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Proclamation 3/2020 - A State of Emergency Proclamation Enacted to Counter and Control the Spread of COVID-19 and Mitigate Its Impact.

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Ethiopia
Constitutional law
2020-04-08
National
Regulation, Decree, Ordinance

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Article 3 – Scope of application
1)This proclamation shall be applicable throughout the country.
2)This proclamation and regulations issued pursuant to this proclamation shall be applicable on Ethiopians and foreign nationals residing in or transitioning throughEthiopia.
3)Any federal or regional law, procedure or decision that is in contravention with this proclamation or regulations issued pursuant to this proclamation shall have no effect while this proclamation is valid.

Article 4 - Suspension of Rights and Measures
1)As per the FDRE Constitution Article 93 (4) (a) and (b), the Council of Ministers shall, through the Regulations it will adopt as per this Proclamation, stipulate details of the suspension of rights and measures to adopted to counter and mitigate the humanitarian, social, economic and political damage that could be caused by the pandemic.
2)The Regulations to be enacted and measures to be taken by the Council of Ministers shall not in any way infringe on provisions specially protected by the FDRE Constitution Article 93(4)(c).

Article 93(4)(b) of the Constitution provides that "The Council of Ministers shall have the power to suspend such political and democratic rights contained in this Constitution to the extent necessary to avert the conditions that require the declaration of a state of emergency." This does not apply to suspension of Articles 1 (Nomenclature of the state), 18 (Prohibition against Inhuman Treatment), 25 (Right to Equality) and sub-Articles 39(1) (right to self-determination, including the right to secession) and 39(2) ( right to speak, to write and to develop its own language).

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