Laws as tools of repression - a great revelation of the election
By Datan Tena
October 13, 2005
Submitting for approval and collecting fees for services rendered is one of the powers and duties given to the Authority under Article 7(1/k). Under Article 7(3/a-g), it has authority, with respect to road transport in cities accountable to the Federal Government - Addis and Dire at present; inter alia, to:
-
register vehicles, undertake annual technical inspection and follow up;
- issue certificate of competence to individuals and enterprises engaged in transport and garage services;
- issue license to driving lesson institutions and trainers;
- issue driving licenses; and
- carry out other activities related to the cities' transport services.
And for these services (it renders), it collects fees. But where is this money channeled? Article 10(1) states license fees and service charges it collects will cover or form part of its budget. It does not go to Addis' coffers. Article 26(2) as a logical consequence transfers the rights and duties of the Addis Ababa Transport Authority and the Dire Dawa Transport Agency to this Authority and organizes them as its branch offices. This move has a far wider implication than income reduction. Now that EPRDF forms the federal government it can use this license issuing federal institution as a tool of repression against any protest by way of taxi strike or otherwise.
The other last minute law draining the revenue of Addis is the "Authentication and Registration of Documents (Amendment) Proclamation No.467/2005." The premier made no specific mention of it in the interview. The Notary Offices established in Addis Ababa and Dire Dawa shall perform their functions under the direction of the Ministry of Justice declares Article 2(1) of the Amendment.
The (Notary) Office of Addis or Dire shall have a head appointed by the Minister of Justice and the necessary staff - federal employees - Article 2 sub-articles (2) and (3/a). Its budget is drawn from revenues derived from the services it renders and subsidy made to it by the Federal Government - Article 2 (4) and Article 24(1) of the Authentication and Registration of Documents Proclamation No.334/2003.
This is what the laws plainly proclaim. According to the Federal Government of Ethiopia Financial Administration Proclamation No.57/1996, "public money" means all money belonging to the Federal Government received or collected (or receivable) by the Minister of Finance or by any official of the Federal Government or by any person authorized to receive and collect such money on behalf of the Federal Government. [Article 2 (14)] All public money except that allowed by law shall be paid into the Consolidated Fund - all public moneys that are on deposit at the credit of any public body where the bank account has been opened by the Ministry of Finance; all public moneys held in cash by the public body pending disbursement; and all aid in kind. The Consolidated Fund is maintained and administrated by the Ministry of Finance. [Articles 2 (4) and 5] All public money shall be deposited in the Consolidated Fund to the credit of the Ministry of Finance. [Articles 7 ] No disbursement shall be made out of the Consolidated Fund without the prior authorization of the Council of Peoples' Representatives in the form of appropriation. [Articles 23] No public money shall be collected except when authorized by law and without the use of the official receipts of the Ministry. [Articles 6] Then how is Addis to collect and disburse public money paid into the Consolidated Fund that is made clearly to be collectable and disbursable by federal public bodies - Transport Authority and Notary Offices by law?
Dear premier, with all due respect for your right to express your opinion - even lying, don't you consider it a shame? You didn't fear the people to lie about something made public in the Negarit Gazeta - an official gazette of laws. You are not forced to lie, but willfully, deliberately and wholeheartedly choose to. How are we to believe other statements of yours if you lied to us at such grand scale - on matters published in the Negarit Gazeta? Jesus said of Satan in John 8:44
…the devil was a murderer from the beginning, and abode not in the truth, because THERE IS NO TRUTH IN HIM. When he speaks a lie, he speaks OF HIS OWN; for he is a liar, and THE FATHER OF IT.
It's perfectly fitting to you premier - the prime liar! All others who try to serve him as intellectual arm, duplicating and reproducing the lie are but wholesalers and retailers of it. A good tree brings not forth corrupt fruit; neither does corrupt tree brings forth good fruit. For every tree is known by its own fruit. For of thorns men do not gather figs, nor a bramble bush gather they grapes. A good man out of the good treasure of his heart brings forth that which is good and an evil man out of the good treasure of his heart brings forth that which is evil; for of the abundance of his heart his mouth speaks. By your words you shall be justified and by your words you shall be condemned. He that is faithful in that which is least is faithful also in much; and he that is unjust in that which is least is unjust also in much.
