Towards Addressing the Challenges of Holding or Postponing Elections during Emergencies

A Proposal for ‘Election Emergency Laws’ in Ethiopia

Abstract

This article explores the potential role of election emergency laws in
effectively holding or postponing elections during emergencies within
the electoral system of Ethiopia. Inspired by the legal and political
challenges that arose due to the impacts of the COVID-19 pandemic on
the eagerly anticipated 2020 election, the article essentially examines
three key incidents: (1) how the federal government postponed the
election through constitutional interpretation, despite opposition from
politicians and scholars advocating for other alternatives within and
outside the Constitution; (2) how the Tigray Regional Government, one
of the federating units, held regional elections during emergencies in
defiance of the federal government’s decision to postpone the election;
and (3) how the federal government later conducted national and
regional elections while the pandemic was still ongoing. Findings from
doctrinal examinations reveal that the decisions to hold or postpone
elections during emergencies were driven by political interests and
operationalized under the regular election laws and institutional
frameworks, rather than by clear and specific laws and authorities to
determine who should decide on holding or postponing elections and
how to conduct elections during emergencies. This has attracted several
legal questions and political tensions. Thus, based on experiences from
other countries, the article proposes an amendment to the Constitution to incorporate holdover clauses and Proclamation No. 1162/2019 to
include a provision that could address election emergencies and
empower electoral bodies to manage the holding or postponement of
elections during emergencies.