November 1, 2006 — Encyclopedia Britannica defines parliamentary democracy as: Democratic form of government in which the party (or a coalition of parties) with the greatest representation in the parliament (legislature) forms the government, its leader becoming prime minister or chancellor.
Executive functions are exercised by members of the parliament appointed by the prime minister to the cabinet. The parties in the minority serve in opposition to the majority and have the duty to challenge it regularly. The prime minister may be removed from power whenever he loses the confidence of a majority of the ruling party or of the parliament. Parliamentary democracy originated in Britain (see Parliament) and was adopted in several of its former colonies. http://www.britannica.com/ebc/article-9374600
The current constitution of Ethiopia established two representative bodies for the federal government, namely, the House of Peoples’ Representatives (HPR) and the House of Federation. This paper focuses on the HPR, or as hereinafter called the Parliament or the House. I try to analyze the performance of the parliament for the past one year based on the informations provided by its website 1and Walta Information Center. 2 By the way, I have to say that, except for few countries like Uganda, Guinea, Zimbabwe and Eritrea, most African Countries have a working websites even though they are not sophisticated.
In democratic state, where the legislative is democratically elected and there is true parliamentary democracy, the role of the opposition parties is to make constructive criticism of the government. It is true that political parties always make allegation that the election has been rigged instead of accepting the verdict of the electorate. However, when there is enough evidences of voter fraud, intimidation, and rigging of election, neutral election board and courts give the final verdict and declare winner or order revote. In some countries outside interference also played a great role in reversing rigged election. (See the election in Ukraine and Serbia). But that did not happen in Ethiopia.
In recent Ethiopian election there was enough evidence that indicated that the vote was rigged. Therefore, some leaders of the opposition declined to join the parliament unless some democratic measures, including, providing free media, passing of an accommodating-parliamentary rule, establishing of an independent commission to investigate atrocities, were taken by the EPRDF. These were not provided by the EPRDF. Nevertheless, except for 20 members, all elected members of the opposition joined the parliament. Since I did not do any research in that field, I am unable to analyze the motive of each opposition member in joining the parliament. I have to say, though, that I have asked publicly and privately the two former leaders of UEDF during their visit in the U.S. about their intent. They told me and others that they will join the parliament if they determine that their move will take one step further the struggle of the Ethiopian people for freedom. I say this to them: Judge it yourself doctors, if ratifying 8 international agreement positively contributes to the struggle of Oromos, Southern People and other sons and daughters of Ethiopia.
Let us see what does the House Rule says about its obligation.
Article 1 of the House Rule provides that the duties of the House of Peoples’ Representatives are : a/ To Enact laws, b/ To supervise and scrutinize governmental bodies and its own internal bodies and take measures when it deems necessary, c/ To establish and organize the various committees and other necessary departments of the House, d/ To appoint government officials who are subject to the appointment of the House of Peoples’ Representatives, e/ To receive petitions of the various institutions and the society, f/ To facilitate conditions by which the members of the House meet with the electorate, g/ To perform other functions under the power of the House. Article 1
According to the rules, the House meets from Monday of the final week of Meskerem and ends on the 30th day of the Ethiopian month of Sene (Art. (20)(2)); regular meeting of the House shall be held Tuesday and Thursday from 9:00 A.M up to 12:30 AM ; From 2:30 PM up to 5:00 PM with tea and lunch break. See ( Art. 20 (4) and 20(5)).
The primary, historic and traditional role of parliament is to enact laws. In other words, parliament is a factory for laws. However, in its one year, this parliament has adopted 12 bills. Out of these bills, 8 are international loan agreement, which the parliament simply ratified. In the end, this parliament has made only 4 laws3, out of which the most important is a proclamation to establish an independent inquiry commission, which recently released its reports, and the amendment of parliamentary rules to “allow more saying to opposition”.
This parliament had a visit with the parliaments of Sweden, Britain, India, Ghana, Sudan, South Africa, China and also with American Congress. It looks like these visits did not help too much. I dare say this because even comparing to other African countries, this parliament passed the lowest of the lowest number of bills. For instance, during the same time, Botswana’s parliament enacted 14 real bills, including copy rights law, income and value added tax, etc; Tanzanian 7; South African 12; the Nigerian parliament enacted 33 Acts in 2004 and 20 in 2005. Before blaming anyone about the performance let us see the rules of the House regarding who is driving the wheel.
Article 19: Setting of agendas 1. The agendas on which the House may deliberate may come from: a/ The Government; b/ The House of the Federation; c/ The Speaker; d/ The Federal Supreme Court; e/ Committees of the House; f/ Members of the House; g/ Bodies who are directly accountable to the House; h/ Party Whips.
Article 19 (7) of the House rule provides: Consistent with other compulsory provisions, the House shall vote on each of the agendas designed by the speaker; the agenda supported by majority vote of the House shall be deliberated up on.
That means only EPRDF agendas could be heard and discussed. Therefore, the ball is on the court of the EPRDF; opposition parties have no say in the agendas of the parliament. I know, joining the parliament spared them from detention, imprisonment, torture or other forms persecution. We have seen what happened with those who refused to join the parliament: they were accused of treason, genocide, violence and other crimes. Persecuted. Nevertheless, I also know, in the first term, there were brave moves of walkouts, floor speeches and other press conferences. However, let alone, opposition MPs, state party MPs did not live up to their obligation to the Ethiopian people. The poor performance is not caused by lack of education or understanding of the essence of being a “representative”, because most of them are well educated. I assume, the poor performance is caused by other factors. It starts with the intent of each member why she/ he wants to be a member of parliament, as a matter of fact, a politician. Other factors, including the questions on the legitimacy of this and the previous parliament, the backwardness of the political culture, the misunderstanding of the value of parliamentary membership, lack of history of parliamentary democracy, the parliamentary rules limiting opposition activities and actions of TPLF/EPRDF against dissenters and opposition have also contributed to the inefficiency of this parliament. Another responsibilities of the parliament is to control the executive. It can do that by a lot of ways. One of them is by having frequent committee hearings.
According to Article 47 of the House Rule, the parliament has 12 Standing Committee : a) The Capacity Building Affairs Standing Committee; b) The Trade and Industry Affairs Standing Committee; c) The Rural Development Affairs Standing Committee; d) The Natural Resources and Environmental Protection Affairs Standing Committee; e) The Infrastructure Development Affairs Standing Committee; f) The Budget and Finance Affairs Standing Committee; g) The Legal and Administrative Affairs Standing Committee; h) The Foreign, Defense and Security Affairs Standing Committee; i) The Women’s Affairs Standing Committee; j) The Information and Culture Affairs Standing Committee; k) The Social Affairs Standing Committee; and l) The Pastoralists Affairs Standing Committee.
These committees should meet regularly Monday and Wednesday from 9:00 AM up to 12:30 AM and from 2:00 PM up to 5:00 PM. (Article 122 (4(b))
In such kind of committee meetings, usually, the representative of the executive branch is asked, grilled or ordered to explain some of its actions or inactions. However, according to the Parliament’s website, in the one year period, The Capacity Building Committee has three meetings; the Trade has one; The Rural has two; The Natural Resources has three; the Infrastructure, has seven ; the Budget has three; the Legal two; The Pastoral has two; the Foreign and Defense has two; The Information has one; the Social affairs has two meetings. You may ask: what else did they do the rest of the time? They made on sight visits to ALERT Hospital, Ethiopian Airlines, Immigration Office, Special Prosecutors Office, Ministry of Mines and even Ethiopian Museum. Visiting a Museum? I don’t understand. Do parliamentarians paid to tour Addis Ababa. If so, why don’t they do it in their free time? If they really want fact finding and fixing problems, there are a lot of problematic areas in rural Ethiopia, like Kaliti, Dedessa, Jimma, Aby Adi, Badme, Ambo, Gambella, Awassa, Jijiga, Lalibela, Bichena, etc.
Coming back to the hearings, almost all of the hearings happened in the month of May and June. There were one or two in February, March and April. In these meetings, the committees “listened reports”, “assessed or evaluate performances” “evaluate reports” . Only three or four times that they held a public hearing on a bill, like the Trade Mark Bill, Labor law, etc. Otherwise, they sat and listened what the Minister, Commissioner or head of an Authority (agency) tells them about the “good performance” of their respective ministry, commission or authority or agency. There is no grilling or interpellation of ministers. We need to know that all chairmans and deputy chairmans of the committees are members of EPRDF or affiliated parties, like Afar National Democratic Party and Somali People Democratic Party. There is no single committee chaired by opposition. So how could they supervise and control executive? The parliamentary rules do not allow the opposition from proposing a bill, having an agenda or an opportunity to grill a minister or a commissioner. Therefore, like in Bolshevik-type Duma, they thank the performer, clap their hands, pick up their suit case and rush out of their office.
