Minister Meles Zenawi is recovering well ahead of schedule…”

A head of schedule??

I am just wondering if his sickness or absolute disappearance was part of the ‘Five Year Growth and Transformation Plan’. :D

Where the hell is he? Is he alive or dead? The Ethiopian people deserves to know the truth. If he has passed away, what is taking so long to appoint a new leader? Do the woyane hooligans finally realized they are incompetent to lead the country and afraid of taking responsibility or have they all killed each other? Where is Meles Zenawi???

07/31/12 @ 23:06
Comment from: Yoni [Visitor]
Yoni

When your dream is slipping away
When you know you can’t fight
When you know you don’t have what it takes
When you know you don’t measure up
When you just got KO before the fight

YOU JUST WISH YOUR OPPONENT IS DEAD :)

The Die-As-Poor-Azz extremists and their media outlet ESAT aka Eat Shit And Talk embarrass themselves with PhotoShop news on Friday and ask for Fundraise on Sunday in their churches. lol

08/01/12 @ 10:06
Comment from: Monica [Visitor]
Monica

Midre Zeregna balager yekolo temari hula why don’t you burn yourself. Nothing is going to happen whether Meles is dead or alive. You all know deep down your hearts that Meles is a freedom that Ethiopia has never seen. You all know that no one has changed Ethiopia like he did. But you are so blinded by Racist hatred. It is the same like conservative whites hate Obama. The fact that he is better than them is hard to accept and disturbing because they think they are the only ones entitled to rule. Ethiopia yemanim Gondere balager mechawecha aydelechim. Long live EPDRF. Wondoch kehonachihu why don’t you go to the woods and fight. Weyanes fought for freedom drinking only water and sugar. You guys can’t survive one day without Kurt Siga. So you will never fight. You can only write hiding behind your computes. Hodam cowards

08/01/12 @ 10:20
Comment from: Sitina Ahmed (First posted on the Ethiopian Law and Justice Society blogspot) [Visitor]
Sitina Ahmed (First posted on the Ethiopian Law and Justice Society blogspot)

The Ethiopian Constitution is clear enough on the replacement of the PM. The problem is lack of openness, transparency and integrity in the political system. Anger and frustration with the political system is one thing while telling the truth another. There is no “constitutional crisis” that forces constitutional debate, review and amendment which takes years. Even TPLF says “the Constitution is clear” and we should insist that it respects what it says.

Most of the constitutions of countries that have adopted parliamentary system (as opposed to presidential system) do not specify succession of power if the prime minister is removed from position, resigns, dies or loses capacity to carry out her/his duties due to illness or some other reason. This is true for Britain and Canada, two of the oldest democracies with long constitutional and parliamentary history. Ethiopia falls in the parliamentary system category but with brief constitutional and parliamentary history and authoritarian rule.

Removals, resignations, deaths and incapacity of prime ministers occur rarely and most of the countries in the parliamentary system do not seem bothered by power succession issues. Ethiopia is not an exception in this regard. In practice, when there is no prime minister, a “constitutional convention” steps in to fill the gap. Generally speaking, convention provides that deputy (vice) prime minister positions are symbolic which do not enable the holder of such office to claim and acquire the prime minister position. Again, generally speaking, the governing party from which the prime minister came will form a new government or the party will elect a new leader who becomes the prime minister. The new prime minister might form a new cabinet or continue with the old one. He vacates his office with the end of term of his predecessor.

Compared to others, the Ethiopian constitution appears better; it indirectly specifies how the prime minister can be replaced. In conformity with the convention and tradition of the parliamentary system, Article 75 of the Constitution makes clear that the deputy prime minister cannot replace the prime minister. The moment the prime minister is unable to carry out her/his functions, the deputy prime minister loses power to act on her/his behalf. The deputy prime minister can finish tasks given to him by the prime minister but cannot undertake new ones. In effect, his responsibility as deputy prime minister ends simultaneously with that of the prime minister. Any decision he makes after that stage can be illegal except decisions with international consequences which might be binding.

Again, in conformity with the convention and tradition of the parliamentary system, once the prime minister is removed, resigns, dies or loses capacity, his position is open and it is to be filled. In our case, it is by way of election. The same procedure through which the prime minister took office in the past. Article 73 of the Constitution states that the prime minister is elected by the Council of Peoples’ Representatives (HPR) from among its members. The article further states that executive responsibility is assumed by a party or a coalition of parties that constitutes a majority in the Council of Peoples’ Representatives. Since there is no change of government, any member of the HPR that comes from the party that has won the majority of seats becomes the prime minister. His term of office ends with that of the HPR’s whic is shorter than five years.

What appears to be missing is the procedure to initiate the process of replacing the prime minister. Such a procedure is not supposed to be dealt with by the Constitution. Laws other than the Constitution and internal regulations of the HPR casts some lights on this issue. First, the prime minister has an office established by law led by a minister. The office, responsible for the day to day activities of the prime minister is expected to report the prime minister’s absence from office to the HPR, to which the prime minister is accountable. The HPR then investigates the situation and proceed to replace him by electing a new prime minister as stipulated by the Constitution. If the HPR was independent, it could have, on its own accord, initiated investigation since the absence of the prime minister from office for a month or more is a public knowledge. Second, members of HPR could petition for an investigation of the situation so that a prime minister is elected.

