Most locations are just bland places. There is not much variation in the topography. Look at Google satellite map of Africa and you will see what I mean. Endless flat land, a stretch of desert, an occasional river or a few hills is the norm. Our Ethiopia is different. In the North we have the Semen Mountains rearing high as if trying to reach heaven. With their rugged nature and sharp escarpments they kept us safe for centuries. They were our natural defense. The North is keeper of our old history. With its exotic monasteries, ancient obelisks it is here Jesus walked and Mohamed (may Allah’s blessings and peace be upon him) sent his family for safety.
In the East our low lands are as fierce as the warriors they give birth to. There is no place lower than Afar depression on mother Earth. Loo and behold today it is considered the birthplace of the Human race. It is here mankind is thought to have become bipedal.
The West is where the mighty Nile flows with our water and soil to nurture that other civilization in the land of the Pharos and the great pyramids. It is also home to the famous tropical forests of Gambella and every animal life one can think of. With its lush landscape and colorful people this is where man feels one with nature.
The South is where God took his sweet time to create paradise. Who would deny that after visiting the Rift Valley? The lakes of Langano, Shala and Hawasa, the caves of Wolayeta, the natural splendor of Arba Minch, the hot springs of Wondo Genet make a grownup cry with joy. Our creator blessed us with beauty and wealth when he made our home.
The South is also where God’s curse has befallen us for all our sins. He sent us Meles Zenawi to teach us the price of vanity. I am really sorry to write in such a way in this week of Easter. But truth has to be told. Meles Zenawi is a curse on the land of the Habeshas. Such venomous hate one might say. I believe I am entitled to that. For twenty years the regime has rained death and destruction on our land and people. I am not imaging it. All what I say is verifiable fact and recorded history. Spare me your tolerance and indignation please. You wouldn’t think that if you stand in the shoes of the discarded and displaced.
You see my friend our TPLF leaders grew up isolated and alone in their little hamlets up north. There was no diversity. To Adwa and vicinity as Gertrude Stein will say ‘there is no there, there.’ That is why when they conquered our country they did not know what to do with the South. The diversity confounded our warriors. They know that they hated the Amhara, they loathed the Oromo, they were not really concerned about the Afar, the Gambellan, or the Somali but the South was a foreign land to our northern warriors. That is why when they created the Bantustans they lumped all the Southerners into one big bowl and named it ‘Southern Nations, Nationalities and People’s Region.’ What a defangled name is what comes to mind when you hear this twisted designation.
The South is where TPLF asserted total control unlike in the other Bantustans. The South is where Meles Zenawi exercises his renowned divide and rule principles as an art. TPLF arrived with ready-made political Parties for every Bantustan they created. Local faces were chosen from the prisoners of war they have acquired during their struggle. The puppets were already versed in accepting their TPLF masters as the final word on any and all issues. Thus all the local boys were assigned a baby sitter or a minder from Adwa. The South has Abate Kisho a Sidama with Bitew Belay as the real power. Corporal Kuma Demeksa of Oromia was taken under the wing of Solomon Tsimo and Hilawi Yesuf lorded it over Addisu Legesse in the Amhara Bantustan.
Abate Kisho was a simple sports teacher from the town of Leku near Yirgalem. He was not at all ready for prime time and it showed. He even has the audacity to side with one faction over the other during the TPLF drama. It was pathetic to see Meles haul his ass to jail with some trumped up charge. The current Foreign Minster replaced him as the new toy. By 2001 the Sidama people were becoming hip to this patronizing practice and demanded a certain amount of autonomy or self-administration as granted by the Constitution. Meles replied with tough love and sent his Agazi forces to teach them a lesson. Even the US State Department noted this wanton murder of unarmed protesters in Hawasa. Melese Marimo the vice president and perpetrator of this crime was rewarded for his ordering of the massacre by being sent to South Africa as an Ambassador, of course with the First Secretary a TPLF cadre in charge. That is the normal operating procedure in all the Embassies.
The issue percolated and during the election of 2005 the Southerners answered by siding with CUD (Kinijit) and were able to trounce the regime’s candidates. In 2006 Meles convened a meeting in Hawasa and was able to mollify the locals with some bizarre actions. The renaming of ‘Southern University’ to ‘Hawasa University’ was seen as a triumph of Sidama assertiveness. The current puppet Shiferaw Shigute was crowned as the new face of Southern independence. Abate Kisho was released from Federal prison and sent back home poor but alive and a good symbol of what could happen when natives fill their head with funny notion of being equal.
Of course the raping and pillage of the south continued unabated. There was no stone left unturned to cultivate animosity between the different tribes and keep them at each others throat. The Sidamas were made to compete with the Wolaitas, the Siltes were divorced from the Gurages, and the Konsos were made to envy the Derasas etc. etc. The cadres encouraged turmoil and civil war. As in the rest of our country Southern Ethiopia was full of drama with the TPLF active in every village fanning the hate flame.
