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Legitimising the illegitimate
From time to time calls have been made by individuals and groups, calling Eritrean government to implement what they call ratified Eritrean constitution. Even Awate team has joined the chorus by calling opposition groups to adopt the constitution with a view of amending its shortcomings. “Picking up Where DIA left off, Pencil, 24.02.03”,. I do not share the view which states, that this constitution can be “sanitised” or re-drafted, so that it can appeal to “all Eritrean people”. By Awate teams own admission, this was tailor made constitution for his Excellency President Isseyas Afwerki.” Yes, we understand that there are several articles in the EC that are an outright insult to the intelligence of Eritreans: the presidential job description that invites an absolutist dictator is just one example”. “ Picking up where DIA left off, Pencil, Feb 24, 2003”. I would like to go further than that and state, this constitution was drafted by the ruling elite, to legalise the hegemony of one ethnic group in Eritrea. Hence, in this article I intend to question the validity and legality of so called “EC” . “Ratified Constitution”, “widely debated constitution” are some of the phrases which had been persistently used by the supporters of EPLF / PFDJ to describe the constitution making process and its subsequent adaptation of the draft by so called “Eritrean Assembly” on May 1997. The man entrusted to head this process was Dr Berekhet who was hand picked by DIA. Having delivered” the goods” for reasons unknown to us, a public fall out followed between the Dr and DIA and the rest of the story is history. To begin with I would like to de-mystify some of the phrases used by ex-supporters of PFDJ, who are calling for the implementation of what they call a “ratified constitution”. according to this group, the constitution was ratified by “Eritrean Assembly” on 24.05.1997. However, as we learned from Dr Berekhet, the implementation date for the constitution was left deliberately open. “Awate interview with Dr Bereket “ Hence, the measuring stick for the legality of this document according to those who argue, for its implementation is, the adaptation of this document by the rubber stump assembly in May/1997. However, they conveniently forget, the same rubber stamp assembly on its meeting held on January/ 2002 have adapted whole series of measures which completely negates previously adopted resolutions, thus, paving the way for DIA to take all measures he sees fit to consolidate his power. In essence, the same assembly has de-ratified what ever they have ratified previously, therefore, to claim this document is ratified by Eritrean Assembly is not only in accurate, but it is sheer stupidity. Furthermore, one should ask whether this un-elected assembly, which is made up of PFDJ army and PFDJ cronies is representative of our people. Or whether it has any legal or moral authority over our people? My answer is, a resounding no, therefore, any law this assembly pass and any measures they adopt should be seen as illegal acts by an illegal government. On the other hand, one also need to question the judgement and wisdom or motive of the man who was behind the so called “constitution making” exercise. In his interview with Awate team dated May/2001, he readily admitted the implementation date was left open, so that PFDJ special court can “clear their desk”. Effectively meaning PFDJ’s kangaroo court to take illegal measures against those they accuse of “corruption” etc...For me, this amount to collusion or at least conversion of interest between Dr Bereket the man entrusted to draft the constitution and PFDJ the prime abuser of the state power. There is also this myth propagated by those who were supporting the regime not long ago. They claim that “the constitution was widely debated inside and outside Eritrea”. Also they claim that “constitutional commission was made up of all Eritrean ethnic / religious groups”. “An Exclusive interview with Berket Habte Sellasie, AWATE, May 17, 2001”. Once again, if one has to take PFDJ definition of wide popular participation. This process is still on going. According to Dimtsi Hafash” The people of Eritrea still adore the leader and they are fully behind him and his regime. Popular participation and debates regarding national issues are still raging”. In such case, either PFDJ is/has always been lying or those who enumerate PFDJ’s democratic credentials before 1998 are lying. In my view this regime has not changed an iota since it came to power in 1991. Yet, Dr. Berekhet and the rest of those who were supporting the regime have the audacity to claim, there was a democratic process in constitutional drafting process and that everything was hanky dory before the war with Ethiopia in 1998. How can there be a democratic process if the ruling party who sponsored this project was and still is, the only legitimate party in the country. How can there be a wide participation when no single free media was allowed in the country and no single free civil society was allowed to participate in this process. With regard to the ethnic / religious representation of the commission this is what Dr Bereket has to say to Saleh Yunis.“What was the criterion used to select them? What was the background of the group during the liberation struggle and post independence?” “I have no direct knowledge of the process of the selection of the members of the Commission, except in the case of some of the members of the Executive Committee, as I already explained. But informal talks that I had with some members of the National Assembly indicated to me that the primary consideration in selecting the members of the Commission was their participation in Eritrea’s liberation struggle. Indeed, the vast majority of the members were liberation fighters. The few cases of members who were not liberation fighters reflected the concern of the appointing authorities for representation in terms of ethnic, religious and gender balance. There is, of course, an important condition – they must not have worked with the enemy working against Eritrea during the struggle ” etc. Emphasis mine. “An Exclusive interview with Berket Habte Sellasie, AWATE, May 17, 2001”. From this answer one can surmise, this is representation PFDJ style. Ethnic groups who are supposedly represented, had no say on who should represent them, and those who were appointed by PFDJ to represent their respected ethnic groups, were not aware that the criteria for their selection were their ethnicity. Curiously enough Dr Bereket also stated that to be a member of the constitution drafting committee candidates should not have worked with the enemy during armed struggle. If that was the case, I fail to see, why this criterion did not apply to the man who was working as attorney general under Haile Sellasie & Mengistu Hailemariam. In my humble opinion, the constitution fails not only on constitution-building process, but it also fails in other crucial aspect. Namely, recognition of our diversity. The much talked about constitution does not in any way guarantee equal representation of all Eritrean ethnic groups in the government. None of its 58 articles mention, let alone guarantee, equality of representation between the nine ethnic groups that make up Eritrea today. Obviously, the underlying assumption by the Tigrinya ruling elite is that, all ethnic groups are well represented in the current government. Indeed, Dr Bereket hammers home this point in his interview with Awate team, by saying that Eritrea has well integrated society, and as such he does not see a necessity to consider other system/s of governance. Sadly, this false assumption is shared by majority of the ruling ethnic class, whether they are on PFDJ camp or in opposition camp. As such, the Tigrinya elite in opposition camp does not have any qualms, regarding implementation of the legal document that is designed for legalisation and formalisation of monopoly of power by single ethnic group. However, given that: a) The constitution building process was not sensitive to our past history. i.e. It did not accord recognition for all those who struggled for Eritrea’s independence. b) This constitution formalises the status quo. i.e. Monopoly of power by a single ethnic group in Eritrea. c) It fails to break with the past. i.e. This is a constitution of the victor and as such will hinder any reconciliation process. d) Not all stake holders participated in its formulation. i.e. none of the other 8 ethnic groups which make up Eritrea were able to choose their representatives on the committee that drafted the constitution. e) There was no freedom of association, free political parties or free civil societies to debate the constitution. f) It failed to address all sensitive issues. i.e. religion, language, national flag, national anthem, equal representation of all ethnic groups at all levels of the government. I would consider this particular constitution as non-starter. It is my conviction, that the demise of the dictator and implementation of this constitution alone will not bring peace and justice for all Eritreans. After all, It is silly to think Africa’s enduring political crisis emanate from lack of beautifully worded or well written constitutions. In contrary, it is directly linked to a) exclusionary politics of ruling elites who use or draft constitutions that protects their power, b) Act and believe by the ruling ethnic elites, that, they are guarantors of national unity. Source: awate.com (Nov 27, 2003, 10:07 PST)
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2006-05-29 00:00 :Copyright © 2005 Last modified |
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