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Author: Alemayehu G. Mariam

Endgame!

Alemayehu G. Mariam

Human Rights and Fairy Tales

For the past several weeks, the noise machine of the dictatorship in Ethiopia has been in overdrive reacting to human rights findings made against it in the February 29, 2009 U.S. State Department Human Rights Report. The official spokesmen of the dictatorship angrily denounced the alleged inaccuracies in that report, carped about its groundless charges of criminal wrongdoing, whined about the hidden agendas of shadowy manipulators of U.S. foreign policy, groused about the fictitious and fanciful claims of human rights abuses and blasted the American government for lying outright to undermine their credibility and portray them as international pariahs. Even the leader of the dictatorship took a jab at the report. With simulated dramatic flair, he described the report as a “fairy tale” (te-ret) and “false propaganda” to his parliament. As usual, he categorically denied the occurrence of any systematic human rights violations, extrajudicial killings, mass detentions without charges and the commission of crimes against humanity by himself, his official minions or security and military forces.

Of course, one man’s fairy tale is another man’s tale of fear. Dr. Merera Gudina, chairman of the Oromo People’s Congress and the United Ethiopian Democratic Forces was quick to disagree, as quoted by the gazette Addis Negger:

I see it as one of the government’s attempts to conceal its human rights abuses. For example, the government claims that ‘there are no secret prisons in Ethiopia,’ but about 15 kilometers away from Ambo, where I have enough information about, there are three unofficial secret prisons: the old Emperor Haile Selassie’s Palace in Ambo, Senkele Police Training Center and Holeta Military Camp. Dedesa, where many thousands had been locked up after the 2005 elections, is not an official prison. We can provide as much evidence as needed. It is well known that people have been jailed in Maekelawi [the notorious high-security torture prison in Ethiopia] from one month to up-to several years without court warrants. I do not understand who the government is trying to deceive.

Others offered similar assessments about the dictatorship’s brazen and audacious denials of documented and established facts of notorious human rights abuses. The funny thing about the dictatorship’s spasmodic eruption of belated moral outrage against an imaginary cabal of evil international human rights organizations is that they had been ignoring those “fairy tale” reports impassively and scornfully for well over a decade. In their recent counteroffensives, they even stressed the fact that it is not their policy to dignify the “false and propagandistic fairy tales” of the human rights organizations with a response. But now, out of the blue, the dictatorship is squealing like a stuck pig and flailing every which way to respond to the 2009 U.S. State Department Human Rights Report. Why? What has changed so dramatically to cause the dictatorship to sweat it out?

We Know Why They Are Squealing!

The dictators are squealing because the U.S. has quietly and matter-of-factly cut off assistance for military training and equipment to them. That is right! No more American taxpayer dollars to train human rights abusers and criminals; no more American taxpayer dollars for guns, tanks and Humvees to kill innocent Ethiopians. No military partnership with thugs! Many people will no doubt be surprised by this fact, but the law is explicit and its provisions plain and unmistakable.

On March 11, 2009, President Barack Obama signed H.R. 1125, the “Omnibus Appropriations Act, 2009” [1] for the fiscal year ending September 30, 2009. H.R. 1105 (Title IV, International Security Assistance, p. 332, fn. 1) prohibits military assistance and training to rogue regimes that engage in gross human rights violations. The relevant legislative language of H.R. 1125 (see fn. 1 below, p. 332) provides,

INTERNATIONAL MILITARY EDUCATION AND TRAINING – For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961,… Provided further, That funds made available under this heading for assistance for Haiti, Guatemala, the Democratic Republic of the Congo, Nigeria, Sri Lanka, Nepal, Ethiopia, Bangladesh, Libya, and Angola may only be provided through the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description of proposed activities

Further, under Title IV of H.R. 1105, “FOREIGN MILITARY FINANCING PROGRAM”, the following prohibition is indicated:

“Provided further, That none of the funds appropriated under this heading may be made available for assistance for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic Republic of the Congo except pursuant to the regular notification procedures of the Committees on Appropriations.

H.R. 1105 also forbids reprogramming of any funds made available in prior appropriations (previous years) to provide assistance to these rogue regimes in the current fiscal year. (See fn. 1, pp. 342, 344):

REPROGRAMMING NOTIFICATION REQUIREMENTS SEC. 7015. (f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in section 7045(f)(4) of this Act except as provided through the regular notification procedures of the Committees on Appropriations.

H.R. 1105 allows training assistance to non-military personnel “who are not members of a government [and] whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights…”

The foregoing change in U.S. military assistance policy in Ethiopia is an extraordinary transformation in U.S. foreign policy. For the first time in decades, the U.S. government has decided to explicitly link human rights abuses in Ethiopia to its military aid program. Congress, by requiring extraordinary presidential reporting “through the regular notification procedures of the Committees on Appropriations” has expressly denied military assistance to the dictators and limited the discretion of the U.S. President to furnish such assistance under the authority of section 541 of the Foreign Assistance Act of 1961.

In plain language, H.R. 1105 cuts off military assistance to the identified rogue regimes, but allows the President to waive the prohibition on a case by case basis in the national interest, provided that he notifies the Appropriations Committees of the House and the Senate (committees responsible for funding the U.S. government) 15 days in advance of his intention to do so, and supplies a “detailed description of proposed activities” justifying the waiver. Even in emergency cases, the President must notify the Appropriations Committees that he has provided military assistance to the rogue regimes “no later than 3 days after taking the action to which such notification requirement was applicable.” In short, H.R. 1105 prohibits funds for military training or equipment to dictatorial regimes that engage in gross and consistent human rights abuses. That is why the dictators in Ethiopia were squealing like a stuck pig over the past few weeks!

Sea Change in American Foreign Policy in Ethiopia

In his inauguration speech, President Obama sent a clear message to the tin pot dictators of the world:

To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history, but that we will extend a hand if you are willing to unclench your fist. To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds.

By denying funds for military training and equipment, the President and the new Congress are standing tall with the “starving people of the poor nations” of the world and against the filthy-rich kleptocratic dictators who oppress them and “cling to power through corruption and deceit and the silencing of dissent.” The message from the Obama administration to the dictators in Ethiopia is crystal clear: “America will not give you a penny to train your soldiers to terrorize your civilian population, nor will it provide your military establishments a single gun, plane, tank or Humvee to kill them.” George Bush’s unholy “alliance with atrocity” is over. No more unconditional and blind support to dictators who abuse and mistreat their people in the name of “promoting U.S. interests.” Bush’s war on terror under Obama will be transformed into a struggle for global peace under the rule of law and respect for human rights.

Admittedly, U.S. military assistance to the dictatorship in Ethiopia has not been very large, although the dictatorship has received the lion’s share of such aid in the past. What is important about the termination of military assistance in H.R. 1105 is not the dollar amount but rather the implicit moral and political condemnation of the dictatorship for its use of American military aid to violate the human rights of innocent Ethiopians and oppress the population. This simple and straightforward legislative action by the Appropriations Committees represents a sea change, a re-direction, of U.S. foreign policy. It is the first shot across the bow warning all tin pot dictators that the U.S. will no longer form or maintain partnerships with thugs and criminals.

The Obama administration obviously understands that future U.S. military operations with rogue regimes could be adversely affected by such a policy, particularly in terms of potential anti-terror or peacekeeping missions. But the Congress and President Obama are making it clear that they are no longer willing to sustain the culture of impunity of these regimes or subordinate fundamental human rights to political expediency by providing dictators with military training and equipment which will inevitably be used to crackdown on internal opposition and wage war against neighboring countries.

The Moral Challenge in Obama’s Foreign Policy

Last week, President Obama gave a stirring speech on the future direction of U.S. foreign policy and how he plans to keep America safe from its sworn enemies:

… I believe with every fiber of my being that in the long run we also cannot keep this country safe unless we enlist the power of our most fundamental values. The documents that we hold in this very hall – the Declaration of Independence, the Constitution, the Bill of Rights – are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality and dignity in the world.

In that speech, the President raised American foreign policy from the murky morass of Bush’s cowboy unilaterialsm to the sublime heights of moral clarity grounded in America’s founding principles and values. The President stressed the urgency of restoring a moral perspective in the debates over the challenges of American foreign policy, and the need to return to fundamental American principles and values for guidance. President Obama has witnessed the enormous damage inflicted upon America’s role in the world, and the corruption of American values and principles under the Bush-Cheney administration. The contrived war in Iraq, the unspeakable abuses at Abu Ghraib prison and the albatross hanging around America’s neck, the grotesque detention facility in Guantanamo Bay, Cuba, are merely examples of the moral decay America had to endure over the past eight years. That is why the President had to emphatically declare to the world that he believes “with every fiber of his being” in the “rule of law, liberty, justice, equality fairness and the dignity of the individual”. No more of a foreign policy based on a twisted philosophy of the “end justifies the means”.