The ambassadors' donor group issued a statement urging all parties to take up their seats in parliament. The statement underscored the group's expectation "to a dynamic parliament in which the opposition has a strong voice and there is a spirit of inclusiveness and cooperation." The group could simply urge the opposition to join parliament without qualifying it dynamic, for it is not. The new parliament is different from previous ones only in one respect. A considerable number of opposition members are represented. The outgoing parliament at the nick of time passed a hand-tying law that makes the incoming parliament dumb and dull. NOT DYNAMIC as perfectly misunderstood by the group. .
By dynamic, one understands the parliament to be deliberating, vibrant and decisive at the least. We know from the parliament's history that the ten or so opposition members represented were unable to secure the least number required to table an agenda before it. Now amidst heated controversy over who really won majority in parliament that dumb and dull parliament died out creating a parliament in its own image. This does not help the democratization process.
Some might say the opposition will expose the misdeeds of the ruling party. I argue it would simply give EPRDF a semblance of democracy. And for that we do not have the luxury. We have had enough of that. We have witnessed opposition members made fun of and ridiculed when they voiced their opposition. They could not table a single item before the parliament. The new parliament is just a repeat and a replay. More dogs barking producing no effect. That is what it is. No more no less. The House right from day one is proven a place where one even cannot say any thing bad about the premier. That is what the ADG urged the opposition to join. And it makes me sick to read this unlearned and uninformed judgment of the group. Appeasing suggestions of this kind will simply complicate our process, giving EPRDF an assurance and accreditation on what it has not done and achieved.
EPRDF/TPLF top man in that same "interview" said the rules of procedure of parliament adopted is drawn from other countries' mature parliament experiences. Therefore workable and good. That this allegation is true should stand scrutiny and verification. Even then, one is compelled to pose the following questions:
-
Why at this particular time EPRDF wanted to soar the minimum required number from twenty to a simple majority of the members present if not only to make the parliament as it was - mute and dull?
- Should we draw experiences - even when from developed and mature democracies - which facilitate, promote and help our process or those which stifle, degenerate and hamper it? It is crystal clear such moves would make the parliament utterly passive. If so we should not resort to those so-called experiences (if there any) that do not further our democracy. This is just another form of hide and seek in the long list of EPRDF's usual blunder and naked and cheap strategy.. If it really cared for the democratization process why should it not make absentee ballot, which allows Ethiopians not present in the country at the time of election vote by mail part of the electoral law? We know on the contrary its aborted attempt to deny higher education students’ right to vote .Why is not the Election Board reconstituted/formed as per the request of the opposition? The truth is: EPRDF stands naked and nude unmasked of its semblance of "democratic" party by the May 15 election and its aftermath. And no amount of deception would hide it. For such are false democrats, deceitful workers, transforming themselves into apostles of Democracy. No marvel, for Satan himself is transformed into an angel of light. Therefore it is not great thing if his ministers also be transformed ministers of democracy whose end shall be according to their works. MENE, MENE, TEKEL, UPHARSIN writes a hand on the walls of Meles’ private room You are weighted in the balances, and found wanting. EPRDF/TPLF - I think it has long turned out to be a one-man show - is put to the test of the fire of democracy and is found to be a dictator through and though. The cloud of doubt is over. EPRDF has shown itself to be incapable of being democrat, for a socialist and even racial party's nature (baptized in reversal) cannot admit of democracy. Premier you cannot continue like this.
The House lifted the immunity of members of the House from the opposition who boycotted it demanding some eight preconditions be met before joining. Article 54/6 of the FDRE Constitution states,
“No member of the House may be arrested or prosecuted without the permission of the House except in the case of flagrant delicto."
