“Bondage” is the state of being bound by or subjected to some external power or control. When people are bound by debt, they are in “debt bondage”. When they are held in involuntary servitude, they are in “bondage slavery”. Before much of Africa became “independent” in the 1960s, Africans were held under the yoke of “colonial bondage”. “International aid” addiction has transformed Africa’s colonial bondage into neo-colonial bondaid. Could it be reasonably argued that Africans are sinking deeper and deeper into a quicksand of “bondaid” (to coin a new word) in the second decade of 21st Century?
In 1989, Graham Hancock wrote the “Lords of Poverty” scrutinizing the international aid “industry” including U.N. agencies, USAID, the World Bank and the IMF. His withering criticism infuriated many in the “international aid bureaucracies”. But his incisive analysis could not be easily dismissed. His basic argument is that international aid “has financed the creation of monstrous projects that, at vast expense, have devastated the environment and ruined lives; it has supported and legitimised brutal tyrannies; it has facilitated the emergence of fantastical and Byzantine bureaucracies staffed by legions of self-serving hypocrites…” It is a “a waste of time and money” and harmful to poor recipient countries ($60 billion in 1989). “Aid is not bad because it is sometimes misused, corrupt, or crass; rather, it is inherently bad, bad to the bone, and utterly beyond reform…. It is possibly the most formidable obstacle to the productive endeavors of the poor. It is also a denial of their potential, and a patronising insult to their unique, unrecognised abilities.”
Hancock views “international aid” as an elaborate “game” in which “public money levied in taxes from the poor of the rich countries is transferred in the form of ‘foreign aid’ to the rich in the poor countries; the rich in the poor countries then hand it back for safe-keeping to the rich in the rich countries.” He debunks the myth that “international aid works” and “must not be stopped because the poor could not survive without it.” He argues that “if the statement that ‘aid works’ is true, then presumably the poor should be in a much better shape than they were before they first began to receive it half a century ago. If so, then aid’s job should by now be nearly over and it ought to be possible to begin a gradual withdrawal without hurting anyone.”
The message of Hancok’s analysis is that the lords of poverty make up an invisible army of faceless, nameless, heartless, thoughtless, merciless, gutless, clueless, conscienceless and feckless “international civil servants, development experts, consultants and assorted freeloaders” unleashed on Africa to perpetuate and sustain a culture of poverty and beggary. Hancock points out
… the ugly reality is that most poor people in most poor countries most of the time never receive or even make contact with aid in any tangible shape or form: whether is it present or absent, increased or decreased, are thus issues that are simply irrelevant to the ways in which they conduct their daily lives. After the multi-billion-dollar ‘financial flows’ involved have been shaken through the sieve of over-priced and irrelevant goods that must be bought in the donor countries, filtered again in the deep pockets of hundreds of thousands of foreign experts and aid agency staff, skimmed off by dishonest commission agents, and stolen by corrupt Ministers and Presidents, there is really very little left to go around. This little, furthermore, is then used thoughtlessly, or maliciously, or irresponsibly by those in power — who have no mandate from the poor, who do not consult with them and who are utterly indifferent to their fate. Small wonder, then, that the effects of aid are so often vicious and destructive for the most vulnerable members of human society.
A decade later in 2009, Dambissa Moyo, echoed similar views: “Aid is an unmitigated political, economic and humanitarian disaster…. Over the past 60 years at least $1 trillion of development-related aid has been transferred from rich countries to Africa. Yet real per-capita income today is lower than it was in the 1970s, and more than 50% of the population — over 350 million people — live on less than a dollar a day, a figure that has nearly doubled in two decades…”
Hancock indicts the international aid industry as unaccountable, smug, detached, self-aggrandizing and paternalistic:
… At every level in the structure of almost all our most important aid-giving organisations, we have installed a tribe of highly paid men and women who are irredeemably out of touch with the day-to-day realities of the … underdevelopment which they are supposed to be working to alleviate. The over-compensated aid bureaucrats demand — and get — a standard of living often far better than that which they could aspire to if they were working, for example, in industry or commerce in the home countries. At the same time, however, their achievements and performance are in no way subjected to the same exacting and competitive processes of evaluation that are considered normal in business. Precisely because their professional field is ‘humanitarianism’ rather than, say, ‘sales’, or ‘production’ or ‘engineering’, they are rarely required to demonstrate and validate their worth in quantitative, measurable ways. Surrounding themselves with the mystifying jargon of their trade, these lords of poverty are the druids of the modern era wielding enormous power that is accountable to no one…
BondAid: “Legitimizing Brutal Tyranny in Ethiopia”?
My reference to Hancock’s book above is not merely academic. I have been following reports on therecently announced $1.54 billion USAID assistance program in Ethiopia and studying other USAID reports on Ethiopia in light of Hancock’s arguments or hypotheses on the role of “international aid” in “legitimizing brutal tyrannies in Africa”. Is there an unhealthy bonding between dictators and donors?
Thomas Staal, the USAID Mission Director in Ethiopia, said the $1.5 billion assistance program “will transform our relationship with Ethiopia from one of assistance to one of economic and social cooperation, trade and investment.” In 2011-2012, “USAID assistance grants to Ethiopia will total USD 675 million” and support four specific priority objectives, including “education, health, agriculture and good governance”.
The fourth objective of “strengthen[ing] good governance practices for improved social accountability and conflict mitigation in programs in every sector” is the focal issue here. Could the $1.54 billion in USAID assistance serve to legitimize the brutal tyranny of Meles Zenawi and undermine the establishment of “good governance” in Ethiopia?
In an interview Stall gave before his reassignment to Bagdad, Iraq last week, he made the stunning admission that “with respect to political participation, we have not done a good job. Specifically, with respect to the election that took place two years ago, we have not done much to promote democracy. Customarily, USAID in various countries engages in election education with non-governmental organizations. It works to empower all political parties without preference. We support the local media to analyze elections and give information to the voters. But all these things are prohibited in [Ethiopia]. This is a hard situation that causes us to despair. We will try to talk to the government authorities…” (Frankly, one could get the “government authorities” to listen good and hard by practicing the old saying, “money talks and… walks.”)
In March 2012, USAID Ethiopia published a 72-page Country Development Cooperation Strategy (CDCS) (2011-2015) report entitled“Accelerating the Transformation Toward Prosperity”. The following excerpts from the CDCS report are offered below to the reader to undertake a preliminary evaluation of Hancock’s hypothesis on the relationship between “international aid” and the legitimization of tyranny, particularly in Ethiopia.
… After the shock of the relatively free elections in 2005, in which the EPRDF drastically overestimated its popularity, much democratic ground has been lost. Subsequently, the opposition groups were divided and crushed, and the size and control of the ruling party was increased immensely. Legislation was introduced to limit and control the space for civil society and media, and wide powers of arrest were included in the “anti-terrorist” legislation. In 2010 the ruling party “won” 99.6% of the Parliamentary seats… (p. 8.) Limited political space, crushed opposition, 99.6 per cent win of parliamentary seats in 2010, wide powers of arrest and still pouring in $1.5 billion in aid? $3.8 billion in total development assistance in 2009?
… In the areas of democracy, governance, and conflict resolution, USAID is already working well with the Ministry of Federal Affairs (MoFA) on conflict management, mitigation and reconciliation issues,… Now that the May 2010 elections are over, there is an apparent relaxation of political harassment, and a major opposition detainee has been released… (pp. 11-12.) Apparent relaxation of political harassment? A major opposition detainee released? Forgot the thousands of political prisoners, hundreds of journalists, dissidents and opposition leaders rotting in Zenawi’s dungeons? …
The strong donor consultation and coordination on the critical issues of democracy and governance has not always resulted in a willingness to take a strong, united stance against clear abuses of constitutional commitments, legislation, or democratic processes. The DAG [Development Assistance Group] includes the World Bank, UNDP, DFID, CIDA, UNICEF, EU, SIDA, Ireland and Germany among others… (p. 13.) No willingness to take strong, united stance against clear abuses of constitutional commitments because…?? Say what!?!
