Statement delivered by Kinijit Vice President Bertukan Mideksa at a hearing before the U.S. House of Representatives Subcommittee on Africa and Global Health

October 2, 2007

INTRODUCTION

Chairman Payne, Distinguished Members of the House Africa Subcommittee, and Committee Staff:

It is a distinct honor and privilege for me to be invited to address you here today on the subject of democracy, the rule of law and human rights in Ethiopia.

When I sat in prison for nearly 20 months, until my release in late July, 2007, with many other colleagues accused of unspeakable political crimes, I had no idea that I would be invited to appear in the halls of the Congress of the United States and share my views with American lawmakers. Thank you Mr. Chairman for opening the doors to this great House of the American people, and for inviting me and my colleague, Dr. Berhanu Nega, Mayor-elect of Addis Ababa, to participate in these proceedings.

Mr. Chairman: I want to take this special opportunity to thank you and this subcommittee for standing with me and my fellow political prisoners in our darkest hours in Kality prison. We remember vividly, Mr. Chairman, when you traveled all the way to visit us in Kality prison in 2006. Your words comforted us then, as they did throughout our imprisonment when you called unrelentingly for our immediate and unconditional release. I thank you very much!

Mr. Chairman: You and this distinguished Committee have defended and promoted democracy, freedom and human rights in Ethiopia since the last parliamentary elections in May, 2005. Your recent actions in the consideration of H.R 2003 have demonstrated to the American and Ethiopian people, and indeed the world, that democracy and human rights are of paramount importance in the relations between our two countries. I thank you all deeply for your efforts to promote and sustain democracy, freedom and accountability in Ethiopia.

Mr. Chairman: I am currently Vice Chairperson of the Coalition for Unity and Democracy Party (CUDP) in Ethiopia. Prior to my election to this position, I served as a Judge on the Federal First Instance Court. I served in that capacity for about seven years, before I resigned. I spent nearly 20 months in prison on various alleged state crimes and was released with 38 of my colleagues on July 20, 2007.

Mr. Chairman: In my opening statement, I will briefly summarize my testimony. I respectfully request the Chairman to include my prepared statement in the official record of these proceedings.

In my testimony today, I would like to provide the Committee with a brief overview of the state of democracy in Ethiopia since the May, 2005 parliamentary elections and outline some ideas that could be helpful in the establishment of democracy and protection of human rights.

The Pre-Election Period in Ethiopia, 2005

To understand the current situation and meaningfully discuss future course of actions it is necessary to consider the birth of democracy in Ethiopia in 2005. As you know very well, the period immediately preceding the May, 2005 elections was an extraordinary time in Ethiopia’s history[1]. For the first time in our history, the seeds of democracy were planted throughout our land, and a time of great hope and expectation for ordinary citizens.

The preparations for the 2005 parliamentary elections were unprecedented in the country’s history. For the first time, genuine political competition by the various political parties in the electoral process was allowed. There was fair access to publicly-controlled media outlets, and the level of public participation and political debate on radio and television between opposition and government leaders and supporters provided a solid background for an open and genuine exchange of views on the important issues affecting Ethiopian society.

Public interest and participation in the electoral process was massive. The European Union Observer team estimated voter registration at no less than 85% of all eligible population, based on voter lists containing 25,605,851 names of registered persons in 2005. The total number of candidates for the House of Peoples’ Representatives was 1,847. a total of 3,762 candidates ran for Regional Councils. The total number of women candidates to the House of Peoples’ Representatives was 253, and 700 in the Regional Councils.

The pre-election process while much more open than any past election it fell short of accepted norms of free and fair election. To its credit the government allowed limited media access, established a Joint Political Party Forum at national and constituency levels, regular consultations with electoral authorities to resolve problems in campaign and election administration, special elections-related training programs for the police and the judiciary, pledges of non-violence between the ruling and opposition parties for election day and invitation of international election observers by the Government of Ethiopia, among others.

As election day approached the government started to use its power to influence the outcome of the election, The problems in the pre-election period also included administrative and bureaucratic problems, wide spread interference by local authorities in the conduct of public gatherings and opposition party rallies, threats and intimidations by some local public officials. In some instances, force was used to disrupt public gatherings and detain opposition supporters throughout the country. There was concern among opposition leaders that the national elections board lacked independence and impartiality because of the dominance of the ruling party in the operation and administration of that board. In the days preceding the elections, there was a spike in negative campaigns on radio and television using images and messages designed to intimidate by associating the genocide in Rwanda with opposition politics.