Ethiopianess was discouraged while allegiance to tribe was glorified. Meles and company have done their homework in how to create havoc on our country while in their caves. They did not dream of building hospitals, schools or factories but were busy drawing maps, creating language barriers and perfecting the Kilil concept. The South was their dream come true. Our common language was their first casualty. It was deemed inappropriate. Trained teachers were sent away to their respective Bantustans and the English alphabet became the language of the schools in Sidama. Without adequate preparation, without trained teachers, without books available the Southern children were left to fend for themselves. It was sad to witness a simple application that has to be written in one language to be translated to another when it reaches Hawasa the capital city. The South was made unable to communicate within its own Bantustan. It was a crime. The TPLF party was the orchestrator of such tragedy.
Shiferaw Shigute is the Frankenstein monster Meles created. He is the son of Meles Zenawi. Like his parent he is devoid of empathy and proud of his betrayal of his people. Look at him closely and you will see Meles – indifferent, arrogant and know it all. From his expensive Savile raw suit with matching ties to his air of superiority he is the kind that makes his maker proud. When his own Party found him guilty of abuse of power and voted to oust him, our fearless step child thumbed his nose at the assembly and said “I did not do this alone, we shared the money with the wife of the Prime Minister, Mrs. Azeb Mesfin. If we are going to be accountable, we should both judged by the law. If we have to return the Birr, we both have to return it” and stormed out of the meeting. His stepfather reversed the decision of the assembly. Like father like son! It is Shiferaw Shigute practicing ethnic cleansing today or rather it is Meles Zenawi using his toy boy that is displacing our people. It is the concept of Kilil coming home to roost.
Why am I going thru all this recounting our ugly history is a valid question? It is because the past is important to avoid making the same mistakes again. We learn so we don’t repeat that which has not worked. I am not obsessing about the things that we cannot control but rather I am hoping we learn from it so we can focus on tomorrow where we have the power to build a better Ethiopia. The do’s and don’ts of today are based on the lesson from the success and failures of yesterday.
Thus we learn from human history to see what works and what to avoid. The quest for liberation and a building a better Ethiopia for all will be accomplished if based on that principle. Each and every one of us is the building stone for it to succeed. Some folks were upset because I criticized a few physicians for their enabling activity regarding building a ‘referral hospital’ in our country. People feel upset when asked to boycott Ethiopian Airlines or avoid drinking Woyane beer. We advocate such action not out of hate but precisely because such form of ‘peaceful resistance’ have proven to work. There was a time when the West led by Britain and the US tried to justify their investment in South Africa by claiming they were creating jobs for the poor African masses. It was not true. They were realizing huge profit from slave labor.
What did Black South African say about that? Steven Biko, the charismatic young leader wrote ‘those who professed to worry over Blacks suffering if the economy deteriorated had missed the point. We’re already suffering’ He often reminded us ‘those who live in constant fear of being shot, beaten, or detained without charge, for those whose children already live in abject poverty and near starvation, an economic downturn is not the major area of concern.’ Nobel Laureate Albert Lutuli, president of the African National Congress in one of his speeches said:
“The economic boycott of South Africa will entail undoubted hardship for African. We do not doubt that. But if it is a method which shortens the day of bloodshed, the suffering to us will be a price we are willing to pay.”
We are not saying anything different. Your investment in Meles’s land scheme, your patronizing Meles’s Airlines, your partying in Alamudi’s hotels, your support of the so-called hospital is hurting our people. No need to qualify it with good and bad investment, it all goes to the same pot.
As some of us are preparing to celebrate Easter let us not forget what it really means. Easter is Jesus Christ’s victory over death. It is a time of renewal and rebirth. Let us work for the rebirth of our glorious history. Let us resurrect the spirit of our forefathers that stood united and were able to hand us a proud history. Our love for each other our tolerance of the little imperfections in each of us is what our country needs in this time of hopelessness and apathy. Happy Easter.
Top PEN Prize to Honor Eskinder Nega, Jailed Ethiopian Journalist and Blogger
Leading Free Expression Advocate on Trial for Terrorism
New York City, April 12, 2012—PEN American Center today named Eskinder Nega, a journalist and dissident blogger in Ethiopia, as the recipient of its 2012 PEN/Barbara Goldsmith Freedom to Write Award. Nega, a leading advocate for press freedom and freedom of expression in Ethiopia, was arrested on September 14, 2011, and is currently being tried under the country’s sweeping anti-terror legislation, which criminalizes any reporting deemed to “encourage” or “provide moral support” to groups and causes which the government considers to be “terrorist.” He could face the death penalty if convicted.
The award, which honors international writers who have been persecuted or imprisoned for exercising or defending the right to freedom of expression, will be presented at PEN’s Annual Gala on May 1, 2012, at the American Museum of Natural History in New York City.
“The Ethiopian writer Eskinder Nega is that bravest and most admirable of writers, one who picked up his pen to write things that he knew would surely put him at grave risk,” said Peter Godwin, president of PEN American Center. “Yet he did so nonetheless. And indeed he fell victim to exactly the measures he was highlighting, Ethiopia’s draconian ‘’anti terrorism’ laws that criminalize critical commentary. This is at least the seventh time that the government of Meles Zenawi has detained Eskinder Nega in an effort to muzzle him. Yet Nega has continued his spirited pursuit of freedom of expression. Such humbling courage makes Nega a hugely deserving recipient of the PEN/Barbara Goldsmith Freedom to Write Award.”
