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The Rule of Law in Ethiopia’s Democratic Transition

Alemayehu G Mariam

Rule of Law, Rule by Law, Rule by Unjust Law, Rule by Man

All of the weekly commentaries I have written over the years have been structured on a single fundamental principle: the rule of law. What is it? How does it configure in Ethiopia’s transition from dictatorship to democracy?

The phrase “rule of law” is somewhat vague and much overused by scholars and advocates, and casually thrown around in general political conversation. The phrase is so popular that even dictators swear by it. In October 2011, Meles Zenawi told Aftenposten (Norway’s largest paper): “We have reached a very advanced stage of rule of law and respect for human rights. Fundamentally, this is a country where democratic rights of people are respected.” (Ahem!!!)

For lawyers, “rule of law” is a term of art which generally signifies constitutional supremacy and adherence to principles of due process. Political scientists use the phrase to describe institutional mechanisms for policing the state and preventing abuse of power through established accountability procedures and guarantees of basic civil, human and substantive rights. The phrase is gaining popularity among economists who have come to realize that the rule of law is necessary to create a secure environment for business, investments, contracts and market transactions. Where there the rule of law prevails, good governance (accountability, transparency, free and fair elections, etc.) follows and economies grow. Since the 1990s, the World Bank and the International Monetary Fund, among others, have insisted on implementation of the “rule of law” as a condition of loans and assistance in Africa (largely without much success).

Dictators often jabber about the “rule of law” to shroud their “rule by law” of one man, one party. In a society under the “rule of men”, absolute power is exercised by the privileged few who are above the law. One man, one party, one select group decides for the whole society. That was what Adolf Hitler, Joseph Stalin, and Mao Zedong and others did; and that is what Africa’s dictators do today.

Rule of Law and Rule by Diktat

African dictators rule by diktat (arbitrary decrees issued by command of the dictator) which they try to palm off as “laws” (legislation enacted by a legitimately elected body engaged in deliberative process). They scribble down their diktats, have it approved by their rubberstamp parliaments and pronounce it “law” or “proclamation”. They use the diktat to play policeman, prosecutor, judge, jury and executioner. Under rule by diktat, dictators use the “law” as a bludgeon — a sledgehammer — to vanquish their opposition. On March 28, 2006, Congressman Christopher Smith, Chairman of House Subcommittee on Africa, Global Human Rights and International Operations recounted a revealing conversation he had with Zenawi which demonstrates rule by diktat:

During my visit to Addis last August [2005], I met with Prime Minister Meles Zenawi, and I asked him why he had not investigated the June shootings of demonstrators by agents of his government. His response was that the investigation might require the arrest of opposition leaders, and he didn’t want to do that while by-elections were still scheduled. He went on to tell me that he had dossiers on all the opposition leaders and could arrest them for treason whenever he wanted. Thus, their arrests were all but certain even before the events that ostensibly led to their being incarcerated.

In a more recent example of rule by dictat, Zenawi visiting Norway in October 2011 proclaimed two freelance Swedish journalists Johan Persson and Martin Schibbye awaiting trial were guilty of terrorism. He said the two journalists “are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.” Zenawi seemed to be unfamiliar with Art. 20 (3) of the Ethiopian Constitution which guarantees: “During proceedings accused persons have the right to be presumed innocent.” In late February 2012, Zenawi made the following incredibly mindboggling statement about the same Swedish journalists:

The government gave a small statement that such people have been put [in] prison… The next day the campaign was launched, ‘Free press, innocent people with no issue at all!’ They just give pronouncements before the case has gone to court, before evidence has been heard.  The pronouncement was there; the government is the criminal and the people are innocent. (Well, if the shoe fits, wear it!)

After declaring the two journlaists “terrorists” in October 2011, in February 2012, Zenawi has the audacity to criticize others for commenting on the journalsits’ innocence “before the case has gone to court, before evidence has been heard.” Incredible!

A Practical Understanding of the Rule of Law

As the scholars and lawyers debate the finer points of the rule of law, it is possible to fashion a practical understanding of the principle which could be useful in the dialogue and debate over Ethiopia’s transition from dictatorship to democracy. A practical lesson in the application of the rule of law principle could be learned by examining “anti-terrorism” laws in the U.S. and Ethiopia.

In 2001, President Bush signed an executive order authorizing the creation of military tribunals for the detention, treatment and trial of certain non-citizens (“enemy combatants”) in the war against terrorism. In 2006 the U.S. Supreme Court struck down the executive order and commissions as unconstitutional (Hamdan v. Rumsfeld) holding that the President lacks constitutional or statutory authority. Much to the great disappointment of the Bush Administration, the Court held that these terror suspects were entitled to the protection of the ordinary laws of the United States and the laws of war including the Geneva Convention, and the Uniform Code of Military Justice. In language that pays homage to deep-rooted American civil liberties, the Court wrote: “Assuming that Hamdan [terror suspect] is a dangerous individual who would cause great harm or death to innocent civilians given the opportunity, the Executive nevertheless must comply with the prevailing rule of law in undertaking to try him and subject him to criminal punishment.”

In 2004, in a similar case of a terror suspect (Rasul v. Bush), the U.S. Supreme Court upheld the rule of law by requiring the President to honor the writ of habeas corpus (one of the greatest rights Americans have to challenge the government in court unlawful  restraint on their liberties). The Court held that a terror suspect detainee may not be denied access to lawyers and civilians courts in violation of the due process guarantees of the Fifth Amendment to the U.S. Constitution. Simply stated, even wicked villains and evil-doers are shielded by the rule of law in the American Constitution.

In contrast, rule by law (rule by diktat) has made Zenawi’s so-called anti-terrorism law (“Anti-Terrorism Proclamation No. 652/2009”) a sledgehammer to crush dissidents, journalists, opposition political leaders and anyone considered an enemy. In early February 2012, a group of independent United Nations human rights experts (U.N. Special Rapporteurs) made public statements condemning the ongoing use of anti-terrorism laws to curb a broad range of freedoms in Ethiopia. Ben Emmerson, the U.N. Special Rapporteur on counter-terrorism and human rights, said that “the anti-terrorism provisions should not be abused and need to be clearly defined in Ethiopian criminal law to ensure that they do not go counter to internationally guaranteed human rights.” Frank La Rue, the U.N. Special Rapporteur on freedom of expression, said that “Journalists play a crucial role in promoting accountability of public officials by investigating and informing the public about human rights violations. They should not face criminal proceedings for carrying out their legitimate work, let alone be severely punished.” Margaret Sekaggya, the U.N. Special Rapporteur on human rights defenders, stated that “journalists, bloggers and others advocating for increased respect for human rights should not be subject to pressure for the mere fact that their views are not in alignment with those of the Government [of Ethiopia].” Maina Kiai, the U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association, said “The resort to anti-terrorism legislation is one of the many obstacles faced by associations today in Ethiopia. The Government must ensure protection across all areas involving the work of associations, especially in relation to human rights issues.” Gabriela Knaul, the U.N. Special Rapporteur on the independence of judges and lawyers, said: “Defendants in a criminal process should be considered as innocent until proven guilty as enshrined in the Constitution of Ethiopia… And it is crucial that defendants have access to a lawyer during the pre-trial stage to safeguard their right to prepare their legal defence.”

The Essence of the Rule of Law

The essence of the rule of law can be summarized in the following simple proposition: Because power corrupts and absolute power corrupts absolutely, the rule of law is essential to prevent power from corrupting and absolute power from corrupting absolutely. The U.N. Secretary-General in a report to the Security Council in 2004 prescribed implementation of the rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.”  In practice, it is necessary to have “measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.” The World Bank says where the rule of law prevails government exercises self-restraint, treats its citizens justly and equally under the law and protects the dignity of each individual in society. Numerous other organizations and institutions involved in the rule of law movement have come to the same conclusion.

Rule of Law Cannot Be “Copycatted”

There are some who believe that blindly “copycatting” laws and regulations from other countries and incorporating them verbatim into their own laws somehow guarantees the existence and prevalence of the rule of law. In justifying his “anti-terrorism law” in February 2012, Zenawi offered the following mindboggling explanation to his rubberstamp parliament:

In drafting our anti-terrorism law, we copied word-for-word the very best anti-terrorism laws in the world. We took from America, England and the European model anti-terrorism laws. It is from these three sources that we have drafted our anti-terrorism law. From these, we have choses the better ones.  For instance, in all of these laws, an organization is deemed to be terrorist by the executive branch. We improved it by saying it is not good for the executive to make that determination. We took the definition of terrorism word-by-word. Not one word was changed. Not even a comma. It is taken word-by-word. There is a reason why we took it word-by-word. First, these people have experience in democratic governance. Because they have experience, there is no shame  if we learn or take from them. Learning from a good teacher is useful not harmful. Nothing embarrassing about it. The [antiterrorism] proclamation in every respect is flawless. It is better than the best anti-terrorism laws [in the world] but not less than any one of them in any way…

One cringes in total embarrassment at such a stunningly shallow understanding of jurisprudence, glib talk about the law and inattention to a glaring logical fallacy in one’s argument. In seeking to establish that his anti-terrorism law is based on the rule of law, Zenawi commits a logical fallacy known as “argument from authority” (argumentum ad verecundiam). The logic of his argument is that America and Britain are democratic countries with a high degree of adherence to the rule of law principle; and they have anti-terrorism laws that are the “best” in the world. We have “copied word-for-word” the best elements of their anti-terrorism laws and put them to use. Therefore, our terrorism laws are “flawless” and singularly the very best in the world!