Polling Day, May 15, 2005

As documented by various international organizations, there was a very high voter turnout on May 15, 2007, election day. There were international elections observers as well as political party observers who attended the polling stations to ensure the integrity of the outcome of the elections.

Election day was not entirely without its problems. There were significant instances of expulsion and harassment of poll workers and inadequate supply of polling materials. However, the incidents of intimidation, multiple voting, ballot stuffing, and disregard for secret vote was limited.

Post Election Period

The early elections results showed considerable gains for opposition candidates. Opposition parliamentary and municipal candidates swept the seats in the capital, Addis Ababa. Opposition candidates had posted substantial gains in most of the reporting constituencies, and all objective indications were that the winning margins for opposition candidates would expand as more reports came in.

Even though the Board was required to announce the official results on June 8, that requirement was superseded when Prime Minister Meles Zenawi declared a state of emergency, outlawed any public gathering, assumed direct command of the security forces, and replaced the capital city police with federal police and special forces drawn from elite army units were deployed. The Elections Board simultaneously ordered the vote tallying process to stop, and on May 27, the Board released its determination that the ruling party, the Ethiopian Peoples Revolutionary Democratic Front had won 209 seats, and affiliated parties 12 more. The report indicated the opposition parties had won 142 seats. Our party filed complaints in 139 constituencies, the UEDF lodged 89 complaints, while the EPRDF raised concerns over irregularities in more than 50 seats.

The ruling party, faced with the prospect of being swept out of office, and before the votes were fully counted, announced on May 16 that it had won more than 300 seats. It

conceded that opposition parties had won the capital, but claimed victory in the national parliamentary elections. Our party, the CUD and the United Ethiopian Democratic Forces, claimed that we had won 185 of the approximately 200 seats for which the National Elections Board had released preliminary results.

By early June, 2005, it was unofficially reported that the ruling party had won the parliamentary elections. This led to spontaneous public protests and demonstrations throughout the country alleging election fraud. Throughout June and subsequent months, such protests continued. The government undertook a program of massive arrests and incarceration of protesters and political opponents. In an attempt to suppress protests, hundred of demonstrators were shot and killed or severely wounded. Our party strongly protested the use of deadly force against unarmed protesters.

Report of the Official Inquiry Commission
On October 18, 2006, the report of a 10-member public inquiry into election-related unrests was released to the Associated Press. The Commission concluded that a total of 193 people were killed and 763 were injured, a number much higher than that was reported by the Ethiopian government. The vice chairman of the Commission, Judge Wolde-Michael Meshesha, told AP that “this was a massacre … these demonstrators were unarmed yet the majority died from shots to the head.” He added that the government attempted to pressure and intimidate members of the inquiry after learning about its controversial finding.

As you will recall, both the Chairman and Vice Chairman of the Commission have briefed this Congress in November, 2006.[2] The chief of the European Union Election Observer Team, Ana Gomes, commenting on the Commission’s report stated that the report “only confirms what we have said in our report on the elections,” and “that indeed there were massive human rights violations.”

Post Election Efforts by the CUDP to Create National Political Reconciliation

In light of the unstable political situation in the country following the May, 2005 elections, the CUDP made 8 specific proposals to the government as conditions for it to join parliament. These proposals addressed a number of critical institutional and rights issues, including: restructuring of the Election Board to insure its independent and impartial operation, equal accessability of public media to all political parties, institutional independence for the judiciary and non-interference in judicial matters by political authorities, establishment of an investigative committee to look into killings of unarmed protesters by government security forces, de-politicization and professionalization of the police and armed forces, recission of recently introduced parliamentary procedures that limit the participation of opposition parliamentarians and governance of the City of Addis Ababa, release of all political prisoners and reopening of opposition party offices and establishment of an independent commission, that is acceptable to all parties, to follow up on the various proposals.

Government’s Response to CUDP Proposals

In November 1, 2005, the government responded to the CUDP proposals by arresting, jailing and charging numerous opposition party leaders including myself, human rights advocates, journalists and civic society leaders for various state crimes. For nearly, 20 months these leaders were jailed in Kality prison while their case was being heard. The international press characterized the court as “Kangaroo Court”.