Eskinder Nega has been publishing articles critical of the government since 1993, when he opened his first newspaper, Ethiopis, which was soon shut down by authorities. He was the general manager of Serkalem Publishing House, which published the newspapers Asqual, Satenaw, and Menelik, all of which are now banned in Ethiopia. He has also been a columnist for the monthly magazine Change and for the U.S.-based news forum EthioMedia, which are also banned. He has been detained at least seven times under Prime Minister Meles Zenawi, including in 2005, when he and his journalist wife Serkalem Fasil were imprisoned for 17 months on treason charges for their critical reporting on the government’s violent crackdown of protests following disputed elections, and briefly in February 2011 for “attempts to incite Egyptian and Tunisian-like protests in Ethiopia” after he published articles on the Arab Spring. Their newspapers have been shut down and Nega has been denied a license to practice journalism since 2005, yet he has continued to publish columns critical of the government’s human rights record and calling for an end to political repression and corruption.
Nega was again arrested on September 14, 2011, after he published a column questioning the government’s claim that a number of journalists it had detained were suspected terrorists, and for criticizing the arrest of well-known Ethiopian actor and government critic Debebe Eshetu on terror charges earlier that week. Shortly after his arrest, Nega was charged with affiliation with the banned political party Ginbot 7, which the Ethiopian government considers a terrorist organization. On November 10, Nega was charged and further accused of plotting with and receiving weapons and explosives from neighboring Eritrea to carry out terrorist attacks in Ethiopia. State television portrayed Nega and other political prisoners as “spies for foreign forces.” He is currently being held in Maekelawi Prison in Addis Ababa, where detainees are reportedly often ill-treated and tortured.
PEN, Human Rights Watch, the Committee to Protect Journalists, and many other international organizations have long been concerned about Ethiopia’s use of anti-terrorism legislation to justify the jailing of journalists and members of the political opposition. Eskinder Nega’s trial on charges under the 2009 Anti-Terrorism Proclamation, which covers the “planning preparation, conspiracy, incitement, and attempt” of terrorist acts, illustrates this trend. During his trial, which opened on March 6, 2012, the prosecution has presented evidence that consisted of nearly inaudible recordings of telephone conversations and other comments and a video of a town hall meeting in which Nega discusses the differences between Arab countries and Ethiopia. Nega took the stand on March 28 and denied all charges against him, saying he has never conspired to overthrow the government through violence and admitting only to reporting on the Arab Spring and speculating on whether a similar movement could take place in Ethiopia. Serkalem Fasil, who was the recipient of the 2007 Courage in Journalism Award from the International Women’s Media Foundation, maintained that her husband is “a journalist, not a member of a political party.”
In announcing the award today in New York, Freedom to Write Program Director Larry Siems praised Eskinder Nega’s “courageous use of the written word to advocate on behalf of his fellow journalists and citizens.”
“Nega’s critiques of the Zenawi government go back two decades, and in recent years he has written fearlessly about the need for peaceful democratic transition and about the fate of other journalists unjustly silenced under the pretense of fighting terrorism,” Siems said. “Now as he faces the same fate, in no small part because he spoke out on their behalf, he continues to press for freedom of expression from behind bars. He is truly an extraordinary individual and we are proud to be able to award him this honor.”
Siems joined Godwin in urging the Obama administration to press Ethiopian authorities to halt the use of anti-terror legislation to target journalists for their legitimate work and release Eskinder Nega, one of the most visible symbols of the Ethiopian government’s persistent press freedom violations, and all other journalists jailed under national security laws in violation of their right to freedom of expression.
Writer, historian and PEN Member Barbara Goldsmith underwrites the PEN/Barbara Goldsmith Freedom to Write Award. This is the 26th year the award has honored an international literary figure who has been persecuted or imprisoned for exercising or defending the right to freedom of expression. Candidates are nominated by PEN International and any of its 145 constituent PEN centers around the world, and screened by PEN American Center and an Advisory Board comprising some of the most distinguished experts in the field. The Advisory Board for the PEN/Barbara Goldsmith Freedom to Write Award includes Carroll Bogert, Deputy Executive Director for External Relations at Human Rights Watch; Vartan Gregorian, President of the Carnegie Corporation; Joanne Leedom-Ackerman, International Vice President of PEN International and PEN American Center Trustee; Aryeh Neier, former president of the Open Society Foundation; and Joel Simon, Executive Director of the Committee to Protect Journalists.
The Freedom to Write Award is an extension of PEN’s year-round advocacy on behalf of the more than 900 writers and journalists who are currently threatened or in prison. Forty-six women and men have received the award since 1987; 33 of the 37 honorees who were in prison at the time they were honored were subsequently released.
PEN American Center is the largest of the 145 centers of PEN International, the world’s oldest human rights organization and the oldest international literary organization. The Freedom to Write Program of PEN American Center works to protect the freedom of the written word wherever it is imperiled. It defends writers and journalists from all over the world who are imprisoned, threatened, persecuted, or attacked in the course of carrying out their profession. For more information on PEN’s work, please visit www.pen.org
On November 11, 2011, Yenesew Gebre was driven to kill himself on behalf of all suffering Ethiopians. He killed himself out of love for his people and country. He made the ultimate sacrifice to wake us up so we can see what it means to be humiliated in your own home. Love can be expressed in so many different ways. Yenesew’s method was that of a teacher. That is what he was in real life. Yenesew was a shepherd and an example-setter to his people.