We anticipate the hollow and deceitful sovereignty arguments raised so often by the dictators in Ethiopia. They say, “no one can tell them how to run their ‘country’ by giving or denying them aid.” But they need to understand that linking military aid, or for that matter economic aid, to explicit human rights criteria is not to violate anyone’s sovereignty. Sovereign American law (Leahy Amendment) requires denial of military aid to any regime whose military units engage in gross abuses of human rights. By denying military aid, the U.S. is merely dissociating itself from the crimes, corruption and atrocities of the dictators in Ethiopia. The U.S. no longer wants to support and foster their culture of impunity that tolerates the burning of villages in the Ogaden to accomplish the ends of “counter-terrorism”, or the massacre of innocent protesters in the streets to help them “cling to power”. Most importantly, the termination of military assistance to rogue regimes is essentially about America itself and its role in the world. Tin pot dictators have the choice of “clinging to power through corruption and deceit and the silencing of dissent”; and America has the choice of clinging fiercely and tenaciously to its fundamental principles and values of “liberty, justice, freedom, fairness, equality and dignity in the world.” H.R. 1105 makes that choice for America.

Writing on the Wall: Endgame!

It is reasonable to suppose that the dictators in Ethiopia see the relevant provisions of H.R.1105 as the proverbial writing on the wall, the beginning of the endgame. They never thought in their wildest imaginations that Barack Obama would be elected President. They thought they had it sewed up by donating millions to a certain foundation. They thought they could throw around their millions on K Street lobbyists and stonewall any change in American foreign policy towards them. They thought they were invincible because they could wine and dine witless American politicians to do their dirty deeds. They thought Bush’s “war on terror” will go on forever. They thought they could exploit to their advantage America’s global dilemma over national security and the protection of human rights. They thought American power came from the shrapnel of its bombs, the deadly accuracy of its missiles and the formidable capabilities of its armed forces. But they could never imagine or understand that America’s awesome power lies in the principles and values declared to a “candid world” over two centuries ago in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. It is impossible for them to even begin to understand what President Obama means when he says he believes “with every fiber of his being” in the “power of our most fundamental values”. But it is with the aid of these values and principles that President Obama shall seek to restore America’s leadership in the world, and win the hearts and minds of friends and foes alike.

The dictators in Ethiopia have a big problem on their hands. They don’t know what to do with President Obama. They are confused. Most likely, they feel vulnerable and unsure of what will happen next. So, they will try to entice him to support them by re-deploying troops to Somalia to prove once more that the U.S. needs them to fight against al-Shabaab, al-Qaeda and whoever else is hiding behind a rock there. They will try to scare him by threatening to dump America and go to China for their military needs. They will try to sweet-talk him into believing that they will be nice and take steps to be more democratic and stop violating human rights. They will pile lies upon lies in a desperate attempt not to lose American material and moral support.

But all of that will be in vain. President Obama is not George Bush. He can not be schmoozed by silly talk of the birth pangs of a “nascent democracy” and that sort of hogwash. President Obama knows African politics and history well; and he has spoken eloquently of Africa’s tragic predicament: Dictators that “cling to power through corruption and deceit and the silencing of dissent,” human rights abuses, the absence of the rule of law, corruption and repression. One can not overcome these problems by having more guns and tanks or by training soldiers to use them skillfully against innocent citizens. That is why President Obama reached out to all tin pot dictators and promised “that we will extend a hand if [they] are willing to unclench [their] fist”, and offered “to the people of poor nations [that] we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds.” America will not give military aid to dictators to kill and oppress their people; but if the dictators “unclench their fists”, it will gladly help them build institutions and civil society organizations committed to deepening democracy, accountability and human rights, and establish “the vital trust between a people and their government.”

Let there be no mistake: President Obama is not naïve. He knows the terrorists and tin pot dictators of the world will not be influenced by pleas for observance of the rule of law, or moral appeals to do what is right. He knows there is no magic formula to transform dictators into democrats. That does not happen even in fairy tales, though it has been said that once in fairyland a frog was transformed into a prince. But there is no fairyland that exists in the imagination where it is possible to change thugs into statesmen. For in the end, U.S. foreign policy under the Obama administration will not be about what is wrong with self-delusional tin pot dictators that “cling to power through corruption and deceit and the silencing of dissent.” Rather, it will be about using America’s democratic values and principles to win the hearts and minds of a hostile and skeptical world that has witnessed a great nation degenerate to its lowest level over the past eight years. It will be about how America can get it right, after getting it wrong for so long, in a world that looks anxiously for its moral leadership. It will be a long and hard road ahead, but ultimately America will regain its moral leadership and credibility among the poor people of the world with President Obama at the helm.

America is lucky to have a President who has a moral vision for his nation, openly celebrates “with every fiber of his being” the values and principles upon which his nation is founded, and proudly and cheerfully toils day and night to serve the American people. America is truly blessed to have a leader who knows right from wrong, and swiftly disinherits those “on the wrong side of history”!

[1] http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1105enr.txt.pdf

The writer, Alemayehu G. Mariam, is a professor of political science at California State University, San Bernardino, and an attorney based in Los Angeles. For comments, he can be reached at [email protected]

Ending the Culture of Impunity

Alemayehu G. Mariam

The Culture of Impunity

David Dadge, Director of the Vienna-based International Press Institute, the oldest press freedom organization in the world, recently wrote a compelling commentary in The Guardian which should be of special interest to all Ethiopian human rights advocates.[1] He suggested that the current dictatorship in Ethiopia operates in an entrenched culture of impunity (not to be confused with the equally gripping culture of corruption that afflicts it) in which gross human rights abuses are committed routinely without legal accountability of the abusers and active complicity of officials. He argued that this culture could be brought to an end or significantly curtailed by donor countries and international lending institutions.

Dadge offered a partial list of the crimes committed by the current dictatorship with impunity:

… An authoritarian government rules Ethiopia with virtual impunity. Prime minister Meles Zenawi, in power for 18 years, has crushed the opposition. His ruling party dominates public institutions. Worse still, in a vast and predominantly rural country, the prime minister’s underlings control broadcasting and maintain a choke-hold on other media… Four years ago this month, Zenawi’s Ethiopian People’s Revolutionary Democratic Party (EPRDF) suffered its worst loss at the polls since the former guerrilla overthrew a ruthless, Soviet-backed regime in 1991. Rather than accept its losses, the EPRDF-run government responded with a brutal crackdown, claiming outright victory and accusing the opposition of trying to stage an insurrection. Security forces attacked peaceful protesters, jailed opposition leaders, sent thousands of their supporters to gruesome detention camps and accused independent journalists of treason – a crime punishable by death.

The Legacy of Impunity

Ethiopia’s modern history has been disfigured by unfathomable acts of official cruelty and inhumanity. Few have ever been held to account for criminal acts of depravity that can be soberly described as monstrous. The enduring legacy of impunity is too painful to remember: There was the criminal and extreme indifference of the imperial regime to the hundreds of thousands of famine victims in the early 1970s. The fire stoked by that famine consumed the monarchy, and from its ashes rose a military dictatorship of unimaginable savagery. Mengistu and his henchmen orchestrated official “terror” campaigns which resulted in the extermination of hundreds of thousands of innocent citizens. Justice has yet to catch up with those criminals. Today there is a diabolically cruel and wicked criminal enterprise masquerading as a government that has continued the sadistic and barbarous legacy of impunity. The current dictators in Ethiopia operate on the belief that they can commit any crime whatsoever without fear of punishment, legal accountability, or retribution. This culture of impunity must end!

Practicing the Culture of Impunity

Over the past decade, there has been massive documentation of human rights violations in Ethiopia. Yet there has not been a single independently verified prosecution of human rights violations under the current dictatorship. No regime official or member of its security or military force has ever been prosecuted for crimes against humanity. There have been no prosecutions even when there is clear proof of gross human rights violations in the possession of the regime. Just last year, Col. Michael Dewars, the internationally renowned riot control expert, hired by the dictatorship to make recommendations on riot control improvements stated in his report that the Director General of the Ethiopian Federal Police told him, “As a direct result of the 2005 riots, he [had] sacked 237 policemen.”[2] This evidence directly contradicts previous statements by the dictatorship denying specific knowledge of any criminal conduct by the riot policemen who fired into crowds of innocent protesters indiscriminately. It also shows the entrenched and hardcore nature of the culture of impunity in the dictatorship: Even suspects who are “directly” implicated in the massacres of nearly 200 protesters and maiming of nearly 800 others four years ago have yet to be brought to justice. On December 13, 2003, more than 400 Anuaks were massacred by uniformed soldiers of the dictatorship, and tens of thousands were forced to flee to the Sudan. Though there are multitudes of eyewitnesses to the massacres, not one of the implicated “soldiers” has been prosecuted.