That means members of the House are not to face charges for non-flagrant offences. The protection is not for flagrant offences but for non-flagrant ones, lest members should be unfairly harassed. For a fierce challenge from members of the opposition attending the premier retorted that he was even advised by some lawyers that there was no need for denying such immunity, for the prosecutor could always frame charges against members in cases of flagrant delicto . But he reasoned it was not wise to leave the matter for judges’ interpretation and needs to be put clearly. And urgency is needed. This is not the first time we witness Meles feigning to be the all wise, all-knowing. But who is there to consult the all wise, all-knowing dictator? Now he has assumed the judgeship. This is an insult to the judiciary and its independence. It needed the wisdom of Meles and the House to interpret what a flagrant delicto is and is not. One cannot use urgency as an excuse, for the EPRDF-packed House is urgent to pass on such highly politically sensitive issues without any challenge. In that same interview, he accused the opposition of treason and adjudged them guilty as charged and was ready to throw them into jail. Look he is a policeman, a prosecutor general, a chief justice and the lawmaker at the same time. This is why some say the Constitution is not worth the cents spent on it. The judiciary, the executive, and the legislature in the person of Meles. No separation of powers in the true sense of the term. We know what happened after this go-ahead green light. Many were arrested and detained across the country the soonest he uttered these words. We will witness many killed, arrested and intimidated for non-flagrant offences as a result.
We also know after the start of the release of the election result he banned demonstration and made the Federal Police Commission and the Addis Police Commission directly accountable to him and created a Provisional Central Security Agency, which was directly accountable to him and under his direct command. This Security Agency was ordered to take any measures on the “demonstrators." And as a result, many were killed and wounded and arrested unlawfully, facts which his regime does not deny! Thus he is criminally accountable for human rights violations. He has not yet set up an independent inquiry commission, for he knows full well that he would doubtless be implicated despite a continued international pressure to do so. By the way, he would potentially face an international tribunal or even a national jurisdiction anywhere in the world by operation of the principle of universal jurisdiction under international law. Thus he is a criminal at large.
The writer, Datan Tena, can be reached for comments by email: datan97@yahoo.com .
ETHIOMEDIA.COM - ETHIOPIA'S PREMIER NEWS AND VIEWS WEBSITE
© COPYRIGHT 20001-2003 ETHIOMEDIA.COM. EMAIL: webmaster@ethiomedia.com
Submitting for approval and collecting fees for services rendered is one of the powers and duties given to the Authority under Article 7(1/k). Under Article 7(3/a-g), it has authority, with respect to road transport in cities accountable to the Federal Government - Addis and Dire at present; inter alia, to:
- register vehicles, undertake annual technical inspection and follow up;
- issue certificate of competence to individuals and enterprises engaged in transport and garage services;
- issue license to driving lesson institutions and trainers;
- issue driving licenses; and
- carry out other activities related to the cities' transport services.
And for these services (it renders), it collects fees. But where is this money channeled? Article 10(1) states license fees and service charges it collects will cover or form part of its budget. It does not go to Addis' coffers. Article 26(2) as a logical consequence transfers the rights and duties of the Addis Ababa Transport Authority and the Dire Dawa Transport Agency to this Authority and organizes them as its branch offices. This move has a far wider implication than income reduction. Now that EPRDF forms the federal government it can use this license issuing federal institution as a tool of repression against any protest by way of taxi strike or otherwise.
The other last minute law draining the revenue of Addis is the "Authentication and Registration of Documents (Amendment) Proclamation No.467/2005." The premier made no specific mention of it in the interview. The Notary Offices established in Addis Ababa and Dire Dawa shall perform their functions under the direction of the Ministry of Justice declares Article 2(1) of the Amendment.
The (Notary) Office of Addis or Dire shall have a head appointed by the Minister of Justice and the necessary staff - federal employees - Article 2 sub-articles (2) and (3/a). Its budget is drawn from revenues derived from the services it renders and subsidy made to it by the Federal Government - Article 2 (4) and Article 24(1) of the Authentication and Registration of Documents Proclamation No.334/2003.