On March 24, 2012 Ethiopian Review reported about exiled Ethiopian physicians holding a meeting in Virginia, USA, to raise money to invest in a referral hospital in Ethiopia. A very {www:laudable} act you might say. They must love their country and people so much that even after being kicked out, exiled or driven off from their homeland they were willing to help. Isn’t that a sign of generosity and love? I agree. There is nothing like giving. Aren’t we such a blessed people to have caring individuals among us?
Wait a minute, let us not put the cart in front of the horse please. Everything has a {www:context}, otherwise it is meaningless. Our physicians ‘love’ for country has to be put in its context so we can really understand and appreciate their ‘selfless’ act. This is where the problem rears its head. They say the devil is in the details and it is nowhere true than in this instance. Our physician’s act is nothing more than a cheap trick to pad their bank account while looking selfless and honorable. Their act is that of a {www:charlatan}. They are trying to get advantage using deception. It is petty theft and nothing more than the act of a common criminal.
How sad coming from people of such high knowledge that have taken the oath to do good. Well they are Ethiopians aren’t they; the rules don’t work in the land of TPLF Ethiopia. Being a physician is a sign of high achievement. It requires sacrifice, dedication and plenty of work. It is an honorable profession. Doctors are held in high esteem and it is every mother’s dream for her baby. They teach you how to cure the sick in medical school. They make you a technician of the human body. The engineer build bridges, the architect designs house, the mechanic fixes engines, the chauffeur drives a car, the physician cures disease, the politician leads and the shoeshine cleans shoes. All are expert in their field. It is the contribution of each that makes a society work in harmony.
We put physicians on a {www:pedestal}. We ascribe a certain amount of higher intelligence to the doctor. That is more so in a backward society like ours. It is not healthy. We confuse education with common sense. One might be trained to be nuclear scientist but the possibility is there that the individual might be void of common sense or social grace. Those that have spent a major portion of their life pursuing a single goal can sometimes loose sight of the bigger picture.
When it comes to our learned compatriots we are dealing with two aspects of this myopic situation. There are some that are truly attracted to do good and help their people. At he same time there are those that will betray their people for thirty pieces. Isn’t that the situation we got here?
That is what I believe. In a country where one man surrounded with his ethnic group and lords it over eighty million others, in a place where one is judged by his blood line instead of his deeds, in a location where no none is allowed to speak or associate freely and in a land where the young and able are forced to leave due to lack of opportunity our esteemed doctors are collecting money to enable the evil doer.
None other than Ato Girma Birru — our Oromo Ambassador, called them into a meeting. I know it is rude to identify an individual by his ethnic affiliation, on the other hand, Ato Girma owes his position due to his ethnic identity. He was the token OPDO Minster in the TPLF cabinet and today he is the token representative in the US. Before his assignment to his new job he was Minster of Industry and Commerce in emerging democratic Ethiopia. Makes you wonder what he did all day doesn’t it? When you consider that he was a simple student like the rest of us before the arrival of TPLF and today he counts as one of the richest individuals in the country you know what he was busy at in his position. The well-dressed and manicured Ambassador is a picture of well-fed and modern Ethiopian.
Our physicians are the symptom of the disease afflicting our country. We focus on them because they are an easy target to identify. But this disease of discounting Ethiopia is nothing new. It has been going on for so long that it has become part of us. We all have become numb to being humiliated, trampled upon and discarded. No need to point our fingers at the greedy doctors when every house is a source of this virus of selfishness and greed. I do not mean to insult you my dear Ethiopian but isn’t time we reflect on our actions?
Tell me who buys stolen plots of land? Who flies Ethiopian Airlines? Who party’s in Addis among the starving? Who invests in hotels and brothels from Mekele to Moyale? Who turns a blind eye when the Anuaks are massacred in Gambella, the Amharas displaced from Benji Maji, the Oromos imprisoned in mass, the little girls sold into slavery in the Middle East? Don’t tell me you did not know. You knew but you choose to keep silent.
We choose to be upset because Hillary Clinton sat with the monster in Arat Kilo. We seethed with anger because the little dictator inserts himself in every international meeting, we blow our tops when Gambella is leased to grow rice, Professor Asrat was murdered, teacher Assefa Maru is gunned down, Kinijit is imprisoned and elections are stolen. It took all five minutes to cool as down. Our anger was not real. It did not come from deep. Surface anger is so pathetic don’t you think so?
Our esteemed physicians came to the west because they could not serve the people that paid for their training working under the existing regime. Unfortunately they forget why they were driven away. They are just showing us how self-centered and idiots they are. Doctors without borders are in Ogaden tending to the deliberately starved, they are in the rift valley helping the intentionally marginalized and our doctors were assembled in Virginia to serve the less than one percent. Shame is an understatement. When did we loose our moral compass is a valid question?