(In October 2010, I wrote a weekly commentary entitled, “Feed Them and Bleed Them” and observed, “Huddled together in DAG-istan, the poverty pimps have collectively resolved to continue to do their usual aid business in Ethiopia because “broad economic progress outweighs individual political freedoms”.)
… Largely as a result of USAID support, first state and local governments and finally national level institutions (particularly the Ministry of Federal Affairs) are abandoning inclinations to respond to local conflict primarily through security forces, and are increasingly developing and applying capacities to assist conflicted communities with local government support to negotiate and consolidate local peace agreements and ensure that their own administrative actions at a minimum “do no harm.” …On the practical side, the GOE is making progress through the gradual rolling out of its “good governance” trainings around the country…” (p. 55.) Excuse me, but is “good governance training” for brutish dictators the same as obedience training for vicious dogs?
… The donor community is torn between the competing objectives of engaging with and assisting Ethiopia as a high profile example of poverty and vulnerability to famine, and addressing the major challenges and constraints to democratic space, human rights abuses, and severe restrictions on civil society and constitutionally guaranteed freedoms of speech, association and access to information. The GOE does not make this any easier, waveringbetween seductive and sophisticated rhetoric on development and economic topics on the one hand, and political repression, state dominance over the economy, and outright downplaying of humanitarian emergencies on the other hand. Added to this double-edged sword is the GOE‟s extreme sensitivity to any direct or even implied criticism, and its willingness to actively punish the criticizer, including members of the international community… (p. 53.) Ah! Beware the seductive and sophisticated rhetoric of the silver- tongued devil with an angelic voice, as Shakespeare might have cautioned.
… In the absence of competitive elections and other democratic processes, governance that is responsive to the aspirations and needs of its citizens and the knowledge and perspectives of stakeholders provides an important alternative release mechanism for political frustrations that have no other constructive outlet… Ethiopia’s new five year GTP [Growth and Transformation Plan] contains explicit commitments and targets to improve governance. However, traditions, capacities and resources to conceptualize and implement bottom-up accountability are lacking in a country where good governance was not a high priority during the imperial and communist periods and is only becoming a priority but constrained within the ideology of Revolutionary Democracy… (p. 58.) After 21 years of Zenawi’s iron-fisted rule, still blaming H.I.M. Haile Selassie and the Derg for the withering of democracy in Ethiopia? Give me a break!
…Understanding that faith in the efficiency and impartiality of the justice system is a key factor in the risk calculations that govern investment decisions by the private sector, individuals and donors,… Another concern is that politically favored businesses or sectors are able to leapfrog over methodical and inclusive planning processes and legally required contracting procedures. Expectations are more modest here, recognizing that the system itself is thoroughly under the control of the ruling party. The Mission will develop programs that promote the rule of law for sustainable development practices… (p. 59.) Modest expectations for justice and democracy because the system itself is thoroughly under the control of the ruling party! Heard that!
… USAID/Ethiopia recognizes that there is no policy space to conduct programs focused on competitive elections. Instead, the Mission will focus primarily on tackling the deeper issues of governance by aligning its focus with the achievement of the OE’s GTP sustainable development goals and commitments to improve accountable governance and conflict reduction… (p. 61.) So reward dictatorship with more money, mo’ money and mo’ money?
…With the increasing ‘land giveaways’ to private, foreign agricultural investors, policy efforts will be undertaken… to support land use planning and natural resource management thatavoids displacement of existing communities and helps ensure balanced development… (p. 19.) Increasing ‘land giveaways’ to private, foreign agricultural investors! Heard that!
Back to 2004: The Good Old Days of Telling It Like It Is!
… Ethiopia does not stand at this precipice of food insecurity and instability alone. And, it did not get there by itself. Ethiopia, its neighbors and its development partners have collectively failed to break the downward spiral of hunger, poverty and recurring food crises, which is a critical first step in improving the health and economic conditions of present and future generations of Ethiopians…. [S]uccessfully addressing this challenge will require Ethiopian leadership, commitment and the will to change.Evidence on Ethiopia’s performance is compelling and clear. The country has performed badly over the years, even relative to most other African countries, and to East Africa specifically. Gross per capita incomes are a fifth of the African average, declining about 40% between 1990 and 2000 ($160–$100), relative to a smaller decline of 13% for sub Saharan Africa. The poor performance of the economy is not due to drought, but results from the weak economic policies of the country over a sustained period—characterized by low rates of investment in economic growth and agriculture by both government and the commercial private sector, low levels of capacity, and low rates of agricultural and nonagricultural growth. In turn poor economic performance has led to worsening social standards, and created an increasingly fragile state that lacks the resiliency to manage through shocks (environmental, economic, political) that induce crises… (p. 5.)
In May 2012, Rajiv Shah, the current USAID Administrator moderated the G8 Food Security Summit in Washington, D.C. In his ingratiating introductory remarks to Zenawi, (grandiosely stroking Zenawi’s ego) and using the usual “mystifying jargon” of the international aid industry, Shah inquired:
… So many people have associated a mental image of hunger with Ethiopia and at the same time because of actions in the public sector maintaining strong public investment in agriculture you were able to protect millions of Ethiopians during the recent drought from needing food aid and food assistance. Could you speak to, even as we are launching a new food alliance, to engage the private sector, could you speak to some of the comments you have shared with us privately how important it is we live to our commitments to invest in public investment, in public institutions?
Ethiopia has been the recipient of all kinds of aid from the U.S. over the decades. She has received “economic aid”, “development aid”, “military aid”, “technical aid”, “emergency aid”, “relief aid”, “humanitarian aid” and aid against AIDS. She has also received “BandAid” and “LiveAid” from others. Today, Ethiopians are afraid. They ask, “Is Ethiopia permanently trapped in “bondaid!?!” They pray for deliverance from the twin Lords of Tyranny and Poverty!
Postscript
In all of Africa, USAID arguably has the largest aid program in Ethiopia. There are some who are skeptical about USAID’s claims of program effectiveness in Ethiopia. One can fairly judge the efficacy of USAID programs and the credibility of its asserted achievements in Ethiopia when the facts and data are made available for critical analysis and evaluation by intra-institutional authorities and other concerned communities. Unfortunately, facts and data appear to be the Achilles Heel of USAID/Ethiopia. This issue was made clear to USAID mission director Staal in 2010 by the Regional Inspector of the U.S. State Department Office of the Inspector General in his “Audit of USAID/Ethiopia’s Agricultural Sector Productivity Activities (Audit Report No. 4-6663-10-003-P (March 30, 2010)”. In that Report, the regional inspector informed Staal:
…The audit found the program is contributing to the achievement of market-led economic growth and the improved resilience of farmers, pastoralists, and other beneficiaries in Ethiopia. However, it is not possible to determine the extent of that contribution because of weaknesses in the mission’s performance management and reporting system. Specifically, while the mission used performance indicators and targets to track progress in several areas…, the results reported for the majority of those indicators were not comparable with the targets. Moreover, the audit was unable to determine whether the results reported in USAID/Ethiopia’s Performance Plan and Report were valid because mission staff could neither explain how the results were derived nor provide support for those reported results. In fact,when the audit team attempted to validate the reported results, it was unable to do so at either the mission or its implementing partners (pages 6-12)…
While some may rely on intuitive analysis and inferences from anecdotes to draw conclusions about USAID/Ethiopia, I much prefer evidence-based policy analysis. Hopefully, that body of evidence will be made readily available not only to dispel doubts, discredit rumors and enlighten critics of USAID/Ethiopia, but most importantly, to enhance and reinforce “the growing emphasis within USAID on transparency, accountability, and results.”
Amharic translations of recent commentaries by the author may be found at:
Ethiopia, Ato Meles and his health. By Yilma Bekele
Ato Meles Zenawi, Chairman of Tigrai People Liberation Front (TPLF) and Prime Minster of the Federal Democratic Republic of Ethiopia is not in good health. I became aware of that fact after watching the video of a news clip made during his meeting with the President of China at the G8 meeting in Mexico. The last time we saw Ato Meles was during President Obama’s food conference and he was in perfect health. In fact he looked jovial with a new haircut and was dressed in his customary five to ten thousand dollars Italian or English suit. That was until Ato Abebe Gelaw of Ethiopian Satellite Television (ESAT) gave him the scare of his life and he was forced to flee the continent. Things have not been the same ever since.
