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Institutions are the life of a nation; they
are the structural framework that provides
cohesion to diverse peoples with a variety
of interests and needs. From the many
pastoralists in the arid Afar and Somali
regional states to urbanites in Addis Abeba
growing more attuned to the globalised world
who seem a far cry from some of the remote
tribes of the South, the state is depended
on for a number of services.
Successive governments to the east in
neighbouring Somalia have full comprehension
of the troubles of administering a people
who put more trust and authority in local
tribal structures than national
institutions. The chaos that has become the
norm over the many years of conflict is
testament to the need for eliciting national
pride through responsible governance that
can institute the rule of law.
Here in Ethiopia, there is a tradition, at
least in many areas, of powerful central
authorities governing vast landholdings and
diverse ethnicities; albeit such a tradition
has its own shortcomings in creating a
welfare society. Though democratic
institutions are in their infancy and the
current regime has had a rocky road filled
with impediments to breaking with past
choices to rule by force, slowly the
framework for smooth relations between a
government and the people who are meant to
control it are developing.
When a population has a degree of trust in
its ruling hierarchy it can concentrate on
the private aspects of life, developing the
economic and social fabrics that ultimately
characterise a society, and rely on its
government to execute its limited and
clearly defined roles with due diligence. It
is a brand of division of responsibilities
that produces a functional state.
Unfortunately, the current offices of many
government organisations are not enjoying
the confidence they need to operate due to
many misgivings on their part. In short,
various public service providers are not
executing their duties reliably enough to
elicit the respect they need from a
community that often considers them more of
a hassle than a help.
From millions of Birr disappearing into
steel beneath a golden cover in the National
Bank of Ethiopia’s (NBE) vaults, land, house
and car owners who have discovered that they
pay the price for fake documents and flawed
procedures from the government offices they
are meant to trust, faith in government
institutions has taken a serious blow of
late.
But even more troubling is that most of
these transgressions on the public trust are
signs of a bureaucracy overstretched in the
areas or depth it is trying to regulate or
control. In many ways, it is not surprising
that some of the difficulties have arisen
given the room for mistakes and seeming
unfair outcomes that have left many
wondering how much the state can be relied
on.
BREACHING PUBLIC TRUST
A nuanced tax structure has many economic
justifications, especially in an economy
still in a transitional phase from an
unproductively centralised regime and
characterised by many imperfect markets
where activities need to be promoted or
discouraged because the invisible hand does
not do its job.
However, when a tax creates incentives that
lead to unlawful activity seemingly beyond
the capacity of the government to control,
it is not achieving its function. The
appearance on the streets of many vehicles
that have not been issued the astronomical
35pc customs duties, 30-100pc excise
taxes,15pc VAT, 10pc surtax, and three per
cent withholding tax imposed on imports is a
sign that the efficacy of these rate should
be questioned.
The issue of imposing various taxes on
automobiles has backing from city planning
perspectives to avoid congested streets and
in attempts to redistribute wealth based on
the presumption that those wealthy enough to
afford private vehicles should provide much
needed revenue to a government whose
services aided in prosperity creation.
However, these rationales are predicated on
the assumption that public transportation
alternatives are provided for and that tax
collection is efficient enough to generate
revenue, two conditions only questionably in
place here.
But what is even more troubling is that the
high tariff rate has created the impetus for
importers to present false documents to
bring vehicles into the country. After
discovering the corruption, the unsuspecting
holders of those documents and the cars that
unlawfully entered the country are then the
ones who lose money after vehicles are
confiscated. Though it is commendable that
investigations have uncovered the crimes,
the placing of punishing losses has to be
re-examined.
Those seeking title deeds for imported
vehicles will probably think twice before
accepting that officials have ensured they
are acquiring lawful property. But with a
government regulation, they have no other
choice and thus are left wondering whether
their investment would be secure even after
following proper procedures.
The victims of individuals cheating the
system and then having to pay for it also
extends into housing. While many residents
have taken advantage of the programme to
form cooperatives to build condominiums,
stories of those that have been victimised
by cooperative organisers in their attempts
are troubling. The programme itself,
attempting to replace the inefficient
one-storey housing options sprawling the
city with constructions using the almost
unlimited vertical space, has worthy aims.
The problem with almost any land policy
coming from this regime is that the
state-owned land policy combined with
escalating prices, especially in the
capital, leaves great room for wrongdoing
when weighing the potential gains in
corruption and low salaries provided for
executing duties according to the book.
But while working to find those that have
formed cooperatives illegally, what has been
uncovered is local officials that have
knowingly acted wrongfully and the
unsuspecting cooperative members get
punished. Losing land and finished
constructions or work in progress, often
without deliberately breaking the law, will
make these citizens wary of government
programmes and thus cause them to lose their
effectiveness.
Though sometimes citizens do act outside the
bounds of the law, their motives and the
circumstances in which decisions are made
deserve to be taken account of; if the law
is blindly applied, sometimes outcomes seem
illogical.
Take the numerous mortgages that were signed
in front of witnesses but not courts or
district or municipality land administration
and development authorities as dictated by
law. Though these documents were taken as
valid for years, the widespread and often
accepted practice was reinforced as illegal
in a Panel of Justice of the Supreme Court
decision based on research by the Court’s
Vice President, Justice Memberetsehay
Tadesse. As a result, many are now out of
properties they believed to be lawfully
theirs.
While enforcing the rule of law is
important, the efficacy of punishing those
faulty mortgage holders should be questioned
when regulations could be enforced from the
date of the new warning’s issuance.
Citizens, of course, must be careful to
follow procedures properly, but the simple
and accepted way around going to a public
notary office that saved them questionable
two per cent fees, should be a sign that the
requirements and fees may be overbearing.
Probably the most grievous mistake recently
uncovered that a trusted public institutions
allegedly committed, is the phoney gold
scandal. While the jury is still out on who
exactly is to blame for the mammoth mishap,
the central bank, the police, geological
service, the Ministry of Trade and Industry
(MoTI) for issuing the change in procedures
for gold acquisitions or another interested
party, the sum swindled from the public
coffer is room for serious questioning of
public bodies.
Fake gold in NBE’s vaults brings into
question the trust in a large institution
that controls a huge amount of public
resources and is meant to regulate other
banks. If it cannot watch its own assets, it
seems a stretch for the public to grant it
confidence to oversee others.
WIDESPREAD PROBLEM
These four recent incidents are symptoms of
a deep-rooted problem that undermines the
very credibility of the government as a
whole. If the bodies that are meant to
create and enforce laws are not trusted, the
authority of the state will forever be in
question.
When public institutions are shown to be
failing at their duties at the expense of
the public, the government’s job becomes
more difficult and attempts at subversion
will proliferate. The will to pay taxes or
seek employment in the formal economy when
the black market persists will be limited.
And it is not just these few aforementioned
cases that the government will have to
overcome in order to assume the trusted body
role it should. The trend of lack of
confidence in the government is rather more
widespread at alarming levels.
Recent events will only contribute to the
diminished faith Ethiopians have in their
government as shown by a July 2007 Gallup
Poll. The national government was found to
elicit confidence from only 28pc of the
population while the justice system lagged
even farther.
Falling far behind even Sub-Saharan Africa
in all of the Gallup Polls’ categories, this
country will have a long way to go to instil
a sense of reliance on public institutions
and service men and women working there. If
the government does not pay just attention
to this issue soon and in a concerted
manner, it is a wonder how the state will
provide the cohesion the nation needs. |