You know what it took me along time to push send after I wrote this piece. I was worried offending you. I felt like I am not a good ‘chewa’ Ethiopian, rude and confrontational is not our style. Then the picture of the displaced came to me. I saw the children from Benji Maji left to be homeless. I remembered my sister Alem Dechasa alone and helpless in Lebanon. I thought of my people in the jungles of Central Africa to be eaten by wild animals or drawn into harms way in other peoples’ conflict or imprisoned in Yemen and I said enough is enough. I have no reason to please no one.
I have bad news for you my people. Freedom cannot be outsourced. The Americans, the British nor the Norwegians are going to liberate you. Liberation comes from deep inside. It comes from being true to your self. It comes from caring for other as you care for yourself. How could you save others when you are sinking your self? As for our physicians that are deluding themselves about helping our people I have one message for them-kindly shove your PhD’s where the sun does not shine and take two aspirins for the pain. The physical pain will go away but the mental anguish caused by your betrayal will never leave you, ever.
As for me my friends, I am working overtime to bring this nightmare to an end. I support Ginbot 7, I am energized by the new OLF, I help ESAT and I am always there to expose Woyanne atrocities every chance I get. I teach people on the goings in my homeland. I write my Congress representative to remind them of the plight of my people and I will never rest until this cancer is wiped out from my body politic. Sometimes the going gets rough, the road seems impassable but no one promised me a jolly ride. The fact that some individuals or groups betray our trust is no reason to resign and go home. I just reengineer and thrust on because the liberation of my country and people cannot be dumped onto others. What about you are you just complaining insistently, blaming others or are you becoming part of the problem like our educated but reality challenged physicians? It is a choice you have to make.
UN urges Lebanon to investigate Ethiopian maid’s death
By the BBC
The UN special rapporteur on slavery has urged the Lebanese government to carry out a full investigation into the death of an Ethiopian domestic worker.
Alem Dechasa, 33, killed herself on 14 March, a few days after she was filmed being beaten by men and dragged into a car in the Lebanese capital, Beirut.
Gulnara Shahinian said the “cruel” images reminded her of the many migrant workers she met in Lebanon last year.
She urged the country to uncover the truth about such rights violations.
Last month, eight civil society groups called on the Lebanese authorities to reform restrictive visa regulations and adopt a labour law on domestic work to address high levels of abuse and deaths among migrant workers.
As she tries to resist, he and another man drag her into a car.
LBCI later identified the man beating her as the brother of the head of the recruiting agency that brought her to Lebanon.
He alleged that his brother’s agency had been trying to return her to Ethiopia because she had mental health problems.
Police later found Ms Alem and took her to a detention centre.
Following a request by the Caritas Lebanon Migrant Center, they transferred her to the Deir al-Saleeb psychiatric hospital two days later, but did not arrest those alleged to have carried out the beatings.
Ms Alem killed herself at the hospital on the morning of 14 March.
After the beating video was circulated, the labour and justice ministries began investigations, but their outcomes have not been made public.
On Tuesday, Ms Shahinian issued a statement strongly urging the Lebanese authorities to investigate the circumstances leading to Ms Alem’s death and make public their findings.
“There are a number of reports circulating about the human rights violations Alem Dechasa experienced as a migrant domestic worker in Lebanon and the facts surrounding her death,” she said.
“States are under an obligation to ensure the realisation of the right to truth about violations in order to end impunity and promote and protect human rights and provide redress to victims and their families.”
Last week in the Ethiopian capital, Addis Ababa, while Prime Minister Meles Zenawi was making a speech about Africa’s growth potential at an African Union forum, a journalist who his administration has locked away since September on {www:bogus} terrorism charges was presenting his defense before a judge. Eskinder Nega has been one of the most outspoken critics of Meles’ domestic leadership over the past two decades and has suffered imprisonment, intimidation, and censorship for it… [read more]
Rule of Law, Rule by Law, Rule by Unjust Law,Rule by Man
All of the weekly commentaries I have written over the years have been structured on a single fundamental principle: the rule of law. What is it? How does it configure in Ethiopia’s transition from dictatorship to democracy?
The phrase “rule of law” is somewhat vague and much overused by scholars and advocates, and casually thrown around in general political conversation. The phrase is so popular that even dictators swear by it. In October 2011, Meles Zenawi told Aftenposten (Norway’s largest paper): “We have reached a very advanced stage of rule of law and respect for human rights. Fundamentally, this is a country where democratic rights of people are respected.” (Ahem!!!)
For lawyers, “rule of law” is a term of art which generally signifies constitutional supremacy and adherence to principles of due process. Political scientists use the phrase to describe institutional mechanisms for policing the state and preventing abuse of power through established accountability procedures and guarantees of basic civil, human and substantive rights. The phrase is gaining popularity among economists who have come to realize that the rule of law is necessary to create a secure environment for business, investments, contracts and market transactions. Where there the rule of law prevails, good governance (accountability, transparency, free and fair elections, etc.) follows and economies grow. Since the 1990s, the World Bank and the International Monetary Fund, among others, have insisted on implementation of the “rule of law” as a condition of loans and assistance in Africa (largely without much success).