By invoking a fallacious authority and creating a manifestly false analogy, Zenawi aims to clothe his anti-terrorism diktat with moral legitimacy and legal respectability. One cannot create a lion by piecing together the sturdy long neck of the giraffe with the the strong  jaws of a hyena, the fast limbs of the cheetah and the massive trunk of the elephant. The king of the jungle is an altogether different beast. In the same vein, one cannot clone pieces of anti-terrorism laws from everywhere onto a diktat and sanctify it as “flawless in every respect”.

Imitation may best the highest form of flattery, but to boldly claim that a mindlessly cloned diktat is “flawless” is just mindless. Beyond logical fallacy, Zenawi seems to be totally clueless about elementary principles of jurisprudence in the Anglo-American tradition. The American antiterrorism law (Zenawi does not specifically identify the American antiterrorism law he copied word-for-word, but one may reasonably assume he is referring to the “USA Patriot Act”), is not merely a collection of words, legal phrases, clauses, terms and paragraphs. The Patriot Act was drafted with intense debate and deliberation in the Congress (not scribbled down and sent for rubberstamping), contentious disputes in the media (in the U.S. it not a crime to criticize a law in the media) and amidst outraged public dialogue and debate (not shoved down the public’s throat). Above all, it was crafted within the known boundaries of the Fourth, Fifth and Sixth Amendments and Article I, section 9 of the U.S. Constitution. The legislative language in the Patriot Act derives its vitality not from glib semantic analysis of words and phrases, but from long and storied legal traditions that date back to the Magna Carta (Great Charter) in 1215, the Declaration of Independence in 1776 and the vast body of Anglo-American common law. Most importantly, the Patriot Act is subject to the supreme law of the land– the U.S. Constitution. Thomas Paine, one of the revolutionary “Founding  Fathers of the United States” and the “voice of the common man” explained it best in Common Sense: “In America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.”

If Zenawi wants to copycat American and British anti-terrorism laws, he cannot cherry pick words, phrases, sentences and clauses. He has to take the whole package because those words, phrases and clauses he copied so proudly have complex histories, meanings, nuances and implications. Those blindly borrowed words and phrases have special meaning and application when they are considered, contextualized, synthesized and analyzed within the broader framework of Anglo-American common law, judicial precedents, legal principles and doctrines, rules of statutory construction, legal scholarship, legislative intent and numerous other factors. If Zenawi chooses to imitate and clone American law “word-for-word”, he is practically, logically and hermeneutically obliged to give meaning to those laws within the framework of the American Constitution and the body of constitutional law.

But Zenawi simply has no clue. The U.S. “antiterrorism law” is not as perfect as he the thinks it is and may not be worthy of ultimate imitation. In fact, it is quite flawed. For instance, in 2004, a federal judge in New York ruled that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers without judicial oversight or public review. Another federal judge in Oregon in 2007 ruled that crucial parts of the USA Patriot Act were unconstitutional because they allowed federal surveillance and searches of Americans without demonstrating probable cause required by the Fourth Amendment. The judge wrote, “For over 200 years, this Nation has adhered to the rule of law — with unparalleled success. A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised.”

Unlike Zenawi’s “anti-terrorism” diktat, the Patriot Act had significant limitations in itself, including sunset provisions (expiration dates) of December 31, 2005 on a number of issues including wiretapping, sharing foreign intelligence information, seizure of voice-mail emergency disclosure of electronic surveillance. When it was reauthorized, a new sunset of December 31, 2009 was established and significant amendments added to provide  for greater congressional and judicial oversight of orders for roving wiretaps and enhanced procedural protections for “sneak and peek” search warrants, among many others.

Zenawi also fails to understand the power of judicial review and the resolute ferocity of American lawyers dedicated to civil liberties in challenging the government and stopping it from encroaching on the civil liberties of the people. In other words, in America, there are lawyers and judges who are willing, able and ready to hold the Congress’ or the President’s feet to the fire of the supreme law of the land. In Ethiopia, there are only dictators who hold the peoples’ feet, hands and bodies to the fire.

But Zenawi is absolutely right in saying that “there is no shame if we learn or take from them [America, Britain, European model]”. Learning from a good teacher is useful not harmful.” But it is not enough to have good teachers, one must also be a good student and learn all of the substantive lessons, not just a word here, a phrase there and a clause somewhere else.

Do Ethiopians Want a Government of Laws and Not of Men?

The rule of law operates differently in different societies and there is no single “flawless” conception of the principle. I do believe there are some commonalities and universal elements of the rule of law principle that are applicable in all societies. To extract the most universal elements, it is necessary to learn from alternative conceptions and experiences in the application of the rule of law. But the learning process should not be robotic or involve the mindless aggregation of bits and fragments of information and analysis. It should be syncretic, synthesizing divergent and conflicting ideas and practices in the practical application of the rule of law.

The rule of law in Ethiopia, I believe, is an ancient ideal. Ordinary Ethiopians used to invoke the “divine power of the law” (ye heg amlak) against wrong-doers and abusers of power. That was when they could see the faint and distant image of justice painted on a canvas of autocratic rule. But it must also be pointed out that the Ethiopian civic culture has tolerated an insidious exception to the rule of law which persists to the present day. An old Ethiopia adage says, “One cannot plough (farm) the sky nor hold a king to account in court” (semai aye-tares, negus aye-keses). “Negus” Zenawi is the personification of that adage today. In the transition from dictatorship to democracy, Ethiopians will have an opportunity to choose between alternative conceptions of the rule of law.

My view is that rule of law is a quintessential principle of good democratic governance. It is a vital part of statecraft (the art of leading a country). It is a fundamental element in nation-building, state-building, peace-building, democracy-building, justice-building and truth and reconciliation. I do not equate the rule of law with democracy, but I believe it makes genuine multiparty democracy possible through institutional arrangements for conducting clean, free and fair elections. I do not think the rule of law by itself guarantees justice, but it will serve to facilitate the delivery of justice to citizens through an independent and transparent judicial process. It will not guarantee equality, human rights and the rest of it, but without the rule of law there can be no equality or human dignity. I believe respect for human rights is the single important manifestation of the prevalence of the rule of law in any society and the most persuasive evidence of good governance.

Rule of Unjust Laws?

I am persuaded by the works of the great philosophers, thinkers, theologians, theorists, revolutionaries and human and civil rights rights advocates — Cicero, Augustine, Aquinas, Gandhi, King and even the framers of the U.S. Constitution in their Declaration of Independence — who argued that an unjust law (diktat) is not really a law at all. Dr. Martin Luther King said, “Any law that uplifts human personality is just. Any law that degrades human personality is unjust. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws… for an unjust law is no law at all.” So Ethiopia’s transition from dictatorship to democracy will be a transition from rule by unjust laws to the rule of just laws, and an uprising from degradation to collective elevation. I believe the rule of law will take deep root in Ethiopia  when government learns always to fear its citizens and citizens acquire the courage never to fear their government!

Amharic translations of recent commentaries by the author may be found at:

http://www.ecadforum.com/Amharic/archives/category/al-mariam-amharic  and

http://ethioforum.org/?cat=24

Previous commentaries by the author are available at:

http://open.salon.com/blog/almariam/   and

www.huffingtonpost.com/alemayehu-g-mariam/

Religions as Agents of Reconciliation

This is Ethiopian Review Policy Research Center’s series on From Dictatorship to Democracy extracted/quoted from books and articles published by Albert Einstein Institution and similar sources.

In the last decade there has been heightened awareness of the relationship between violence, religions and reconciliation and much attention has been paid to the role of religions for the contribution of reconciliation processes

In the popular imagination, this idea is linked with prominent figures such as Desmond Tutu, the Dalai Lama and John Paul II. Anthropologists have stressed the importance of religious actors in mediating grassroots conflict, contributing to healing after conflict and to the integration of society.

To view the religious based reconciliation process CLICK:
Religions as Agents of Reconciliation

An “African Spring” in 2012?

Alemayehu G. Mariam

Waiting for the Dawn of “Africa’s Spring” in 2012?  How about an “Ethiopian Tsedey” in 2012?

In 2011, we witnessed the “Winter of Arab” discontent made glorious by an “Arab Spring” followed by an increasingly hot “Arab Summer” and deeply troubled “Arab Fall”. Bashir al-Assad continues to massacre his people by the dozens daily in plain view of Arab League “observers”. The Egyptian junta is increasingly baring its teeth and mauling protesters  guarding the Egyptian Revolution,  and raiding the offices of human rights organizations in that country. The U.S. and Saudi Arabia “arm-twisted” Ali Saleh in Yemen to accept a deal to give up power in “return for immunity from prosecution” (he will not face justice for any of his crimes) and “medical care” in the U.S. When tens of  thousands of Yemenis expressed outrage over the deal, Saleh unleashed his Republican Guardsmen who responded with the usual deadly gunfire. Tunisia, the cradle of the “Arab Spring”, is wobbling on its feet as the Constitutional Assembly approved a new caretaker government tasked with drafting a new constitution to replace the original one that has been in place since independence in 1956. Libya’s National Transitional Council  is facing the daunting task transitioning Libya from Gadhaffi’s madcap Jamahiriya system (“direct rule of the masses”) to a functioning multiparty democracy against a backdrop of entangled tribal politics.

Is an “African Spring” Looming on the 2012 Horizon?