Even when U.N. Undersecretary General John Holmes in 2007 visited the Ogaden region and later recommended to the leader of the current dictatorship that large numbers of civilians had been killed by regime troops, their homes burned and deprived of adequate food or medicines, the official response was, “There have probably been cases of [human] rights violations by government troops [but] the violations were not widespread or systematic.” No one was ever identified, investigated, arrested or prosecuted for these “human rights violations”. Indiscriminate shelling of civilians in Somalia by the regime’s troops have resulted in mind boggling civilian casualties and displacement of over 1.5 million people from their homes. No one has been charged with war crimes. There are also thousands of cases in which official criminal acts have been perpetrated against individuals in violation of the dictatorship’s own constitution and criminal laws as documented fully in the annual reports of the various international human rights organizations. No prosecutions in such cases have taken place. To add insult to injury, the dictatorship recently drafted a so-called antiterrorism law which aims to provide full “legal” armor to its decadent culture of impunity. (Legal history buffs will no doubt be amused by the curious similarity of the text, tenor and spirit of the dictatorship’s “anti-terrorism law” with the 1933 Reichstag Fire Decree, which accelerated the entrenchment of the Nazis by giving them a legal cudgel to hammer down their opposition on mere suspicion of “terrorism”.)

Ending the Culture of Impunity

Dadge argues convincingly that donor countries and multilateral lending institutions providing “development” funds have significant leverage against the dictatorship in Ethiopia, and could help bring accountability for human rights violations and closure to the culture of impunity:

The European Union and the United States will pump about $2.5bn into Ethiopia this year, a sum that does not even begin to include the cost of medicines, famine relief and countless other services provided by non-profit groups… There are ways to pressure Zenawi: Donors should deny Ethiopian ministers a seat at diplomatic tables… The Development Assistance Group, created by the EU and other principal donors to co-ordinate aid projects in Ethiopia [should] ensure that international resources do not support policies that are anathema to human rights values…. The EU should aggressively enforce the Cotonou Agreement, which requires Ethiopia and other nations that receive European assistance to respect ‘human rights, democratic principles, and the rule of law’. The EU and the US should wield more of their clout at the World Bank and other international organisations to link development grants to progress on press freedom and human rights.

Implicit in Dadge’s argument are three vital propositions: 1) The indulgence and benign indifference of the EU, the U.S. and international lending organizations are partly responsible for emboldening the dictatorship to continue to practice its culture of impunity. 2) These same donors and lenders hold the key to ending that culture of impunity by making all non-humanitarian aid to the dictatorship contingent on improvements in human rights. 3) The dictatorship will continue to conjure up the specter of terrorism, regional instability and internal chaos to cling to power and perpetuate reflexive support from the donors and lenders.

We have witnessed the Bush administration turning a blind eye to massive human rights violations in Ethiopia so long as the dictatorship was willing to undertake a proxy war in Somalia. Tony Blair and Gordon Brown chose to be romanced by smooth talk of democracy and intellectual pretensions; they too turned a blind eye. Brown insulted the intelligence of all Africans when he invited the current dictator in Ethiopia, universally condemned for his dismal human rights record, to represent Africa at the G-20 meeting. But that has been the history of duplicity of the Bush-Brown-Gordon axis. The EU must also be outed for its hypocrisy. Not long ago, it rewarded the dictators in Ethiopia with a gift of €250 million shortly after they clamped down on NGOs and civic society institutions. The World Bank and the International Monetary Fund suspended some aid in feigned outrage against the dictatorship following the 2005 elections, but later opened up the floodgates of loans to sustain it. None of the donors and lenders did much to stop the killings, mass arrests, imprisonments and persecution of innocent Ethiopians. It is self-evident that for more than a decade, there has been a tragic failure of donor and lender policy in not supporting good governance in Ethiopia based on the principle of the rule of law. Donors have sought to evade the truth about the dictatorship by justifying its egregious human rights abuses as manifestations of benign ignorance, inexperience, incompetence or lack of technical understanding of modern governance. Donors and lenders must be made to support democracy and the rule of law in Ethiopia!

From a Culture of Impunity to a Culture of the Rule of Law

Dadge is telling us that the culture of impunity practiced by the dictatorship could be changed by transforming international donor and lender policies. The first step in bringing about this change is to get donors and lenders to take moral responsibility for their complicity in the dictatorship’s human rights abuses. We must do everything possible to get them to publicly condemn the regime’s repression and atrocities. Second, we must demonstrate to them with empirical evidence that the aid and development loans they provide to the regime are pivotal in sustaining the system of repression and human rights abuses. We must make convincing moral, political and legal arguments that show the rule of law and growth of democratic institutions in Ethiopia will serve their practical and long term interests better than the expediency of supporting a regime that can sustain itself only through violence and brutality. In short, we must use all of our resources to force Western donor countries and multilateral lending institutions to publicly chose between democracy and the rule of law in Ethiopia on the one hand, and dictatorship and human rights abuses on the other. That should be the cornerstone of our global advocacy strategy!

We challenge Ethiopians exiled in Europe to do their part and follow up with Dadge’s suggested courses of action. They have a powerful legal tool to make their case before the European Union. They must insist that the EU live up to its legal obligations under the 2000 Cotonou Partnership Agreement, and deny aid and loans to governments that do not “respect human rights, uphold democratic principles based on the rule of law and maintain transparency and accountability in governance.”

We are not unmindful of the tired, worn out and silly sovereignty arguments (“no donor or lender can tell us to improve human rights”) of the dictatorship. There is one simple truth the dictators need to understand clearly: Beggars can not dictate terms to their benefactors! They accept graciously and gratefully what they are given. Taxpayers of Western donor countries have no moral or legal obligation to provide material support to regimes who use their aid to commit crimes against humanity. A truly sovereign government takes care of its people, abides by the rules of international law and does not depend on the perpetual charity and goodwill of others to feed its people, run its government and maintain its social institutions.

Zero Tolerance for a Culture of Impunity

We must consistently advocate a policy of zero tolerance of a culture of impunity in Ethiopia. This means torturers, killers and other violators of human rights must be thoroughly and independently investigated, prosecuted, convicted and punished. The time to build a transitional bridge from a culture of impunity to a culture of the rule of law is now. Exiled Ethiopians alone can not build this bridge. We must make allies of the citizens of the EU countries and the U.S. and convince them that their hard earned tax dollars must not be used to bankroll a depraved dictatorship in Ethiopia. In the U.S., many of us have taken that challenge directly. We shall continue to work with Congressman Donald Payne and Senators Russ Feingold and Pat Leahy to bring to fruition the “Ethiopia Democracy and Accountability Act” (formerly H.R. 2003), which links U.S. non-humanitarian aid to improvements in human rights in Ethiopia. We are also confident that the Obama Administration will be sympathetic to our cause of human rights accountability. We believe the new administration will not turn a blind eye, a deaf ear and a mute tongue to our plea for help in stopping human rights abuses, ending the culture of impunity and in establishing the rule of law in Ethiopia.

Letter writing campaigns, public demonstrations and petitions are important; but to end the culture of impunity and bring human rights violators to justice much more is needed. Persuasive, convincing and cold hard evidence is required. We must expand and develop an ongoing data collection effort that documents human rights violations on a systematic basis throughout the country. We must apply creative strategies to monitor harassment of human rights defenders, lawyers and journalists, use video and audio technologies to document incidents of abuse particularly by members of the security forces, locate and maintain witness lists for abuse incidents, keep photographic and documentary records of torture and abuse victims and perform other similar activities. We thank those courageous Ethiopians who have undertaken such tasks to date.

Those Who Refuse to Learn From History Should Learn From Their Constitution

George Santayana admonished, “Those who cannot remember the past are condemned to repeat it.” If we do not learn from the burdensome legacy of the culture of impunity, we shall be condemned to prolong and tolerate it for ages to come. The old adage holds true in Ethiopia’s case: “The limits of tyrants are set by the level of tolerance of those subjected to tyranny.” The people of Ethiopia have tolerated a ruthless dictatorship for eighteen years. They are now a hungry and angry people. They are hungry not only for food to sustain their bodies, but also a human rights culture anchored in the principle of the rule of law and democratic institutions to nurture their spirits. They are angry because their basic human rights are violated everyday. Freedom from the rule of those wallowing in a culture of impunity comes at a high price. Many Ethiopians pay that price on a daily basis. We believe history is a great teacher; but the law is a formidable disciplinarian. Article 28 of the dictatorship’s constitution is prophetically instructive:

Crimes Against Humanity. There shall be no period of limitation on persons charged with crimes against humanity as provided by international conventions ratified by Ethiopia and other laws of Ethiopia. The legislature or any other organ of state shall have no power to pardon or give amnesty with regard to such offences.”

Those who refuse to learn from history would be wise to learn from their own constitution!