Dictators often jabber about the “rule of law” to shroud their “rule by law” of one man, one party. In a society under the “rule of men”, absolute power is exercised by the privileged few who are above the law. One man, one party, one select group decides for the whole society. That was what Adolf Hitler, Joseph Stalin, and Mao Zedong and others did; and that is what Africa’s dictators do today.
Rule of Law and Rule by Diktat
African dictators rule by diktat (arbitrary decrees issued by command of the dictator) which they try to palm off as “laws” (legislation enacted by a legitimately elected body engaged in deliberative process). They scribble down their diktats, have it approved by their rubberstamp parliaments and pronounce it “law” or “proclamation”. They use the diktat to play policeman, prosecutor, judge, jury and executioner. Under rule by diktat, dictators use the “law” as a bludgeon — a sledgehammer — to vanquish their opposition. On March 28, 2006, Congressman Christopher Smith, Chairman of House Subcommittee on Africa, Global Human Rights and International Operations recounted a revealing conversation he had with Zenawi which demonstrates rule by diktat:
During my visit to Addis last August [2005], I met with Prime Minister Meles Zenawi, and I asked him why he had not investigated the June shootings of demonstrators by agents of his government. His response was that the investigation might require the arrest of opposition leaders, and he didn’t want to do that while by-elections were still scheduled. He went on to tell me that he had dossiers on all the opposition leaders and could arrest them for treason whenever he wanted. Thus, their arrests were all but certain even before the events that ostensibly led to their being incarcerated.
In a more recent example of rule by dictat, Zenawi visiting Norway in October 2011 proclaimed two freelance Swedish journalists Johan Persson and Martin Schibbye awaiting trial were guilty of terrorism. He said the two journalists “are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.” Zenawi seemed to be unfamiliar with Art. 20 (3) of the Ethiopian Constitution which guarantees: “During proceedings accused persons have the right to be presumed innocent.” In late February 2012, Zenawi made the following incredibly mindboggling statement about the same Swedish journalists:
The government gave a small statement that such people have been put [in] prison… The next day the campaign was launched, ‘Free press, innocent people with no issue at all!’ They just give pronouncements before the case has gone to court, before evidence has been heard. The pronouncement was there; the government is the criminal and the people are innocent. (Well, if the shoe fits, wear it!)
After declaring the two journlaists “terrorists” in October 2011, in February 2012, Zenawi has the audacity to criticize others for commenting on the journalsits’ innocence “before the case has gone to court, before evidence has been heard.” Incredible!
A Practical Understanding of the Rule of Law
As the scholars and lawyers debate the finer points of the rule of law, it is possible to fashion a practical understanding of the principle which could be useful in the dialogue and debate over Ethiopia’s transition from dictatorship to democracy. A practical lesson in the application of the rule of law principle could be learned by examining “anti-terrorism” laws in the U.S. and Ethiopia.
In 2001, President Bush signed an executive order authorizing the creation of military tribunals for the detention, treatment and trial of certain non-citizens (“enemy combatants”) in the war against terrorism. In 2006 the U.S. Supreme Court struck down the executive order and commissions as unconstitutional (Hamdan v. Rumsfeld) holding that the President lacks constitutional or statutory authority. Much to the great disappointment of the Bush Administration, the Court held that these terror suspects were entitled to the protection of the ordinary laws of the United States and the laws of war including the Geneva Convention, and the Uniform Code of Military Justice. In language that pays homage to deep-rooted American civil liberties, the Court wrote: “Assuming that Hamdan [terror suspect] is a dangerous individual who would cause great harm or death to innocent civilians given the opportunity, the Executive nevertheless must comply with the prevailing rule of law in undertaking to try him and subject him to criminal punishment.”
In 2004, in a similar case of a terror suspect (Rasul v. Bush), the U.S. Supreme Court upheld the rule of law by requiring the President to honor the writ of habeas corpus (one of the greatest rights Americans have to challenge the government in court unlawful restraint on their liberties). The Court held that a terror suspect detainee may not be denied access to lawyers and civilians courts in violation of the due process guarantees of the Fifth Amendment to the U.S. Constitution. Simply stated, even wicked villains and evil-doers are shielded by the rule of law in the American Constitution.
In contrast, rule by law (rule by diktat) has made Zenawi’s so-called anti-terrorism law (“Anti-Terrorism Proclamation No. 652/2009”) a sledgehammer to crush dissidents, journalists, opposition political leaders and anyone considered an enemy. In early February 2012, a group of independent United Nations human rights experts (U.N. Special Rapporteurs) made public statements condemning the ongoing use of anti-terrorism laws to curb a broad range of freedoms in Ethiopia. Ben Emmerson, the U.N. Special Rapporteur on counter-terrorism and human rights, said that “the anti-terrorism provisions should not be abused and need to be clearly defined in Ethiopian criminal law to ensure that they do not go counter to internationally guaranteed human rights.” Frank La Rue, the U.N. Special Rapporteur on freedom of expression, said that “Journalists play a crucial role in promoting accountability of public officials by investigating and informing the public about human rights violations. They should not face criminal proceedings for carrying out their legitimate work, let alone be severely punished.” Margaret Sekaggya, the U.N. Special Rapporteur on human rights defenders, stated that “journalists, bloggers and others advocating for increased respect for human rights should not be subject to pressure for the mere fact that their views are not in alignment with those of the Government [of Ethiopia].” Maina Kiai, the U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association, said “The resort to anti-terrorism legislation is one of the many obstacles faced by associations today in Ethiopia. The Government must ensure protection across all areas involving the work of associations, especially in relation to human rights issues.” Gabriela Knaul, the U.N. Special Rapporteur on the independence of judges and lawyers, said: “Defendants in a criminal process should be considered as innocent until proven guilty as enshrined in the Constitution of Ethiopia… And it is crucial that defendants have access to a lawyer during the pre-trial stage to safeguard their right to prepare their legal defence.”