No one predicted an “Arab Spring” last Fall, and hazarding a prediction of the arrival of “Africa’s Spring” this Winter may be like predicting the arrival of the Spring season by watching the proverbial groundhog watching his shadow. Is an “African Spring” looming on the 2012 horizon? There is a short and a long answer to this  question. The short answer was provided by Albert Camus, the French philosopher and Nobel laureate, in his book  “The Rebel”, over one-half century ago. “Africa’s Spring”, like the “Arab Spring”, will arrive when Africans rebel. “What is a rebel?”, asked Camus.

A man who says no… A slave who has taken orders all his life suddenly decides that he cannot obey some new command. What does he mean by saying ‘no’? He means, for example, that ‘this has been going on too long,’ ‘up to this point yes, beyond it no’, ‘you are going too far,’ or, again, ‘there is a limit beyond which you shall not go.’ But from the moment that the rebel finds his voice—even though he says nothing but ‘no’ —he begins to desire and to judge. The rebel confronts an order of things which oppresses him with the insistence on a kind of right not to be oppressed beyond the limit that he can tolerate.

In other words, “Africa’s Spring” will arrive when enough Africans wake up, stand up and say, “No! Enough is Enough!”

The Power of the Powerless is the Power to Say “No, Enough is Enough!”

Africa’s great independence struggle against colonialism was essentially a reification (realization) of the rallying cry, “No! Enough is enough!”: Enough of colonial exploitation, colonial dehumanization, colonial discrimination, colonial segregation, colonial division, colonial ethnic fragmentation, colonial polarization and colonial corruption. In his independence speech in 1957, Kwame Nkrumah of Ghana, the leader of the first sub-Saharan African colony to gain independence declared, “We have awakened. We will not sleep anymore. Today, from now on, there is a new African in the world!” A succession of “new Africans” followed in Guinea, Cameroon, Togo, Mali, Madagascar and 39 others countries on the continent.

If there is to be an “African Spring” in 2012, there must be “new Africans” in Africa who must awaken from the forced hibernation of dictatorship and oppression, stand up and say to the ruthless dictators, “No! Enough is enough!”. Enough of African dictators exploiting Africans, dehumanizing them, dividing and ruling them, ethnically balkanizing, polarizing and fragmenting them, and enough of robbing them — of elections, the public treasury and peace of mind (terrorizing them) — blind.

The Calculus of an “African Spring”

In his study of resistance and rebellion, MIT professor Roger D. Petersen asked: “How do ordinary people rebel against powerful and brutal regimes?” Petersen was interested in understanding “ordinary people and the roles they come to play during times of rebellion and resistance against powerful regimes.” He wanted to know how and why do individuals (not the “nation”, the “people”) decide to take a variety of risks by participating in a struggle against an oppressive regime.

Using an interdisciplinary approach, Petersen examined the threshold or decision points of an individual within the broader context of his community and socio-economic system. Petersen identified seven threshold points of individual roles in a rebellion against or in collaboration with an oppressive regime. At Zero level, the individual remains neutral and does nothing for or against the repressive regime or the uprising/ rebellion. At Plus one, the individual is engaged in relatively low risk anti-regime activities such as attending mass rallies and protests, graffiti writing, passing out or seeking out anti-regime literature and participating. At Plus two, the individual becomes involved in locally based armed resistance units or providing direct support for such a unit. At Plus three, the individual becomes part of an armed resistance group.

Conversely, individuals may also collaborate with oppressive regimes. At Minus one level, the individual is  involved in low level cooperation with the repressive regime by participating in such activities as officially sponsored mass rallies and working in some capacity for the repressive regime. At Minus two level the individual could be involved in locally based armed militia units organized to protect the regime. At Minus three level, the individual participates in extreme actions such as extrajudicial killings and torture on behalf of the regime or chooses to join the regime’s armed and security forces.

Facing extreme repression, individuals undergo a dual-stage process “moving first from neutrality to acts of nonviolent resistance and then to participation in community-based rebellion organization.” Petersen concluded that “whether individuals come to act as rebels or collaborators, killers or victims, heroes or cowards during times of upheaval is largely determined by the nature of their everyday economic, social, and political life, both in the time of the upheaval and the period prior to it.”

African Dictators’ Calculus of Individual Control

African dictators are fundamentally “briefcase bandits”, as George Ayittey describes them. These dictatorships  function essentially as Mafioso-type criminal syndicates and cartels and are run and operated by and for members of the dictators’ families, friends, cronies, tribal, ethnic and religious group members. Stated simply, African dictatorships are kleptocracies or thugtatorships whose principal aim is to cling to power so that they can freely plunder the public treasury and the national economy. They cling to power by disempowering individuals and denying and violating their human rights, including universally-recognized and internationally  guaranteed rights of self-expression and due process of law.

The power of fear is the supreme power in the hands of African dictators. The entire society is monitored by a vast network of secret police enforcers and informants (police state) who operate completely outside of constitutional or other legal constraints. For instance, dictator Meles Zenawi assured high level American policy-makers that “We will crush them [opposition leaders] with our full force, and they will vegetate like Birtukan (Midekssa) in jail forever.”  Uganda’s dictator Yoweri Museveni echoed the same message when he told a press conference: “There will be no Egyptian-like revolution here. We would just lock them up. In the most humane manner possible, bang them into jail and that would be the end of the story.” Such resolute expressions of brutalization are intended to strike fear and trepidation in the heart of every individual in society. The message is clear: Resistance by any individual is futile. All resistance will be crushed.

African dictators understand that charismatic and ideologically driven individuals and small dissident circles are often “first actors” in the streets and catalysts for uprisings and rebellions. They understand that such dissidents could lead large numbers of dissatisfied citizens cross the bridge of fear to the land of freedom. They do not want a repetition of the Bouazzi syndrome in Tunisia. When Yenesew Gebre, a young Ethiopian teacher in Southern Ethiopia burned himself to death protesting human rights violations, the dictatorship paraded his alleged family members on the airwaves to testify that Yenesew was crazy as a loon. Yenesew was only mad as hell at those who had denied him his basic human rights. Gadhaffi said the young people protesting his regime were dope fiends who were being manipulated by outside forces.

Africans dictators maintain their kingdoms of fear through a system of informants, secret police forces and security agents. They create and maintain a pervasive climate of fear and loathing in society, and use every means at their disposal to completely disempower, disenfranchise and dehumanize the individual. They penetrate every nook and cranny of society to monitor fully the activities of each individual and household. Spies and informants are planted in village-level organizations, schools, universities, civil and religious institutions, the bureaucracy and military and beyond. Dr. Negasso Gidada, former Ethiopian president and presently the leader of the Unity for Democracy and Justice Party, has documented that in his parliamentary election district “the police and security offices and personnel collect information on each household using structures called “shane” in which five households are grouped together under a leader who has the job of collecting information on them. Each household is required to report on guests and visitors, the reasons for their visits, their length of stay, what they said and did and activities they engaged in…”  Robert Mugabe’s notorious Central Intelligence Organization maintains a similar system of monitoring and surveillance. The irony of it all is that African dictators who rule by fear and are feared by the people in turn fear the people who fear them.

One of the prominent Founders of the American Republic said, “This will be the best security for maintaining our liberties. A nation of well-informed men who have been taught to know and prize the rights which God has given them cannot be enslaved. It is in the religion of ignorance that tyranny begins.” Africa’s dictators understand that an ignorant population is the most fertile soil upon which they can plant themselves and flourish. Controlling a society teeming with ignorant individuals is much easier than controlling a nation of well-informed and inquisitive men and women. “Ignorance is bliss,” is the slogan of the high priests of African dictatorships. They toil to keep their subject population as ignorant as possible while providing and reserving extraordinary educational and learning opportunities for themselves and their supporters.  It is a well-known fact that a young person in Ethiopia is unlikely to have access to higher education unless s/he becomes a party member and supporter of the dictatorship. Upon graduation, civil service jobs are generally off limits to non-party members. Banks will favor party members in giving out loans for business enterprises or other ventures over all others. African dictatorships aim to entrench themselves by cultivating their own enlightened elites while plunging the rest of society in a state of blissful ignorance.

On the other hand, African dictators will spare no effort to keep the population ignorant and benighted. They shutter independent newspapers and block any potential sources of critical information, including filtering of internet communication to prevent dissemination of critical information and jamming of external radio and television broadcasts. Zenawi jammed the broadcasts of  the Voice of America (Amharic program), an official agency of the U.S. Government, by claiming that the VOA was advocating genocide. “Ethiopia has the second lowest Internet penetration rate in sub-Saharan Africa (only Sierra Leone’s is lower).”  Equatorial Guinea’s dictator Teodoro Obiang Nguema has done exactly the same thing by banning the independent press and blocking the foreign media. Such extreme actions are taken to keep individuals in society dumb, dumbfounded, uninformed, unenlightened and ignorant.