[1] http://www.guardian.co.uk/commentisfree/2009/may/19/ethiopia-human-rights
[2] http://ethiopiangasha.org/tmp/ALM_October222008.html

The writer, Alemayehu G. Mariam, is a professor of political science at California State University, San Bernardino, and an attorney based in Los Angeles. For comments, he can be reached at [email protected]

Crimes of Willful Ignorance

Alemayehu G. Mariam

Barking Up the Wrong Tree

This past week, the attack dogs of the dictatorship in Ethiopia were unleashed against Amnesty International (AI) because that organization had requested publication of the names of suspects arrested for allegedly conspiring to assassinate high officials and blow up government buildings. Ermiyas Legesse, a “State Minister of Government Communication Affairs”, offered the incredibly ignorant legal analysis that AI’s request for a list of the suspects represented a human rights violation and an interference in the country’s legal process: “Amnesty was giving a verdict before the Ethiopian court, the only legal institution to make any judgment on the issue. Now Amnesty is committing a prejudice. It is hindering our judiciary system, which by itself is violation of human rights.” Shimeles Kemal, the notorious legal flunkey and spinmeister of the regime and star persecutor of the Kinijit kangaroo court chimed in with his signature gobbledegook: “At a time of conducting investigation against criminal, it is so difficult to release information as it may frustrate the investigation process.” Identifying suspects who are held incommunicado while the regime is stage managing a media circus frenzy about their sinister crimes against the state will hinder a criminal investigation and constitute a human rights violation? Such is the illogic of a regime that is trapped in the throes of political turmoil and survival. Such is the loony logic of a regime in terminal paranoia!

Dictatorship of Ignoramuses

All of the brouhaha about the AI request for the list of suspects would have amounted to no more than comic relief but for the fact that we are seeing laid out before our eyes the makings of a legal lynching in a Kangaroo Kriminal Kourt. We have seen it all before during the two years of “prosecution” of the Kinijit and other pro-democracy leaders. (See my 32-page analysis of those proceedings.[1])The careful observer will no doubt be amused by the spectacle of this manifestly mindlessness make-believe trial of 40 suspects officially dubbed “desperadoes”: 1) Could the regime possibly believe that any reasonable person who has marginal familiarity with their long record of human rights abuses and miscarriage of justice will give an iota of credibility to their silly kangaroo judicial process? 2) Are they so lacking in intelligence that they simply can’t see their legal pretensions are mere exercises in futility? Or are they just playing dumb? Perhaps they think the rest of the world is so. 3) Could it be that they are cleverly trying to distract attention from the real issues facing the country such as endemic corruption, famine, prisons full of political prisoners, skyrocketing cost of living and so on by stage managing a media circus around the infamous “Case of the Desperadoes”? 4) Is it possible that they are taking a preemptive strike against international human rights organizations and put them on the defensive in anticipation of criticisms they expect to get as they proceed with their bogus prosecutions? 5) Could it be that they are just ignorant of general principles of criminal law, their own constitution and criminal law and procedure? We will give them the benefit of the doubt and assume that they are legal ignoramuses.

Criminal Procedure 101 for Kangaroo Court

As the old saying goes, “Fool me once, shame on you; Fool me twice, shame on me.” The criminal dictatorship put on a dog and pony legal show for nearly two years following the 2005 elections. They fooled some people then, but they won’t be able to fool many people twice with their “40 Desperadoes” kangaroo court road show. We will call them out on their own constitution and laws: Article 9 of their constitution provides, “This Constitution is the supreme law of the land.” No “laws, practices, and decisions of public officials” can negate it. Article 10 provides, “Human rights and freedoms as inherent rights of man are inalienable and inviolable.” Article 13 provides that the rights of Ethiopian citizens “shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.” Among the fundamental constitutional rights of the accused listed in the “supreme law of the land” include the right “the presumption of innocence until proved guilty by a court of law, a public hearing before an ordinary court of law without undue delay” and written notice of the charges. (See also Arts. 19, and 11.)” Art. 61 guarantees the right of “any person detained on arrest or on remand” to “call forthwith” and consult a lawyer of his choice. Article 24 guarantees “Everyone shall have the right to his human dignity and good reputation.

Article 11 of the Universal Declaration of Human Rights which is incorporated in the “supreme law” by express reference provides “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.” The International Covenant on Civil and Political Rights under Article 9 provides “No one shall be subjected to arbitrary arrest or detention…. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him”. (See also Art. 14 of the Criminal Procedure Code.) A criminal defendant is entitled to a change of venue if “a fair and impartial trial cannot be held in any criminal court.” (Art. 106, Crim. Proc. Code.)

Presumption of Innocence

The “40 Desperadoes” are presumed to be absolutely innocent until proven guilty beyond a reasonable doubt in a court of law. The burden of proving their guilt based on legally admissible evidence rests entirely on the prosecution. As defendants, they do not have any burden of proof whatsoever! In determining the issue of guilt, the judge(s) must rely solely and exclusively on the evidence presented at trial. It is obvious that the “40 desperadoes” have not only been presumed guilty — indeed they have been found guilty — before they are even served with notice of the written charges. Bereket Simeon, a “communications minister” and chief advisor to the regime leader declared, “six of the suspects were army officers on active duty, including one general, 34 of the suspects were ex-army men expelled from the army on grounds of misconduct. [The suspects did not intend] to stage a coup but assassinate individuals, high ranking government officials and destroying some public facilities and utilities … like telecom services and electricity utilities… They intended to create conducive conditions for large scale chaos and havoc.” What is truly appalling is the fact that a statement of such gravity made by the second most powerful man in the regime is tantamount to an irrevocable verdict of guilty. What judge in the land will have the guts to overrule such an outrageously politically-motivated legal conclusion intended to prejudge the defendants’ case, cripple their defense, deny them a fair trial and railroad them straight to jail or worse?

Notice of Charges

Most of the suspects in the alleged terrorist conspiracy were arrested on or about April 24 amidst a media circus complete with pictures and videos of weapons caches allegedly to be used in the plot. To date, none of the suspects has been charged, and all remain in detention. What is required to charge the suspects under the regime’s constitution is a plain and concise statement of the acts constituting the alleged criminal. Indeed, Simeon’s statement alleges sufficient facts which minimally point to “terrorism”, attempted insurrection and conspiracy. If the evidence against the suspects is as ironclad as the regime suggests, there is no need for any delay in charging them or identifying them in public. But we have seen this game played before during the prosecution of the Kinijit and other defendants. (See link at footnote 1.) The regime makes general allegations in the media, shuttle the detained suspects back and forth to “court”, request interminable delays to investigate the case and locate witnesses (fabricate evidence) and let the suspects languish in prolonged pretrial detention until it decides to announce all of them are guilty.

Fair and Impartial Trial

Is it remotely possible for the “desperadoes” to have a “fair and impartial trial” in the regime’s kangaroo courts? Could there be a judge(s) throughout the land who can hear and impartially decide the issue of guilt without improper influence, inducements, pressure, threats or political interference by the dictators? To answer this question in the affirmative is to assert that the rule of law prevails in Ethiopia, and that the “supreme law of the land” is actually followed. As evidenced in the Kinijit kangaroo trials, there will be perjury-fest in the courtroom. There will be funny capers with the evidence. Endless requests for continuances and postponements of court dates will granted to the prosecution to investigate the case (why file charges if the prosecution is not ready for trial?). Possibly, there will be international observers who will sit in kangaroo court and cringe in silence as they see a monumental miscarriage of justice unfold before their very eyes. A troika of the regime’s best judicial hacks will be enthroned on the bench having taken the oath of “see nothing, hear nothing and do nothing”. Fair trial in a criminals’ court, what a quaint idea!

Right to Counsel

The “desperadoes” supposedly have the constitutional right to counsel. It is a universally accepted axiom of the law that there can never be a fair criminal trial in which the defendant is denied the assistance of counsel. The defense lawyer advises the defendant of his rights and explains the various stages of the criminal process, ensures the defendant’s constitutional and procedural rights are not violated, investigates the facts and prepares legal defenses. As the various international human rights organizations have documented for years, access to counsel by pretrial detainees in Ethiopia is non-existent. In ordinary criminal cases, public defenders may be appointed if the matter goes to trial. In political cases, the authorities tightly regulate the attorney-client privilege arbitrarily denying consultations, limiting consultation times, intruding upon privileged attorney-client conferences, intimidating defense lawyers who represent their clients zealously and even sanctioning them for vigorously defending their clientsin court. Under such circumstances, can anyone reasonably expect a fair trial?