This is what the laws plainly proclaim. According to the Federal Government of Ethiopia Financial Administration Proclamation No.57/1996, "public money" means all money belonging to the Federal Government received or collected (or receivable) by the Minister of Finance or by any official of the Federal Government or by any person authorized to receive and collect such money on behalf of the Federal Government. [Article 2 (14)] All public money except that allowed by law shall be paid into the Consolidated Fund - all public moneys that are on deposit at the credit of any public body where the bank account has been opened by the Ministry of Finance; all public moneys held in cash by the public body pending disbursement; and all aid in kind. The Consolidated Fund is maintained and administrated by the Ministry of Finance. [Articles 2 (4) and 5] All public money shall be deposited in the Consolidated Fund to the credit of the Ministry of Finance. [Articles 7 ] No disbursement shall be made out of the Consolidated Fund without the prior authorization of the Council of Peoples' Representatives in the form of appropriation. [Articles 23] No public money shall be collected except when authorized by law and without the use of the official receipts of the Ministry. [Articles 6] Then how is Addis to collect and disburse public money paid into the Consolidated Fund that is made clearly to be collectable and disbursable by federal public bodies - Transport Authority and Notary Offices by law?
Dear premier, with all due respect for your right to express your opinion - even lying, don't you consider it a shame? You didn't fear the people to lie about something made public in the Negarit Gazeta - an official gazette of laws. You are not forced to lie, but willfully, deliberately and wholeheartedly choose to. How are we to believe other statements of yours if you lied to us at such grand scale - on matters published in the Negarit Gazeta? Jesus said of Satan in John 8:44
…the devil was a murderer from the beginning, and abode not in the truth, because THERE IS NO TRUTH IN HIM. When he speaks a lie, he speaks OF HIS OWN; for he is a liar, and THE FATHER OF IT.
It's perfectly fitting to you premier - the prime liar! All others who try to serve him as intellectual arm, duplicating and reproducing the lie are but wholesalers and retailers of it. A good tree brings not forth corrupt fruit; neither does corrupt tree brings forth good fruit. For every tree is known by its own fruit. For of thorns men do not gather figs, nor a bramble bush gather they grapes. A good man out of the good treasure of his heart brings forth that which is good and an evil man out of the good treasure of his heart brings forth that which is evil; for of the abundance of his heart his mouth speaks. By your words you shall be justified and by your words you shall be condemned. He that is faithful in that which is least is faithful also in much; and he that is unjust in that which is least is unjust also in much.
The ambassadors' donor group issued a statement urging all parties to take up their seats in parliament. The statement underscored the group's expectation "to a dynamic parliament in which the opposition has a strong voice and there is a spirit of inclusiveness and cooperation." The group could simply urge the opposition to join parliament without qualifying it dynamic, for it is not. The new parliament is different from previous ones only in one respect. A considerable number of opposition members are represented. The outgoing parliament at the nick of time passed a hand-tying law that makes the incoming parliament dumb and dull. NOT DYNAMIC as perfectly misunderstood by the group. .
By dynamic, one understands the parliament to be deliberating, vibrant and decisive at the least. We know from the parliament's history that the ten or so opposition members represented were unable to secure the least number required to table an agenda before it. Now amidst heated controversy over who really won majority in parliament that dumb and dull parliament died out creating a parliament in its own image. This does not help the democratization process.
Some might say the opposition will expose the misdeeds of the ruling party. I argue it would simply give EPRDF a semblance of democracy. And for that we do not have the luxury. We have had enough of that. We have witnessed opposition members made fun of and ridiculed when they voiced their opposition. They could not table a single item before the parliament. The new parliament is just a repeat and a replay. More dogs barking producing no effect. That is what it is. No more no less. The House right from day one is proven a place where one even cannot say any thing bad about the premier. That is what the ADG urged the opposition to join. And it makes me sick to read this unlearned and uninformed judgment of the group. Appeasing suggestions of this kind will simply complicate our process, giving EPRDF an assurance and accreditation on what it has not done and achieved.
EPRDF/TPLF top man in that same "interview" said the rules of procedure of parliament adopted is drawn from other countries' mature parliament experiences. Therefore workable and good. That this allegation is true should stand scrutiny and verification. Even then, one is compelled to pose the following questions:
- Why at this particular time EPRDF wanted to soar the minimum required number from twenty to a simple majority of the members present if not only to make the parliament as it was - mute and dull?