George Ayittey’s “Law” on Defeating African Dictatorships

George Ayittey, the distinguished Ghanaian economist argues that African dictatorship says African dictators cannot be defeated through “rah-rah street demonstrations alone.” To purge Africa from the scourge of dictatorships, Ayittey says three things are required:

First, it takes a coalition to organize and coordinate the activities of the various opposition groups. It is imperative that you have a small group of people– call them an elders’ council to coordinate the activities– [composed] of eminent and respectable personalities who have no political baggage. They must be able to reach out to all the opposition groups. We formed one in Ghana called the Alliance for Change… Second, you got to know the enemy, his modus operandi, his strengths and weaknesses… You find his weaknesses and exploit it…. All dictators [operate] by seiz[ing] the civil service, media, judiciary, security forces, election commission and control the bank. They pack these institutions with their cronies and subvert them to serve their interests. For a revolution to succeed, you have to wrest control of one of more of these institutions. Third, you have to get the sequence of reform correct…

Last year, there were ten elections in Africa. The dictators won all ten… Why? Because the opposition was divided. In Ethiopia, for example, there were 92 political parties running to challenge the dictator Meles Zenawi… It shouldn’t be this way. The council should bring all of the opposition into an alliance…

Before an “African Spring”, an African Reawakening From Hibernation

The power of the powerless individual is the power to say “No. No More! No Way. No How! Enough is Enough!” As Prof. Petersen suggests, each individual has a tipping point when s/he will fight or collaborate. For Bouazizi in Tunisia and Yenesew in Ethiopia, they reached their individual tipping points and, tragically,  burned themselves to death. The question for every African living under a dictatorship is not whether to remain neutral (for there can be no neutrality in the face of evil), but whether to become or not to become part of a system of oppression, brutality and injustice. The university professor makes that choice when s/he waxes eloquent justifying that dictatorship is indeed democracy. The judge makes that choice when s/he imposes a judgment directed by the political bosses. The police or security officer makes that choice when s/he is ordered to shoot innocent civilians. The soldier make that choice when s/he occupies a village in search of “rebels.” The bureaucrat makes that choice when s/he uses official power to empower the powerful and disempower the powerless.  The man and woman in the street will make that choice every day in everything s/he does and thinks about.

Kwame Nkrumah was right when he declared in 1957,  “We have awakened. We will not sleep anymore. Today, from now on, there is a new African in the world!” Nkrumah himself, the international symbol of African freedom and Pan-Africanism, could not bear to see an awakened Africa. In 1964, he declared himself president-for-life, banned opposition parties and jailed labor and opposition party leaders and judges. Justifying his dictatorial actions he wrote, “Even a system based on a democratic constitution may need backing up in the period following independence by emergency measures of a totalitarian kind.” The great Nkrumah was fatally infected by the terminal disease known as “absolute power”. But Nkrumah was right before he started roller skating on the wrong side of history; and like all dictators who came after him, he underestimated the will and resistance of individual citizens and their ability to unite and wrest their freedom.

All African dictators mistake decades of fear-enforced silence for surrender and resignation. Their arrogance blinds them to the palpable anger, loathing and pent-up rage of their citizens. They ignore and sneer at the  immutable law of history: “Those who make peaceful revolution impossible will make violent revolution inevitable.” Africa’s Spring will arrive when Africans “have awakened; [when Africans] will not sleep anymore; [when] today, from now on, there is a new African in [Africa]” who is willing to stand up and say, “No! Enough is enough!”.

Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ and http://open.salon.com/blog/almariam/

Ethiopia: The Art of Bleeding a Country Dry

Alemayehu G. Mariam

Ethio-Corruption, Inc. (Unlimited)

The people of Ethiopia are being bled dry. No matter how hard they try to fight their way out of absolute destitution and poverty, they will be swimming upstream against the current of illicit capital leakage”, wrote Economist Sarah Freitas who co-authored an upcoming report with  Lead Economist Dev Kar of Global Financial Integrity (GFI). The GFI report entitled, “Illicit Financial Flows from Developing Countries over the Decade Ending 2009,” previewed in the Wall Street Journal, found that

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… In 2008, Ethiopia received  US$829 million  in official development assistance, but this was swamped by the massive illicit outflows.  The scope of Ethiopia’s capital flight is so severe that our conservative US$3.26 billion estimate greatly exceeds the  US$2 billion value of Ethiopia’s total exports in 2009.”

Two weeks ago in my commentary, “Why is Ethiopia Poor?”, I highlighted the fact that the Legatum Institute (LI), an independent non-partisan public policy group based in London, had recently ranked Ethiopia a pretty dismal 108th/110 countries on its 2011 Prosperity Index (LPI). Last year, the Oxford Poverty and Human Development Initiative (OPHDI) Multidimensional Poverty Index 2010 (formerly annual U.N.D.P. Human Poverty Index) ranked Ethiopia as the second poorest (ahead of famine-ravaged Mali) country on the planet. According to OPHDI, the percentage of the Ethiopian population in “severe poverty” (living on less than USD$1 a day) in 2005 was 72.3%.  Six million Ethiopians needed emergency food aid in 2010 and many more millions needed food aid in 2011 in what the U.N. described as the “worst drought in over half a century to hit parts of East Africa”.

The cancer of corruption is deeply embedded in the marrow of the Ethiopian body politic. The recently released  Transparency International (TI) 2011 Corruption Perception Index report on Ethiopia confirms the findings of GFI and other anti-corruption international organizations. For the past decade, TI has ranked Ethiopia at the bottom of the barrel of countries ruled by the most corrupt governments. In fact, for the past ten years Ethiopia’s score on the TI index has remained virtually unchanged (TI ranks countries on a 0 (“highly corrupt”) to 10 (“very clean”) scale.

TI Corruption Index Score for Ethiopia by Year

2011     2.7

2010     2.7

2009     2.7

2008     2.6

2007     2.4

2006     2.4

2005     2.2

2004     2.3

2003     2.5

2002     3.5

In light of the 2011 GFI and TI reports, is there any doubt today why Ethiopia is the second poorest nation in the world? Is it rocket science to figure out why Ethiopians are the second poorest people on the planet? Ethiopians are poor because they have been robbed, ripped off, flimflammed, bamboozled, conned, fleeced, scammed, hosed, swindled, suckered, hoodwinked, victimized, shafted and taken to the cleaners by those clinging to power like bloodsucking ticks on an African milk cow. Is it not mindboggling that the US$3.26 billion stolen out of Ethiopia in 2009 was double the amount stolen in 2008 and 2007!?!

The Art of Bleeding Ethiopia Dry

I have long argued that the business of African dictatorships is corruption. In a November 2009 commentary entitled “Africorruption Inc.”, I wrote the following about corruption in Ethiopia:

The devastating impact of corruption on the continent’s poor becomes self-evident as political leaders and public officials siphon off resources from critical school, hospital, road and other public works and community projects to line their pockets. For instance, reports of widespread corruption in Ethiopia in the form of outright theft and embezzlement of public funds, misuse and misappropriation of state property, nepotism, bribery, abuse of public authority and position to exact corrupt payments and gain are commonplace. The anecdotal stories of corruption in Ethiopia are shocking to the conscience. Doctors are unable to treat patients at the public hospitals because medicine and supplies are diverted for private gain. Tariffs are imposed on medicine and medical supplies brought into the country for public charity. Businessmen complain that they are unable to get permits and licenses without paying huge bribes or taking officials as silent partners.

Publicly-owned assets are acquired by regime-supporters or officials through illegal transactions and fraud. Banks loan millions of dollars to front enterprises owned by regime officials or their supporters without sufficient or proper collateral. Businessmen must pay huge bribes or kickbacks to participate in public contracting and procurement. Those involved in the import/export business complain of shakedowns by corrupt customs officials. The judiciary is thoroughly corrupted through political interference and manipulation as evidenced in the various high profile political prosecutions. Ethiopians on holiday visits driving about town complain of shakedowns by police thugs on the streets. Two months ago, Ethiopia’s former president Dr. Negasso Gidada offered substantial evidence of systemic political corruption by documenting the misuse and abuse of political power for partisan electoral advantage. Last week, U.S. State Department spokesman Ian Kelley stated that the U.S. is investigating allegations that “$850 million in food and anti-poverty aid from the U.S. is being distributed on the basis of political favoritism by the current prime minister’s party.” [As of December 2011, over two years after the investigation was launched, the State Department has not publicly released the results of its  investigation.]

Deceit, chicanery, paralogy and sophistry are the hallmarks of Meles Zenawi’s regime in Ethiopia. The cunning dictator has been able to shroud his corrupt empire by pursuing a propaganda policy of mass distraction and by staging one farcical political theatre after another. Zenawi has successfully distracted public attention from rampant corruption by

Making wild allegations of terrorism against his critics, persecuting and prosecuting his opponents and by jailing and exiling independent journalists (a couple of weeks ago, Zenawi shuttered Awramba Times);

Proclaiming a bogus Growth and Transformation Plan that will “double economic growth by an annual average of  14.9 percent” by 2015;

Selling Ethiopia’s most fertile land for pennies above the table and for millions under the table;

Panhandling the international community for famine and humanitarian aid and misusing that aid for political purposes;

Taking massive loans from international banks without     any significant accountability on how it is spent;

Trying to shame and intimidate Western bankers and donors by hectoring them of the evils of  “neoliberalism”;

Proclaiming the construction of an imaginary hydroelectric dam over the River Nile;

Sending troops to occupy Somalia and threatening war with other neighboring countries;

Vilifying international human rights groups, election observers and officials of multilateral organizations who disagree with him;

Dispatching swarms of officials to panhandle the Ethiopian Diaspora for nickels and dimes to buy dam bonds;

Systematically extracting foreign remittances sent by Diaspora Ethiopians;

Staging political theatre by a toothless anti-corruption agency to hoodwink complicit Western donors and loaners.

Etc., etc.