Human Dignity and Good Reputation

The 40 individuals suspected of involvement in the conspiracy were officially characterized as “desperadoes” despite their constitutional right to dignity and good reputation. The choice of epithet is calculated. It is intended to ridicule and belittle them, and diminish their status as military officers. They are trying to create a public image of these officers as “good soldiers gone bad”. By describing them as “desperadoes”, the regime aims to caricature them in the manner of the reckless outlaws of the frontier American West who would shoot up the saloon in a drunken rage. They want to depict and demean them as criminal thugs and draw upon them public hatred, ridicule and contempt while destroying the self-esteem of these officers and their standing community. But the fact remains that they have a constitutional right to good reputation as officers and gentlemen, and are presumed innocent until proven desperado!

Trials as a Tool of Political Persecution: The Need to Understand Abuses of Criminal Procedure in Human Rights Cases

It is important to understand abuses of criminal procedural rights in human rights cases because enforcement of the criminal law and denial of procedural rights of suspects is the principal tool used by dictators to accomplish multiple purposes: 1) The misuse, manipulation and denial of procedural rights (the process by which guilt is proven and punishment exacted) to suspects presents dictatorships tremendous opportunities for oppression and human rights violations without attracting much criticism or condemnation. It gives them an opportunity to avoid accountability by claiming that any questioning of what they do or not do is a “hinder[ance] of our judiciary system.” 2) Disregard for lawful procedures in criminal cases often serves as a method for stifling expressions which are critical of the dictatorship. That was precisely what Legesse and Kemal were trying to do in claiming that Amnesty International’s request for a list of suspects is a “human rights violation” and an obstruction to investigation. 3) Manipulation of criminal procedural rights in dictatorships are also often used to send a warning to other opposition members that the full wrath and weight of kangaroo law could be visited upon them at any moment.

Of course, the use of trials as a tool of political persecution is nothing new. Dictatorships in history have used the court system and the trial process to vindicate their own legitimacy as leaders and the legitimacy of their state institutions by prosecuting those they perceive as threats. It is no different here. The dictators in the “desperado” cases are using the kangaroo court show trials as opportunities for the demonstration of their own legitimacy as a government and control of state institutions while impressing the party faithful with their use of an iron legal fist. But Stalin had perfected these techniques decades ago. He consolidated his absolute power in the Great Purges of the 1930s by staging kangaroo court proceedings to eliminate “opportunists”, “counter-revolutionary infiltrators”, “enemies of the people”, and “terrorist organizations and terrorist acts (for which he enacted a special law). During the purge of the Red Army, thousands of military leaders and officers were convicted of treason and other offenses against the state, and jailed or killed. But Stalin spared no one. Workers, peasants, housewives, teachers, priests, musicians, soldiers, pensioners and even beggars were arrested and punished on mere suspicion or no suspicion at all. As terminal paranoia widens its grip, similar outcomes could be expected in Ethiopia as well. The fact of the matter is that the show trials of the “desperadoes” will be used as a tool to facilitate their conviction, and most importantly, as a sophisticated means of repression of dissent and suppression of democratic impulses.

Kangaroo Justice: Verdict First, Trial Second

We know exactly what has happened to the 40 desperadoes. They have been found guilty as sin by the powers that be even before they are charged with a single crime. The coming kangaroo trial is just window dressing for a guilty verdict that has already been reached. It is all a charade, a legal game in which there will be prosecutors and defense lawyers (maybe), party-hacks-in-robes pretending to be judges and endless court dates. Who needs constitutional rights, procedural protections, human rights laws and other such quaint legal niceties when we can play kangaroo court: “The Case of the 40 Desperadoes. Let the Games Begin!”

[1] http://www.ethiomedia.com/addfile/keystone_cops.pdf

Democracy at Bay

Alemayehu G. Mariam

(In memory of those Ethiopians massacred and maimed by the dictatorship in power following the May 15, 2005 elections.)

Reflections on a Democracy Unplugged

“When the people fear the government, you have tyranny. When the government fears the people, you have freedom,” said Thomas Paine, one of the inspiring figures of the American revolution. On May 15, 2005, for the first time and for a fleeting moment in Ethiopia’s millennial history, government was forced to kneel down before the people, bow its head in trepidation and submit to their will and awesome power. Over 25 million Ethiopians voted on May 15, 20005; and with their signature dignity and civility, they evicted from the throne of power dictators that had lorded over them for nearly a decade and a half. “Enough is enough!”, the people said softly to the dictators in the voting booths. “We have no use for you. Leave, and live in peace!” But the dictators would have none of it. They declared war on the people. They shot them in the streets. They jailed them by the hundreds of thousands. They intimidated them into silent suffering and did everything in their power to eradicate hope and sow despair and division among them. They triumphantly put democracy on ice: No opposition political parties. No civil society organizations. No free press. No justice. No peace. No problems!

Not quite! Four years later, we have come to know that the dictators have failed in their diabolical plans totally and miserably. Democracy is alive and well in Ethiopia today. It remains safely at bay in the hearts and minds of every Ethiopian who believes in freedom, democracy, the rule of law and human rights. The flame of democracy and liberty still burns bright because Ethiopia’s unsung heroes paid the ultimate price.

Tribute to the Unsung Heroes of the 2005 Election

There are thousands of unsung Ethiopian heroes of the 2005 elections; and on this fourth anniversary of that fateful election, we have a solemn obligation to remember them and honor their memory. For if we do not, no one else will. They were not “important” people when they lived, and few cried for them when they were mowed down like blades of grass by the official executioners. None of them ever graced the pages of the newspapers and magazines. No one bothered to interview them on the radio or television. They did not have Ph.Ds or college education; they did not have money, cars or fancy houses. Nobody gave them medals; no public buildings were named after them; no statutes erected to remind the living of their sacrifices; no public holidays or awards to honor their memory. No flags draped their caskets and no memorials were ever held for them in their deaths. They don’t even have grave markers. But to me they will forever remain Heroes of Ethiopian Democracy: Tensae Zegeye, age 14, was gunned down peacefully protesting theft of the 2005 election. So were Debela Guta, age 15; Habtamu Tola, age 16; Binyam Degefa, age 18; Behailu Tesfaye, age 20; Kasim Ali Rashid, age 21; ShiBire Desalegn, age 21; Teodros Giday Hailu, age 23; Adissu Belachew, age 25; Milion Kebede Robi, age 32; Desta Umma Birru, age 37; Tiruwork G. Tsadik, age 41; Admasu Abebe, age 45; Elfnesh Tekle, age 45; Abebe Huletu, age 50; Etenesh Yimam, age 50; Regassa Feyessa, age 55; Teshome Addis Kidane, age 65; Victim No. 21762, age 75, female; Victim No. 21760, male, age unknown…. and the thousands of other victims of dictatorship who shall rest for eternity in honored glory known but to God. I remember them all, and I honor their memory and their sacrifices.

May 15, 2005: A Flash of the Possible

What occurred in Ethiopia in May, 2005 was a variation of a global theme that had been played out in the past two decades. Throughout the 1980s and thereafter the world witnessed the implosion of dictatorships and the explosion of democracy in the former Soviet bloc countries and many authoritarian societies in Asia and Latin American. Crippled by lack of legitimacy and intense popular demands for greater political space and economic liberalization, many of these dictatorships fell like dominoes. In Africa, a few slick operators — previously sworn enemies of imperialism and champions of socialism — took advantage of the situation and seized power promising free elections, free speech, free media, free markets and free everything. They pulled a huge wool over the eyes of Western donors and managed to get themselves canonized as the “New Breed of African Leaders”. But within a few years, the New Breed had morphed into the Vicious Breed of African Leaders. They filled their prisons with their opponents, killed as many as they could, banned the independent media, subverted the judiciary, held make-believe elections and fastened themselves to power like barnacles to a sunken ship. They secured their ship of state with the glue of corruption and one-party rule.

In May, 2005, the unimaginable had suddenly become the inevitable in Ethiopia. A system of criminal enterprise based on corruption, theft of the public treasury and repression collapsed in a tidal wave of popular repudiation at the polls. In that fleeting moment, we saw a flash of the possible. We witnessed a miracle: Peaceful transfer of political power through fair and free elections, the birthing of a government that derives its just powers from the consent of the governed, scattered seedlings of a functioning democracy complete with competitive political parties, burgeoning civil society institutions and wide political space for ordinary citizens to participate in government and express themselves. But that miracle of democracy was snuffed in its cradle; and a virulent dictatorship of mercenaries stood naked for the whole world to behold.

The Sun Always Rises

There is much to be learned from the elections of 2005. The greatest lesson of all is: Ethiopians united can never be defeated! When opposition political parties came together to oppose dictatorship, they won handily. When civic society institutions banded together, they won mightily. When Ethiopians in exile worked together to support democracy, freedom and human rights together, they won beautifully. But winning is not a one time event. Winning an election is great, but winning the hearts and minds of the people is the greatest victory of all. Those societies that have overthrown dictatorships and consolidated their electoral victories managed to do so by using the power of persuasion together with the power of the ballot to win hearts and minds. Solidarity (the first non-communist union) in Poland led a broad-based anti-communist movement by winning hearts and minds. So did the teachers, writers, journalists and students that spearheaded Czechoslovakia’s “Velvet Revolution”. Even in East Germany, pastors and laymen became the nucleus for a broad-based anti-communist movement. It was within these civil society institutions that the people’s imaginations about freedom, democracy and human rights were stoked and a successful overthrow of the communist dictatorships achieved. Civil society institutions actually defeated the most entrenched and most encrusted dictatorships the world has ever known. The story was no different for the military bureaucratic authoritarian dictatorships of Latin America.