The 2010 election fiasco put aside, executive responsibility is still assumed the TPLF/EPRDF. That’s the party that constitutes the (absolute) majority in the HPR. The TPLF/EPRDF resembles a coalition of parties, but it is a partnership of different ethno - political organizations led and controlled by the TPLF. It is a party and not a coalition of parties as foreseen by the constitution. The fact that TPLF/EPRDF is considered one organization irrespective of ethnic background of its constituent parties makes every individual member of the parties eligible to be elected prime minister. The only additional requirement is being elected to the HPR.

The interesting thing to happen from election of a new prime minister is if the junior partners of TPLF vote in block. Say OPDO, ANDM and SNNP vote for their candidate or vote jointly for their joint candidate. Since these organizations individually and collectively have the majority of seats in HPR, they can effectively end TPLF rule in the country.

08/01/12 @ 12:12
Comment from: Extraterrestrial [Member]  

ፊታውራሪ Free [Member]

ESAT the mother of all lies was quoting the International Crisis Group when they report about the health of the Golden Prime Minister Ethiopia/Africa, now ICG said they never said anything about the health of the PM and actually are asking ESAT to give explanation for their reference of ICG.

Is ESAT was using Amhara witchcraft to predict the health of the Golden PM?

Since you are an original debetra of waldeba and also member of nazi.com, I am hoping you can be the best person to give us explanation how modern media service and stone age Amhara witchcraft are working hand in hand.

08/01/12 @ 14:13
Comment from: Tulu Proud ET [Visitor]
Tulu Proud ET

Dictator Meles is dead, dead and dead.

Ethiopians it is your time now to capture the moment QUICKLY. God the Almighty has granted you the unthinkable opportunity. The time now is in your hand to work peacefully.
Don’t waste a moment. Come together and select a good and capable person to will lead during the transitional time until future election.

Don’t give a chance to EPRDF brutal hyenas to steal power again. They are in chaos now fighting over power.

The mission is to Select a good leader:

who is loyal to Ethiopia and its people.
One who loves or likes Ethiopia and Ethiopians
One who never sells fertile land to foreigners and starve Ethiopians.
One who brings unity, equality and harmony
One who respects humane rights, cultures and traditions
One who upholds the law and a good and fair constitution that protects citizens from government abuse
One who respects freedom of expression and doesn’t mass imprison people for criticizing the government
One who is not removing locals from homes and land to sell their land
One who works day and night to bring all Ethiopians out of poverty and misery.
One who respects his important position and is not irresponsible and callous

One who will not disappear from the face of the earth without transferring his unattended duty another

One who will not disappear without notice or a message to the people

One who welcomes and embraces all Ethiopians inside, Land grab victims living in neighborhood countries and aboard to come and work together.

08/01/12 @ 15:39
Comment from: Tulu Proud ET [Visitor]
Tulu Proud ET

Tekle and TPLF Wenbede groups this is the news for you.

Meles Zenawi’s 21-year tyrannical rule has surely come to a screeching halt. He is gone for good.

My question to TPLF hardheaded Tekle, addis zemen and the likes is what information do you have that we don’t have?

So far Dictator Meles has vanished from the face of the earth with out notice. That is the fact. His loyalist supporters are panicked, confused and distraught. They don’t know what to do or say. That is the fact.

Except the usual TPLF lies no information is coming out. TPLF hoodlums are hiding the truth and fighting with each other. That is the fact.

So the other TPLF lie mouth piece, Tekle how do you know that Meles is mending and will come back while he is not speaking and appearing any where?

Well I have bad news for you that is very hard to swallow. Your banda dictator is dead for good. You will never see him again on earth except in hell.

08/01/12 @ 15:56
Comment from: mesfin_b [Member]  
mesfin_b

ለ ፊታውራሪ free

ስለ ሽፍታው መለስ የጻፍከውን አይቼ ስቄ አላባራሁም!!!
የ 5 አመት የ እድገት እቅድ ውስጥ የገባ ሊሆንም ይችላል::
የ እኔ አመለካከት ደግሞ እንደሚከተለው ነው ::

*******************************
የ አምባሻ ልጆቹ ህልምም መለስ አንደገና እንደ ክርስቶስ አርጎ አምላክ ሁኖ እንደሚመጣ ያልማሉ ::
ሽፍታው መሪያቸው አጽሙ ይግዛን የሚሉት እነኚህ ግብዞች እጣን እያጫጫሱ እግዚኦ ገታችን መለስ ሆይ መቼ ነው እንደ አምላክ የምትመለስልን? ሲሉ ማየት ከዚህ የበለጠ አስቂኝ አድራጎት በ አለም አልታየም!!

******************************

08/01/12 @ 21:55
Comment from: Amhara Princess [Visitor]
Amhara Princess

@ ፊታውራሪ Free

Hahahahahhahahhaaha! That was hilarious love. Can’t stop laughing. Yeah, this most def sounds like part of the growth & transformation process, where PM gets sick by appointments & recovers ahead of schedule! Thanks for the laugh. :):)

08/03/12 @ 21:16

rebtel

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