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The saying ‘individuals are sovereign in matters
that concern their private lives’ has already
attained the status of absolute truth across the
globe. Being cognisant of this paradigm shift, in a
clear break with the past, the Ethiopian
Constitution has created wide room that confers the
right and triumph of individual freedom ranging from
rudimentary rights such as speech to the realm of
economics. It is as a result of this constitutional
guarantee that any effort towards banning chat
is halted with a red light.
But is banning chat an encroachment to the rights
and liberties of individuals? Should the state
remain cross-legged while the nation as a whole is
drifting into a lethargic state with the danger of
being the victim of the so-called slacker’s
philosophy?
Prohibiting chewing chat legally is neither against
the Constitution nor against the accepted norms of
individual freedom. By any standard, Ethiopia is
poor and must stop turning a blind eye to a drug
problem. In a country where millions have died of
starvation, chat has stood tall as a means of
ignoring the situation as it injects people with the
power of tolerance of shame.
If
the twilight for an economic renaissance is not to
fall victim to an evaporation of enthusiasm, both
legal and political therapy are highly demanded.
With all the strength that determination to get the
nation out of the deep quagmire of poverty gives,
the government should painstakingly expand its
legislative reaches to areas that are untouchable by
the understanding of traditional jurisprudence.
Thanks to the hard won economic growth that is
underway, the prosperity of the nation has proven
attainable in the near future. The country by its
growth chemistry has transferred itself from the
situation where no light is seen at the end of the
tunnel to promising and vivid economic progress.
Therefore, the central question at stake is not if
anything should be done about the problem but rather
where to find the proper theoretical and practical
backing for the conclusion of regulation in the
chat market.
By
the magic of paternalistic law, the state is
sometimes better placed than individuals to make
choices that concern them. That is the logic behind
the American criminal law that prohibits suicide. It
is common in the legislative history of the state
and supported by any logic of the day for the state
to prohibit an individual from doing something that
ultimately hurts himself even in countries where
right is the rule the day.
The crux of the matter should not be whether it is
against the right of individuals or not. Rather, the
real parameter should be whether the individual
ultimately benefits from the prohibition or not.
Therefore, the government can prohibit an individual
from chewing chat as long as the act
“ultimately benefits the individual”.
The other legal theory that legitimates the
prohibition of chewing is the dictates of outsider
jurisprudence. According to this theory a
conservative constitutional diehard romance with a
constitution is ridiculed. Though the constitution
is generally meant to be observed inside and out,
for the good of the public there are rights that are
sacrificed, especially in a country where group
rights are highly valued.
If
denying an individual the act of chewing chat
benefits the individual cum the public in as
much as he is elevated to contribute his share to
the betterment of society in particular and the
nation in general, it is worth doing. A kind of
conservative blind obedience to the constitution
while a danger exists that has the potential to
create economic paralysis is nothing but a
whole-hearted acceptance of a systemic failure.
The other palatable concept that fuels this call for
legislative activism with a force of reason to the
state’s potential act of prohibiting chewing chat
is the Lee Thesis. This theory, which is an
outgrowth of the developmental state model in
economics, measures actions by their end results.
As
a state determined to defeat poverty, the Lee Thesis
advocates that though certain rights are watered
down, as long as long as an action has a positive
gain, it is just. It justifies the state’s act of
transgressing some minor right from observing its
duty of developing the economy of the nation.
Therefore, as long as chat is destined to
have a negative effect on the economic growth of the
nation as its ceremony consumes multiple hours,
legal action is fully justified.
Chewing chat is more of a social anthropological
issue than a legal issue. It is an anthropological
issue for the culture of chewing has its own
organisational politics and economics. By way of
price discrimination that mekamiya bets
(chat houses) put into use, it has cemented
stratified economic classes.
As is the case with air travel where there exists an
economic and first class division, the same holds
true with mekamiya bets. People with
good purchasing power enjoy furnished, well-situated
and first class hospitality.
The plant itself is not homogenous and is subject to class
divisions. A bundle of chat’s price differs
immensely based on its mind-altering properties (merkana).
Chat parse has its own constellation of organisational politics. It is
essentially a confluence point for people with
quasi-similar political thinking and inclination.
While the poor in the streets of Addis talk about
the vagrancy law; the rich and the academic elite
have as their headline the nation’s pressing
political and economic issues. As controversial as
it may be, chat houses are developing to be
the most determinant factors in election campaign
success.
Therefore, an effective strategy of mitigating, if not
eradicating, the tradition of chewing chat
demands the conjugation of these two instruments
(law and anthropology) in parallel terms towards one
common end - a chat free Ethiopia. While the
state should issue laws that prohibit chewing
chat, it should also instruct its social
anthropologists to discover the social urge behind
chewing chat.
With the tools of the advanced research methodology of
social anthropologists, the stinging interest in the
shadow behind the nascent tradition of chat
can be kindled and so that the research comes to
teach the society to refrain from chewing. These two
approaches will create an effective synergy to
combat a rampant problem.
Anachronistic of the nation’s policymaking history, via
marrying the dynamics of these two sciences, law as
an instrument of social change will bring means to
engineer society to a new mode of thinking divorced
with its past history of mere theoretical
preoccupation. But the success of such policy
demands ending of the civic neglect that the
initiative rests on collective shoulders.
This mindset shift will go far towards hitting the roots of
poverty. In return, the nation may hold its head up
proudly in the knowledge that it has done well for
its citizens. |