There is no reason to believe that civil society institutions in Ethiopia could not prove to be important mechanisms in the struggle against dictatorship and in sustaining a functioning democracy. The best proof of this proposition is manifest in the current regime’s maniacal obsession to regulate and choke civil society organizations. The so-called “Charities Proclamation” of the regime has only a single purpose: Prevent the explosion of popular democratic impulses and growth of civil society groups that can challenge the arbitrary rule of the dictators. The regime’s explanation that the “law” is passed to hold the foreign NGOs and other domestic groups accountable, promote transparency and safeguard against corruption is as absurd as having bank robbers guarding the bank from other robbers.

The foundation of politics in Ethiopia today is ethnicity and the elimination of unity of the people in all forms by accentuating historical, social, political, economic, regional, etc. differences and grievances. Ethnic identity and loyalties are glorified, and identity in a common nationality mocked, scorned and ridiculed. The governing principle of the dictators is “Ethnicity before one’s humanity, and definitely before one’s nationality.” The evidence on the current dictatorship for the last 18 years unambiguously shows that they have succeeded to some extent in “atomizing” Ethiopia into ethnic enclaves. As a result, the country has outwardly become an archipelago of ethnic and linguistic “homelands” or bantustans. This type of ethnic policy and practice has spawned a culture of distrust, and forced people to develop deeply embedded habits of fear, loathing, doubt and suspicion that will have serious consequences in a post-dictatorship democratic society.

As we reflect on the sacrifices of the victims of the post-2005 election violence, we must honor their memory by creatively developing and cultivating civic society organizations that could lead a broad-based anti-dictatorship movement; and evolve into vital institutions that can mediate conflict, build bridges across ethnic lines, promote consensus and national unity and institutionalize a functional democracy in a post-dictatorship Ethiopia. The fact of the matter is that an active civil society offers unlimited opportunities to challenge dictatorships and usher in democracy. It will not be easy to sustain such institutions given the inhuman brutality of the current dictators. But that was exactly what the people of Eastern Europe and the Soviet Union believed until they did what they had to do in creative ways to bring about freedom, democracy and human rights in their societies: Mobilize, catalyze, organize, educate and ACT.

Long live the memory of the victims of the post-2005 elections violence!

Terminal Paranoia!

By Alemayehu G. Mariam

A Plot Here! A Plot There! A Plot Everywhere!

April, 2009. “The ‘desperadoes’ are here! They are going to ‘assassinate high ranking government officials and destroy public facilities and utilities!’” Some forty individuals are officially said to be arrested for “terrorism” (but the real number may be at least five times as many). December, 2006. “The jihadists are coming! The Al-Shabaab terrorists are coming!” They never came but nearly 20,000 Somali civilians were killed, 29,000 wounded and 1.7 million displaced. May 2005. “Kinijit is plotting to ‘overthrow the constitutional order’! Kinijit is agitating an insurrection in the streets!” Nearly 200 unarmed protesters were massacred in the streets, 763 wounded and 30,000 jailed by official Inquiry Commission accounts. Top Kinijit leaders and dozens of human rights activists, journalists and civic society leaders were also jailed. The pretext of mysterious plots has proven to be a worn-out trick used by the dictatorship in Ethiopia to hammer down opponents, ratchet up the repression and divert public attention from its crimes and poor governance.

Triumph of Paranoia in Ethiopia

The latest saga of brutal repression in Ethiopia comes in the form of an alleged “desperado” conspiracy to “overthrow” the dictatorial regime. Leading the phalanx of “desperadoes” include an 80-year old grandfather, a young man and an active duty officer. But the official version of events followed the usual repertoire of lies and mendacity. Simon, a “communications minister”, concocted a bizarre tale of a gallery of “desperadoes”, “terrorists,” “disgruntled” military officers, shadowy assassins and a “dangerous” international “mastermind” who manipulated them all by remote control from the United States. According to Simon,

Six of the suspects were army officers on active duty, including one general, 34 of the suspects were ex-army men expelled from the army on grounds of misconduct. [The suspects did not intend] to stage a coup but assassinate individuals, high ranking government officials and destroying some public facilities and utilities … like telecom services and electricity utilities… They intended to create conducive conditions for large scale chaos and havoc. The police have also found evidence implicating some ex-CUD members released on pardon. With the exception of some three or four of the desperadoes group who are still at large, the police have arrested almost all members of the conspiracy.

Simon in self-congratulatory mode assured the world that “if there had been laxity from the government, there would have been problems.” In any case the “terrorist desperadoes” would not have succeeded, he said, because “our army is in a very good shape based on democratic and constitutional values.”

It is obvious that the regime is undergoing another one of its periodic paroxysms of fear, loathing and total bewilderment. The arrest of these so-called “desperadoes” says more about the regime’s desperation than the occurrence of an imminent assault by a “desperado” outfit. The fact of the matter is that the regime and its leaders are scared of their own political survival: They have nosedived from an acute state of high anxiety into the abyss of terminal paranoia. The signs are unmistakable: arresting and jailing every potential opponent or dissident on trumped up charges, intimidation of opposition leaders, military purges, scapegoating and demonization of imaginary foes, denunciation of alleged worldwide provocateurs and troublemakers, asset seizures of businesses and arrests of merchants, show trials and a campaign of inane propaganda to hoodwink the public and the international community of an impending doom. The steady retrogression of the dictatorial regime into totalitarianism over the past four years demonstrates that they are themselves the modern reincarnation of the frontier desperadoes of the American Old West — violent, vicious, vulgar, thuggish, reckless, rash and hopeless.

The Psychologic of the Regime’s Paranoia:

Fear of Sudden Mass Uprising
The regime’s paranoia can be explained by reference to specific evidence. Their innermost fear is the likelihood of a spontaneous mass uprising. Regime leaders are terrified by the prospect of a sudden popular uprising breaking out and literally consuming them. That is precisely what Simon pointed out when he crystallized his allegations against the 40 “desperadoes” by claiming that they were plotting “to create conducive conditions for large scale chaos and havoc.” He knows all too well that the “conducive conditions” are already present on the ground (no need for “desperadoes” to create it): His regime has made Ethiopia a Prison Nation in a police state; hunger and famine are facts of daily life for the majority of the Ethiopian population; the economy has ground to a halt; the banks have been emptied of cash and gold and there is little money to run the state apparatus; corruption is so endemic and rampant that Ethiopia is listed at the top of failed states; there is widespread dissatisfaction and discontent in the military; there is infighting among different segments of the dictatorship and the entire officialdom is permeated by a lingering malaise of uncertainty and self-doubt; and the regime has become an international pariah universally rejected for its long record of massive human rights violations. They are worried because they know the uprising will not be televised!

Fear of Accountability and Retribution (Dismounting the Tiger)
The regime leaders know they have committed unspeakable crimes against humanity, war crimes and serious crimes punishable under their own criminal laws and constitution. They also know that their regime is a glorified pluto-kleptocracy (government of rich thieves) which has accumulated enormous wealth through rapacious raids on the public treasury and outright theft from ordinary citizens. Of course what is known of their crimes today is merely the tip of the iceberg. It is not difficult to understand that they fear prosecutions at home and by international tribunals should they be dislodged from power. Those at the top are particularly concerned about accountability under the “chain of command” doctrine pursuant to international criminal laws for the terrible crimes they have committed within and without the country. (Under well-established principles of international law, officials in the chain of command who order human rights violations, crimes against humanity and war crimes or who, knowing about it, fail to stop it are criminally responsible.)

The specter of prosecution is undoubtedly worrisome to them. This is evidenced in the fact that the current dictator has been talking philosophically about the need and wisdom of “restorative justice” in his public defense of the war crimes fugitive, Omar al-Bashir. The dictator proposed that al-Bashir’s horrific crimes in Darfur should be resolved within the framework of “restorative justice”. Simply stated, there will be a truth commission; al-Bashir will take public responsibility for his actions and offer heartfelt apologies to the Darfurians; they will get some sort of closure from his admission of guilt and everything else will be forgotten. It is logical to infer that the regime is hoping for precisely the same outcome in the event it is no longer in power: Let bygones be bygones, have a truth commission, go through the motions and forgive them for their monstrous crimes. But to let bygones be bygones would be very wrong. It would be an affront to the very essence of the principle of the rule of law. Justice is served only when the rule of law applies to ALL. In the final analysis, their problem is the same as the proverbial tiger rider’s. They have been riding the Ethiopian tiger for nearly two decades. But one day they know they have to dismount. When they do, they will be looking at the sparkling eyes, gleaming teeth and pointy nails of one big hungry tiger! As Reed Brody, advocacy director of Human Rights Watch, observed, “Times have changed. The days that a tyrant could brutalize his people, pillage the treasury, put his bank account somewhere and then seek exile abroad have ended. What we see now is dictators can hide, but they cannot run.”

