By Amaha Belay

December 14, 2001

A Constitution is a sacrosanct document, which has to be consistently and incontestably followed, respected and abided by every citizen, irrespective of wealth, education, post, etc. in a given society. It is both a guide and monitor for a country to be ruled by the laws and regulations, which have been formulated, endorsed and inscribed in it. Violation of any article of the Constitution by any group or person is then considered to be a criminal act, leading to death sentence, short or life imprisonment, depending on the gravity of the case. A country with dishonest and sham Constitution, breached now and then by the political elite, who are to set and show good examples, can only be characterized as both suppressive and authoritarian. Though the Constitution of the country has some defects, which on process could be amended through thorough discussions, it was after all a good start and inspiring one as one of the first documents for honoring those who fell victims and spilled their blood for a democratic and free Ethiopia.

Many people thought that the Ethiopian armed struggles as grassroots movement of the people of Ethiopia would once for all get rid of oppressions and heinous crimes of the derg and bring about equality, liberty, democracy and rule of law among the various nations and nationalities of Ethiopia. Ethiopia and Ethiopians after being transformed from a one party state with command economy in 1991 into pluralistic society with different parties and free enterprises would enjoy the fruits of their struggle, breathe the freedoms of expression and association and feel proud of belonging to Ethiopia. Many people had given their dear lives so that the citizens of this country would enjoy the opportunity to exercise their basic human rights without any intimidation, imprisonment, persecution and execution. Many people had the vision that in place of the dictators whether imperial or military would come an accountable, responsible, transparent and participatory system. All the above wishes and dreams have been demolished by the government of Meles Zenawi. The Constitution is put aside, collecting dust in the archive rooms or thrown as rubbish, Ethiopia is still in a constant turmoil with ethnic contradictions, where ethnic groups are ganging up against each other everywhere (12,000 Amharas displaced from Wollega, Afars, Somalis and in all the Southern nationalities), people are harassed, human right activists and opposition forces are imprisoned, people are charged with false allegations on corruption with no due process of the law and with court hearings, postponed continuously by the order of the PM. It is a tragedy for us Ethiopians, who get rid of one dictator to be replaced by another.

The main preposterous idea and deceitful approach of this regime in contrast to other regimes is that it states now and then in its propaganda campaign to be guided by the Constitution of Ethiopia. The government of Meles has neither the spirit nor the moral ground to maintain the slightest human rights and democratic values. People are suffocated to death by its police and security people. There are thousands of people languishing in the prison cells for years without their cases being heard or convicted. Independent journalists, who are now the only people checking and scrutinizing the government as Ethiopia is almost under one party (EPRDF) dictatorship with Meles at the head and informing the public, are intimidated, threatened to life and exiled. Article 29 of the Constitution stipulates the following sub-articles on the Right of Thought, Opinion and Expression as follows :

1.Everyone has the right to hold opinions without interference.

2. Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.

3. Freedom of the press and other mass media and freedom of artistic creativity is guaranteed. Freedom of the press shall specifically include the following elements:

(a) Prohibition of any form of censorship.

(b) Access to information of public interest.

4. In the interest of the free flow of information, ideas and opinions which are essential to the functioning of a democratic order, the press shall, as an institution, enjoy legal protection to ensure its operational independence and its capacity to entertain diverse opinions.

5. Any media financed by or under the control of the State shall be operated in a manner ensuring its capacity to entertain diversity in the expression of opinion.

6. These rights can be limited only through laws which are guided by the principle that freedom of expression and information cannot be limited on account of the content or effect of the point of view expressed. Legal limitations can be laid down in order to protect the well-being of the youth, and the honor and reputation of individuals. Any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law.

7. Any citizen who violates any legal limitations on the exercise of these rights may be held liable under the law."

Are these main and central issues for the fulfillment of the Constitution existing in present day Ethiopia? Is freedom of the free press guaranteed in Ethiopia? Is the State owned media objective as to entertain different ideas, thoughts and opinions? Has the person or persons chasing the media folk and violating the elementary rights of expression been charged and convicted of their crime, the crime against the Constitution? The answers are resoundingly no. The Constitution of Ethiopia for those in power is only a magniloquent hanky-panky and facade to dupe the outside world into helping Ethiopia and at the same time bathe in opulence with the help of aid or borrowed money.

Let’s take the recent example of the Wogahta newspaper, the only privately owned newspaper in Tigrigna, disseminating views, opinions and ideas for Tigrigna speakers. The Editor-in-Chief, who is a highly respected and independent woman has the vision of using, developing and disseminating information in our language. She would have got a prize for meritoriously serving and enlightening people in their own language, had this been the case in other democratic countries. But, what we see and hear is that the lady was imprisoned, is always subjected to phone-terror and threats to her and her family’s life. Is she not a living testimony and example for women’s emancipation and empowerment, when tens and thousands of her gender fought side by side with men to achieve equal rights and opportunities? Though it is understandable that the official organ of TPLF Woyin is totally rejected by the people of Tigray (no one reads it even if it is distributed freely) due to its content, the drastic measures taken against Wogahta and its Editor have to be stopped. The people of Ethiopia needs pluralism and we say hands-off Wogahta.

The Ethiopian government is paying lip-service in every aspect, concerning the Constitution and curls its lip against the Ethiopian people. The opposition forces have to learn much from experiences of other countries and try to relinquish their petty differences and merge at least on minimum levels. They can have enormous successes, if they work together to put the country in a democratic course. We know how the opposition forces in Nicaragua did put aside their differences and ousted the Sandinist government from the office. The opposition parties or groups must know that power struggle is a scourge, but working together to make a difference is what the people of Ethiopia is yearning for.