The Economics of Corruption

The Economist Magazine in its November 7, 2006 editorial described “the Ethiopian government as one of the most economically illiterate in the modern world.”  In 2009 at a high level meeting of Western donor policy makers in Berlin where, a German diplomat suggested that Ethiopia’s economic woes could be traced to “Meles’ poor understanding of economics”. They are all wrong!

No one knows corruption, the economics of kleptocracy, better than Zenawi.  The facts of Zenawi’s corruptonomics are plain for all to see: The economy is in the stranglehold of businesses owned or dominated by Zenawi family members, cronies, supporters or hangers-on. According to the World Bank, business enterprises affiliated with Zenawi’s regime control “freight transport, construction, pharmaceutical, and cement firms receive lucrative foreign aid contracts and highly favorable terms on loans from government banks.” Dataprovided by Zenawi’s regime  showed that by the end of the 2009 fiscal year, Ethiopia’s  outstanding debt stock was pegged at a crushing USD$5.2 billion. The USD$11.7 billion stolen over the past decade could easily retire that debt. Ethiopia is Africa’s largest recipient of foreign aid at nearly $USD4 billion in 2009, and the second largest foreign aid recipient in the world after Afghanistan.

Is There a Way to Stop Ethiopia from Bleeding?

The international community “naively” believes that corruption in Ethiopia and the rest of Africa could be controlled and significantly reduced by anti-corruption programs. The U.N. Convention Against Corruption (2003)requires signatories to “develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.” Ethiopia signed the U.N. Convention in 2003. The Africa Union Convention on Preventing and Combatting Corruption (2003)  established a regime to empower African countries to “prevent, detect, punish and eradicate corruption and related offences in the public and private sectors.”  The Convention prescribes that “in order to combat corruption and related offences in the public service, State Parties” shall “require public officials to declare their assets at the time of assumption of office during and after their term of office  in the public service.” Ethiopia signed the AU Convention in 2004. Neither of these Conventions has even made a dent in controlling the metastasizing corruption in Ethiopia.

Zenawi knows the power of corruption. He has effectively used corruption allegations to neutralize and eliminate his political opponents. He used his “Federal Ethics and Anticorruption Commission” to railroad his comrade-in-arms and former defense minister, Seeye Abraha, to jail for six years on unsubstantiated allegations of  corruption. When then-Judge Birtukan Midekssa, and later Ethiopia’s first female political party leader and long suffering political prisoner, released Seeye for lack of evidence, Zenawi rammed legislation through his rubberstamp parliament  to deny Seeye bail and keep him in pretrial detention. He later fired Judge Birtukan.  In 2008, Zenawi’s anticorruption commission reported that “USD$16 million dollars” worth of gold bars simply walked out of the bank in broad daylight. A number of  culprits were fingered for the inside bank job, but no one was ever prosecuted. 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”. He warned them that if anyone should steal coffee in the future, he will “cut off their hands”.

For years, I have documented and railed against corruption in Ethiopia. In December 2008, three years to the month, in a weekly commentary entitled, “The Bleeping Business of Corruption in Ethiopia”, I wrote:

The fact of the matter is that the culture of corruption is the modus operandi in the Ethiopian body politics. Former president Dr. Negasso Gidada clearly understood that when he declared in 2001 that ‘corruption has riddled state enterprises to the core,’ adding that the government would show ‘an iron fist against corruption and graft as the illicit practices had now become endemic’. 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.’…. Ironically, in 2003, Ethiopia signed the U.N. Convention Against Corruption; and a couple of months ago, a conference on institutions, culture, and corruption was hosted jointly in Addis Ababa by the United Nations Economic Commission for Africa and the Council for the Development of Social Science Research in Africa.

The fact of the matter is that absolute power corrupts absolutely. Zenawi has absolute power in Ethiopia.  Pleading for transparency and issuing moral exhortations against corruption will have no effect on the behavior of Zenawi or any of the other African dictators. Indeed, to plead the virtues of accountability, transparency and good governance with Zenawi and Co., is like preaching Scripture to a gathering of heathens. It means nothing to them. They are unfazed by moral hectoring or appeals to conscience. They sneer and jeer at those who rail and vociferate against corruption. Preaching to the corrupt, to put it simply, is an exercise in total futility!

In my November 7 commentary “To Catch Africa’s Biggest Thieves Hiding in America!”, I discussed the importance of initiating and cooperating with the U.S. Justice Department (DOJ) in civil forfeiture actions to seize corruptly obtained cash, personal or real property of any person or entity that can be traced to “specified unlawful activity”. These civil court actions extend to foreign offenses involving extortion, money laundering, or the misappropriation, theft or embezzlement of public funds by or for the benefit of a public official of a foreign government. (18 U.S. C. sections 981 (a) (1) (c); 1956; 1957.)  The U.S. has recently filed action to seize personal and real property of Teodoro Nguema Obiang Mangue, the 43-year old son of President Teodoro Obiang Nguema Mbasogo of Equatorial Guinea.

Carefully review and analysis of GFI and TI data sources reveals that public assets and funds stolen from many African countries, including Ethiopia, are often hidden in banks located in the U.S. and Europe, although the clever African dictators are now diversifying by taking advantage of  financial havens in countries experiencing rapid growth and industrialization. Much of the corruption activity centers around money laundering (that is,  illegal or dirty money is put through a complex cycle of financial transactions or washed and is transformed into legitimate or clean money).

The basic idea in money laundering is to minimize the chances of detection of stolen public assets and funds by breaking the direct link between the kleptocrats or “corruptocrats” and their collaborators by disguising the true ownership. Using financial consultants, shell companies (bogus companies that exist to simply create the appearance of legitimate transactions through fake invoices and balance sheets), fraudulent official documentation, wire transactions, and “smurfing” techniques (breaking up large amounts of money into smaller, less-suspicious amounts in the names of multiple persons) etc., those who have stolen public assets and funds try to sever or camouflage their loot from its illegal source by placing it in international financial institutions. The aim in money laundering is at least twofold: 1) gain anonymity and hide the audit trail in case of a criminal investigation, and 2)  plough the “clean money” into the legitimate economy by buying homes, investing in legitimate businesses, starting businesses and so on.

If the problem of corruption is to be addressed effectively in Ethiopia and the rest of Africa, it is not going to be at the fountainhead of the corruption itself but in the ocean where the river of corruption terminally flows. As one cannot expect the fox to safeguard the henhouse, one cannot similarly expect Africa’s dictators and corruptocrats and their collaborators to safeguard public assets and funds. A big part of the answer to the question of corruption lies in the Laundromats of financial institutions where the dirty money is washed. That’s why I believe it is the civic and moral duty of every Ethiopian and African to help the U.S. Justice Department catch Africa’s biggest thieves hiding in America. It is very easy to do, and do it anonymously.  Individuals with information about possible proceeds of foreign corruption in the United States, or funds laundered through institutions in the United States, should contact Immigration and Customs Enforcement, Homeland Security Investigations (ICE HIS) toll free at 866-347-2423 or send email to: [email protected]. If calling from outside of the U.S., the number is: 802-872-6199  

BLOW THE WHISTLE ON AFRICA’S BIGGEST THIEVES HIDING IN AMERICA!!!

Previous commentaries by the author are available at:

www.huffingtonpost.com/alemayehu-g-mariam/

and

http://open.salon.com/blog/almariam/

 

 

Why Ethiopians Must Unite, Part Four (b) of Five

By Aklog Birara, PhD

In part three of this series, I indicated that there are major social and economic hurdles ordinary Ethiopians face each day that should compel Ethiopian opposition groups within and outside the country and the rest of us to make is their singular business to advance the cause of unity and stop bickering among themselves {www:ad infinitum}. More than any single factor, it is their quarrelsome behaviors and actions and their divisions that prolong the agony of the Ethiopian people. The lives and well-being of ordinary Ethiopians are not improving at all. In some critical areas such as incomes, inequality, graft and corruption, concentration of wealth, education, health, shelter, sanitation and employment things are getting worse. {www:Hyperinflation} continues unabated; and the governing party is in no position to contain this havoc. It is its own creation and some folks actually benefit from substantial rises in the cost of living and from shortages. There is a growing perception among ordinary Ethiopians that the Diaspora aggravates the problem.

My argument for unity is straight forward. It is the moral obligation of anyone and everyone who believes in Ethiopia and in the Ethiopian people to do the opposite of what the TPLF/EPRDF regime does so effectively to the Ethiopian people: divide and rule. All indicators show that there a huge disconnect between what top officials of the governing party say and what they do to alleviate the problems ordinary Ethiopians face. So, those who believe that Ethiopians are not being served by their government have no excuse not to close ranks and work for the same goals. For example, high ethnic officials show greater dedication for and commitment to their ethnic bases than they do to the entire country and its diverse population. When and if it suits them, they show affinity to Ethiopia and tend to appeal to the Ethiopian people as a whole, for example with regard to the financing of the Renaissance Dam. This duality is calculated to serve a strategic and not a national purpose. It is part of divide and rule and part of keeping the society in permanent suspense.