Fear of No Future (Institutional Decay and Crises of Leadership)
Fear permeates the ruling dictatorship. The fear factor operates in different ways for the regime. They have used fear to cement their ugly and divisive ethnic politics. By setting one group against another and inspiring distrust and hatred, they have managed to cling to power for so long. But that is changing before their eyes. The façade of political institutions they have created for the various ethnic groups to maintain their control no longer works. Their appeal to ethnic loyalty inspired by fear of what other groups might do to one group no longer holds sway. They are overwhelmingly rejected by every single ethnic group in the country, bar none. The people have come to the obvious realization that the ethnic divides created for them make everyone a loser and winners of only the dictators. This has created an insurmountable problem for the personal rule of the current dictator and his phony coalition of political parties. Personal control of the various groups is becoming increasingly difficult, particularly within the dominant political party. There is unrest among the members of the inner circle and coterie of followers within his own party. This is a source of major vulnerability for the dictator. Since the regime is based on personal rule, if the dictator fails his lieutenants, political allies and appointees, followers, relatives, friends and supporters within and outside the regime will also fall. The bottom line is that his political base will have to make a very tough choice: discipline (oust) the dictator and initiate a process that could produce a potential change of some benefit to them under some other leader from their own group, or prepare to make a deal with others in the opposition. The other alternative is to continue to support the dictator and face the likelihood that they will be big losers when change inevitably comes. For the general population, none of this calculation matters: The increasing repression has brought the political situation to the tipping point.

Fear of Continuing Western Ostracism
Internationally, the regime has a huge problem. Their human rights record and suppression of democratic institutions has brought them into collision with Western governments. Continuing human rights violations, imprisonment of leading opposition leaders, detention of large numbers of political prisoners, the absence of the rule of law, etc., have made them virtual international pariahs. Their biggest fear now is how the West will receive their already-won 2010 elections. It can be said with absolute certainty that there will not be a free and fair election in 2010. The reason is obvious: the regime will never take a chance of being defeated at the polls as it did in 2005.

On the other hand, rigged or “show elections” will not do for the West. Consequently, their elections shenanigans could result in donor sanctions. It will be necessary for the regime to find a way to hoodwink the West into believing that even if the elections are not free and fair, the alternative to their rule will be a total disaster for Ethiopia. Just as they went after the “Al Shabaab” terrorists to save Somalia, they will trot out more “desperadoes” and wild-eyed “terrorists” to convince the West that the country is going to hell in hand basket. They will do whatever it takes to spook the West into accepting the results of a bogus election in 2010, and they will not hesitate to paint a picture of chaos and anarchy that is too awful to contemplate. We will predict that as the election date draws near, they will manufacture political instability in the country, ratchet up the intimidation and violence and parade before the international media an endless gallery of “desperadoes”, “terrorists”, “insurgents”, “agitators” and others to justify free and fair elections can not be held in Ethiopia in 2010. By the same token, we will predict that the iconic political prisoner, Birtukan Midekssa, will be used by the regime as a pawn, bargaining chip, to mitigate any Western sanctions resulting from a rigged 2010 election. It will not work. (Long Live Birtukan Midekssa!)

The fact of the matter is that the regime leaders do not seem to have realized that the world around them has changed, and they have not. Obama is not Bush, and they will find out that it is futile to bait Obama on the “terrorism” rubbish they have so successfully used on Bush. Obama has articulated his “best” position on the future direction of U.S. foreign policy:

I feel very strongly that when we are at our best, the United States represents a set of universal values and ideals — the idea of democratic practices, the idea of freedom of speech and religion, the idea of a civil society where people are free to pursue their dreams and not be imposed upon constantly by their government. So we’ve got a set of ideas that I think have broad applicability. But what I also believe is that other countries have different cultures, different perspectives, and are coming out of different histories, and that we do our best to promote our ideals and our values by our example.

Neither the EU nor the donor European countries will buy the regime’s lame arguments for rigged elections and continuing human rights abuses. The bottom line is that the regime can fool some of the Western countries all of the time, and all of the Westerns countries some of the time. But it can not fool all of them all of the time.

The Self-Delusion of Dictatorships

One of the common traits of all dictators is the display of arrogant self-confidence which completely blinds them to reason. Anyone with the critical thinking skills of a Philippine Tarsier (world’s smallest primate) would find the allegation of a 40-person “desperado insurrection” ludicrous and absurd. No reasonable person could believe that even real desperadoes (who in the Old West were considered to be full-time drunk outlaws) would attempt an overthrow of a regime which spends a better part of its state budget on its military and security forces. But because dictators often spend so much time in a bubble, they are unable to distinguish reality from fantasy. They become surrounded by ‘yes’ men who tell them only what they want to hear, and live comfortably in a state of denial. Consider Mugabe. A trillion dollar note to buy a loaf of bread made perfect sense to him. For Saddam Hussien, an electoral victory by 99.9 per cent of the voters made sense. For Slobodan Milosovic, the ethnic cleansing of over 200 thousand Muslims in Kosovo made perfect sense. Chanting the mantra of a made-up 12 per cent economic growth as proof of runaway economic development when a quarter of the population is facing starvation and the rest can barely eke out an existence also makes perfect sense if you live in a bubble. But the idea that 40 “desperadoes” could overthrow a regime with a massive security apparatus and an “army that is in good shape” is so idiotic it does not make sense! To believe in the regime’s theory of a “desperado” coup is to suspend belief in reality and completely abandon logic.

It is in the nature of dictatorships to demonstrate omnipotence over their victims and make their victims feel helpless. Simon was casually suggesting his omnipotence and describing the helplessness of his victims when he declared “our army is in good shape”. Dictatorships work tirelessly to spread defeatism, dissension and division among their opposition. But they are not as omnipotent as they project themselves to be. Undoubtedly, their true strength lies in the inability of their opponents to create a united front in the defense of the cause of freedom, democracy and human rights.

Our Fear: Are We Ready for Post-Dictatorship?

We must understand that removing a brutal dictator or a one-party dictatorship does not a stable democracy make. A study of the history of the rise and fall of dictatorships from Albania to Zimbabwe over the past two decades shows the immense difficulties in institutionalizing democracy in the aftermath of a dictatorship. In the Ethiopian case, the ethnic, religious, linguistic and regional divisions created and nurtured by the current dictators will present massive challenges in a post-dictatorship society. This combined with the enormous social and economic problems facing the country will present challenges unlike any the country has faced in modern times. That is why it is absolutely necessary to maintain serious dialogue and consultation among all pro-democracy Ethiopians on the fate of post-dictatorship Ethiopia. We should not be terribly concerned about the fall of this or any other dictatorship. As Gandhi said, “I remember that all through history, the way of truth and love has always won. There have been tyrants and murderers, and for a time they seem invincible, but in the end, they always fall. Think of it, always.” So the question written for us on the mirror is: “What do we do when the dictatorship falls?” Think of it: “What do we do when the dictatorship falls?”

Message in a Bottle

By Alemayehu G. Mariam

Patriots and Tyrants

Dr. Hailu Araya: Ethiopian patriot. Political prisoner. Educator. Poet. I am not writing to talk about Dr. Hailu, the Ethiopian patriot, the man who gave the brutal former military dictator Mengistu Haile Mariam a passionate six-minute discourse on democracy, freedom and human rights 18 years ago to the month.[1] Who would forget that historic showdown between the patriot and the tyrant. Thus spoke Dr. Hailu [2]:

First because I am an intellectual, second because I am a people’s representative in the Shengo, and third because I am an educator, I have to speak the truth. Truth even if it may lead to death has to be uttered … Before we even discussed the merits of professor Mesfin’s peace formula [3], you went into a vitriolic attack … We cannot accept this kind of behavior any more because Ethiopian problems are our own problems, not only yours!… Why is it that you [President Mengistu] are always under the impression that you are the only one who can analyze and solve Ethiopia’s problems? Ethiopia’s intractable problems cannot be solved through your uncontrolled tirade and shouting!… You cannot solve problems by ignoring other people’s opinion. You have time and again hinted at the idea that your officials should gather courage and swallow the quinine [tablet] of self-criticism; Why is it that you are the only one who is immune to it?… Why do you put us under terror? Why do you gag us?