The Essence of the Rule of Law
The essence of the rule of law can be summarized in the following simple proposition: Because power corrupts and absolute power corrupts absolutely, the rule of law is essential to prevent power from corrupting and absolute power from corrupting absolutely. The U.N. Secretary-General in a report to the Security Council in 2004 prescribed implementation of the rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.” In practice, it is necessary to have “measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.” The World Bank says where the rule of law prevails government exercises self-restraint, treats its citizens justly and equally under the law and protects the dignity of each individual in society. Numerous other organizations and institutions involved in the rule of law movement have come to the same conclusion.
Rule of Law Cannot Be “Copycatted”
There are some who believe that blindly “copycatting” laws and regulations from other countries and incorporating them verbatim into their own laws somehow guarantees the existence and prevalence of the rule of law. In justifying his “anti-terrorism law” in February 2012, Zenawi offered the following mindboggling explanation to his rubberstamp parliament:
In drafting our anti-terrorism law, we copied word-for-word the very best anti-terrorism laws in the world. We took from America, England and the European model anti-terrorism laws. It is from these three sources that we have drafted our anti-terrorism law. From these, we have choses the better ones. For instance, in all of these laws, an organization is deemed to be terrorist by the executive branch. We improved it by saying it is not good for the executive to make that determination. We took the definition of terrorism word-by-word. Not one word was changed. Not even a comma. It is taken word-by-word. There is a reason why we took it word-by-word. First, these people have experience in democratic governance. Because they have experience, there is no shame if we learn or take from them. Learning from a good teacher is useful not harmful. Nothing embarrassing about it. The [antiterrorism] proclamation in every respect is flawless. It is better than the best anti-terrorism laws [in the world] but not less than any one of them in any way…
One cringes in total embarrassment at such a stunningly shallow understanding of jurisprudence, glib talk about the law and inattention to a glaring logical fallacy in one’s argument. In seeking to establish that his anti-terrorism law is based on the rule of law, Zenawi commits a logical fallacy known as “argument from authority” (argumentum ad verecundiam). The logic of his argument is that America and Britain are democratic countries with a high degree of adherence to the rule of law principle; and they have anti-terrorism laws that are the “best” in the world. We have “copied word-for-word” the best elements of their anti-terrorism laws and put them to use. Therefore, our terrorism laws are “flawless” and singularly the very best in the world!
By invoking a fallacious authority and creating a manifestly false analogy, Zenawi aims to clothe his anti-terrorism diktat with moral legitimacy and legal respectability. One cannot create a lion by piecing together the sturdy long neck of the giraffe with the the strong jaws of a hyena, the fast limbs of the cheetah and the massive trunk of the elephant. The king of the jungle is an altogether different beast. In the same vein, one cannot clone pieces of anti-terrorism laws from everywhere onto a diktat and sanctify it as “flawless in every respect”.
Imitation may best the highest form of flattery, but to boldly claim that a mindlessly cloned diktat is “flawless” is just mindless. Beyond logical fallacy, Zenawi seems to be totally clueless about elementary principles of jurisprudence in the Anglo-American tradition. The American antiterrorism law (Zenawi does not specifically identify the American antiterrorism law he copied word-for-word, but one may reasonably assume he is referring to the “USA Patriot Act”), is not merely a collection of words, legal phrases, clauses, terms and paragraphs. The Patriot Act was drafted with intense debate and deliberation in the Congress (not scribbled down and sent for rubberstamping), contentious disputes in the media (in the U.S. it not a crime to criticize a law in the media) and amidst outraged public dialogue and debate (not shoved down the public’s throat). Above all, it was crafted within the known boundaries of the Fourth, Fifth and Sixth Amendments and Article I, section 9 of the U.S. Constitution. The legislative language in the Patriot Act derives its vitality not from glib semantic analysis of words and phrases, but from long and storied legal traditions that date back to the Magna Carta (Great Charter) in 1215, the Declaration of Independence in 1776 and the vast body of Anglo-American common law. Most importantly, the Patriot Act is subject to the supreme law of the land– the U.S. Constitution. Thomas Paine, one of the revolutionary “Founding Fathers of the United States” and the “voice of the common man” explained it best in Common Sense: “In America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.”