The strategy of divide and rule and keeping the society in permanent suspense operate together because political and social actors who oppose the system have yet to wake up from their slumber and work relentlessly and consistently in support of the vast majority of the Ethiopian people who seek justice, fair play, equality and opportunity now and not decades from now. Division within the opposition camp is a major source of strength for the governing party. Those who want political pluralism must recognize that Ethiopia is theirs to save and the Ethiopian people are their responsibilities to defend. They must accept the notion that Ethiopia belongs to all of them; and that its shame is equally their shame. I refer to continued poverty, hunger, illiteracy and disease that afflict millions. Ethiopia is still identified as “one of the hungriest and unhealthiest nations on this planet.” It is still poor and technologically backward despite US billions of dollars of aid that continues to pour into the pockets of a few. Aid is now contributing not only to the acquisition of higher incomes and wealth for the few; but is also to regional disparities and repression. More billions of foreign aid will not transform the Ethiopian economy. Only empowered Ethiopians can improve their lives and the status of the country.

Why is Ethiopia still poor?

Ethiopia has been and continues to be the world’s experimental laboratory in development in general and poverty alleviation in particular. For the aid business, this experimentation will continue because donors serve their own national interests first, and would not care if Ethiopia’s poverty persists for decades to come. A weak, dependent and hungry Ethiopia generates business for many in the aid community. There is no altruism. The Ethiopian People’s Revolutionary Democratic Front (EPRDF) that assumed political power in 1991 has benefitted substantially from increased aid that now exceeds more than US$3 billion a year, US$ 1 billion coming from the United States, the largest bilateral donor. Today, Ethiopia is the largest aid recipient in Sub-Saharan Africa and the fourth largest in the world, after Afghanistan, Iraq and Indonesia.

If aid would move a country from abject poverty to sustainable and equitable development, Ethiopia would have achieved it by now. Donors pump in billions without measuring impact on the ground; and without a sense of who ultimately benefits from Western taxpayer dollars. There is no accountability to the Ethiopian people. The current Western preoccuption with Anti-Terrorism in the Horn of Africa compels them to place singular premium on peace and stability rather than human rights and sustainable and equitable development that emanates from popular participation and the rule of law. They tend to offer band-aid when people face famine and starvation instead of pushing for rapid reform and investments in smallholder agriculture.

The case of agricultural production tells the disastrous and ineffective nature of aid in the country. Donors ignore prerequisites such land tenure reform, a pro-poor and private sector regulatory framework, voice and participation, the rule of law and so on that will make aid at least more effective.

There is no reason for Ethiopians to go hungry. The country possesses ample natural and human resources including “arable land for crop and animal farming,” and water resources that are the envy of many countries such as Egypt and the Sudan. Ethiopia is the ‘water tower of Africa.’ Yet, irrigated agriculture is among the least developed and accounts for only 1 percent of farming. Massive aid, substantial remittances estimated by an internal World Bank study at US$3.5 billion {www:per annum}, millions of hectares of fertile and irrigable lands and huge human capital have not made a dent on the country’s intractable poverty. Opponents of the regime have immense data in their hands to shame the regime now and not a decade from now. But, they need to speak with one voice and pull in the same direction.

The UNDP estimates that {www:illicit} outflow of funds under the current regime is in excess of US$8.345 billion. Last year, Global Financial Integrity estimated that illicit outflow from Ethiopia amount to US$11 billion. The Prime Minister conceded that a few privileged Ethiopians have US$2 billion in foreign banks. Aid contributes these forms of plunder and scandalous activities. Most of Ethiopia’s pervasive aid comes from Western sources. Those in the Diaspora can and should challenge whether or not these donors live up to their own values of freedom, empowerment, free enterprise and the evolution of a robust domestic private sector in granting generous monies to a repressive, discriminatory and corrupt governing elite. Massive corruption and illicit outflow from one of the poorest and aid dependent countries in the world can be challenged using available and credible data.

Although estimates vary from country to country, experts say that more than 30 percent of foreign aid is ‘stolen’ through a variety of contractual and other schemes. Where does the money go is a legitimate question to pose. More than 87 percent of Ethiopians rely heavily on agriculture and related activities to sustain life. Yet, only an estimated 17 percent of agricultural produce is marketed properly. Only 17 percent of the country is urbanized. There are more than 7 million orphans. Unemployment among youth is among the highest in the world. Ethiopia’s largest export is labor, with hundreds of thousands immigrating to all corners of the world, especially to the Middle East.

In countries that are nationalistic and all inclusive, education serves as a ticket out of poverty. In Ethiopia today, education does not necessarily lead to jobs. In development, the lead and primary responsibility of any government is to feed and shelter its population. In Ethiopia, this is not the case. The East Asian and Pacific region miracle countries such as Korea, Taiwan, Singapore, Thailand, and increasingly emerging economies such as Bangladesh, China, India, and successful economies in Africa such as Botswana, Mauritius, Cape Verde, Ghana and others invested and still invest heavily in agriculture. Most recently, the government of Ghana secured US$100 million in soft loans from the World Bank to invest into agriculture in the North. This investment will offer job and income generating opportunities to thousands of Ghanaian youth.

A hungry and unhealthy population cannot produce. It is for the same reason that these and other successful economies invest heavily into quality primary, secondary and tertiary education and into comprehensive and quality health care. The Ethiopian government tells donors that it has trained thousands of health extension personnel. It says the same thing about agricultural services. Indicators show that health services are among the least developed in the world. The small island nation of Seychelles avails quality health services to the remotest village. India overcame recurring famine by investing heavily in agriculture (the Green Revolution) to which aid contributed. The government made substantial investments in the fertilizer industry so that farmers would have adequate access to nationally produced fertilizers.

China’s agriculture and rural sectors were transformed by the Chinese themselves without much aid from outside. This structural transformation eliminated recurring famine and hunger and improved wellbeing substantially. It is for this reason that I continue to suggest that a ‘Green’ type of smallholder based revolution is the single most important transformer of economic and social life in Ethiopia. It will have the greatest impact on the greatest number of people and would remove one of the sources of shame for all of us. Would the TPLF/EPRDF regime invest heavily into a smallholder revolution and release the productive potential of Ethiopian farmers and others in the rural sector? Would the aid community insist that the Ethiopian government changes policies to advance the cause of sustainable and equitable development? I doubt it. The poor are easier to control and to manipulate that the well to do. There is no evidence that it is either willing or capable of introducing radical reforms that will make poor people owners of assets such as lands.

Believe it or not, high officials of the government argue that Ethiopia will achieve food self-sufficiency and security by farming out millions of hectares of its most fertile lands and water basins to foreign governments, firms and individuals from 36 countries, and to a few domestic allies all affiliated to the TPLF. As the Prime Minister noted a few months ago, gradually foreign firms are “taking hold of the pillars of the national economy” and Ethiopians face the risk of losing these pillars and losing their country. The systemic causes and linkages emanate from single party and endowment dominance of the pillars of the economy.

The TPLF created and sponsored conglomerate EFFORT that controls at least 30 diverse enterprises, and the Saudi and Gulf States sponsored and financed conglomerate MEDROC group managed by Sheikh Al Amoudi controls 30 other large and diverse enterprises. Combine these monopolies and deduct the implications. They literally crowd-out the rest of Ethiopians. This is among the reasons why the national domestic private sector is among the weakest in Africa. There is nothing on the horizon to change the roles of these monopolies.

In a recent Al-Jazeera sponsored debate on land grab, a prominent Indian economist said that “foreigners have more power and influence than Ethiopians in their own home country.” Granting Ethiopian waters and fertile farmlands to foreign interests instead of raising the capabilities of Ethiopian smallholders and encouraging nationals to invest in commercial agriculture takes away the key sources of comparative advantage the country and its population possess. Foreign owned large scale commercial farms will not transform Ethiopian society for the better. As designed, they will make Ethiopian society more dependent and more vulnerable than ever before. For details, I urge the reader to read my latest book, The Great Land Giveaway: yemeret neteka ena kirimit in Ethiopia.

Contradicting Ethiopian government officials, including the Ethiopian Deputy Prime Minister–who pronounced, on a visit to India, that smallholder farming is inefficient, and ineffective–most foreign experts and multilateral agencies such as the World Bank argue that:

i) Smallholder farms are more productive than large-scale commercial farms;
ii) 400 million farms around the globe, with less than one ha of land, are in a position to double or triple their harvest. In Punjab, India, smallholders raised their output from one ton per ha to 4-5 tons per ha after the introduction and wide-spread use of Green revolution that transformed Indian agriculture forever. Indian firms are among the “new farmland colonizers” in Ethiopia at the invitation of the government. They want to secure foods for Indian consumers and are planning ahead to secure food security. Who is thinking of future generations of Ethiopians and their food security?
iii) Next door in Kenya where smallholder based farming is developed, 27 tractors are deployed per 100 SQ km of arable land; in Ethiopia, only 2 tractors per 100 SQ km. The governing party is only interested in securing wealth for its core and allies and in maintaining power.

Just reflect on what top officials, including the Prime Minister tell the world. ‘Inflation is common in growth economies. There is no famine; only hunger’ and so on. They justify that which cannot be defended statistically. Inflation will be minimal if productivity increases. Hunger will be history if agricultural productivity was the norm and not the exception. The Ethiopian government’s priority is to meet the basic needs of the population and not to enrich itself and its supporters.

“Smallholder-based productivity growth is the most leveraged pathway by which we can address poverty reduction,” says Prabhu Pingali, a leading agricultural expert who also criticizes land grab. In its seminal report on food aid and dependency in Ethiopia, Oxfam noted that “Food aid is not the best way to alleviate poverty.” Rather, the best way is to boost the capabilities of Ethiopian smallholders. Heavy investment in a smallholder revolution in Ethiopia is therefore a smart policy for any government that is dedicated to the country and its diverse population. The benefits are two-fold: it reduces poverty and increases incomes; and eliminates under-nutrition or malnutrition from which millions suffer. Consumers will have access to cheaper food. Farmers with more incomes will afford to send their children to school. Mothers will afford to seek medical treatment. Instability and insecurity will ease.

The government will generate more revenues. Eliminating or at least mitigating the sources of drought–that India and others have done successfully—is smart public policy for another reason. According to Oxfam, drought costs Ethiopia US$1.1 billion per year, an amount that exceeds government investments in agriculture, and USAID to Ethiopia. Investments in smallholder farming by removing the policy, structural and input hurdles that keep the poor in their place and the country on a low level agricultural productivity track is responsible governance. The cause to the tragedy is not nature but poor and repressive governance that alienates the population from ‘their government’ and its institutions.

Take a look at global surveys and conclusions. In recent surveys by the Gallop Poll, the Legatum Prosperity Index, Freedom House and the Wall Street Journal as well as assessments by the World Bank and the IMF, it is clear that the governing party is totally detached from the population: it does not serve them at all.

The vast majority do not trust their government, its leaders and institutions. Only 30 percent of those surveyed approve what the government is doing. Only 21 percent are convinced or are satisfied that the government is doing anything and everything meaningful to address their problems. Only 19 percent believe that the governing party respects free and fair elections. This is why the country is ranked 101st in the administration of the rule of law without which sustainable and equitable development is unthinkable. Application of the rule is fundamental in advancing opportunity.

In the 21st century, no country can achieve sustainable and equitable development without quality education that leads to jobs and business creating opportunities. In the 2011 UN Human Development Index, Ethiopia ranks 107th, an absolute failure for a poor country that the regime claims is growing by leaps and bounds each year for several years. No single country can aspire to join middle income status without allowing the power of information technology such as mobile phones, the Internet, television and other media that unleash the productive potential of its population, especially girls and other youth. There are 5 mobile phones for 100 people. Only 29 percent of the population has access to sanitation and only 7.5 percent to safe drinking water. At only 0.4 percent, access to electricity is a luxury in Ethiopia as is access to good shelter. Access to financial and banking institutions is only a dream for most. Thirty-three percent have to walk 20 km to access the closet bank. Chronic unemployment is taken as a way of life. Twenty-one percent of the population is unemployed. Some people will never dream to hold a job in their lifetime. They may be born poor and may die poor.

More than 5 million people depend on remittances to survive and to perhaps to enjoy luxuries such as mobile phones that they would obtain otherwise. What about the rest who have no relatives abroad or are not connected to the ruling party for sheer survival?

The structure of the economy is stuck. Small enterprises are the largest employers in the so-called modern private sector, with an estimated 29,083 enterprises according to government statistics. Of these, 93 percent are grain-mills. Can you imagine transforming the structure of the economy with grain-mills? Indigenous production of traditional clothes, metal based supplies, medicines and others are shunned instead of coveted, protected, further developed and modernized as national resources, Most are forced to give way to imported substitutes. It is as if products and services of Ethiopian origin have little or no value at all. Nationally oriented governments give attention to and protect indigenous products and give them prominence.

The government of Namibia is a prime example in protecting indigenous culture, products, natural resources and peoples. It has gone further than any by incorporating environmental laws in its national constitution. Namibia consists of different nationality or ethnic groups who have decided to live with one another as Namibians. They interact with one another as Namibians and accept Namibia as their common country. They protect their environment for future generations. There is no evidence whatsoever that the Ethiopian government does this. Remember, Namibia is one the newest African countries; and Ethiopia the oldest. Can the governing party explain why it allows foreign governments and businesses to destroy the remaining forests and misuse scarce and precious water resources, for example, to produce flowers for export while Ethiopians go hungry each day? Deforestation continues at alarming rate of 88,000 ha per year. One of the “hungriest and unhealthiest countries in the world” is at the same time one of the few countries in the world whose government is not protecting the environment.

In the 2011 Legatum Prosperity Index, Ethiopia is in the bottom 3 of 110 countries surveyed in terms of per capita income and wellbeing along with the Central African Republic (CAR) and Zimbabwe. Citizens with low incomes cannot buy what they need to survive. They cannot afford to buy medicine or to build homes. Despite its huge population, Ethiopia ranks 76th in market size because there is no broad economic participation in the economy. Wealth and incomes are highly skewed and concentrated. In a country that heavily ethnicized through the kilil system, the domestic market and economy are fractured. Lack of market integration associated with lack of national cohesion is costly to the economy and to entrepreneurs. The cost of doing business is among the highest in the world because of ethnic division, market fragmentation, collusion, administrative and state capture corruption. This is why someone in Addis Ababa characterizes Ethiopia as a country that resembles a “person who travels in the darkness of night not knowing where he is going.”

All foreign visitors to Ethiopia are alarmed by the gaping differences in incomes, wealth and wellbeing between the small political, economic and social elite that wield political power and the vast majority of the population that is poor. Ethiopia ranks 20th out of 110 countries surveyed. Similar to this Legatum finding, Mo Ibrahim places the country 35th out of 53 African countries. The 2011 UN Human Development Index that ranks Ethiopia 174th out of 187 countries is consistent with other surveys. This survey is more significant in that it covers wealth and incomes, education, life expectancy, health and sanitation, shelter and other basic needs. A key element in this multidimensional survey is gross inequality between those who have and those who do not; between who can eat and those who cannot; between those who are employed and those who have no access to opportunities; between those who benefit from growth and those who are left out. “Ethiopia’s HDI is 0.363 which gives the country a rank of 174 out of 187 countries with comparable data.” Human development index for Sub-Saharan African countries increased from 0.365 in 1980 to 0.463 in 2011 while it declined in Ethiopia, placing it below the regional average. In other words, Ethiopians are worse off than the rest of Africans.

This begs the question: where is the evidence that growth has benefitted most Ethiopians? There is no evidence and the UN Human Development Index is the best evidence one can offer to prove the point.

Part four is divided into two sections for ease of reading a technical piece. Part four (b) of five will discuss the relationships and distinctions between growth and development, the perceptions of the Diaspora who travel back and forth to Ethiopia; and seven critical hurdles Ethiopian society faces today.

For those interested in providing feedback and in ordering my new book, “The Great Land Giveaway: yemeret neteka ena kirimit in Ethiopia,” the author can be reached at: [email protected]

Ethiopia: Kangaroo Justice for Two Swedish Journalists

Alemayehu G. Mariam

Johan Persson and Martin Schibbye in Kangaroo Court 

The old adage is that “ignorance of the law is no excuse.” Could it be said equally that arrogance excuses ignorance of the law? Dictator-in-chief Meles Zenawi recently proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while visiting Norway. He emphatically declared that the duo had crossed into Ethiopia from Somalia with insurgents of the Ogaden National Liberation Front (ONLF) as terrorist accomplices and collaborators: “They are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.”

At a “court” hearing last week, Persson denied the charges: “My intention was to do my job as a journalist and describe the conflict. Nothing else. Not guilty.” Schibbye admitted “entering the country without proper documentation. For that I am guilty and I apologize to the government of Ethiopia. But I am not guilty of terrorist activity.” Shimeles Kemal, the “chief prosecutor” was full of hyperbole when he laid out his “legal” case in a press conference. He claimed the two journalists “entered the country with a gang of terrorists. They have even been trained in using weapons. They are accused of abetting and rendering professional assistance to terrorists. Their activities go a bit beyond just journalistic news gathering.”

Criminalizing, demonizing and dehumanizing journalists, opposition leaders and dissidents as “terrorists”, “insurrectionists”, “treasonous” traitors, etc. isZenawi’s signature M.O. (method of operation). When Zenawi jailed editors of several newspapers following the 2005 elections, he described them in much the same way: “For us, these are not just journalists. They will not be charged for violating the press laws. They will charged, like the CUD leaders, for treason.” This past June, Zenawi ordered the arrest and detention of two young and dynamic journalists, Woubshet Taye, deputy editor of the weekly Awramba Times and Reeyot Alemu, columnist for the weekly Feteh, on fuzzy accusations of terrorism. Last month, Zenawi’s “chief prosecutor” ordered the arrest and detention of the distinguished Ethiopian journalist Eskinder Nega “for conspiring with terrorist organizations such as Ginbot 7 and other foreign forces who wanted to wreak havoc in the country through their terrorist activities.” When Zenawi wants to jail journalists, he simply brands them as “terrorists” or smears them with a similar label and carts them off to jail.

The Committee to Protect Journalists roundly condemned Zenawi’s statement as “compromising” the Swedish journalists’ human right to a “presumption of innocence and for predetermining the outcome of their case”. But much more is compromised, including the rule of law, principles of due process and fair trial, the universal principle that it is the accuser, and not the accused, who bears the burden of proof in a criminal case, the principle that guilt is proven in a court of law with an independent judiciary and not before a full court press or the court of international opinion. Ultimately, Zenawi’s statement compromised justice itself.

When Zenawi tagged these two journalists as “terrorist messenger boys” and “participants in the actions of a terrorist organization”, he had in fact sealed their fate and pronounced the final word in kangaroo justice. There is no way that Persson and Schibbye could possibly get a fair trial or not be convicted following such an outrageous and egregiously depraved statement by Zenawi.