Dr. Hailu did not stop there; he also gave Mengistu a sermon on citizenship and patriotism (love of country). “A country is not just the mountains, the fields and the rivers,” he counseled the pitiful dictator. “A country is also about the rule of law and justice.” Mengistu squirmed and wiggled in his seat as though he had ants in his pants; and he pivoted his neck sharply to the left to hide his anger and shame. He had been paralyzed by Dr Hailu’s sheer audacity. In apparent despair and resignation, Mengistu tried to mask his face with the palm of his right hand as Dr. Hailu rained down a torrent of truth-darts on his granite-clad conscience. That day Mengistu was forced to swallow the truth, the whole truth and nothing but the truth: “It is not that the people and the government are not connecting heart to heart,” Dr. Hailu reminded the smug dictator. The fact “is that the people and the government have become belly and back (hode-na-jerba).”

Like all true patriots, Dr. Hailu was not interested in quibbling with a petty dictator glory-bound to oblivion and the dustbin of history. No, his concern was the future well-being of his people and his country; and of that he spoke prophetically to the craven dictator:

“The only way we can defeat our enemies is when we are all of the same heart and mind. It is only when we create a united front that we can stand up to our enemies, and never by beating around the bush. But we seem to be having difficulty accepting this simple fact. We have to strengthen our unity. That is what I want. To achieve that, I am not going to do it with only one eye open. I will do it with both eyes open and a clear and open mind. That is how we will be assured of a lasting victory.”

He summed it all up for Mengistu: “We have to find the solutions to our problems together, collectively, concertedly.”

I will say just a few words about Dr. Hailu the political prisoner who was illegally jailed along with dozens of other patriotic and courageous opposition and civic society leaders, journalists and human rights advocates by the current dictator. Dr. Hailu is not the kind of patriot who will bow down to any tyrant or dictator, even if one is called Tweedle Dee and the other Tweedle Dum. For him, dictatorship has no ethnicity, no religion and no language. It has only one face painted in the bloody colors of cruelty, barbarity and depravity. So when the current dictator jailed him and his brothers and sisters in Kality prison, he knew they had committed no crime, but courageously, all of them endured the hard time. True to himself, to this day Dr. Hailu preaches the same message even as he gasps for air, his neck crushed to the ground under the heavy boots of a wicked dictator: “We have to find the solutions to our problems together, collectively, concertedly!”

Patriot and Poet

I do want to talk about Dr. Hailu the patriot-poet, the man driven to tell the truth in verse; the man condemned by his own conscience to stand up and speak out for his country and people: “First because I am an intellectual, second because I am a people’s representative in the Shengo, and third because I am an educator, I have to speak the truth.” I want to talk about the man who bared the innermost “sickness in his soul” — that he could never leave his country, only love it. Who can forget his expression of lonely despair and anguish in his poem “Yager Fikir Likift” [4] (roughly translated below, begging forgiveness for being unable to do justice to the original)? In the last verse, he wrote:

When the young leave their country because life had become sheer misery,
When the old leave their country because life had become intolerable,
When the educated go into exile because life had become so harsh,
When ordinary citizens are unable to live in the land of their birth,
When everyone is talking about leaving and going away (never to return),
I remain a prisoner of a voice in my soul that commands me:
“Don’t even think about leaving!”

To be sure, I want to talk about a poem Dr. Hailu recently read in Amharic entitled (roughly translated) “Don’t Be Like the Billowing the Smoke”[5]. I took that poem personally. Very personally. I read it dozens of times. I set it aside. I ignored it. I tried to forget it. But the words kept on echoing in my mind: “Educated. Teacher. Light. Hope. Smoke.” It kept me awake at night. In the end, I gave up; and I picked up my pen hesitantly to try and unlock the conscience-gnawing message bottled up in that verse.

Don’t Be Like the Billowing Smoke!

You educated citizen,
Your country’s wealth, your country’s honor,
Your people’s hope,
Your people’s teacher.
Stand up and be counted.
Demonstrate your knowledge
Illuminate, give light.
Don’t be like the billowing smoke.

“What is the meaning — the message — of this verse?” I pondered. Is Dr. Hailu ringing an alarm bell to wake up “educated” Ethiopians? Or is he despairing over the melancholic state of “educated” Ethiopians who have taken the vow of silence in the face of injustice? Is he accusing his brothers and sisters who claim to be educated of moral indifference and cowardice? Perhaps he is pleading for help. I dug deeper: Could it be that he sees us as a swarm of self-centered, self-aggrandizing and self-indulgent hypocrites? And as to some of us in exile, could it be that he thinks of us as the prodigal sons and daughters who ran off to distant lands and wasted our lives “in riotous living” while our people suffered under tyranny? Is it possible that he is challenging us to rise above our pettiness and do right by our people and country? Why does he insist that we “stand up and counted”? Are we that invisible? Have we been so waterlogged by “education” that he thinks we have no fire in our bellies, and must be cautioned not to be like the billowing smoke? Why is he holding our feet to the fire?

Where There is Smoke, There is Fire, and Firefighters Not Far Behind

There is no point scrutinizing the verse. We all know what he is talking about. Some of us who claim to be “educated” have already been convicted in the court of our individual consciences. There is no need for a defense to the caustic message bottled in velvety verse. No doubt, some of us will continue to wallow in our mucky lakes of moral relativism: “I am a scientist, a businessman, a doctor, a lawyer, an engineer… I can not get involved.” Some of us will circle the wagons around our personal interests: “No, we can’t get involved. We have houses, bank accounts, businesses, relatives… in Ethiopia.” Others will seek moral remission: “I really want to get involved, help out. But I just don’t have time. I am busy. I have family responsibilities. I have professional obligations…” Then there are the perennial excuse-mongers: “I will be happy to help out. But not today because it is sunny. Not tomorrow, it will be raining; and the day after it will be windy. But I will get involved.” And there are a few who are brutally honest enough to tell you: “Frankly, my dear, I don’t give a damn about your cause or you!”

But Dr. Hailu is not asking for much from his “educated” brothers and sisters. His message is not condemnatory; it is redemptive. When he says “stand up and be counted”, he means to remind us to use our knowledge and education to speak out against tyranny and injustice. He wants us to stand up and be counted on the side of the uneducated masses, political prisoners, dissidents, human rights advocates, and the millions muzzled and condemned to suffer oppression in silence. He wants us to stand up for free elections, free political parties, a free and independent media and an independent judiciary in Ethiopia. There is no hidden meaning in his message.

When he is asking us to “demonstrate our knowledge”, he is reminding us to put our education, technical skills and specialized experience to help out our people. When he says, “illuminate, give light”, he is asking us to share our knowledge with our less fortunate brothers and sisters, to teach and to educate them. He understands that our people are victimized not only by the tyranny of a wicked dictator, but also by the tyranny of ignorance. He is asking us to fight the forces of darkness with the light of truth. As the Rev. Dr. Martin L. King said, “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.” We can be, if we choose, the forces of light and love, and drive out darkness permanently from our homeland.

It is never too late to stand up and be counted; never too late to shine the light of hope on the darkness of despair. It is never wrong to do the right thing. It is always the right time to stand up and speak out against tyranny and injustice. It is always right to right a wrong.

Perhaps many of us will never be able to experience the blazing fire of love of Ethiopia burning deep in Dr. Hailu’s soul. Whenever I read his poem “Yager Fikir Likift”, I am moved to tears by the image of a man on fire, burning in the flames of love of his country. But he knows there are armies of arsonists that have spread out through our homeland to stoke up the wildfires of ethnic and religious hatred, division and antagonism just to cling to power. That is why we, the “educated”, can not afford to watch idly from the sidelines and armchairs the billowing smoke. We must become firefighters.

So, I say to Dr. Hailu, “Thank you for holding our feet to the fire; for putting us, the “educated” Ethiopians, on trial in the court of our individual consciences.” I want you to know that where there is smoke, there is fire; and where there is fire, firefighters will not be far behind. We’ll fight the fire wherever it is sparked, but we will not be like the billowing smoke! Let others tell fairy tales about goblins, unicorns and coups d’etat; let them fantasize fire-breathing dragons, vampires and conspiracies to overthrow the state. You keep on blowing your trumpet of truth, brother! “We have to find the solutions to our problems together, collectively, concertedly.” We hear your sweet lyrics and melodies and notes of harmony, LOUD AND CLEAR!!

[1] http://www.youtube.com/watch?v=GuweGoV10Os&mode=related&search (move clip to 3:30 seconds)
[2] http://www.gadaa.com/mengistuCriminal.html
[3] http://www.mesfinwoldemariam.com/docs/MWM_EthiopianStudies_1991.pdf
[4] http://www.ethiopolitics.com/Poems/poemDrHailu.html
[5] http://addisvoice.com/amh/bogbel.pdf

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The writer, Alemayehu G. Mariam, is a professor of political science at California State University, San Bernardino, and an attorney based in Los Angeles. For comments, he can be reached at [email protected]