Our Release

As you well know, there were numerous attempts by various groups to secure our release from prison. Discussions with a group of elders to find a common ground between the government and the imprisoned CUDP leaders for negotiation on the future of democracy in our country did not bear fruit because of the belligerence of the government and the ruling party. While in prison and throughout these discussions with the elders, CUDP leaders showed their unflinching commitment to finding a peaceful and negotiated settlement to the political crisis in our country. All our calls for peaceful dialogue have, unfortunately, fallen on deaf ears. Even the most basic agreement we reached with the elders to secure our release was nullified and used by the government for mind numbing propaganda to isolate CUDP from the public and to instill fear in the public so that it will refrain from supporting the party. In so doing, the government once again showed its total preoccupation in gaining temporary political advantage rather than look at the long term interest of peace, democracy and national reconciliation. Our release after 21 months, unfortunately, failed to bring us any closer to a more serious dialogue for national reconciliation.

Restoring Democracy in Ethiopia

Mr. Chairman: Democracy can and must be restored in Ethiopia.

In 2005, we expected the results of the national parliamentary elections as strong foundation for building a temple of democracy in Ethiopia. Our hopes were dashed, and we found ourselves trapped in a burning house of tyranny.

There is no democracy in Ethiopia today, despite empty claims of “recent bold democratic initiatives taken by our government, the immense progress in creating a competitive, pluralistic system of government and a more open civil society.” The fact of the matter is that there is neither pluralism nor commitment to democratic principles and practices in Ethiopia.

The government’s claim of political pluralism has not gone beyond the stage of political sloganeering. If pluralism involves widespread participation and a greater feeling of commitment from society members, it does not exist today in Ethiopia. If pluralism means increased and diverse particiaption in the political deicsion making process and give everyone a stake in the outcome, it does not exist in Ethiopia. If pluralism means a process where every voice is heard, confocit is resolved by dialogue and compromise and an atmposphere of tolerance, understanding and respect is nurtured, it does not exists in Ethiopia today.

Democracy in Ethiopia today must not only refelect the vlaues of pluraim, it must also be participatory, transparent and accountable, equitable and based on the rule of law. The public and its representatives must participate effectively in decision-making at the institutional levels. The government must be accountable to the people, and its administration and governance must be transparent. It must function on the basis of fair rules and procedures applied equitably throughout society minimizing arbitrariness of government actions.

The United States and other countries can help us transition into a democratic society by helping us democratic institutions. There are some who talk about democratic development by merely talking about the ritual of lections that are neither free nor fair. It is far more important to have a democracy built on free civic institutions that are driven by an independent judiciary, vigorous political parties, uncensored media, free trade unions, universities, civic society organizations and transparent and multiparty electoral commissions.

We are all aware that democratization of Ethiopia will not be accomplished overnight. But we must start the process in earnest now. There are a number of pillars of support for democratization in Ethiopia.

Establishment of An Independent Judiciary
For the past two years, I and my colleagues were on the opposite side of the bench. We were prosecuted for various state crimes including treason, outrage against the constitution, inciting, organizing or leading armed rebellion, obstruction of the exercise of constitutional powers, impairing the defensive power of the state, and attempted genocide. Some of these offense are capital crimes.

Our prosecution occurred in a court system that has little institutional independence and subject to political influence and manipulation. It is a judiciary that is used as a tool of political harassment, intimidation and persecution. Judges are selected not for professionalism or legal knowledge but for their loyalty to the government.

It is universally accepted that an independent and professional judiciary is a key element in the institutionalization of the rule of law, the promotion and protection of human rights and even in implementing social and economic reform in society. The Charter of the United Nations declares the determination “to establish conditions under which justice and respect for the obligation arising from treaties and other sources of international law can be maintained” (Article 1 (3)) and the aim to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion” (Articles 1 (3), 55 (c)).

The 1948 Universal Declaration of Human Rights(4) provides for an independent judiciary in Article 10: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” Article 14 of the International Covenant on Civil and Political Rights, explicitly states that “all persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” There are many other principles that support an independent judiciary.

Ethiopia, of course, accepts these principles and obligations. In fact, judicial independence is guaranteed by Article 78 of the Ethiopian Constitution. Art. 13 of the Ethiopian constitution states: “The fundamental rights and freedoms enumerated in this Chapter shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.” And the constitutional “human rights” and “democratic rights” enumerated in Arts. 14 – 43 depend on the vitality and independence of the judiciary for their preservation and protection.

The fact of the matter is that there is no independent judiciary in Ethiopia today; at best there is a court system that is fully dependent on the political authorities for its own institutional existence.