If Zenawi wants to copycat American and British anti-terrorism laws, he cannot cherry pick words, phrases, sentences and clauses. He has to take the whole package because those words, phrases and clauses he copied so proudly have complex histories, meanings, nuances and implications. Those blindly borrowed words and phrases have special meaning and application when they are considered, contextualized, synthesized and analyzed within the broader framework of Anglo-American common law, judicial precedents, legal principles and doctrines, rules of statutory construction, legal scholarship, legislative intent and numerous other factors. If Zenawi chooses to imitate and clone American law “word-for-word”, he is practically, logically and hermeneutically obliged to give meaning to those laws within the framework of the American Constitution and the body of constitutional law.
But Zenawi simply has no clue. The U.S. “antiterrorism law” is not as perfect as he the thinks it is and may not be worthy of ultimate imitation. In fact, it is quite flawed. For instance, in 2004, a federal judge in New York ruled that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers without judicial oversight or public review. Another federal judge in Oregon in 2007 ruled that crucial parts of the USA Patriot Act were unconstitutional because they allowed federal surveillance and searches of Americans without demonstrating probable cause required by the Fourth Amendment. The judge wrote, “For over 200 years, this Nation has adhered to the rule of law — with unparalleled success. A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised.”
Unlike Zenawi’s “anti-terrorism” diktat, the Patriot Act had significant limitations in itself, including sunset provisions (expiration dates) of December 31, 2005 on a number of issues including wiretapping, sharing foreign intelligence information, seizure of voice-mail emergency disclosure of electronic surveillance. When it was reauthorized, a new sunset of December 31, 2009 was established and significant amendments added to provide for greater congressional and judicial oversight of orders for roving wiretaps and enhanced procedural protections for “sneak and peek” search warrants, among many others.
Zenawi also fails to understand the power of judicial review and the resolute ferocity of American lawyers dedicated to civil liberties in challenging the government and stopping it from encroaching on the civil liberties of the people. In other words, in America, there are lawyers and judges who are willing, able and ready to hold the Congress’ or the President’s feet to the fire of the supreme law of the land. In Ethiopia, there are only dictators who hold the peoples’ feet, hands and bodies to the fire.
But Zenawi is absolutely right in saying that “there is no shame if we learn or take from them [America, Britain, European model]”. Learning from a good teacher is useful not harmful.” But it is not enough to have good teachers, one must also be a good student and learn all of the substantive lessons, not just a word here, a phrase there and a clause somewhere else.
Do Ethiopians Want a Government of Laws and Not of Men?
The rule of law operates differently in different societies and there is no single “flawless” conception of the principle. I do believe there are some commonalities and universal elements of the rule of law principle that are applicable in all societies. To extract the most universal elements, it is necessary to learn from alternative conceptions and experiences in the application of the rule of law. But the learning process should not be robotic or involve the mindless aggregation of bits and fragments of information and analysis. It should be syncretic, synthesizing divergent and conflicting ideas and practices in the practical application of the rule of law.
The rule of law in Ethiopia, I believe, is an ancient ideal. Ordinary Ethiopians used to invoke the “divine power of the law” (ye heg amlak) against wrong-doers and abusers of power. That was when they could see the faint and distant image of justice painted on a canvas of autocratic rule. But it must also be pointed out that the Ethiopian civic culture has tolerated an insidious exception to the rule of law which persists to the present day. An old Ethiopia adage says, “One cannot plough (farm) the sky nor hold a king to account in court” (semai aye-tares, negus aye-keses). “Negus” Zenawi is the personification of that adage today. In the transition from dictatorship to democracy, Ethiopians will have an opportunity to choose between alternative conceptions of the rule of law.
My view is that rule of law is a quintessential principle of good democratic governance. It is a vital part of statecraft (the art of leading a country). It is a fundamental element in nation-building, state-building, peace-building, democracy-building, justice-building and truth and reconciliation. I do not equate the rule of law with democracy, but I believe it makes genuine multiparty democracy possible through institutional arrangements for conducting clean, free and fair elections. I do not think the rule of law by itself guarantees justice, but it will serve to facilitate the delivery of justice to citizens through an independent and transparent judicial process. It will not guarantee equality, human rights and the rest of it, but without the rule of law there can be no equality or human dignity. I believe respect for human rights is the single important manifestation of the prevalence of the rule of law in any society and the most persuasive evidence of good governance.
Rule of Unjust Laws?
I am persuaded by the works of the great philosophers, thinkers, theologians, theorists, revolutionaries and human and civil rights rights advocates — Cicero, Augustine, Aquinas, Gandhi, King and even the framers of the U.S. Constitution in their Declaration of Independence — who argued that an unjust law (diktat) is not really a law at all. Dr. Martin Luther King said, “Any law that uplifts human personality is just. Any law that degrades human personality is unjust. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws… for an unjust law is no law at all.” So Ethiopia’s transition from dictatorship to democracy will be a transition from rule by unjust laws to the rule of just laws, and an uprising from degradation to collective elevation. I believe the rule of law will take deep root in Ethiopia when government learns always to fear its citizens and citizens acquire the courage never to fear their government!
Amharic translations of recent commentaries by the author may be found at:
http://www.ecadforum.com/Amharic/archives/category/al-mariam-amharic and
http://ethioforum.org/?cat=24
Previous commentaries by the author are available at:
