The new African Union (AU) headquarters was inaugurated last week. It was “China’s gift to Africa.” China picked the entire USD$200 million tab for the building, fixtures and furniture. The China State Construction Engineering Corporation constructed the building using nearly all Chinese workers. Meles Zenawi, the dictator in Ethiopia, waxed poetic as he blessed the new building and consecrated the “continuing prosperous partnership” between Africa and China:
… This magnificent edifice is built on the ruins of the oldest maximum security prison in our country. People in Ethiopia used to call it Alem Bekagne, loosely translated it means I have given up on this world- this life. This building which will now house the headquarters of our continental organization is built on the ruins of a prison that represented desperation and hopelessness…
This magnificent new head quarters (sic) of our continental organization- the AU which has been at the center of the struggle for the African renaissance (sic) is a symbol of the rise of Africa. The face of this great hall is meant to convey this message of optimism, a message that is out of the decades of hopelessness and imprisonment a new era of hope is dawning, and that Africa is being unshackled and freed not only from the remnants of colonialism but also from want and violence. It is very interesting to note, that just as Africa is rising from the ruins of the desperation and Afro-pessimism this magnificent new head quarter (sic) of the AU is rising from the ruins of a prison of desperation and hopelessness.
… It is therefore very appropriate for China to decide to build this hall — the hall of the rise of Africa — this hall of African renaissance — (sic) and the adjoining office building for us. I am sure I speak for all of you when I say to the people and government of China thank you so very much. May our partnership continue and prosper.
The current AU chairperson, Equatorial Guinea’s three-decade plus dictator Teodoro Obiang Nguema, praised the “generosity of the Chinese government”, and described the building as marking “a qualitative leap in the relations between China and Africa”. He raved about the building as “a reflection of the new Africa, and the future we want for Africa”.
Why didn’t the African countries chip in to build this “magnificent” symbol of an “Africa Rising” and an “African Renaissance”? Well, they do not have the money; they are poor. (Incidentally, a few months ago, the U.S. Government filed legal action against Teodorin Obiang, AU Chair Nguema’s son for racketeering (illegal business). While the Chinese were sweating it on the new AU hall, Teodorin had commissioned construction of a yacht [the second most expensive in the world] at the cost of 380 million dollars, [nearly twice as much as it cost to build the AU building] for his rest and relaxation.)
Africa Rising or Africa Panhandling?
Far from being a symbol of African hope, renaissance, optimism and glory, the new AU building reinforces the world’s indelible perception of Africa as the continent of poverty, famine, corruption and dictatorial extravagance. Reporter Richard Poplak insightfully observed the new AU building is the ultimate architectural symbol of Africa as a beggar continent and the moral decay of its dictators:
… The new African Union headquarters in dusty Addis Ababa is a structure in which form perfectly marries function – the building means nothing, and nothing will ever get done inside it…. The building doesn’t need to symbolize anything further than its existence, wherein it becomes a staggeringly articulate representation of Africa’s greatest skill: begging…. The first thing we notice is the tiled silver dome that acts as the building’s centerpiece. This reminds us of nothing so much as an overturned beggar’s bowl, left in the street after a solid day of mewling at the feet of passersby… Then there’s the tower. Stretching up 20 storeys… it resembles… a beggar’s outstretched hand… None of this could we have achieved by ourselves. Instead, in order to raise this fine structure – this symbol of continental unity – from the bare African earth, we used the one skill that unites us all. We stretched out our collective hands, batted our eyelashes, looked simultaneously cute and hungry. And we begged.
A Monument to a Do-Nothing African Union
The AU has 54 members. It was formed in 2002 as a successor to the Organization of African Unity (OAU). The AU’s declared aim is to “accelerate the political and socio-economic integration of the continent, promote and defend African common positions to achieve peace and security in Africa, and promote democratic institutions, good governance and human rights.”
In its decade of existence, the AU has little to show for itself. It sent peacekeeping troops to various hotspots in Africa including Burundi, Uganda, Somalia and Darfur, Sudan. The AU dumped its Darfur mission on the United Nations in 2008 unable to deal with that tragic situation. In 2007, the African Union Mission in Somalia (AMISOM) was established to promote “stabilization of the country in furtherance of dialogue and reconciliation, facilitate delivery of humanitarian assistance, and create conditions for long-term stabilization, reconstruction and development in Somalia.” Suffice it to say, “Mission stuck in the quagmire of Somali clan politics.” The AU also adopted various documents intended to remediate the problems of corruption, poor governance and economic development in the continent including the African Union Convention on Preventing and Combating Corruption (2003), the African Charter on Democracy, Elections and Governance (2007), the New Partnership for Africa’s Development (NEPAD) and its associated Declaration on Democracy, Political, Economic and Corporate Governance. Yet the theft of elections and billions of dollars in Africa has continuedover the past decade.
Please, please, don’t ask about the African Union. It is the most useless organization we have on the continent. It can’t even define “democracy” and it is completely bereft of originality. It is imbued with “copy-cat” mentality. Europe has the European Union (EU), so we must have the African Union (AU). The AU forgot that to become a member of the European Union, a country must meet very strict requirements. But in the case of the African Union, there are no requirements. Any rogue and collapsed state can be a member. And when the African Union unveiled NEPAD (the New Economic Partnership for African Development), it boasted that NEPAD was an “African crafted program.” But as it turned out, NEPAD was modeled after the Marshall Aid Plan. When the Darfur crisis flared up, the AU was nowhere to be found. It was doing the watutsi [dance] in Addis Ababa. After much international condemnation, the AU finally managed to cobble together some troops to send to Darfur.
The “uselessness” of the AU is evident not only in its political impotence and economic ineptitude but also in its steadfast refusal to maintain observance of minimum standards of human rights in member countries. The AU has openly instructed member countries to “disregard” the International Criminal Court’s warrant of arrest issued against Sudanese president Omar al-Bashir who is sought for crimes against humanity, war crimes and genocide. It did the same thing when an ICC arrest warrant was issued against Gadhafi. The AU yelped from the sidelines as Cote d’Ivoire descended into civil war following the 2010 presidential election. France, a former colonial power, had to come to the rescue. The AU was among the last to recognize the Libya’s National Transitional Council. No doubt, the AU was deeply distressed by the sudden demise of Gadhaffi, its longtime patron and sugar daddy. When Zenawi declared a 99.6 percent election victory in the May 2010 Ethiopian elections, the AU monitoring team led by former Botswana president Ketumile Masire praised him and declared: “It is recognised that 2010 Ethiopia’s legislative elections reflected the will of the people. Conditions existed for voters to freely express their will.”
The AU is managed by an inept and bungling commission which acts as the executive/administrative branch with empty suit commissioners lording over different areas of policy. According to news reports, “of the $256 million the commission was allocated in 2011, the AU used less than 40 percent. The commission has about 1,000 staff members, 328 posts have been vacant for the past eight years.” (One can surmise that the unused $154 million could have been a nice down payment for an all-African financed AU building. Talking about African countries not having “enough resources” for public projects, the International Monetary Fund recently reported that there was an unexplained USD$32 billion discrepancy in the Angolan government’s accounts from 2007 through 2010. Does “discrepancy” mean stolen? According to Global Financial Integrity, 11.7 billion was stolen from Ethiopia in the last decade. The same story is repeated in the Sudan, Zimbabwe, Kenya, Niger, Nigeria and many other African countries.)
Is Begging Africa’s Eternal Destiny?
For a long time, the Western world regarded Africa as the “Dark Continent”, not because of the complexion of the people but because little was known about Africa. Sadly, much of the world today regards Africa as the “Beggar Continent”. African dictators can wax eloquent about the “new Africa”, “Africa Rising” and the “African Renaissance”, but nobody is buying it. Everyone can see today that Africa is gasping to breath under the trampling boots of brutal dictators. Africa is not a continent in “renaissance”; it is a continent on a tightrope. Let the facts speak for themselves:
Over one-half the population of Africa lives on less than USD$1 a day. Sub-Saharan Africa is the only region in the world where poverty has increased in the past 25 years. In 1960, Africa was a net exporter of food; today the continent imports one-third of its grain. Today, more than 40 percent of Africans do not even have the ability to obtain sufficient food on a day-today basis. Declining soil fertility, land degradation, and the AIDS pandemic in Africa have led to a 23 percent decrease in food production per capita in the last 25 years while population has increased dramatically. Among the 38 of the world’s heavily indebted poor countries, 32 are in Africa. The average life expectancy at birth for Sub-Saharan Africa is 52.5 years. Slums are home to 72% of urban Africans. Primary school enrollment in African countries is among the lowest in the world. In Sub-Saharan Africa, only two-thirds of children who start primary school reach the final grade.
Africa loses an estimated 20,000 skilled personnel a year to developed countries. A woman living in Sub-Saharan Africa has a 1 in 16 chance of dying in pregnancy, compared to 1 in 3,700 for a woman in North America. On average, women in Sub-Saharan Africa have two more children than the rest of world. More than 40 percent of women in Africa do not have access to basic education. There are an estimated 5,500 AIDS deaths a day in Africa. Every year six million children die from malnutrition before their fifth birthday. More than 50 percent of Africans suffer from water-related diseases such as cholera and infant diarrhea. The prevalence of HIV for people ages 15-49 in Sub-Saharan Africa is nearly 7 times the world’s prevalence.
Ethiopia remains at the very bottom of the world’s poorest nations. Under the “leadership” of the dictator Zenawi, for the past two decades Ethiopia has achieved the dubious honor of being the second poorest country in the world (after Mali) and the largest recipient of net official development assistance in Africa at USD$3.82 billion in 2009. The World Bank reported: “At US$380, Ethiopia’s per capita income is much lower than the Sub-Saharan African average of US$1,165 in FY 2010.”
According to a recent U.S. Census Bureau report, in just four decades, Ethiopia’s population will more than triple to 278 million, placing that country in the top 10 most populous countries in the world. A recent report by the Legatum Institute presents some sobering and heartbreaking findings on the situation in Ethiopia today: Ethiopia has an “unemployment rate [that] is almost 21%, which is the sixth highest rate, globally.” The “capital per worker in Ethiopia is the fourth lowest worldwide.” The country has “virtually no investment in R&D.” The ability of Ethiopians “to start and run a business is highly limited… [with a] communication infrastructure [that] is weak with only five mobile phones for every 100 citizens”; and the availability of internet bandwidth and secure servers is negligible. Inequality is systemic and widespread and the country is among the bottom ten countries on the Index. The Ethiopian “education system is poor at all levels and its population is deeply dissatisfied.” There is “only one teacher for every 58 pupils at primary level, there is a massive shortage of educators, and Ethiopian workers are typically poorly educated.” Less than a “quarter of the population believe Ethiopian children have the opportunity to learn and grow every day, which is the lowest such rate in the Index.”
On “health outcomes, Ethiopia performs abysmally poor. Its infant mortality rate, 67 deaths per 1,000 live births, and its health-adjusted life expectancy of 50 years, places Ethiopia among the bottom 20 nations.” The population suffers from high mortality rates from “Tuberculosis infections and respiratory diseases. Access to hospital beds and sanitation facilities is very limited, placing the country 109th and 110th (very last) on these measures of health infrastructure.” The core problem of poor governance is reflected in the fact that “there appears to be little respect for the rule of law, and the country is notable for its poor regulatory environment for business, placing 101st in the Index on this variable.”
Africa Rising, African Uprising
African dictators want the world to believe there is an “Africa Renaissance” and “Africa is Rising.” They want to hoodwink the world into believing that Africa is “unshackled and freed”. They proclaim the “façade of the great Africa Union hall conveys a message of optimism out of the decades of hopelessness”. They insult our intelligence. We know Africa shall remain in the dark ages so long as dictators cling to power like ticks on an African milk cow. We know Africa is not rising while under the deadweight of dictatorship; but nothing can stop an African uprising. Despite the deceptive and beguiling words of pompous and imperious dictators, we know Africa is shackled and not free. How can Africa “rise” or undergo a “renaissance” when she is bound, gagged, chained, straightjacketed and hog-tied by gangs of ruthless dictators?
Behind the façade of the great AU hall stand a giggling gang of beggars with cupped palms, outstretched hands, forlorn eyes and shuffling legs looking simultaneously cute and hungry, and begging. The stark truth of the matter is that dictatorship has birthed a shiny tower of desperation and hopelessness on the very “ruins of a prison of desperation and hopelessness”. Teodoro Obiang said the AU building represents the “future we want for Africa”. Excuse me, but begging ain’t much of a future!
China’s economic investment in Africa is said to exceed USD$150 billion. Thousands of Chinese companies do business in all parts of the continent. We know that business is business, and money talks. But as to “China’s gift to Africa”, it is best to heed the old adage: Beware of those bearing gifts. On the other hand, it is bad from for a recipient of charity not to be grateful and amiable. So in the customary words of all palm-rubbing, belly scratching and kowtowing panhandlers, it is appropriate to say to the gift-givers:
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ and http://open.salon.com/blog/almariam/
‘…. he was feared far beyond his might and respected far beyond his support, both which in the end proved meager. … would play one official off of another, promoting sons above their fathers, pitting the members of too-powerful families or clans or unions against one another for resources, splitting so many allies and creating so many feuds and petty rivalries that it was nearly impossible that any two ……. could come together to ask one another if there might be another way.’
Max Fisher, associate editor – The Atlantic.
Mr. Fisher’s description fits most successful dictators. Admit it you thought he was talking about ours, didn’t’ you? It is all right, no need to worry; he was actually talking about the late Colonel Gaddafi. The Leader got away with just doing that for over forty years. Libya lost a generation. That is what failed leaders do to a country. After they are gone they leave a mess behind.
The drawing above is by cartoonist Ali Ferzat of Syria. Mr. Assad and his associates did not look kindly at his work. According to Mr. Fisher “On August 25, the 60-year-old Syrian political cartoonist Ali Ferzat was driving home from his office in Damascus when a car with tinted windows blocked the road. Men dragged Ferzat from his car, stuffed him in a van, beat him severely and broke both his hands in what they called “a warning” and dumped him on the side of the road.” Mr. Assad and his goons would like to kill Mr. Ferzat, thereby digging their grave. That is the logic of dictators.
Mr. Ferzat drew the above cartoon after his hands healed. What is going on in Syria is insanity, and that is putting it mildly. President Assad has witnessed the demise of Ben Ali, Mubarak, Gaddafi and Saleh but he is following the path that leads to the same dead end street. Why do you think? He is not stupid, and I doubt he is insane. May be a little insane ok? He probably thinks things are different in Syria. May be he believes he is more cunning and smarter than those buffoons. No matter what, he cannot stop this runaway train. He has no choice. It is a do or die situation. He is a prisoner of his own doing and the Syrian people are prisoners of their tolerance of evil for so long.
We Ethiopians are familiar with that state of affairs. We have been prisoners for a long time. It is true we have not been lucky with the leaders we seem to attract. Misfits and delusional describes them better. It is a good enough explanation for the debacle in our homeland. My question is how come the same dysfunctional behavior is replicated away from home?
It is fair to ask if we are running our affairs any better where ever we have settled. If our claim is that we have been cursed with bad leaders can we show any evidence that we are capable of building a harmonious society with out the interference of those we hold responsible for our failure? I believe it is a legitimate question that begs for answers from each one of us. I am interested in an answer not an excuse. Excuse is for losers. My interest is in looking for an explanation so we can search for a solution to fix the problem not to go on a fishing expedition to avoid responsibility or share the blame.
Look around you. We are in the hundreds of thousands that have left their home to construct a new reality. There is no denying that we are good at survival no matter how dire the circumstances. From the Jungles of Uganda all the way to Southern Africa, from Beirut to the Gulf, From Tuscany Coast to the frigid waters of Scandinavia and the mighty Continent of North America we Ethiopians are thriving in our new environment. Any mother would be proud of us! Please don’t get a big head now there is more.
That speaks about our individual achievements. My profound question to you my Diaspora cousin is how come we shine as individuals but fail as a community? Can you answer that for me? If you don’t mind I said answer not make up an excuse that will remove ‘you’ from the equation and dump the sins onto others. That is not good enough. That is what is called avoidance. It is a little difficult to imagine how each one of you is a perfect saint while all those ‘others’ are the ones causing the problem. It does not work like that. Believe me it is not that way.
If we are going to share the glory I believe we should be willing to share the blame too. The problem with our country is that there are so many that take credit for the past while screwing the present. I don’t mean to belittle the many achievements of the few. I am looking at the bigger picture. Voltaire wrote ‘No snowflake in an avalanche ever feels responsible.’ You see what I mean. There wouldn’t be an avalanche without the individual snowflake.
Our anti social behavior is manifested in most aspects of our interactions. Be it Political, religious or simple Eder the slash and burn formula is our choice of resolving simple misunderstandings. Just check out your community if you are lucky or unlucky enough to live in a large size abesha population. There is a high possibility that the effort of individuals is spent in conflict and drama instead of cooperation and harmony. We are becoming very good in this use and discard philosophy. It used to be like that in the West before they became aware of the limitations of resources. Everything was manufactured to be used and thrown away.
You know how good we are at copying. Unfortunately we are not discriminating. Thus we picked up that concept and applied it to our country. Circumstances forced us to leave. Returning was not a safe option. That fact made the act of leaving something you love behind a normal situation. Now we have enhanced that to include organizations and associations. If we disagree we just create a small faction and leave. After spending so much time and resources in building a beautiful organization, Church etc. we have no qualms in leaving it behind hoping it would disintegrate and disappear. I have seen situations where the wreckers have no plans with what to replace it with. All available force goes into making sure nothing survives.
Why do you think that is so? I am not imaging this. I am sure we all love our country. We love each other. I know that because we seem to spend inordinate amount of time worrying about each other and our homeland. We have our own Churches and Mosques; we have our own restaurants, quick stores, coffee shops, our own on line community etc. For people that can’t live without each other we definitely exhibit a strange way to show our love and concern.
This formidable force commonly called the Diaspora is a paper tiger. The Diaspora is all bark no bite. In fact the Diaspora is such a negative and destructive force it needs to be overhauled. Such talk might offend you. You might be forced to get your guards up. That is the snowflake talking. It is like saying I see all this dysfunction around me but I am not responsible. Who me? I am the picture of love and tolerance. It is all those others that are the cause of all evil. Stop that now.
That is what Gaddafi said. Look what it got him. Denial is not a winning strategy. Self-reflection is what the situation demands. Admitting there is a problem is show of maturity. Holding oneself responsible and willing to change is one giant step forward. This total dysfunction is the sum total of the little things we do in our everyday interaction.
I believe we can start with respect for each other. Respect based not because of education, wealth or gosa but respect because we are each other’s keepers. There is no need to demonize others, no value in demeaning fellow country people, not a good idea searching for motive in every utterance and no winner in war. If we take care of the little things, the big things will fall into place.
This habit of screaming bloody murderer about the hapless Woyane is not taking us anywhere. The crimes of our tyrannical leaders will be the cause of their downfall. The Ethiopian people will take care of that. They are working on it everyday. It is us I worry about. If we are not capable of forming a harmonious society out here where we really do not have conflicting interest what makes you think we could succeed over there? Shouldn’t out here be the place where we learn this new concept of respect, tolerance, kindness and all other winning behavior?
That is the advantage of living in a free society. It gives individuals a choice. No one compels us to do this or that. We are free to choose. Thus when we split our Church, when we disrespect our leaders be it Community or Party we are making a choice. When we speak ill of each other and when we hurt each other with venomous language it is a choice we each make. When we invest in Woyane land, buy stolen property, turn our faces away when we see our people being abused we are making a choice. No need to look at your neighbor. You ladies and gentlemen have to answer for your own actions. What would it be soaring high like the eagle or scavenging like the vulture. The choice is yours but you must take full responsibility for it!
The International Criminal Court (ICC) is on the chase; and over the past few months, things have taken a slow turn for the worse for African dictators and human rights violators. They are finding out that they can’t run and they can’t hide.
Laurent “Cling-to-power-at-any-cost” Gbagbo of Cote d’Ivoire was snatched from his palatial hiding place in April 2011 after he defiantly refused to give up power to Alassane Ouattara in a presidential election certified by international observers in December 2010. In late November 2011, Gbagbo was quietly whisked away to the Hague from house arrest in Korhogo in the north of the country to face justice before the ICC on charges of crimes against humanity (murder, rape and other forms of sexual violence, persecution and other inhuman acts) that were allegedly committed during the post-election period. The U.N. estimates well over three thousand people died between December 2010 and April 2011 as a result of extrajudicial killings by supporters of Gbagbo and Ouattara. Gbagbo is the second former head of state to be tried by the ICC since it was set up in 2002.
Last week, a High Court judge in Kenya ordered Kenyan officials to arrest and deliver Sudan’s president Omar Al-Bashir to the ICC to face charges of crimes against humanity, war crimes and genocide if he ever set foot again in Kenya. The U.N. estimates well over 300,000 people have perished under Bashir’s regime. Bashir unsuccessfully claimed immunity from prosecution as a sitting head of state. Nearly all of the other unindicted African dictators have chimed in to severely criticize the ICC and demand suspension of Bashir’s arrest warrant. Five other suspects are also sought on ICC warrants in the Sudan including Ahmed Haroun, a lawyer and minister of humanitarian affairs, Ali Kushayb, a former senior Janjaweed (local militiamen allied with the Sudanese regime against Darfur rebels), Bahr Idriss Abu Garda, a rebel leader and two others.
In another development in Kenya last week, Uhuru Kenyatta, finance minister and son of Kenya’s famed independence leader Jomo Kenyatta, resigned following an ICC ruling that he will face trial for crimes against humanity in connection with the communal post-election violence between supporters of presidential candidates Raila Odinga and Mwai Kibaki in 2008. The U.N. estimates some 1,200 people died in weeks of unrest between December 2007 and February 2008 and 600,000 people were forcibly displaced. Cabinet secretary Francis Muthaura, a close ally of president Mwai Kibaki, former Education Minister William Ruto and radio announcer Joshua arap Sang face similar charges.
The ICC had also issued arrest warrants for Moammar Gaddafi, his son Saif al-Islam and Libyan intelligence chief Abdullah al-Senussi on charges of crimes against humanity. Last week, Libya’s Justice Minster announced that Libya, and not the ICC, will be trying Saif al-Islam. Al-Senoussi remains a fugitive from justice.
Last but not forgotten is former Liberian president Charles Taylor who went on trial on charges of crimes against humanity and war crimes in The Hague before the Special Court for Sierra Leone. He is awaiting a verdict after a nearly three and half year trial.
The ICC presently has open investigations against individuals in various countries including Uganda, DR Congo, Central African Republic, Darfur and Cote d’Ivoire. The rogue’s gallery of suspects sought in ICC issued arrest warrants for crimes against humanity and war crimes include five senior leaders of the “Lord’s Resistance Army” in Uganda including the notorious Joseph Kony and his deputy Vincent Otti and three other top commanders. In the DR Congo various rebel and militia leaders and Congolese military officers and politicians including Thomas Lubanga Dyilo, Jean-Pierre Bemba Gombo, Bosco Ntaganda, Mathieu Ngudjolo Chui and two others are targets of ICC investigation.
No ICC, No Justice?
The ICC, established in 2002, is an institution with a lot of legal and political limitations in its investigative and prosecutorial duties. For instance, it has authority over “crimes against humanity” only if the acts were “committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” The crimes must have been “extensively or rationally orchestrated” by the perpetrators. The ICC can investigate cases only where the accused is a national of a state party that has accepted ICC jurisdiction and the alleged crime took place on the territory of a state party, or if a “situation” is referred by the Security council. Most importantly, it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.
The ICC has a very difficult job to do in investigating and chasing the world’s worst human rights violations across the planet. Despite its recent establishment, obstacles and limitations, it has a respectable record. As of September 2010, the Office of the ICC Prosecutor had received 8,874 “communications” about alleged human rights violations. After an initial review, it declined to proceed with 4,002 of them concluding that they are “manifestly outside the jurisdiction of the Court”. To date, the Court has opened investigations in seven African countries. Three investigations began following referral by state parties, the UN Security Council referred two more (Darfur and Libya) and two were begun proprio motu (“ICC prosecutor began on his own initiative”). To date, the ICC has charged 27 people and issued arrest warrants for 18 more. Five individuals are in various stages of trial and eight remain at large as fugitives. Two individuals died before their trials concluded and charges were dismissed against four.
The one unsettled question is what happens to those individuals who commit crimes against humanity, war crimes and genocide in official or unofficial capacity but cannot be prosecuted because they are not part of the regime of the Rome Statute which established the ICC. For instance, Ethiopia has not ratified or accepted the Rome Statute and technically does not come under ICC jurisdiction. Does that mean the individuals who perpetrated crimes against humanity and war crimes in that country will never be held accountable under any international system of criminal justice?
The evidence of crimes against humanity and war crimes in Ethiopia is fully documented, substantial and overwhelming. An official Inquiry Commission report in 2006 documented the extrajudicial killing of at least 193 persons, wounding of 763 others and arbitrary imprisonment of nearly 30,000 persons in the post-2005 election period in that country. There are at least 237 individuals identified and implicated in these crimes. In December 2003, in Gambella, Ethiopia, 424 individuals died in extrajudicial killings by security forces. In the Ogaden, reprisal “executions of 150 individuals” and 37 others were documented by Human Rights Watch in 2008 which charged:
Ethiopian military personnel who ordered or participated in attacks on civilians should be held responsible for war crimes. Senior military and civilian officials who knew or should have known of such crimes but took no action may be criminally liable as a matter of command responsibility. The widespread and apparently systematic nature of the attacks on villages throughout Somali Region is strong evidence that the killings, torture, rape, and forced displacement are also crimes against humanity for which the Ethiopian government bears ultimate responsibility.
Torture and ill-treatment have been used by Ethiopia’s police, military, and other members of the security forces to punish a spectrum of perceived dissenters, including university students, members of the political opposition, and alleged supporters of insurgent groups, as well as alleged terrorist suspects. Human Rights Watch has documented incidents of torture and ill-treatment by Ethiopian security forces in a range of settings. The frequency, ubiquity, and patterns of abuse by agents of the central and state governments demonstrate systematic mistreatment involving commanding officers, not random activity by rogue soldiers and police officers. In several cases documented by Human Rights Watch, military commanders participated personally in torture.
Universal Jurisdiction
The are obvious limits to the globalization of criminal justice under the ICC regime. But does that mean human rights violators who are not subject to ICC jurisdiction get away with murder, torture, war crimes and genocide? Maybe not.
There is an encouraging trend globally that more and more national courts are willing to operate under the doctrine of universal jurisdiction to prosecute gross human rights violators for atrocities committed outside their countries. Simply stated, if someone who committed crimes against humanity, war crimes or genocide is found in another country where the crimes were not committed, that country makes it its obligation to bring the perpetrator to justice using its own courts. For instance, Article 5 of the United Nations Convention Against Torture and Cruel, Inhuman or Degrading Treatment and Punishment provides that each State shall “take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him.”
Universal jurisdiction has been exercised in a number of high profile cases. A Spanish judge charged former Chilean president Augusto Pinochet in 1998 for crimes against humanity committed in Chile. After years of appeal and delays, Pinochet died in 2006 without facing justice. A Belgian court in 2001 convicted the killers of two Rwandan nuns for war crimes during the 1994 Rwandan genocide. A Belgian court in 2005 indicted the former president of Chad, Hissène Habré, for crimes against humanity, torture, war crimes and other human rights violations committed during his presidency in Chad. Two weeks ago, a Senegalese court blocked the extradition of the Chadian dictator because Belgium failed to file the “original arrest warrant and other papers”. A German court has convicted a former leader of a paramilitary Serb group for acts of genocide committed in Bosnia and Herzegovina in 1997. Over the past several decades, more than 15 countries have exercised universal jurisdiction in investigations or prosecutions of persons suspected of crimes under international law including Australia, Belgium, Canada, France, Germany, Netherlands, Norway, Spain, the UK and the United States of America.
There are other non-criminal legal remedies as well. For instance, the Human Rights Violators and War Crimes Unit (HRVWCU) in the U.S. Immigration and Customs Enforcement’s (ICE) National Security Investigations Division conducts investigations to prevent foreign war crimes suspects, persecutors and human rights abusers from entering the United States. It also identifies, prosecutes and deports such offenders who have entered the U.S. Over the past 8 years, ICE has arrested more than 200 individuals for human rights-related violations under various criminal and/or immigration statutes and deported more than 400 known or suspected human rights violators from the United States. Currently, ICE is pursuing more than 1,900 leads and removal cases involving suspected human rights violators from nearly 95 different countries. HRVWCU receives anonymous tips and information from those who report suspected war criminals and human rights violators residing in the U.S. Individuals seeking to report suspected human rights violators may contact the HRV unit at [email protected]
Justice Delayed is Not Justice Denied, Just Delayed
Justice delayed is just delayed. The victims of former Chilean dictator Gen. Augusto Pinochet might have thought justice delayed is justice denied. So may have thought the victims of Argentina’s Dirty War. The facts are very encouraging. Since December 2006, Chilean prosecutors and judges have convicted hundreds of former military personnel in the Pinochet regime accused of committing grave human rights violations. As of July 2008, 482 former military personnel and civilian collaborators were facing charges for a variety of offenses classified under crimes against humanity. Among these, 256 had been convicted, of whom 83 had had their convictions confirmed on appeal. In the Argentine Dirty War (the generals’ war against thousands of activists, militants, trade unionists, students, journalists and others), the mighty generals have been held to account. Many of the top military officers involved including Leopoldo Galtieri, general and President of Argentina, Jorge Rafael Videla, former senior Army commander and de facto President and other lesser known top officers were tried and sentenced to life imprisonment or long prison terms. Hosni Mubarak, Egypt’s dictator for over three decades, his sons, interior minsiter and others are today facing justice in an Egyptian court. Syria’s Bashar al-Assad of Syria and Ali Saleh of Yemen will no doubt face justice in Syria, Yemen or elsewhere. Justice will also arrive like a slow, chugging and delayed train for those who have committed crimes against humanity and war crimes in Ethiopia.
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ and http://open.salon.com/blog/almariam/
If a person were to {www:maliciously} burn or {www:vandalize} another’s house, it would be regarded as a serious property crime under the laws of any nation. If one were to walk into a bookstore and steal thousands of books and give them away to any passerby, that would also be a major property crime. How about taking a copyrighted book, scanning it and making it available to anyone in digital form online? Is that a serious criminal act? Is it also an immoral and depraved act?
Is it fair?
When a publisher, author or artist produces a book, a piece of music, a painting or other similar work, s/he is creating intellectual property which is as valuable as any other kind of property recognized by law. Just as doctors, lawyers, engineers and others make a living by practicing their professions, those in the literary, artistic and publishing communities make their living from marketing their intellectual creations. But the total disrespect and contempt shown by some individuals to the intellectual property rights of Ethiopian musicians, artists and authors is downright sickening and maddening.
Today, the music of the legendary Ethiopian artists, including Tilahun Gessesse, Mahmoud Ahmed, Bizunesh Bekele, Alemayehu Eshete, Kiros Alemayehu, Kassa Tessema, Ketema Makonnen, Asnaketch Worku, Mary Armede, Hirut Bekele, Ali Birra, Aster Aweke, Kuku Sebsebie, Muluken Melesse, Teodros “Teddy Afro” Kassahun, Shambel Belayneh and so many others, are illegally and casually stored online and made freely available. The artists receive no payments and their work is distributed without their permission and often to the financial benefit (selling ads on websites, subscriptions, etc.) of the music pirates. The individuals who store the music illegally and those who download them illegally work together to not only impoverish these great artists but also destroy their creative potential and ability to enrich the culture.
Crimes Against the Press
This contemptible culture of online piracy passed another shameful milestone recently when an entire book was scanned and posted on the internet in clear violation of international and national copyright laws. The book in question was the recently published memoir of former Ethiopian junta leader Mengistu Hailemariam. The website that scanned and posted the book online justified its action as follows:
Mass murderer and brutal dictator Mengsitu Haile Mariam (exiled in Harare, Zimbabwe) has written a 500+ pages book that has been published by Tsehai Publisher of Los Angeles. This mass murderer has not yet atoned or paid for his horrendous crimes and the mass killings of the Red Terror. He now hopes to benefit from the sale of his book of lies. We strongly feel that this criminal should be tried before a court of law and should be hindered from benefitting from his crime. Thus, we have published the book in PDF and we are posting it for free usage of all interested readers.
The website operators defended their illegal copying and posting by claiming that they had a right to do so under American law:
Our action is protected by Son of Sam Law in the USA which prohibits criminals from profiting from their crimes by selling their stories to publishers. Accessories to such actions are also included in the prohibition and in certain cases the law can be extended beyond the criminal to include friends, neighbors and family members of the lawbreaker. Denying the holocaust is a crime in many countries and Mengistu denies firmly the Red Terror and the mass murders. Concerned Ethiopians are studying the possibility of a law suit against Mengistu and his LA based publisher who may also be a target of boycott by all Ethiopians. Assisting and helping mass murderers to profit from their crimes by publishing their book of lies is a crime by itself.
The illegal posting is allegedly motivated by the desire to prevent Mengistu from getting a “benefit from the sale of his book”, despite the fact that posting the digital copy of the book will give wider dissemination of what they described as a “book of lies”. Ironically, by posting the book online for all to read, the copyright infringers more likely gave great credibility to Mengistu’s claims about them than actually discrediting him. But the real target of the vengeance is the publisher, Tsehai Publishers, and not Mengistu. The copyright violators’ twisted message is simple: If they do not like the message of an author, they will retaliate by scanning and posting the author’s book online and bankrupt the publisher.
One can disagree deeply with Mengistu and the facts or lies contained in his memoir. Having read the book, I am critical of the accuracy and selective recollection of many of his “facts”; and disagree with his attempt to avoid personal and regime accountability for his gross violations of human rights. But that is the way of all dictators. They always try to tell their stories in heroic terms and attempt to justify their crimes as patriotic acts.
Although I disagree with Mengistu on numerous “facts” and unreservedly condemn his human rights record, I will be the first one to stand up and defend his right to write a book and publish it, even if it is all lies. To be sure, I defend Mengistu’s right to express himself just as vigorously as I defended the free speech rights of his successor Meles Zenawi when he spoke at Columbia University in September 2010. Why shouldn’t these two dictators be allowed to express themselves? Who is afraid of their “facts”, “lies”, ideas or opinions? Don’t the people have the right to hear these dictators and make their own judgment?
Article 19 of the Universal Declaration of Human Rights provides: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” “Everyone” includes dictators and human rights violators. It is the moral duty of those of us who are committed to freedom, democracy and human rights to expose the lies, fabrications and brutality of dictators at every opportunity. By suppressing the views of the dictators, we not only undermine our own moral legitimacy against their lies but also prove to the world that we are indeed their clones. “If we don’t believe in freedom of expression for people we despise, we don’t believe in it at all.”
Those who posted Mengistu’s book online are absolutely wrong on the law. The so-called “Son of Sam Law” they tout as authority for posting the book online was adopted in the State of New York in 1983 to prevent convicted criminals from selling their stories to publishers and profiting from the notoriety of their crimes. That law was declared unconstitutional by the U.S. Supreme Court in 1991. New York adopted a narrowly tailored law in 2001 requiring, among other things, victim notification whenever a person convicted of a crime receives a certain amount of money. A similar law in California was struck down by that state’s highest court in 2002. Under federal law (18 U.S.C. § 3681 (2000) [Special Forfeiture of Collateral Profits of Crime]), the U.S. attorney may seek a federal court order authorizing “forfeiture of all or any part of proceeds from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production…” There is no law in the United States that gives private parties the right to become “Special Prosecutors” to catch “mass murderers” who “profit from their crimes by publishing their book of lies” online, or violate the copyright of publishers in the name of preventing “mass murderers” from profiting. As a matter of law, no state or federal court has personal jurisdiction over Mengistu to deprive him of any “profits” he may get from the sale of the book. Even if such jurisdiction could be had, Mengistu would still be entitled to full due process of law before any court orders denial of proceeds from the sale of his book. Yes, dictators are also entitled to full due process before they are deprived of life, liberty and property.
Crimes Against Copyright Laws
The illegal posting of Mengistu’s memoir is not about lies, truths or criminals profiting from their crimes. It is about criminal infringement of copyrights. Since 1886, the Berne Convention for the Protection of Literary and Artistic Works “Berne Convention”, see Art. 2) has been in place to protect literary and artistic works. Under 17 U.S.C. §506 (a )(1 )(B), “Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed… (B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.”
The whole idea in copyright law is to give the creator of an original work exclusive intellectual property rights for a specified amount of time, which in the U.S. is the lifetime of the author plus 70 years. During this period, the owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and prepare derivative works based on the copyrighted work. Under the “fair use” rule, others may make limited use of the material for critical reviews of a work or for news reporting, teaching, scholarship, or research.
Crimes Against Culture
I suspect there may be some who are not familiar with Tsehai Publishers and the young man who has toiled so hard for so many years to create a publishing outlet to Ethiopian, African and other academics dedicated to scholarship on Ethiopia and the continent in general. Elias Wondimu started Tsehai Publishers in 1998. His aim was to create an institution that will “provide a venue for writers whose works may otherwise go unpublished.” Through these efforts, Elias hopes to achieve our goals of fostering intercultural dialogue and social justice.
Elias has an extraordinary and unrivalled record in seeking to enhance Ethiopian culture. He came to the U.S. in September 1994 to participate in the 12th International Ethiopian Studies Conference held at Michigan State University. Shortly thereafter, he began service as an editor for Ethiopian Review magazine, which appeared in print form until 2000. After closing out the print version of the magazine, he dedicated his time towards the establishing Tsehai Publishers, which is named in memory of his mother who died in Ethiopia in 1997. Over the past decade, Tsehai publishers, now based at Loyola Marymount University in California, has made available nearly 60 scholarly and literary works on a variety of topics, the vast majority of them concerned with Ethiopian and African affairs. The publications cover the entire political cross-section without partisanship and censorship.
Among the dozens of original scholarship and reprints of some classic works on Ethiopian and African history, politics, anthropology, sociology, economics, religion and culture include: Tradition & Change in Ethiopia (2010), Feudalism and Modernization in Ethiopia (2006), Wit and Wisdom of Ethiopia (1999), Enough with Famines in Ethiopia (2006), The Survival of Ethiopian Independence (2004), A Political History of the Tigray People’s Liberation Front (2010), A History of the Beta Israel (Falasha) (2010), Protestant & Catholic Missions in Orthodox Ethiopia (2007), Life and Culture in the Townships of Cape Town (2007), AIDS Orphans and their Grandparents (2006), Wax and Gold (2005), Civil Wars and Revolution in the Sudan (2005), Ethiopia in Wartime (2004). A complete list is available here.
In 2004, Tsehai Publishers established The International Journal of Ethiopian Studies (IJES), currently available on JSTOR, the international online system for archiving academic journals. A number of Ethiopian academics and scholars including myself and professors Maimire Mennasemay, Worku Negash and Alula Pankhurst have served as senior editors. IJES is an interdisciplinary, refereed journal which is published twice a year and dedicated to scholarly research relevant to or informed by the Ethiopian experience. IJES publishes articles in English and Amharic. The Journal’s mission statement explains that
IJES will, for the first time, provide Ethiopian scholars with an Ethiopian venue for reflecting seriously on Ethiopian issues from a scholarly perspective… One of the deepest obstacles to African (including Ethiopian) progress towards democracy and economic prosperity is the peculiar situation of Africans being reduced to an object of knowledge by contemporary social science. The absence of Africans, including Ethiopians, as self-examining, self-evaluating, self-defining, and self-propelling subjects of history [has resulted in our] total dependence on external (European and American) definitions, interpretations, explanations, evaluations of who we are and what our problems and their solutions are.”
Tsehai Publishers has also organized a number of number of national conferences covering a wide range of issues and topics and sponsored a film festival for young filmmakers. The list of Elias’ contributions to the intellectual life of the Ethiopian, African and international communities is significant and much appreciated.
Those of us who take great pride in what Elias has accomplished could be faulted for speaking very highly of him. Perhaps others who have looked at his efforts could offer a more objective assessment. Prof. Wendy Belcher of Princeton University writes:
Elias is doing something unusual and important. There are very few publishers from the African continent, and, in the U.S., there are [only] a handful which are run by Africans and are publishing African texts. For an Ethiopian to have a press is more appropriate than almost any other nationality. They’ve had a written language going back 3,000 years and have long been in the business of printing and preserving the written word. He’s in a long, honorable line.
Such is the contribution of Elias and Tsehai Publishers to the preservation, conservation and glorification of Ethiopian and African history and culture. Those who illegally copied and posted the book are not attacking the author of the book, but Elias and Tsehai Publishers. Their crimes are against the very essence of Ethiopian and African culture and those scholars and authors who spend years researching their works. All Ethiopians and Africans are victims of this cowardly crime.
It is important to know that Elias has brought great honor and pride to all Ethiopians. In 2007, he was named Ambassador for Peace by the Universal Peace Federation and the Interreligious and International Federation for World Peace to help establish lines of dialogue between African scholars, poets, historians, academics, aesthetes, journalists and scholars. In 2008, he was profiled in the inaugural edition of Who’s Who in Black Los Angeles along with such distinguished individuals as Steve Wonder, Tavis Smiley, Kobe Bryant, Isaiah Washington and Dr. Maulana Karenga. He was also profiled in a special edition of the LA Weekly as one the leading independent presses in Los Angeles. He has been interviewed on the Voice of America, National Public Radio, Deutsche Welle Radio, SBS Australia and other media on various cultural topics.
Let’s Right a CopyWrong: A Special Plea to All Ethiopians and Others Who Value a Free Press
This past week, the U.S. Congress considered two laws aimed at the type of copyright crime committed against Tsehai Publishers. The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (“PIPA”) would have allowed the U.S. Attorney General to require domain name registries to “suspend operation of, and lock, the domain name” of a website “dedicated to infringing activity.” The Stop Online Piracy Act (SOPA) would have expanded the ability of U.S. law enforcement to fight online trafficking in copyrighted intellectual property. While lawmakers wrestle with the issues, we can all do our part to support, protect and preserve a unique and irreplaceable institution in the Ethiopian/African Diaspora. Above all, we should defend the right to press freedom and free speech against not only dictators who shutter newspapers and close down publishing houses but also those who use copyright blackmail and the threat of financial bankruptcy against publishers.
Let us do the right thing!
Those who have downloaded the book in digital or print form aware or unaware of the criminality of the act should delete it permanently from your computers and discard the printed version.
Most importantly, we all need to show moral outrage by speaking out against such copyright criminality and moral courage by doing our part to support Tsehai Publishers for it is a treasure we cannot afford to lose.
On a personal note, I ask those who have followed my weekly commentaries and essays over the past six years to help me help Tsehai Publishers. I believe in Tsehai Publishers and fully support the efforts of Elias Wondimu and his associates who have toiled for years to make a gift of light (Tsehai) to all of us. It is a simple choice we face: We can do nothing and let darkness overwhelm our history, culture and future. Or we can do something and keep the sun shining brightly on Ethiopia, Africa and beyond!
From the International Slave Trade to the International Maid Trade
In the days of the Atlantic slave trade, the Middle Passage was the journey of slave trading ships from the west coast of Africa to the New World. Portuguese, British, French, Spanish, Dutch and other slave traders maintained outposts along the African coast to transact their business with their local slave raiding partners. Millions of African slaves were sold or traded for manufactured goods or raw materials. In the grueling journey, the slaves were often shackled and chained to the floor to gain maximum cargo capacity. Many died from disease, starvation, dehydration and suffocation. Many also committed suicide by jumping overboard. Those who resisted their masters were beaten and even killed. Plantation owners treated the slaves like cattle; and those working in the fields were often flogged and beaten. Female slaves were the objects of sexual desire and abuse by their masters. The law required runaway slaves (“fugitive slaves”) who escaped their bondage to be returned to their masters who punished them severely.
There is a Middle Passage of sorts taking place today from Ethiopia to the Middle East. It is what lawyer Khaled Ali Beydoun and others have described as the Ethiopian “Maid Trade”. Today a network of unscrupulous modern-day slave-traffickers (“human traffickers”) and “private labor employment agencies” operating under license by the ruling regime in Ethiopia transship thousands of young Ethiopian women to various parts of the Middle East to work as domestic servants in what amounts to “contract slavery” with little follow up and monitoring to ensure their well-being and welfare in their host countries.
The plight of Ethiopian women domestic workers in the Middle East has been documented in Bina Fernandez’s survey research (Ch. 7). In 2009, “over 74,000 people risked their lives to enter Yemen en route to Saudi Arabia, of which 42,000 were Ethiopians.” According to official data, 91% of the Ethiopian domestic workers in the Middle East were single women, 83% between the age of 20–30 age group, 63% had some secondary education, 26% were illiterate and 71% Muslim and 93% earned US$100–150 per month. Some of these women “officially registered with the government as a migrant worker”. Others “worked through illegal brokers who are viciously exploitative [and] often take the women’s money and sometimes abandon them in the desert before they even reach Somalia.”
The “Middle Passage” of Middle East “contract slavery” for the young Ethiopian women is unspeakably harrowing. Their working conditions are described as slave-like, except, as Beydoun argues, “Shackles and whips have been replaced by more inventive designs to dehumanize, suppress, and subsequently enslave persons for economic or sexual purposes.” Fernandez reported that the women live-in domestic workers she interviewed were “on-call 24 hours a day, 7 days a week, and working between 10 and 20 hours daily.” Some of the women pulled “double duty– that is, cleaning or doing laundry for a second household, usually a relative of their employer.” Most of these women got “only one day off a month, or no break at all.” Many of these women experienced “complete physical exhaustion” and often suffered “mental breakdown” unable to “tell what day of the week it was, or what time it was.” They faced extreme physical, mental and sexual abuse. In August 2011, the world witnessed the shocking video of Shweyga Mullah, a young Ethiopian woman who cared for two of Moammar Gadhafi’s grandchildren in Libya. Because Shweyga refused to beat one of the grandchildren, Gadhaffi’s daughter-in-law “tied her hand behind her back, taped her mouth and poured boiling water on her scalding her entire body.” She suffered first degree burns over her entire body. Extreme physical and sexual abuse of Ethiopian domestic workers is not uncommon elsewhere in the Middle East as documented by Al Jazeera in 2009 in the United Arab Emirates.
Fernadez further found that that “verbal abuse by employers is commonplace” including “racial insults and discriminatory behaviour (such as separate food and dishes for them) as is non-payment or underpayment of wages. To escape their conditions, some are forced to become “runaways”. They end up doing “live-out domestic workers, brewing and selling illicit liquor, or engaging in sex work.” But they are trapped. Fernandez explains, “Their lack of legal status makes them vulnerable to greater exploitation if they are detected, as they risk blackmail, imprisonment, and/or deportation. If they wish to leave voluntarily, they often have to pay highfines for exit visas.”
On the other hand, Beydoun argues that the young Ethiopian women trafficked in the “maid trade” in Lebanon are often clueless about “what their commitment entails, and the imminent risks and hazards they will likely endure during migration and employment.” They face enormous dangers including “overcharging of fees; debt bondage; falsification of documents; deception with regard to the nature and conditions of employment, contract substitution, exploitation and abuse, lack of preparation for employment abroad, including lack of predeparture training; forced/coerced recruitment, including being kidnapped or sold to illegal recruiters or traffickers; hazardous journey to the country of destination.”
Tears of the Ethiopian Maids
In a recent Youtube video, an unnamed young Ethiopian woman confronts a representative of the regime of Meles Zenawi in a meeting hall in the United Arab Emirates (UAE). The words of this young woman in the 2 minute video are so powerful, so overwhelming and so penetrating that the listener is brought to convulsive tears. She complains about the mistreatment and dehumanization she and other maids continue to face in life and in death in the UAE, and laments the depraved indifference of her “government” to speak up, defend and protect them from gross abuses of human rights.
…. If we run away from [our abusive employers], there is a chance we can die. There is a woman who tells us to run away. But they don’t help us. If [we] run away, we need money to pay for rent and food. [We] don’t have to run away. As much as possible, it is better to help [us]. When we live in this country [UAE], sometimes we die. Many of us are buried here. Why must an Ethiopian be buried in the Emirates? Why is that our government does not check on us, follow up on our conditions, ask about us? Why should I be buried in a foreign country? It does not matter if we are Christian or Muslim. This question has deprived me sleep. When I bow to pray, I have not been able to do so properly. Only God knows. All I do is cry. Even our dead bodies must not be buried in this country. [There was a domestic worker accused of killing her employer.] It is possible she may have done something wrong. Her government should stand and defend her and advocate for her. She should be punished as appropriate [if she is guilty] by her family or the law… We learned [within a few days of her arrest] that she was killed by the authorities [in the Emirates].
As she concluded her statement, this young woman cries out in pain, her voice quivering, tears in her eyes and pleading for an answer from someone, anyone:
Where is Ethiopia’s flag? I can’t take it anymore. I can’t take it anymore…!!!!
It was enough to make a grown man cry. It would be impossible to find a more patriotic, resolute, unwavering, steadfast and true-to-the-core Ethiopian than this young woman!! When those who have a chokehold on power declare with depraved indifference that “Ethiopia’s flag is a piece of rag”, this unnamed young Ethiopian woman cries her heart out looking of her lost Ethiopian flag. Bless her heart!
The Response of Zenawi’s Regime – Blame the Maids!
The response of Meles Zenawi’s regime to the plight of these women is morally calloused and depraved. Fernandez reported: “The term ‘runaway’ was used in a pejorative sense by one Ethiopian government official and several of the PEA [private employment agency] representatives during interviews, to describe these women as delinquents who abandon their contractual responsibilities because they do not want to work hard, and want an easy life.” Beydoun argues that the ruling regime’s efforts to combat trafficking in Lebanon were symbolic and ineffective despite the fact that an inter-agency anti-trafficking task force had been established to deal with the problem. He concluded, “Trafficked women are particularly vulnerable where their own governments fail to adequately protect them.”
Since 1998, Zenawi’s regime has put in place a “Private Employment Agency Proclamation No. 104/1998”, which provided for licensing of private employment agencies and the prosecution of illegal brokers. In 2009, this Proclamation was repealed and updated by the “Employment Exchange Services Proclamation No. 632/2009”, which required private employment agencies, among other things, “not to recruit a job seeker below the age of 18 years; not to terminate the contract of employment before acquiring the consent of the worker in writing, get approval from the Ethiopian embassy or consular office to form a new contract or to modify the existing one, register a worker sent abroad, within fifteen days, with the nearest Ethiopian embassy or consular office.” The “private employment agency which sends workers abroad” is mandated to ensure that the working conditions in the host country not “be less favorable to an Ethiopian than the rights and benefits of those who work in a similar type and level of work in the country of employment.” The foreign employer is required to pay the “visa fee of the country of destination, round trip ticket, residence and work permit fees and insurance coverage” for the worker. Moreover, “any private employment agency which sends a worker abroad for work” must deposit cash or post bond in the minimum amount of USD$30,000 for up to 500 workers “for the protection and enforcement of the rights of the worker.”
The real penalty for violation of the Proclamation No. 632 is suspension, revocation or cancellation of license of the employment agency. Though various stiff criminal penalties are provided in Article 40, there is little evidence of serious prosecution of human traffickers. According to a 2010 State Department report, “Between March and October 2009, the [Federal High Court’s 11th Criminal] bench heard 15 cases related to transnational labor trafficking, resulting in five convictions, nine acquittals, and one withdrawal due to missing witnesses. Of the five convictions, three offenders received suspended sentences of five years’ imprisonment, two co-defendants were fined, and one offender is serving a sentence of five years’ imprisonment.”