Although judges are supposed to be free of political party politics, many are under the control of the party in power, if not outright members. The judiciary is not perceived as an independent and impartial body accessible by the public to seek justice and protect their legitimate rights. With the judiciary under the effective control of the executive, as it is today, there is little confidence in its institutional powers or the legitimacy of its rulings; and very little public expectation that the judiciary can be the guarantor of individual rights protected by the constitution or the law. As a result, the Ethiopian judiciary has failed to be the guardian of the Constitution and a protector of human rights.

Judicial reform in Ethiopia must begin with the realization that judges must be insulated from external pressure in their duties and must decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats, direct or indirect, from any quarter or for any reasons. This principle must be accepted by the political authorities as well as the public.

The principal danger to judicial independence comes from parallel institutional forces in the form of executive interference and manipulation and legislative meddling in judicial matters. Impartiality requires that in the discharge of his judicial duty a judge is answerable to the law and his conscience only.

There are various ways judicial independence could be achieved. Institutional and constitutional reforms have to be implemented to ensure the judiciary’s capacity to deal with all matters of a judicial nature. The judiciary should have the exclusive authority to decide whether a matter submitted to it is under its jurisdiction. The final decisions of the judiciary must not be subject to revision of any the legislative or executive powers.

These proposals for reforms are not anything new. In fact, in Arts. 79-84 of the Constitution, all of them are listed one by one.

The Ethiopian judiciary has serious structural problems. As has been said, “A competent and independent judiciary can make a bad law become a good law, while an incompetent and dependent judiciary can make a good law become a bad one.” In Ethiopia, the judiciary is adversely affected by many factors that undermine its performance. It lacks adequate funds for proper performance, public confidence in its institutional process, well-qualified and interested lawyers in judicial service, low morale, merit based system for judicial selection. The status and compensation of judges is very low. Little attention was paid to their education and training.

Institutional guarantees are essential in establishing judicial autonomy and independence. This requires political commitments by those in the executive and legislative branches and public awareness and appreciation of the significance of an independent judiciary.

In addition to structural reforms, there must also be judicial accountability that will establish public confidence in the court system and enhance the quality of the judicial services. Such accountability can not occur unless mechanism are in place to monitor the relationships between those on the bench and those in the political branches and the need to fight judicial corruption which is always a looming threat.

If we can not have serious judicial reforms, not only will we be unable to protect the rights of citizens, but we will always live under the rule of the gun instead of the rule of law. 6

The U.S. can help us establish an independent judiciary by providing support to train judges in procedures that meet international standards. Such support could also be used to monitor political interference in the work of the judiciary..

Free Media Institutions
The Committee to Protect Journalists recently ranked Ethiopia at the top of the list of countries where there is little freedom of press. Without a free press, there can be no meaningful democracy. People in Ethiopia, particularly in the rural areas, do not have access to important political information because of exclusive government control of the media. Political parties need to have equal access to media controlled by the government so that they can effectively communicate with the people. The U.S. can help by promoting private electronic media and supporting the emergence of newspapers, weeklies and magazines, and other electronic media to help develop a well-informed informed public.

Independent Electoral Commission The lack of impartiality and transparency of the Ethiopian National Electoral Board was one of the factors that complicated the resolution of the dispute in the 2005 elections. We need an elections board that is representative of all the political parties and enjoys the public trust. People need to have confidence that their votes are counted correctly and there is no elections fraud. The U.S is in the best position to provide technical assistance in establishing an independent electoral commission.

Imrpoving the Human Rights Situation in Ethiopia

Mr. Chairman: You and this committee have worked tirelessly too improve the human rights situation in Ethiopia. The proposals that are currently being deliberated in this House are vital to the revitalization of human rights in Ethiopia, and in many ways reflect the policy postions of the CUDP, and many stated in our 8-point proposals.

We in the CUDP believe that all political prisoners in the country must be released and their democratic rights restored. We support democratic reforms and accountability. We favor protections for human rights and civic society organization and ensure adequate monitoring and reporting processes. We have argued for an independent judicial system with effective monitoring processes to protect judges from political interference. We are committed to bringing to justice all human rights abusers to justice. We have called for improvements in election procedures to ensure fraud free elections. We support the existence of a free press without censorship and restrictive press laws, and programs that seek to strengthen private media in Ethiopia.

We believe human rights and democratic institutions building go hand in hand. We fully support training programs that enhance democratic participation by the people, and enable political parties to do a better job in organization building and campaign management, lawmakers do a better job of legislative crafting, civil society groups become effective facilitators in the democratic process and professionalization of the National Election Board to help it become fair and balanced. We support limiting the use of U.S. security assistance to peacekeeping and counter-terrorism and not against the civilian population.

