It is depressing to see, year after year, the Ethiopian private media perpetuating a mistaken notion regarding the requirements for running to the Presidency of the Republic. The misinformation started immediately after the 2005 election, when Negaso Gidada(PhD) was the only independent candidate to win a seat in the House of Peoples’ Representatives. Most, if not all, Ethiopian privately-owned print and electronic media reiteratively told the public that Negaso is the only one legible, because, they claimed, the law requires that only MPs elected on an independent platform may be elected President. However, fortunately for them and unfortunately for the public,the sitting president was re-elected, in 2007, for a second six-years term, so their hypothesis remained untested.
Now five years later, those media outlets are making similar claims, albeit with a different person. Today, the only legible candidate for presidency is, according to the private media, Dr. Ashebir W/Giorgis, the only member of the House of Representatives to be elected on an independent platform. The speculation as to who might be the next president is important, since the FDRE Constitutions limits the President to two terms in office and a new president shall be installed on 2013.
So, is there such a requirement in the law? The answer is a big NO.
Party Members can resign and run for President
There is a widely held notion that ‘only MPs(Members of Parliament) elected on an independent platform can be elected President’. Let’s assume, for now, only MPs are legible for the Presidency, but where does the requirement that the candidate should be elected on an ‘independent platform’ come from?
Of course, the President shall not be politically affiliated during and after the Presidency. Because, Proclamation 255/2001, ‘Administration of the President of the FDRE Proclamation, requires:
Article 6) A President Who accepts his candidacy, in accordance with Articcle70(2) of the Constitution, shall be required to prove that he has no affiliation with any political party, in the country, and serve impartially
Article 7) The President shall be obliged to keep himself aloof from any partisan political movement during or after his presidency.
But this only means that a person running for President and ex-Presidents shall not be member of a political party. However, any MP can resign from their party and run for President, showing their letter of resignation as a proof of their neutrality.
But that is not all.
Anyone can be President
The FDRE Constitution doesn’t require that a President should be elected from among members of the parliament(MP). Of course, only MPs can be elected Prime Minister, because Article 73(1) of the Constitutions provides, ‘The Prime Minister shall be elected from among members of the House of Peoples’ Representatives.’ But there is no such requirement on the Presidency.
Regarding the nomination and appointment of the President, Article 70 of the Constitution states:
Article 70 – Nomination and Appointment of the President
1. The House of Peoples’ Representatives shall nominate the candidate for President.
2. The nominee shall be elected President if a joint session of the House of Peoples’ Representatives and the House of the Federation approves his candidacy by a two-thirds majority vote.
3. A member of either House shall vacate his seat if elected President.
4. The term of office of the President shall be six years. No person shall be elected President for more than two terms.
Take a look at sub-article 3. In fact, in the Amharic version, which is the final and authoritative version, it reads: ‘የምክር ቤት አባል ፕሬዚዳንት ሆኖ ከተመረጠ የተወከለበትን ምክር ቤት ወንበር ይለቃል፡፡’[‘if a member of either house is elected President, s/he shall vacate her/his seat’.]
Whichever version, the English or Amharic, you read, there is no requirement that a President shall be elected from members of parliament.
Thus, come 2013, any Ethiopian may be elected President of the Republic.
P.S.: In fact, it is very unlikely that Dr. Ashebir be elected President. Mark my word.
[This post is the first of a series of posts, titled Reality Check, to address erroneous notions and misperceptions]