Similarly, according to a 2011 UNHCR report, “The [Ethiopian] government showed only nascent signs of engaging destination country governments in an effort to improve protections for Ethiopian workers and obtain protective services for victims.” Moreover, “although licensed employment agencies must place funds in escrow in the event a worker’s contract is broken, the Ministry of Foreign Affairs has never used these deposits to pay for victims’ transportation back to Ethiopia.” But the regime has readily come to the rescue of other victims of human traffickers according to the same UNHCR report: “In 2010, Ethiopia granted asylum to 1,383 Eritrean refugees deported from Egypt, many of whom claim to have been brutalized by Rashaida smugglers operating in the Sinai – including conditions of forced construction labor – or have fled Eritrea to escape situations of forced labor associated with the implementation of the country’s national service program.” While it is noble and morally commendable to assist any victim of human trafficking and human rights abuse, it is also true that charity begins at home.
What Can Be Done to Help Ethiopian Women Caught Up in the “Maid Trade”?
The international movement of labor is a fact of international life. For a poor country such as Ethiopia where unemployment is high, workers who migrate abroad are a source of much needed financial support for their families, and a source of remittances for the country in the hundreds of millions of dollars annually. But slavery, by any other name including contract slavery”, is still slavery. It is just as cruel, oppressive, exploitive, dehumanizing and degrading. These women are extremely vulnerable and have no rights and no means of support to vindicate their rights. Various commentators have argued that the demand for Ethiopian domestic workers will continue long-term as they are considered cheaper and more obedient. In other words, they are considered “model maids” who put up with a lot of abuse in quiet desperation.
One can point to international legal and moral obligations to help out these women and effectively combat human trafficking camouflaged as migrant labor. Among the relevant Conventions and protocols include: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, the Convention on the Elimination of all Forms of Discrimination Against Women and the United Nations Convention Against Transnational Organized Crime and its two related protocols. Discussion of legal and moral state obligations under these Conventions would be an exercise in futility. Talking law to those who sneer and thumb their noses at the rule of law is a waste of time. So is making a moral plea or appealing to conscience as both presuppose the existence of a moral plane of discussion. All that can be done is explain what can be done!
If the problem of “contract slavery” in the Ethiopian “maid trade” is going to be addressed effectively, serious criminal investigations and prosecutions must be pursued against violators. The aggressive crackdown that has long been directed at the independent press in Ethiopia should be re-directed to the gangs of criminal human traffickers. Various scholars and researchers have offered effective recommendations to deal with the problem including the provision of domestic skills training in a Middle Eastern context to Ethiopian women in attempt to lessen their vulnerability, working with NGOs as partner organizations to monitor their working conditions and working with host countries to make it easy for these workers to use the banking institutions. Some have suggested ways of improving access to the criminal justice system of the host country by providing a confidential complaint reporting process for abuse and wage payment related issues and legal assistance, expanding victim services such as shelters and hotlines engaging civil society and faith-based groups to offer assistance. There are lessons to be learned from the experiences of other countries such as the Philippines which maintains an Overseas Employment Administration Agency to secure the interests of Filipino workers throughout the world.
Slavery By Any Other Name
Slavery was not abolished in Saudi Arabia and Yemen until 1962. A year later it was abolished in the United Arab Emirates (UAE). In the 1950s, Saudi Arabia had an estimated 450,000 slaves, nearly 20 percent of the population. Perhaps it should come as no surprise that “contract slavery” of domestic servants continues in these countries. The deep tracks of slavery do not vanish easily in the desert sand in a mere 50 years. The vast majority of the Ethiopian domestic workers end up in these three countries. In 2009, “over 74,000 people risked their lives to enter Yemen en route to Saudi Arabia, of which 42,000 were Ethiopians.” The “kafala” or sponsorship system in the Gulf States gives disproportionate power to the sponsor (employer) in the “contract” relationship. If the worker breaks her contract, she bears the cost of her return ticket and will likely pay fines and pay debts to the employment agency that arranged the sponsorship. There is no running away from “contract slavery” particularly since the migrant worker is required to surrender her passport (if legally in the country) to the employer. Through the maids may be able to run away from their cruel employers, they cannot hide. They are frequently arrested as fugitive workers, not unlike fugitive slaves of yesteryears. Unable to change their circumstances, these women endure in quiet desperation often for years.
Slavery by any other name is still slavery. In truth, there can be no “contract slavery” since only free men and free women can enter into any contracts, which leaves many of the Ethiopian women domestic workers as nothing but slaves and at best indentured servants. Article 4 of the 1948 Universal Declaration of Human Rights guarantees that “No one shall be held in slavery or servitude, slavery and the slave trade shall be prohibited in all their forms.” We must all do what we can to help our Ethiopian sisters to rise up from “contract slavery”!
“Where is Ethiopia’s flag?”
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ and http://open.salon.com/blog/almariam/
It would be hard to find a better symbol of media repression in Africa than Eskinder Nega. The veteran Ethiopian journalist and dissident blogger has been detained at least seven times by Prime Minister Meles Zenawi’s government over the past two decades, and was put back in jail on September 14, 2011, after he published a column calling for the government to respect freedom of speech and freedom of assembly and to end torture in prisons.
Eskinder now faces terrorism charges, and if convicted could face the death sentence. He’s not alone: Ethiopia currently has seven journalists behind bars. More journalists have fled Ethiopia over the past decade than any other country in the world, according to CPJ.
Eskinder could easily have joined them. In February 2011, he was briefly detained by federal police and warned to stop writing critical stories about Ethiopia’s authoritarian regime. The message was clear: it’s time to leave. Eskinder spent part of his childhood in the Washington D.C. area, and could have returned to the U.S.
He didn’t. Instead he continued to publish online columns demanding an end to corruption and political repression and calling for the security forces not to shoot unarmed demonstrators (as they did in 2005) in the event the Arab Spring spread to Ethiopia. That’s landed him back in jail–where he could remain for years in the event he avoids a death sentence.
Since then a group of journalists, authors and rights activists have organized a petition calling for the release of Eskinder and other journalists unjustly detained by Ethiopia’s government. Among the signatories are the heads of the U.S. National Press Club, the Open Society Foundations, Human Rights Watch and the Committee to Protect Journalists.
The petitioners also include Maziar Bahari, the Newsweek journalist jailed by the Iranian government for four months in 2009; three former BBC correspondents in Ethiopia; development economist William Easterly; the Christian Science Monitor‘s Marshall Ingwerson and others.
The campaign also included a letter published in The New York Review of Books, contacts with the U.S. State Department, press releases, and media interviews. Still, making an impact is difficult. Eskinder was just one of 179 journalists jailed worldwide as of December 1, 2011, according to CPJ data. In addition, Ethiopia is viewed as a strategic partner for the West in combating terrorism and instability in East Africa, making Western governments less likely to press Zenawi on human rights abuses.
People have asked me why we should try to help someone who could have saved himself by fleeing the country. It’s a good question. I suspect that even if he were to be released tomorrow, Eskinder would stay in Ethiopia and continue writing and publishing online–at the risk of being thrown back in jail.
After all, this is a reporter whose wife, journalist Serkalem Fasil, gave birth while they were both in jail following the 2005 elections. When they were released in 2007, Serkalem and Eskinder were banned from reopening their newspapers. To survive, they rented their house in central Addis Ababa to a team of Chinese telecom workers and moved to a poor neighborhood on the outskirts of the city.
Like many good journalists, Eskinder is stubborn to a fault. Standing for free speech in Ethiopia can seem a Sisyphean task, but if Eskinder is principled enough to risk more years in jail – and possibly the death sentence – it’s our obligation to stand with him.
There is a Middle Passage of sorts taking place today from Ethiopia to the Middle East. It is what lawyer