Some other disturbing thing I observed is the signing of agreement between opposition parties and EPRDF. EDP-Medhin, OFDM and SEPDC signed an agreement with the state-party, TPLF/EPRDF “to work jointly for ensuring peace in the country by respecting the supremacy of the law.” I was trying to find out whether there is any obligation for such kind of a separate agreement. Article 21 of the House Rule provides that every MP have to take an Oath before she/he starts her/his duties in the following way:
“I, pledge, up on starting, today, my work as a member of the House of People’s Representatives, to under take my duties by being loyal to the Constitution, integral, diligent and legal.” Art. 21(2) (d) Article 100 also provides that “…Every member of the House shall:
1. be loyal, honest, server, exemplary and respectful to the people of Ethiopia and directly to the electorate;
2. Observe and make observed the Constitution and other laws of the country… ”
There is no constitutional obligation, House Rule or other laws that require a signing of agreement between parties. To my understanding, the obligations of MPs towards their constituents should not be limited by the so-called agreements neither. Parliamentary parties, including the opposition parties have already a covenant with the people who elected them, whose interest they have to represent zealously. If that is the case, I don’t understand why opposition parties signed an agreement with the EPRDF. To protect themselves from arrest, detention, torture? Whether they signed an agreement or not, they are obligated to respect the laws of Ethiopia.
What happens if they don’t sign an agreement?. I don’t know. On the other hand, if they enforce the agreements, they have some good elements.
According to the agreements : All Parties treat citizens equally; Exert efforts to get their members respect constitutional decrees and the supremacy of law and refrain from taking part in any illegal activity; To take measures whenever their members violate the supremacy of the law. 4 Wow! If applied, these are additional basis to hold EPRDF and its members accountable for atrocities committed in the country.
Conclusion and recommendation
Even though the parliament is treated as illegitimate child, if it performs its duty in accordance with the Constitution and the House Rules, it could have earn the trust of Ethiopian people and the outside world. Generally, what we have seen is that there is no pluralism in Ethiopia. There is no separation of power. If there has been a separation of power, then there would have been pluralism. All of the Federal judges are appointed by EPRDF; the executive, the military and security forces are monopolized by EPRDF; all committee chairmans are members EPRDF or affiliated parties. In this kind of environment the opposition does not have an opportunity to continuously watch the steps and legislative intentions of the ruling party; provide an alternative idea; breed new political leaders; compete to get more votes; scrutinize whether the governing party delivers what it promised; expose the ruling party if it trespasses the law; spread political culture; mobilize people; channel public debate and promote compromise etc.
The parliamentary rules did not provide classic opportunities in parliamentary democracy like, requesting a debate, interpellation, motions for wishes, request informations, urgent statements, etc. We wait and see whether the amendment of parliamentary rules and the agreements parliamentary parties signed would encourage real debate and allow more participation form opposition members in their legislative, supervision and other duties.
Representative democracy requires accountability. Therefore, I suggest to EPRDF MPs and opposition MPs, once you join the parliament, take your responsibilities seriously. That is why you are called “your excellency”, get paid salary and per diem and also receive other benefits. Now, the independent commission you have appointed has submitted its reports. Therefore, you should make sure that those “who gave the orders and those who carried out the order must be held accountable for this unspeakable crime.” 5 . Also, grill the liars and found them accountable for their false and misleading statements. 6
Don’t let Ato Meles declare a war or state of emergency by himself. I also suggest to opposition members, once you joined and chose to do politics in parliament, don’t dine and wine with EPRDF, take the new opportunity provided by your agreement with EPRDF and by the new rules and hold Ato Meles and his party accountable for their actions. Also don’t let Ato Meles talk about lack of cement, sugar and other minor issues for hours to divert attention form real issues. Be productive. If not, the parliament would be like an overcrowded chicken farm which produces fewer eggs7.
* The author is an Ethiopian born; he is a practicing attorney and lives outside of Ethiopia. He can be reached at fitachala@yahoo.com
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