Navigating Public Health Emergencies and Constitutional Challenges in Ethiopia

Key Issues, Gaps, and Valuable Lessons from the COVID-19 Crisis

Abstract

Ethiopia’s COVID-19 state of emergency has enacted public health measures that curtail civil rights, many of which could have been implemented under existing laws. However, the federal proclamation lacks an institutional structure for Constitutional governance and accountability during and after the crisis. Furthermore, it introduces a federal commandeering clause that is incompatible with the cooperative nature of Ethiopia’s federal system and hinders coordinated action. The postponement of national elections exemplifies the potential for misuse and abuse of power under this state of emergency framework. The paper argues that while emergencies justify extraordinary measures, these should not override constitutional accountability or marginalise democratic institutions. Lessons drawn from global practices, such as those in South Africa and Germany, are used to recommend reforms aimed at institutional resilience, legal clarity, and rights protection. The study concludes by emphasising the importance of constitutionalism in emergency governance and calls for clearer legislative frameworks and more robust oversight mechanisms to ensure that public health responses do not erode democratic norms.