When he surfaced in Mexico it was obvious he had some medical issues in the interim period. His expensive clothes did not fit him right, his face was ashen and hollow and it was clear he has lost plenty of weight. I was forced to conclude we got a problem. Normally the fate of one individual should not be such a source of drama or wild speculations. But Ato Meles is not just another Ethiopian. He is the Country, Nation and people all rolled in one. The state of his health and well-being is not just idle speculation. His friends, Party or those close to him are not forthcoming with the cause of his illness. We are left to speculate, guess or are being forced to search for a fortuneteller and reduced to read the remains of his coffee cup or consult a palm reader.
We do that because whatever happens to him affects all of us in one-way or another. In the Western countries the health of the leader is an official record. If the leader dies or is incapacitated there are rules and systems set in place to assure smooth transition. Most African countries including ours lack that. In our case there has not been a natural and predictable manner of passing the mantle of leadership. In fact the last four instances have been a source of agony for the unfortunate leader in power and our poor Nation. That is why Ato Meles’s health is an issue we should all fret and worry about. We definitely do not want a surprise.
I am sure his family is worried. His friends are concerned. His Party is alarmed. The Ethiopian people are watching this drama with keen interest. No one wishes him ill but I doubt any body in Ethiopia is praying for his recovery either. It is fair to say the whole Nation is trying to figure out what his untimely demise will bring to our poor old country. What ever ails him is not a simple disease. That is why he is being cared for in Europe with top-notch specialists in an expensive private hospital. No amount of money will be spared to keep the green reaper at arms length.
Sooner or later we all die. We just do all we can to make it later than sooner. Our state of health and longevity is affected by all kinds of factors including a few we have no control on. Genetics, style of life and pure luck plays a big role. We try to eat right, exercise and avoid stress to increase our odds of a long happy life. There are a few things we know about the ‘Leaders’ life style to be able to make an educated guess on what is ailing him.
We know that he smokes, that is cigarettes. We are told that he enjoys chewing Kat with his buddies. His politburo friends are known to enjoy expensive liquor thus we can safely assume that he probably joins them in this past time. All three habits are considered forms of substance abuse and have ramifications on vital organs such as lung, heart and liver. It is fair to say that the last few years, palace living has resulted in weight gain resulting in added girth.
Most leaders keep a busy schedule and have no time for exercise. We know that Ato Meles is studying for his PhD in addition to his duties as the Prime Minster and that leaves him with no time for the gym. We have heard antidotes about his tennis matches but judging from the way he came down the airplane steps during his trip to Philadelphia to one of his meetings one can tell he is not in good shape. He was laboring to walk down while his agile wife descended swiftly even in her high heels.
There is no proof that Ato Meles is suffering from a terminal illness. On the other hand there is no information to say that he just caught the common cold either. As I said due to the nature of the totalitarian system that values secrecy we are left to speculate. We worry and stress because history teaches us that the demise of a dictator, which Ato Meles is, brings all sorts of unforeseen complications on the Nation they leave behind.
Whether they commit suicide like Hitler, are hanged like Mussolini, die in their sleep like Stalin, face a firing squad like Ceausescu and wife, hunted down, sodomized, pistol whipped and shot like Gadaffi or face the International court of justice like Charles Taylor dictators all leave a trail of destruction behind them. That is why Ato Meles’s illness becomes our concern and worry. We think about it to try to figure out how to avoid chaos due to a power vacuum.
This sort of power vacuum attracts all kinds of good and bad characters that would want to capitalize on the empty space created and might be tempted to fill it with something other than people’s power. We do not want that. So what are the forces arrayed to replace the one man, one party rule currently dis-functioning in the land of the Abeshas?
The TPLF party is the premier center of power. Ato Meles and his associates control the Military, security service, the mass media and the economy. What is there left is a good and valid question. Technically Ato Meles is the de-facto head of all these powerful organizations. He is a hand on manager. The different entities are foreign to each other but all report to him. That is how one-man dictatorship works. Some countries like China practice group dictatorship. The Central committee of the ruling Communist Party functions as a group. While others like North Korea or Ethiopia rely on the benevolence of a single individual. The question arise is the TPLF Party capable of functioning as a single entity without the head? Or would the different departments that were designed to look at each other with suspicion coalesce to form a united front? It is highly doubtful.
There are various centers of power within the organization. Queen Azeb the wife is in charge of the economic section. Due to her high visibility and negative press any one group is willing to sacrifice her to save their skin. The internal security is a force to recon with. Would the Generals trust this hi tech mercenaries is a question to consider. The original TPLF functionaries like Sebhat or Abbay are rendered toothless but still operate behind the scene. Why any self respecting Woyane will ally with these old fashioned kitchen conspirators is something to think about. The new upstarts like Tewodros Adhanom or launderer Gebre Kristos have their feet on both camps always ready to abandon ship if the situation heats up. No one trusts the duo. The likes of Seyoum will not come back for all the tea in China.
The military is the most logical center of power that is capable of using force to usurp power. In the current situation of Ethiopia that scenario is a little complicated. Due to the nature of the use of ethnic affiliation used by Ato Meles the military is not a cohesive force. All the top leaders and commanders are from one ethnic group while the rank and file is a reflection of the country. It is fair to say both OLF and G7 are present and functioning creating further uncertainty. Uncertainty is not good for conspiracy. The role played by the top Generals in the economy has isolated them from the average solder. Is it a professional army or peasants in uniform is a valid question. Does one fight to attain power or save his investment creates split personality.
I don’t mean to forget those organized as EPRDF. There are plenty but the Amhara and Oromo stand out at least on paper as the most likely group that will refuse to die quietly. Their puppet leaders are faced with a real dilemma. Divorced from their people they have no base to appeal to. Rendered powerless by design they have no army or security to fall back on. The TPLF mafia that is running them now does not harbor any respect towards their outfit or intends to include them in the deliberations. They are left between a rock and a hard place. For all practical purposes it is easier to ignore and discard them.
Where does the opposition fit in this picture is a good question. The major opposition, the nightmare of the ruling group is of course Ginbot7. G7 is the enemy they know is around but are unable to touch and feel. It is the cause of their blind fury. I will take their word for it G7 is everywhere. Of course G7 could be the figment of their imagination, the result of their paranoia then again why would they allocate so much resource to hunt down a ghost? In my humble opinion G7 is EPRP and Kinijit on testosterone! We all know what those two groups are capable of.
There is also the on and off legal opposition. That is a tricky animal to deal with. At the moment Andenet is the only one with any amount of dignity and respect. The Ledetus and the Chammisos are rendered useless and will most probably hide out the chaotic period and pray for dear life since all opposition groups will be hunting them down for the stray dogs they have become. That leaves us with the Beyenes the Meraras and the Hailus, the darlings of the civilized West. Those are the people our benefactors will try to parade out and use. They will become pictures of civil society. Believe me they will play their choreographed part to the hilt. They cooperated and served Ato Meles, no reason to think they will be allergic to the West for a promise of visibility and fist full of dollars.
The West led by the US is the wild card in this scenario. They very much like stability and the status quo under their guidance. Their interest at the moment is having a strong foothold in the Horn of Africa to prepare for the coming war for resources. Governments like the TPLF mafia are their preferred arrangement. A weak and divided country is their choice. I do not think they go out of their way to create those conditions but on the other hand they do not discourage such reality. Our neighborhood is a fertile ground for contention by the big powers. Except for Kenya and Tanzania we are surrounded by weak, divided and civil war prone countries that exist from day to day with no guarantee of tomorrow. The US, the Europeans or the Chinese are not about to discover their moral compass and save us from our selves. Expecting them to do so is the height of foolishness or a result of extreme poverty of self-esteem.