HUMAN RIGHTS
Mr. Chairman: I find it somewhat difficult to tell you and this Committee about human rights abuses and remedial actions to improve the human rights condition there. You have spent over two years studying the human rights situation in Ethiopia. You have come to Ethiopia time and again to take a first hand look, and to talk to political leaders in the government and the opposition, human rights advocates and civic society leaders and ordinary people. You have reviewed the reports and analysis of the numerous international human rights organizations on human rights conditions in Ethiopia. In my view, there are few individuals or institutions more familiar with the human rights situation in Ethiopia today than the Chair and members of this Committee.

All I can say today is highlight the incontrovertible facts about human rights in Ethiopia. It is well known that the current regime has sought to put up a façade of commitment to human and democratic rights. But its practices contravene al of its obligations under the Ethiopian constitution and the human rights conventions that bind Ethiopia.

The Ethiopian constitution under Art. 14 enumerates all of the “human rights” enjoyed by Ethiopian citizens. Arts. 14-28 enumerate these rights and include basic protections and guarantees of due process. Art. 13, sec. 2 states “The fundamental rights and freedoms enumerated in this Chapter shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.”

In fact, the ruling regime observes neither its won constitution nor the requirements of well-established international human rights conventions. The government established Inquiry Commission I mentioned above has documented the widespread excessive use of force by government security forces. It has imprisoned hundreds of thousands of innocent people on suspicion of opposition or disloyalty. The human rights violations committed by this government are so numerous in their variety, and nature that it would obviously be too difficult to list them all here. But I wish to cite a few examples documented in the most recent U.S. State Department Human Rights Report for 2006[3].

The report stated that “Although the [Ethiopian] constitution and law prohibit the use of torture and mistreatment, there were numerous credible reports that security officials often beat or mistreated detainees.” Massive arrests and detentions are common, and the Report concluded, “are Although the [Ethiopian] constitution and law prohibit arbitrary arrest and detention, the government frequently did not observe these provisions in practice…. Authorities regularly detained persons without warrants and denied access to counsel and family members, particularly in outlying regions… The independent commission of inquiry… found that security officials held over 30,000 civilians incommunicado for up to three months in detention centers located in remote areas… Other estimates placed the number of such detainees at over 50,000.

There is a substantial risk of miscarriage of justic in the judiciary: “While the law provides for an independent judiciary, the judiciary remained weak and overburdened. The judiciary was perceived to be subject to significant political intervention.” Expressive freedoms are severly regulated or punished: “While the [Ethiopian] constitution and law provide for freedom of speech and press, the government restricted these rights in practice. The government continued to harass and prosecute journalists, publishers, and editors for publishing allegedly fabricated information and for other violations of the press law. The government continued to control all broadcast media. Private and government journalists routinely practiced self censorship.”

On a matter that I have intimate knowledge: “The 200 political prisoners on trial in the Addis Ababa federal system were held in two separate prisons, Kaliti and Kerchele, often under harsh conditions. In March CUD Secretary General Muluheh Eyoel was placed in solitary confinement at Kerchele prison. In August fellow CUD member Andualem Arage, along with journalists Sisay Agena and Eskinder Nega, were placed in solitary confinement.” Perhaps the word “harsh” is an understatement. Perhaps better words to describe our condition may have been “dehumanizing”, “atrocious” or “barbarous”.

Th right to assembly and association were vilated just the same: “The [Ethiopian] constitution and law provide for freedom of assembly. Prior to the May 2005 national elections, there were numerous opposition rallies, including one that occurred in Addis Ababa that was attended by nearly one million persons the weekend prior to the elections. However, immediately following the elections and throughout the year, the government restricted this right in practice. From May 2005 to year’s end, the government granted only one permit allowing a public demonstration to take place… Although the law provides for freedom of association and the right to engage in unrestricted peaceful political activity, the government in practice limited this right. The Ministry of Justice registers and licenses NGOs, and there was some improvement in transparency of the NGO registration process. The government continued to deny registration to the Human Rights League (see section 4).”
Conclusion

Ethiopia has many problems, including a legacy of repression, corruption and mismanagement. It will not be easy for confront the past, We must start at the right point by embracing the rule of law, human rights and democracy. The time is ripe to develop a direct approach to democratization in Ethiopia. The U.S. can help by using its considerable influence to encourage the government to negotiate with the opposition. Only through dialogue and negotiation will stability and peace be guaranteed, As a long time friend of Ethiopia, I know you will stand by Ethiopia and Ethiopians in the these difficult times.

Thank You Mr. Chairman