- Should we draw experiences - even when from developed and mature democracies - which facilitate, promote and help our process or those which stifle, degenerate and hamper it? It is crystal clear such moves would make the parliament utterly passive. If so we should not resort to those so-called experiences (if there any) that do not further our democracy. This is just another form of hide and seek in the long list of EPRDF's usual blunder and naked and cheap strategy.. If it really cared for the democratization process why should it not make absentee ballot, which allows Ethiopians not present in the country at the time of election vote by mail part of the electoral law? We know on the contrary its aborted attempt to deny higher education students’ right to vote .Why is not the Election Board reconstituted/formed as per the request of the opposition? The truth is: EPRDF stands naked and nude unmasked of its semblance of "democratic" party by the May 15 election and its aftermath. And no amount of deception would hide it. For such are false democrats, deceitful workers, transforming themselves into apostles of Democracy. No marvel, for Satan himself is transformed into an angel of light. Therefore it is not great thing if his ministers also be transformed ministers of democracy whose end shall be according to their works. MENE, MENE, TEKEL, UPHARSIN writes a hand on the walls of Meles’ private room You are weighted in the balances, and found wanting. EPRDF/TPLF - I think it has long turned out to be a one-man show - is put to the test of the fire of democracy and is found to be a dictator through and though. The cloud of doubt is over. EPRDF has shown itself to be incapable of being democrat, for a socialist and even racial party's nature (baptized in reversal) cannot admit of democracy. Premier you cannot continue like this.
The House lifted the immunity of members of the House from the opposition who boycotted it demanding some eight preconditions be met before joining. Article 54/6 of the FDRE Constitution states,
“No member of the House may be arrested or prosecuted without the permission of the House except in the case of flagrant delicto."
That means members of the House are not to face charges for non-flagrant offences. The protection is not for flagrant offences but for non-flagrant ones, lest members should be unfairly harassed. For a fierce challenge from members of the opposition attending the premier retorted that he was even advised by some lawyers that there was no need for denying such immunity, for the prosecutor could always frame charges against members in cases of flagrant delicto . But he reasoned it was not wise to leave the matter for judges’ interpretation and needs to be put clearly. And urgency is needed. This is not the first time we witness Meles feigning to be the all wise, all-knowing. But who is there to consult the all wise, all-knowing dictator? Now he has assumed the judgeship. This is an insult to the judiciary and its independence. It needed the wisdom of Meles and the House to interpret what a flagrant delicto is and is not. One cannot use urgency as an excuse, for the EPRDF-packed House is urgent to pass on such highly politically sensitive issues without any challenge. In that same interview, he accused the opposition of treason and adjudged them guilty as charged and was ready to throw them into jail. Look he is a policeman, a prosecutor general, a chief justice and the lawmaker at the same time. This is why some say the Constitution is not worth the cents spent on it. The judiciary, the executive, and the legislature in the person of Meles. No separation of powers in the true sense of the term. We know what happened after this go-ahead green light. Many were arrested and detained across the country the soonest he uttered these words. We will witness many killed, arrested and intimidated for non-flagrant offences as a result.
We also know after the start of the release of the election result he banned demonstration and made the Federal Police Commission and the Addis Police Commission directly accountable to him and created a Provisional Central Security Agency, which was directly accountable to him and under his direct command. This Security Agency was ordered to take any measures on the “demonstrators." And as a result, many were killed and wounded and arrested unlawfully, facts which his regime does not deny! Thus he is criminally accountable for human rights violations. He has not yet set up an independent inquiry commission, for he knows full well that he would doubtless be implicated despite a continued international pressure to do so. By the way, he would potentially face an international tribunal or even a national jurisdiction anywhere in the world by operation of the principle of universal jurisdiction under international law. Thus he is a criminal at large.
The writer, Datan Tena, can be reached for comments by email: datan97@yahoo.com .
ETHIOMEDIA.COM - ETHIOPIA'S PREMIER NEWS AND VIEWS WEBSITE
© COPYRIGHT 20001-2003 ETHIOMEDIA.COM. EMAIL: webmaster@ethiomedia.com