As I write this Ato Meles is in Europe being healed and the factions he left behind are shell shocked and in a daze. A few will have some reliable information but the vast majority will be operating in the dark trying to figure out this brand new reality in the midst of dis information, mis information and foggy information. Plenty will be sending their family to far away places and moving vast amount of money out of the country. Some will lock their doors and hunker down until the storm settles while a few will search for new alignments and future partners. The kilils will take the opportunity to assert their newfound power and create further complications to the beleaguered party. It is possible organized criminal elements will take advantage of the uncertainty and intensify such activities as bank robbery and hijackings. The Amharic saying ‘ye wedke zaf mesar yebezabetal.’ Is being played live in our country. It is highly possible the different factions will begin to duke it out prematurely. It is conceivable they will end up doing the dirty part of the job for the rest of us. As I see it not matter what this down ward spiral will continue for the forcible future.
Over the past six years, I have written numerous columns defending press freedom in Ethiopia. In a 2009 commentary entitled, “The Art of War on Ethiopia’s Independent Press”, I expressed astonishment over the heavy handed treatment of the free press: “Use a sledgehammer to smash a butterfly! That is the exquisite art of war unleashed on Ethiopia’s independent press by the dictatorship of Meles Zenawi today.”
In a 2007 column entitled “Monkey Trial in Kangaroo Kourt“, I wrote about the Kafkaesque use of the courts by the dictatorship in Ethiopia to crush dissent and suppress criticism. Franz Kafka’s famous novel, The Trial, begins with the sentence, “Someone must have been telling lies about Joseph K., for without having done anything wrong he was arrested one fine morning.” K., is ordered to stand trial before know-nothing judges who do the bidding of their invisible puppet masters. K’s guilt is a foregone conclusion. Everything about the trial is a secret — the charges, the court procedures and the judges. K cannot defend himself because he is never told what crimes he has committed. He is denied access to the evidence against him. K’s trial is delayed time and again. His lawyer is unable to help him in a system where there is neither law nor procedure.
Such is the stark portrait of Zenawi’s prosecution and conviction of journalists, dissidents and opposition political leaders in his Kafkaesque Kangaroo Kourts in Ethiopia (KKK) today. He uses lies, damned lies and loathsome lies as evidence to convict opponents and those who disagree with him under his cut-and-paste anti-terrorism law. To add political drama and add insult to injury, “sentencing” is scheduled for mid-July.
Human Rights Watch documented that the “convictions” last week, together with others over the past six months, “bring the total known number of individuals convicted of terrorism-related charges to 34, including 11 journalists, at least 4 opposition supporters and 19 others.” Zenawi can now beat his chest in triumph and do a few victory laps for “convicting” Eskinder Nega, Reeyot Alemu, Woubshet Taye, Swedish journalists Martin Schibbye and Johan Persson, and opposition party leaders and dissdents Andualem Arage, Nathnael Mekonnen, Mitiku Damte, Yeshiwas Yehunalem, Kinfemichael Debebe, Andualem Ayalew, Nathnael Mekonnen, Yohannes Terefe, Zerihun Gebre-Egziabher and many others.
None of this is new even to the casual observer. Over the years, Zenawi has been using his KKK to railroad into prison independent journalists, opposition leaders and dissidents. So say the U.S. Government and various international human rights organizations using diplomatic language. The 2010 U.S. State Department Country Reports on Human Rights Practices on Ethiopia concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence.” Human Rights Watch concluded in its 2007 report: “In high-profile cases, [Ethiopian] courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.”
Condemnation of the KKK Verdicts
There has been an outpuring of condemnation against the KKK verdicts and demands for the immediate release of the “convicted” journalists and others from various soruces. The Committee to Protect Journalists issued a statement asserting that “The Ethiopian government has once again succeeded in misusing the law to silence critical and independent reporting. Ethiopia will not hesitate to punish a probing press by imprisoning journalists or pushing them into exile.” Human Rights Watch expressed dismay: “This case shows that Ethiopia’s government will not tolerate even the mildest criticism. The use of draconian laws and trumped-up charges to crack down on free speech and peaceful dissent makes a mockery of the rule of law.” Amnesty International condemned the “trumped up” charges and declared: “This is a dark day for justice in Ethiopia, where freedom of expression is being systematically destroyed by a government targeting any dissenting voice. The verdict seemed to be a foregone conclusion.”
U.S. ambassador to Ethiopia, Donald Booth said, “I find the convictions of predominantly journalists and politicians raises questions about the compatibility of the anti-terrorism law with constitutional guarantees for freedom of expression.” According to the Embassy’s posted statement: “The arrest of journalists has a chilling effect on the media and on the right to freedom of expression. We have made clear in our ongoing human rights dialogue with the Ethiopian government that freedom of expression and freedom of the media are fundamental elements of a democratic society. A U.S. State Department spokesman explained that even though the U.S. works with the regime in Ethiopia “on certain things, you can be straight with them when you disagree with their policies in other areas, as we always are with Ethiopia with regard to press freedom.”
U.S. Senator Patrick Leahy, who two weeks ago in his statement in the Congressional Record, noted that the ruling regime in Ethiopia has made it impossible for “journalists like Eskinder Nega to do their work of reporting and peaceful political participation”, issued a strongly worded press release condemning the travesty of justice:
The Ethiopian Government’s use of vague anti-terrorism laws to silence the press has been widely and rightly condemned. The conviction of Eskinder Nega and other journalists, who are accused of nothing more than the peaceful exercise of rights clearly recognized under international law, is the work of a regime that fears the democratic aspirations of its own people. Over the years, United States administrations have provided Prime Minister Meles a veneer of legitimacy due to our shared interest in countering real terrorist threats, but he has exploited the relationship for his own political ends. It is time to put the values and principles that distinguish us from terrorists, above aid to a government that misuses its institutions to silence its critics.
Eskinder and Andualem, Invictius!
Unlike Kafka’s Joseph K. who met his end helplessly bleating out the words, “like a dog”, Eskinder and Andualem returned to their prison cells like two roaring lions sauntering to their cages. (I say, one caged lion commands more respect than a thousand free hyenas.) They knew long ago that their “conviction” was inevitable and a foregone conclusion. No journalist, dissident or opposition party leaders has ever been found not guilty by Zenawi’s KKK. Eskinder Nega, a man whose name is synonymous with the word dignity and the irrepressible symbol of press freedom not only in Ethiopia but throughout the world, had a few words of wisdom to share with the unprincipled hacks in robes: “I have struggled for peaceful democracy, and I have never disrespected any individual and I didn’t commit a crime. My conscience is clear.” The hacks tried to silence him, but as always Eskinder spoke truth to power: “You have to stand for justice, you have to allow us to say what we want… you have no right to limit our freedom of speech.”
Eskinder is a hero of a special kind. He is a hero who fights with nothing more than ideas and the truth. He slays falsehoods with the sword of truth. He chases bad ideas with good ones. Armed only with a pen, Eskinder fights despair with hope; fear with courage; anger with reason; arrogance with humility; ignorance with knowledge; intolerance with forbearance; oppression with perseverance; doubt with trust and cruelty with compassion.
It is a crying shame that Eskinder, who is a hero to so many heroes of press freedom throughout the world, should be judged by an unholy trinity of benighted, scheming and pusillanimous judicial puppets.
Andualem Aragie, the dynamic and courageous young opposition leader was defiant and unbowed:
The last six months that we have spent are days when the people of Ethiopia have struggled for their human dignity and human rights. But the people have not been fortunate enough to enjoy their democratic rights. In my generation, I have tried to struggle to the best of my ability for my children and for all the people of Ethiopia. In doing so, I did not start with malice [or ill will]. In doing so, I did not commit a crime. In doing so, I did not aim to undermine the interests of my poor country. In what I have done, I do not believe I have offended my Creator, the people of Ethiopia or my own conscience. I am in total peace. Why I am standing here is because of my yearning for freedom. This is not the first time that I have sought justice in Ethiopian courts and been denied jusitce. I will not ask for mercy [from this court] for I have committed no crime. I will graciously drink from the cup of oppression my persecutors have prepared for me for my conscience will not allow me to do anything else.
Why Does Zenawi Persecute and Prosecute the Free Press and Dissidents?
Why does Zenawi go through hell and high water to crush the few struggling independent newspapers, dissidents and opposition leaders in the country? Why does he shutter newspapers that have a circulation of just a few thousand copies when he owns ALL of the printing presses and radio and television media in the country? What is he afraid of?
The answer is simple: The Truth! Zenawi can’t handle the truth. He hates the independent press because it reflects the corruption, repression and oppression of his regime. He fears criticism and genuine expression of public opinion because he does not want to see his reflection in the true mirror of the peoples’ eyes. He much prefers to wallow in his own delusional, imaginary and virtual image of the “Great Leader of the Renaissance” reflected in the glazed and bulging eyes of his Yes-men. But as the recent history of the “Arab Spring” has shown, dictatorships are like castles built of sand which dissolve and are washed away when struck by a single sweep of the ocean’s wave. Regardless of how long dictators keep cracking down on the free press and terrorize the people, in the end they are always swept and vacuumed into the dustbin of history by the tornadic force of the people’s fury. Think of it, always!
It has to be remembered that AlShebab has assigned me secretly to make propagation activities in Ethiopia, Somaliland, Kenya and Uganda. To accomplish the task we have agreed with you through your representative Ato Mamush Sentie in Eritrea to publish propaganda articles against the Ethiopian government, against the interest of the Ethiopian people and the American government…”
Give us a break!
But we have seen it all before. Zenawi’s MO goes through three stages. First, he demonizes his adversaries. Then he criminalizes them. In the third stage, he dehumanizes them.That is how he did it to Eskinder Nega, Andualem Aragie, Dawit Kebede and so many others.
Temesgen and Feteh are now undergoing the demonization stage. In a few weeks or less, a full scale campaign will be waged against them in the regime owned media. They will be called “terrorists”, “insurrectionists”, “agitators”, “foreign agents” “spies” and whatever else the dirty tricks department can manage to fabricate. There will be frenzied “calls” to the regime from “ordinary citizens” to take action against them.
The criminalization stage will begin in a couple of months or less with a videotaped arrest of Temesgen and possibly other Feteh members in the street in much the same way as they did Eskinder Nega and Andualem Aragie. (Someone must really enjoy watching the videotape of those arrests.Eskinder’s official captors videotaped the whole arrest and laughed boisterously as Eskinder’s traumatized six year old child cried his eyes out for his daddy.)
Then, the dehumanization stage takes place in jail as they await “trial” in the KKK — torture and beatings, denial of medical care, denial of family visits, daily insults, humiliation and degradation, solitary confinement and on and on. In the end, there will be a show KKK trial for Temesgen Desalegn et al with ambassadors, representatives of international organizations and family members sitting in the gallery. The verdict and sentnece will be the same as always: Guilty, guilty, guilty… 15 years at hard labor… 20 years at hard labor… life in prison…
It is all so pathetically predictable.
Losing the Battle, Winning the War
This is the unfinished story of the war on the independent free press in Ethiopia, and the victors and the victims in that war. The final struggle between the dictators who wield swords and the journalists who wield pens, pencils and computer keyboards will be decided in a war for the hearts and minds of the Ethiopian people. I have no doubts whatsoever that the outcome of that war is foreordained. In fact, I believe that war has already been won. For as Edward Bulwer-Lytton penned in his verse, in the war between swordholders and penholders, final victory always goes to the penholders:
‘True, This! –
Beneath the rule of men entirely great,
The pen is mightier than the sword. Behold
The arch-enchanters wand! – itself a nothing! –
But taking sorcery from the master-hand
To paralyze the Caesars, and to strike
The loud earth breathless! – Take away the sword –
States can be saved without it!’
But if the paramount question is to save the Ethiopian state or to save Ethiopia’s free press, I would, as Thomas Jefferson said, save the latter: “The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.”
The Actions of Our Enemies, the Silence of Our Friends
Dr. Martin Luther King said, “We will remember not the words of our enemies, but the silence of our friends.” I would add that we will remember and forgive the words and actions of our enemies for they know not what they say and do; but the cowardice, indifference, apathy, disinterest and cold neutrality of our friends who know or should know better but stand in the face of evil with their heads bowed, eyes closed, ears plugged and lips muted, we can neither forgive nor forget!!!
I believe nothing is more important and uplifting to political prisoners than knowledge of the fact that they are not forgotten, abandoned and forsaken by their compatriots. We must stand with Eskinder Nega, Andualem Aragie, Reeyot Alemu, Woubshet Taye and the countless political prisoners in Ethiopia. Every day, they are beaten down and brought to their knees. We cannot hear their whimpers of pain and the silence of their desperation. Because they have no voice, we must be their voices and speak on their behalf. Because they are walled behind filthy prisons, we must unfailingly remind the world of their subhuman existence.
We must all labor for the cause of Ethiopian political prisoners not because it is easy or fashionable, but because it is ethical, honorable, right and just. In the end, what will make the difference for the future of Ethiopia is not the brutality, barbarity, bestiality and inhumanity of its corrupt dictators, but the humanity, dignity, adaptability, audacity, empathy and compassion of ordinary Ethiopians for their wrongfully imprisoned and long-suffering compatriots. That is why we must join hands and work tirelessly to free all political prisoners in Ethiopia.
FREE ALL POLITICAL PRISONERS IN ETHIOPIA!
FREE THE FREE PRESS IN ETHIOPIA!
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:
The headlines screamed ‘Ethiopian court convicts 24 of terrorism charges’. As usual it was a misleading and incorrect statement. There is no such animal called Ethiopian court. There is a TPLF controlled judicial arrangement in Ethiopia. Prime Minster Meles and his politburo are the directors behind the scene of this farce. For the last twenty-one years they have been using the power of the state to marginalize, terrorize, demean and undermine the Ethiopian citizen. We are so used to their bullying the average Ethiopian does not even dwell on it. We make that peculiar noise with our lips you know that hissing sound and move on.
Our brothers Eskinder Nega, Andualem Arage, Wubshet Taye our sister Reyot Alemu and the others whose names are not publicized were convicted for exercising their right to speak and write freely. They only used their voice and their choice of weapon was the pen and paper. There was no evidence to show otherwise. Ato Eskinder has the audacity to speculate the chance of Arab Spring migrating to Ethiopia. Ato Andualem was simply trying to organize and recruit people to his legally recognized party. Reyot and Wubshet were doing their job as journalist and reporter. In any other country this is a normal and routine kind of job. But we are not like any other country or any other people. Our Ethiopia has always been different. Not only we got strange and bizarre leaders but we also have a different breed of people.
Yes we are different both inside Ethiopia and in the Diaspora. A vast majority of us have decided to accept shame as normal behavior and we even celebrate it loudly and wear it with pride. We victimize each other our country and people and we are the first ones to holler foul. It is done so much and so often it is becoming a little boring. I am afraid we have lost any semblance of respect for our selves and what is sad is others are losing respect for both victim and victimizer. They deserve each other is what comes to mind.
Asians have this philosophy referred to as Ying and Yang to describe how opposites are interconnected and interdependent in the natural world. Nothing is totally yin or totally yang. Female and male, dark and light, cold and hot, water and fire are manifestations of yin and yang. ‘Just as the state of yin is reached yang begins to grow. Yin contains seed of yang and vice versa. They constantly transform each other. The classics state ‘yin creates yang and yang activates yin’. I am afraid that philosophy is not true in our country. Our yin and yang are not in balance. The harmonious change envisioned in the philosophy has gone haywire when it comes to us. Too much of one is bound to weaken and consume the other. That is happening in our society. This phenomenon is so clearly manifested in the Ethiopian Diaspora community.
Let us start with our yearly soccer tournament. It is such a beautiful and positive activity that it has energized our community for the last twenty-five years or more. It should be our pride and a showcase of how much good we can do when we work together. Unfortunately it is also the other side of us where a few can use this positive energy for negative purpose. Those that have been leading the organization have been using the proceeds as cash cow and also as a vehicle to undermine our unity and sell our country to the highest bidder. We let them do that. We see, we hear but we choose to be silent. We have this notion that ignoring bad deed will make it go away.
Thus the Ethiopian Soccer Federation in North America (ESFNA) governing body at long last voted to start fresh and reform this rogue outfit. Of course those who are so used to working behind the scene in the dark were not willing to go silently. They were taken to a real court that ordered to cease and deceit from using the name of the organization and also answer a few question regarding finances and book keeping. What did they do? They went to their sugar daddy and applied for welfare. The same person that is fully integrated with that other rogue outfit called the TPLF supposedly gave them $2 million US to carry out their mission of dividing us and setting us against each other. They, like their father and mentor Meles Zenawi do not believe in self-imitative but run to the nearest welfare donor to get their funding. He sells our land, borrow in our name and steals in consort with his friends, sells our daughters to Middle East degenerates and ours squander their payment in renting stadium to entertain the rich and greedy. Money can buy you anything including entertainers that got their start from the Diaspora but now serve a new master to undermine their benefactors. Definitely Yin and yang are not in harmony or in balance.
If we look at our Church in exile it is something to be proud of. It is a place where our rich culture and ancient religion is celebrated like never before. It is a place where our fathers and mothers in exile find peace and happiness and every week and mentally transport themselves to that place they call home. It is a place where our children learn how social we are and how we respect and value our culture and country. It is such a beautiful feeling to see our children come in front of the congregation when they graduate from high school to be blessed by the priest and proudly inform us their choice of college. Then we have the troublemakers in every city and town. Their mission is to disrupt and divide us. There is no church spared from these prince’s of darkness that scheme behind the scene and attempt to take over the leadership. If that does not succeed they have no qualms in waging a relentless war to undermine and weaken and disparage all those that stand between them and their evil scheme. Our city is going thru such a painful process and it is sad to see families and friends in turmoil. Most of us allow them to do that by our silence and apathy. It is another instance yin and yangs are not in harmony.
A few days ago we had a fund raising activity for ESAT and also celebrate Ato Abebe’s heroic stand for his people and country by exposing the tyrant in front of his enablers and the whole world. There was no question a vast majority of our people was empowered by his action. There are most certainly over ten thousand Ethiopians in the Bay area where the event was held. Less than two hundred brave souls showed up to help raise fund to make ESAT a powerful force in the struggle against tyranny. A good amount was collected from those who came. We are happy and grateful. But I find it odd that out of all these country and freedom loving folks only a handful showed up. Why do you think it is so?
They all seem to harbor negative feelings against the TPLF regime. It is odd to meet some one that would speak favorably regarding the actions of the dictator or his polices. Every Starbucks and every coffee house is full of these talkers parsing the actions of the TPLF party. How come they don’t take the next logical step, which is to help bring this ugly regime to its knees? Why is there such a wide gulf between talk and action? Here is what President Obama said on his visit to the Holocaust Memorial in Washington a few months back speaking of the victims of nazi horror:
He said “Let us tell our children not only how they died, but also how they lived—as fathers and mothers, and sons and daughters, and brothers and sisters who loved hoped and dreamed just like us — we must tell our children about how this evil was allowed to happen – because so many people succumbed to their darkest instincts, and because so many others stood silent – We must tell our children. But more than that, we must teach them. Because remembrance without resolve is a hollow gesture. Awareness without action changes nothing. In this sense, “never again” is a challenge to us all—to pause and to look within.”
‘Awareness without action changes noting’ is the key phrase and that is what is escaping us. That is so many of us talk but are unable to move beyond that. We kid ourselves or we expect someone else to do the job for us. Is that why when Kinijit kicked Woyane’s ass so many people were pushing each other to get to the center of the action? We had a visitor to our church from Canada. Abune Michael of Calgary gave a memorable sermon a few Sundays back. What stuck in my mind was his saying ‘meswatenet yelelew emnet’ or belief without sacrifice I believe that is ying without yang.
Fear not all is not lost. We also have our Ethiopian Heritage Society of North America (EHSNA). They are celebrating their second anniversary from July 27-29 in Washington DC. Last years event with Judge Bertukan Mideksa was a huge success. This is one venue where our flag fly high our culture is celebrated with all its diversity and our history is told with all its glory. It is a family affair and our young ones and children are given the respect and attention they deserve. The March 2012 Adwa Victory celebration organized by EHSNA gave our ancestors gallant effort the highest honor reserved for such Herculean deed. We salute the organizers for shining a bright light on our accomplishments as people in this time of doom and gloom. This is one organization that is trying to bring balance between our yin and yang. We can see perfect harmony between the opposites.
Each one of us is faced with a choice. We can be carriers of change or we can follow the path of destruction. Change does not happen without effort. Those that are hell bent in bullying and dividing us are not going to leave voluntarily. No one willingly gives up his privileged position. It has never happened. They are unable or unwilling to see the freedom train coming at them at full speed. That is what happened to Mubarak, Gadaffi faithfully believed his people loved him and we see Assad for some reason thinking that he can save himself and his clan by killing all Syrians if necessary. Dictators are a rare breed of people. Meles honestly believes he can last a while longer. Locked in his palace surrounded by his yes men reading his own review and watching his one channel TV he is intoxicated by his own lies. Twenty-one years is a long time to be isolated from normal people. It is possible to create ones own make believe world.
How come we see Libya, Egypt, Yemen and now Syria and do not learn? How come we do not work a little harder to avoid such catastrophe? Why do we allow Eskinder, Andualem and all the other fellow Ethiopians pay the price on our behalf? How come we are unable to say no and show outrage at such act of injustice by a handful of people? Do you think Meles jailed our brothers and sister or do you think we allowed him to do such ugly deed due to our indifference and apathy? Is the blame on the dictator or on the vast majority that lets him gets away with this criminal act? I am sure we are all disgusted with this farce of jailing people for life because they spoke what the regime does not approve of. What is next, to go to prison accused of bad thought? Why not the dictator has no incentive not to follow that route. He knows we will take it silently. Didn’t we when Professor Asrat was denied medical treatment, when Asefa Maru was gunned down, when Judge Bertukan was jailed twice, when Gambella was sold, when our children are left to die in the jungles of Central Africa and their bodies scatted on the highways of Tanzania and the waters of Lake Malawi or Gulf of Aden? Yes no question about it we are responsible for the jailing of Eskinder and all the rest. Frankly I am bored and tired of shifting the blame.
Further reading: http://en.wikipedia.org/wiki/Ying_and_Yang
In a blatant miscarriage of justice, a Woyanne Kangaroo court in Ethiopia today found Eskinder Nega and twenty-three other political opponents of the regime guilty on bogus terrorism charges. The only thing Eskinder Nega and other political prisoners are guilty of is speaking the truth and criticizing the regime for its brazen violations of human rights. Dictator Minister Zenawi is emboldened by the uncritical support he receives from the Obama Administration and other Western leaders. Consequently, Zenawi is on a rampage to bully his critics and stamp out any semblance of opposition. The world is allowing a serial miscarriage of justice because Zenawi is an ally in the so-called war on terror.
Ethiopia court finds 24 guilty of terrorism
ADDIS ABABA (AFP) — Twenty-four Ethiopians, including a leading opposition figure and a prominent journalist, faced life in prison Wednesday after a court found them guilty on charges of terrorism.
“Guilty as charged,” judge Endeshaw Adane said, referring to journalist Eskinder Nega, opposition member Andualem Arage and 22 others accused of links to US-based group Ginbot 7, considered a terrorist group under Ethiopian law, and other outlawed groups.
Under the anti-terrorism legislation, the defendants face the death sentence, but the prosecutor recommended life sentences for the 24, only eight of whom were present in court.
Both Eskinder and Andualem were found guilty of “participation in a terrorist organisation” and “planning, preparation, conspiracy, incitement and attempt of (a) terrorist act.”
Andualem was also found guilty of serving as a “leader or decision maker of a terrorist organisation.” Another less prominent opposition member was also among the group convicted Wednesday.
Endeshaw said Eskinder abused his freedom of speech and accused him of threatening national security.
“Freedom of speech can be limited when it used to undermine security and not used for the public interest,” he said.
He was arrested last year after publishing articles asking whether the Arab Spring uprisings could have an influence in Ethiopia and questioning the arrests of Ethiopians under the country’s anti-terrorism law.
Five of the defendants, including Eskinder and Andualem, will reappear in court on July 13 to present their mitigating circumstances.
Most of my readers know how much I enjoy “bedtime stories”. Recently, I wrote about my favortie bedtime story of Pinocchio in Africa. Ever heard of the story of Chicken Little? One day Chicken Little was scratching around the yard when something fell on her head. “Oh,” screeched Chicken Little, “The sky is falling. I must go tell the king.” Chicken Little ran and ran until she met Henny Penny. “Why are you running so fast, Chicken Little?” asked Henny Penny. “Ah, Henny Penny,” said Chicken Little, “the sky is falling, and I must go and tell the king.” Chicken Little and Henny Penny told the same story to Ducky Daddles, Goosey Loosey, Turkey Lurkey and Foxy Loxy along the way to the king’s house. “I know a shortcut to the palace,” said Foxy Woxy. “Come and follow me.” But the wicked Foxy Woxy led them right up to the entrance of his foxhole where he planned to dine on the fine feathered friends. Just as they were to enter the hole, they heard the king’s hunting dogs growling and howling. Foxy Woxy ran across the meadows and through the forests with the hounds on his tail. He ran until he was far, far away and never returned.
The story of Chicken Little illustrates the angst, hysteria and paranoia of the ruling regime in Ethiopia. The sky is always falling whenever dictator Meles Zenawi wants to tighten the screws on news and information reaching the people. In 2010, Zenawi justified electronically jamming Voice of America Amharic broadcasts by making the preposterously outrageous claim that the Voice of America was promoting genocide in Ethiopia: “We have been convinced for many years that in many respects, the VOA Amharic Service has copied the worst practices of radio stations such as Radio Mille Collines of Rwanda in its wanton disregard of minimum ethics of journalism and engaging in destabilizing propaganda.” In other words, the Voice of America is the Voice of Genocide, Rwanda. In February 2012, Lebanon’s Telecommunications Minister Nicolas Sehnaoui served a formal complaint on the ruling regime in Ethiopia and demanded an immediate end to the illegal practice of jamming Arabsat transmission of ESAT (Ethiopian Satellite Television) programming.
In the past year, Zenawi has been telling the world that he has caught and jailed some of the most dangerous and wild-eyed terrorists in Ethiopia today, including the incomparable Eskinder Nega, the 2012 winner of the prestigious Pen’s Freedom to Write Award, the indomitable Reeyot Alemu, a young woman journalist who won the 2012 International Women’s Media Foundation Courage in Journalism Award and the intrepid Woubshet Taye, managing editor of the now shuttered Awramba Times. Last week, in his statement in the Congressional Record, U.S. Senator Patrick Leahy noted that the ruling regime in Ethiopia has made it impossible for “journalists like Eskinder Nega to do their work of reporting and peaceful political participation.”
Zenawi has been running in overdrive trying to plug every nook and cranny by which Ethiopians could get news and information from independent sources. According to recent statements of Reporters Without Borders Africa (RWB), “The Ethiopian government is trying to attack every means of information exchange.” Ethiopia’s Chicken Littles are so paranoid that they are now requiring the printing presses over which they have total monopoly to censor newspapers printed in the country. Last month, Berhanena Selam, the largest regime-owned printer and other smaller printers were “trying to impose political censorship on media content before publication.” In a proposed “standard contract for printing”, these printers claimed they have the right to refuse to print any text if they determine they have “adequate reason” it breaks the law. RWB noted, “This [contract] openly contravenes article 29 of the 1994 federal constitution, which guarantees press freedom and bans censorship in any form…. Only an independent and impartial judge should have the power to impose any kind of sanction or prohibition affecting media freedom.” Nice try by RWB, but talking constitutional law to Zenawi and Co., is like preaching Scripture to a gathering of Heathen.
RWB further reported that the regime-owned internet service provider “Ethio-Telecom” had installed a system for blocking access to the Tor network, which allows users to browse and access blocked websites anonymously. According to data published by Tor, the highest number of Tor users in Ethiopia between March and June 2012 peaked at a little over 350 individuals! All of the trouble and expense to block fewer than 400 individuals out of 85 million from anonymously browsing the internet.
The Skype is Falling!
Skype and other internet-based phone call services and social media are popular among a microscopic segment of the younger set who have access to the internet cafes in the urban areas and affluent types who could afford a personal computer and internet service. But the number of users of Skype-type services is infinitesimally small and the available internet service in the country is limited, unreliable and retrograde. A 2010 Manchester University’s School of Education study cited in Freedomhouse’s Freedom on the Internet 2011 report (FFI 2011) found that “accessing an online e-mail account and opening one message took six minutes in a typical Addis Ababa cybercafe with a broadband connection.” Anyone who has made or received Skype calls to or from Ethiopia knows that it is like pulling teeth, an exercise in self-aggravation. Ethiopia is only second to Sierra Leone Internet for having the least internet penetration at 0.5 percent of that country’s 85 million population. Internet service is “almost entirely absent from rural areas” where 85 percent of the population lives, according to FFI 2011. Similarly, Ethiopia is the only country in Sub-Saharan Africa to impose nationwide, politically motivated internet filtering:
Although Ethiopia is one of Africa’s most populous countries, poor infrastructure and a government monopoly on telecommunications have significantly hindered the expansion of digital media. As a result, Ethiopia has one of the lowest rates of internet and mobile telephone penetration on the continent… The government has responded by instituting one of the few nationwide filtering systems in Africa, passing laws to restrict free expression, and attempting to manipulate online media. These efforts have coincided with a broader increase in repression against independent print and broadcast media since the 2005 parliamentary elections, in which opposition parties mustered a relatively strong showing.
Why would Zenawi want to send a citizen to the slammer for 15 years just for making a phone call using a computer phone? Informed commentators suggest that the “telecom fraud law” is motivated by the bottomless greed and consuming paranoia of those who cling to power in Ethiopia like engorged ticks on an African milk cow. Elizabeth Blunt, a former BBC correspondent in Ethiopia, explains that the telecom fraud law is intended to suppress competition by “Internet cafes [which] may be allowing people to make calls for far less than the cost of Ethiopia telecom, the state’s telecommunications provider that has the monopoly and charges very high prices – and doesn’t want to have its service undermined. But there is also the issue that Skype can’t be listened to so easily and can’t be controlled.” RWB is concerned that the latest paranoia which has caused the regime to “block access to Tor might be the first step towards creating a system that would allow the regime to intercept any email, social network post or VoIP call made in the country.”
The 2012 “Proclamation on Telecom Fraud Offences”
The now widely publicized “Proclamation on Telecom Fraud Offences” (PTFO) 2012 appears to be in draft form, despite reports to the contrary. The PFTO purportedly repeals provisions in Art. 25 of the Telecommunications Proclamation No. 49/1996 as amended by Proclamation No. 281/2002. But none of that amounts to a hill of beans because there has never been a draft “law” presented to Ethiopia’s rubber stamp parliament that has ever been rejected. Draft or no draft, for the rubber stamp parliament, Zenawi’s word is law. The rubber stamp parliament will blindly adopt the most nonsensical, illogical, ineffectual and immoral “laws” presented to it by Zenawi. Without a shadow of a doubt, the rubber stamp parliament will unanimously (at least by a margin of 99.6 percent) approve the PTFO . But what the hell is the PTFO?
It appears that the PTFO is another one of those haphazard and slipshod cut-and-paste jobs (similar to the so-called “Anti-Terrorism Proclamation No 652/2009) scarfed from the laws of other countries, arguably the U.S. The patches of vacuous phrases and empty clauses interspersed in the PTFO uncannily mimic certain U.S. anti-wire fraud statutes such as 18 U.S.C §§ 1343 (wire fraud), 1029 (fraud and related activity in connection with access devices) and 1030 (fraud and related activity in connection with computers). The U.S. laws, consistent with the presumption of innocence, require the government to prove knowledge, intent and willful participation of the accused in the fraudulent act or scheme using wires or electronic access devices.
The PTFO is completely oblivious of the most elementary requirements of any criminal law: the concurrence of intent (mens rea) and the commission of the criminal act (actus reus). For instance, under Part Two (2) of the PTFO, “whosoever uses or holds any telecommunications equipment without obtaining prior permit… shall… be punishable with rigorous imprisonment from 1 to 4 years…” Accordingly, “‘telecommunications equipment’ means any apparatus used or intended to be used for telecommunications services, and includes its accessory and software.” Under these tandem provisions, any person who “holds” a mobile phone, a child “holding” a toy Walki-Talkie, or any person who “holds” a laptop bundled by the manufacturer with communications sofware or encoded in the operating system or hardware without license from the Ministry of Communications would be looking at “1-4 years” in the slammer. (Obviously, those who drafted the “law” are clueless about the evidentiary distinction between “holding” and “possession”.) Arguably, anyone who uses a tin can phone (which is within the PTFO’s definition of “telecommunications equipment” since “electromagnetic” waves vibrate through the string connecting the cans) would be exposed to the same penalty. The PTFO is the kind of law Charles Dickens would have called “an ass, an idiot”.
On its face, the PTFO is a “law” made necessary by the alleged fact that “the legal provisions in the country are not sufficient to prevent and control telecom fraud.” Telecom services includes “cellular mobile service, internet data communication” and other “transmissions or receptions through the agency of electricity or electromagnetism (sic)…” Anyone who “manufactures, assembles, imports any communications equipment without permit” will be sitting in the penitentiary between 10-15 years in prison. Anyone who “uses or holds” such equipment is looking at 1-4 years. Anyone who provides “telecom service without license” will be locked up between 7-15 years. Anyone who “uses telecom network or apparatus to disseminate any terrorizing message connected with a crime with the anti-terrorism proclamation….” faces 3 to 8 years (Art. 6). Anyone who “obtains any telecom service without payment of lawful charge or by means of fraudulent payment” will be punished by “rigorous imprisonment from 5-10 years.” (Art. 7). Anyone who “establishes any telecom infrastructure” or “bypasses the telecommunication infrastructure other than the telecommunication infrastructure established by the telecommunication service provider (sic)” is subject to 10-20 years imprisonment (Art. 9). Anyone who “duplicates SIM cards, credit cards, subscriber identification numbers…” faces 10-15 years imprisonment. “Whoever provides telephone call or fax services through the internet commits an offense punishable by 3-8 years.” The person using the service will cool his heels in the clink for up to 2 years. (Art. 10, 10(3)).
Law Making in a Rubber Stamp Parliament
No one should see how sausages, or laws are made in Ethiopia’s rubber stamp parliament. Perhaps that is an overstatement. The fact is that “laws” are not made in Ethiopia’s parliament. They are rubber stamped. That parliament approves “laws” faster than a Chinese factory can crank out a T-shirt. But rubber stamping the will of one man does not a law make. As Shakespeare said, “Lawless are they that make their wills their law.”
The PTFO is a pitiful exercise in lawmaking. In substance and form, it is no different than the dozens of “proclamations” that have been approved by the rubber stamp parliament over the past decade. It is arbitrary, capricious, thoughtless, reckless and, and most of all, pointless. Having studied so many of these “proclamations” over the years, I am amazed and dismayed by what passes as lawmaking in Ethiopia’s parliament. In one of my recent commentaries on the cut-and paste anti-terrorism law proudly pirated from the laws of other countries, I stated: “I cringe 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.”
The deficiencies of the PTFO are not limited to lack of legislative purpose, policy substance or logical structure; they also extend to the cavalier, crude and clumsy approach to legislative draftsmanship. On its face, the PFTO is bereft of any elementary sense of proportionality, the simple idea that the punishment should fit the crime. How can any sensible legislator or executive propose to punish a citizen with 15 years hard labor for talking into a computer phone? This is not just inane, it is insane!
Equally important, the PFTO is unsupported by any discernible legislative need or justification. In its preamble, it states that “the legal provisions in the country are not sufficient to prevent and control telecom fraud.” But that claim is completely speculative and unsupported by any factual findings. There are no studies referenced – independent or regime-sponsored – which show the magnitude of the “internet fraud” problem or the alleged threat to “national security” posed by the improper or illegal use of the internet. There is no research or analysis supporting the proclamation. There is no expert testimony to support it and no opportunity has been made available for public comment or input. It is a “law” based purely on fear and smear.
Catching the Real Con Artists, Scammers, Swindlers and Fraudsters
There is plenty of evidence of massive fraud elsewhere that requires immediate and decisive action. Remember the 2008 cat burglars who heisted “USD$16 million dollars” worth of gold bars and simply walked out of the bank in broad daylight? Although the heist was widely believed to be an inside job and a number of suspects were fingered, no one was ever prosecuted. In 2007 when Ethiopia’s auditor general, Lema Aregaw, reported that Birr 600 million of state funds were missing from the regional coffers, Zenawi fired Lema and publicly defended the regional administrations’ ‘right to burn money.’” The ashes of that “burned money” were never found. In February 2011, Zenawi publicly stated that 10,000 tons of coffee earmarked for exports had simply vanished from the warehouses. He called a meeting of commodities traders and in a videotaped statement told them he will forgive them because “we all have our hands in the disappearance of the coffee”. They drank coffee, sang Kumbaya and went on their merry ways.
Last December, Global Financial Integrity reported, “Ethiopia, which has a per-capita GDP of just US$365, lost US$11.7 billion to illicit financial outflows between 2000 and 2009. In 2009, illicit money leaving the economy totaled US$3.26 billion, which is double the amount in each of the two previous years…” Now, there is a gigantic fraud problem crying out for a law and aggressive prosecution. Last month Zenawi mused philosophically, “What is the poison that leaders face when you go to national palaces, and transforms people with vision sometimes into ordinary thieves? Let’s start with the total amount of loot in Africa, and what our role as leaders in that looting is…” Great question! The man with the “vision of an Ethiopian Renaissance” should have a ready answer. But for the rest of us, a more mundane question is : Why not start the anti-fraud campaign by going after the looters who are looting millions from the national treasury and the army of looters illicitly laundering billions of looted dollars in foreign banks before hounding nickel and dime internet cafés which survive by peddling feckless Skype service for pennies?
The PFTO is wrong-headed and mean-spirited. Its sole aim is to suppress all communication technology the regime believes could be used to provide the people access to indepednent sources of information and news. The infinitesimally small number of Skypers use the service to talk to family members and friends abroad. They pose no threat to anyone. The threat of arrest and harassment against perceived opponents is so pervasive that few would hazard to use Skype or similar technology as a means of political agitation.
The PTFO is vague and overbroad, and cannot pass constitutional muster as RWB has suggested. Many of its provisions are ambiguous, nonsensical, unintelligible and just plain legal gobbledygook. What is a “terrorizing message” under art. 6? Could a ringtone on a mobile phone which rings by announcing, “Meles Zenawi is a dictator!” (as it appears to be a common ringtone among a segment of mobile phone users in Ethiopia), result in a 15 year sentence for the hapless user? (On second thought, I may have to concede that legal point in light of the sheer “terror” Zenawi displayed at the G-8 Summit in Washington, D.C. last month when he faced the young lionhearted Ethiopian journalist Abebe Gellaw.)
For me, the principal purpose of the law is to protect liberty and establish a just society. But on that point, I shall defer to Shakespeare:
We must not make a scarecrow of the law,
Setting it up to fear the birds of prey,
And let it keep one shape, till custom make it
Their perch and not their terror.
….
For pity is the virtue of the law,
And none but tyrants use it cruelly.
As to the criminalization of Skype, my practical suggestion to Ethiopians wishing to communicate with their families and friends abroad is to quickly learn the arts of using smoke signals, drum beating, pictogram drawing, pigeon flying, ram’s horn blowing and to drill down on the science of tin can phones and Morse Code. (Oops! Forget Morse Code, it uses “the agency of electricity or electromagnetism”, whatever that is!)
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Amharic translations of recent commentaries by the author may be found at:
My reference to Hancock’s book above is not merely academic. I have been following reports on therecently announced $1.54 billion USAID assistance program in Ethiopia and studying other USAID reports on Ethiopia in light of Hancock’s arguments or hypotheses on the role of “international aid” in “legitimizing brutal tyrannies in Africa”. Is there an unhealthy bonding between dictators and donors?
The Triumph of Lies
The Sky is Falling!