Difference Between Journalists and Terrorists 

Zenawi sarcastically mocked the two Swedish journalists by rhetorically asking if what they did is “journalism, I don’t know what terrorism is.” Zenawi is entitled to some basic clarification by means of concrete examples. War crimes (“the wanton destruction of cities, towns and villages, and any devastation not justified by military or civilian necessity [Geneva Convention]” are acts of state terrorism. So are crimes against humanity (“widespread or systematic attack directed against any civilian population, murder, forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, torture, [Rome Statute]”.  The “systematic use of violence to create a general climate of fear in a population and thereby to bring about a particular political objective” by an “extremely powerful political police against an atomized and defenseless population” is plain old-fashioned terrorism that is familiar to the average Ethiopian citizen.

When journalists are embedded with a regular or an irregular military unit and go into a conflict or war zone, they are engaged in “combat journalism”. When journalists dig for facts in places where there is an official news blackout, they are engaged in investigative journalism. When journalists undertake dangerous assignments and cover stories firsthand from a war zone, they are often called war correspondents. When independent reporters, writers and photojournalists accept specific assignments to cover particular stories, they are engaged in freelance journalism. It is because of freelance journalists that the world has come to know so much about the war crimes and human rights abuses that took place in such places like Kosovo, Angola, Sierra Leone, Lebanon, Afghanistan, Iraq, Liberia and many other places.

Oftentimes insurgent and rebel groups distrust professional journalists affiliated with established news organizations. They are more likely to cooperate with freelance journalists who often take great risks to their own safety to undertake firsthand investigations by entering a country at war or in conflict without a visa. Schibbye has been a foreign correspondent and freelance journalist for several newspapers, including The Times, Amelia and Proletären. He has worked in Algeria, the Philippines, Cuba, Syria and Vietnam, among other countries. Persson has worked with Kontinent, a Swedish photojournalist agency, for several  years and taken many dangerous assignments in various countries including the Democratic Republic of Congo and South Sudan. Both are professional journalists, and until now have never been suspected of any terrorist activity or involvement of any kind by any other country or international agency.

The Human Right to a Fair Trial 

Zenawi seems to be uninformed, willfully ignorant or recklessly indifferent to the human rights of the two journalists. The fact of the matter is that Persson and Schibbye are presumed to be innocent of any and all charges of “terrorism” until they have been given a fair chance to defend themselves and their guilt proven beyond a reasonable doubt by their accusers in court.  So says the Ethiopian Constitution under Art. 20 (3): “During proceedings accused persons have the right to be presumed innocent.” So says the Universal Declaration of Human Rights (UDHR) under Art. 11: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.” So says the International Covenant on Civil and Political Rights (ICCPR) under Art. 14 (2): “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” So says the  African Charter on Human and People’s Rights (ACHPR) under Art. 7 (b): “The right to be presumed innocent until proved guilty by a competent court or tribunal.” Art. 13 (2) of the Ethiopian Constitution provides double guarantees: “The fundamental rights and freedoms enumerated in this Chapter shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.” (Also art. 9 (4).) Ethiopia ratified the UDHR in 1948, the ICCPR in 1993 and the ACHPR in 1998.

Article 13(1)  mandates Zenawi to respect and enforce the provisions of the Constitution, including Article 20 (3). He violated his constitutional duty under Art. 9 (2) by publicly declaring the guilt of  Persson and Schibbye and characterizing them as “messenger boys of terrorists”, “participants in terrorism” and terrorist accomplices before they have had a chance to present a defense and a determination of their guilt made by a fair and neutral tribunal.

The presumption of innocence is the “golden thread” in the laws of all civilized nations. It is the gold standard of fundamental fairness which places the entire burden of proof in a criminal case on the state. It is the singular duty of the prosecution representing the state to present compelling and legally admissible evidence in court to convince the trier of fact that the accused is guilty of the charges beyond a reasonable doubt. Persson and Schibbye guilt is not to be proven in a press conference in Oslo or in the court of public opinion.

The presumption of innocence requires that there be no pronouncement of guilt of the defendant by responsible officials likely to have a role or influence the judicial process prior to a finding of guilt by a court. Even when prosecutors make statements concerning the defendant to inform the public on the status of their investigation or articulate their suspicion of guilt, they have a legal and ethical duty to do so in a factual manner and narrowly limited to the allegedly violated laws, while always exercising reasonable care not to unduly prejudice the defendant’s right to a presumption of innocence or improperly influence the fact finder. 

Trial by Diktat 

Expecting a fair trial in kangaroo court is like expecting democracy in a dictatorship. Persson and Schibbye will be convicted by Zenawi’s diktat just as the journalists and opposition leaders were convicted before them. Following the 2005 election, Zenawi publicly declared: “The CUD (Kinijit) leaders are engaged in insurrection — that is an act of treason under Ethiopian law. They will be charged and they will appear in court.” They appeared in “court” and were convicted. In December 2008, Zenawi railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, to prison on the bogus charge that she had denied receiving a pardon. She was not even accorded the ceremonial kangaroo court proceedings. Zenawi sent her  straight from the street into solitary confinement by diktat and sadistically delcared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.”  He “pardoned” her in October 2010.  In 2009, Zenawi’s right hand man labeled 40 defendants awaiting trial “desperadoes” who planned to “assassinate high ranking government officials and destroying telecommunication services and electricity utilities and create conducive conditions for large scale chaos and havoc.” They were all “convicted” and given long sentences. For Zenawi, court trials are nothing more than circus sideshows staged for the benefit of  Western donors who know better but go along to get along.

No Fair Trial Possible for the Swedish Journalists in Kangaroo Court 

Everyone knows the charge of “terrorism” against Persson and Schibbye is bogus. It is a trumped up charge made by prosecutors who are directed, pressured, threatened and politically manipulated. Everyone knows there are no independent judges who preside in cases involving defendants facing “terrorism” and other political charges. Everyone knows the so-called judges in terrorism “trials” are party hacks and lackeys enrobed in judicial regalia. This is not the conclusion of a partisan advocate but the considered view of the U.S. Government and various international human rights organizations. Human Rights Watch concluded in its 2007 report: “In high-profile cases, 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.” The  2010 U.S. State Department Country Reports on Human Rights Practices 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.”

Everyone also knows that there is no such thing as the rule of law in Ethiopia because dictatorship is very antitheses of the rule of law. Zenawi’s diktat is “The Law”, which trumps the constitution and all  international human rights conventions. Ethiopia’s former president and parliamentarian Dr. Negasso Gidada described the so-called antiterrorism law as a tool of legalized terrorism which “violates citizens’ rights to privacy” and the “ rights of all peoples of Ethiopia…Such laws are manipulated to weaken political roles of opposition groups there by arresting and prosecuting them using the bill as a cover. Another major opposition leader, Bulcha Demeksa, described the same “law” as a “a weapon designed by the ruling party not only to weaken and totally eliminate all political opponents.” In other words, the “anti-terrorism law” under which the two Swedish journalists are charged is a weapon of mass incarceration and intimidation of political opponents and journalists, mass persecution of the political opposition and mass oppression of the civilian population.

The Silence of Sweden

Swedish Foreign Minister Carl Bildt has been severely criticized for his apparent indifference and failure to help the two Swedish journalists or even publicly demand their release in light of the bogus terrorism charges. Critics argue that Bildt dragged his feet and failed to secure their release in the crucial first days of the detention of the two journalists because of a potential conflict of interest as the two journalists were also investigating the activities of a company affiliated to Lundin Petroleum, a Swedish oil group which has natural gas operations in the Ogaden. Bildt is said to have served as board member of Lundin Petroleum, prior to becoming foreign minister. In January 2009, Swedish International Development Cooperation Minister Gunilla Carlsson issued a statement declaring that the “imprisonment of Birtukan Midekssa is a source of great concern both for her personally and for democratic development in Ethiopia. The scope for democracy and pluralism is shrinking in Ethiopia. The imprisonment of Mrs Midekssa and the recently adopted law regulating the activities and funding of NGOs (non-governmental organisations) are examples of this negative development.”

Swedish journalist and writer Bengt Nilsson has argued that Sweden for decades has turned a blind eye as its development aid has been used to support dictatorships and finance wars in Africa. The Swedish government’s “new policy for Africa” claims to be based upon “economic growth, deeper democracy and stronger protection of human rights as  the basis for development in Africa.” How the Swedish government will “deal” its way out of the “crisis” of the two journalists will show if  Sweden will continue to support African dictatorships or use it aid dollars to help democratize Africa and protect the human rights of the African peoples.

What is the Kangaroo Trial of the Swedish Journalists Really About? 

Back in August 2010, Zenawi announced he will close his embassy in Sweden because “there is no development cooperation program of any substance between us and Sweden. There is no major trading relationship between us and Sweden, and no significant investment coming from Sweden to Ethiopia. It was not worthwhile to have an embassy [in Sweden]”. Diplomacy for Zenawi is striclty business. Without being too cynical, one could surmise that the terrorism charge against the two Swedish journalists is intended to provide a diversionary cover for Zenawi’s real agenda. Given Zenawi’s past M.O., it is manifest that he aims to use this opportunity to extract some major concessions from the Swedes:  “If they want Persson and Schibbye freed, it’s gonna cost ’em. What are the Swedes willing to pay? How about reopneing the aid pipeline? After all, Ethiopia is the first country to have received Swedish aid back in 1954. How about some cash loans? Increased trade? Perhaps new investments? It is said that the largest investor in the whole of Sweden is an Ethiopian.” Let’s make a deal!

There is no way Zenawi could jail Persson and Schibbye for fifteen years as terrorists. He will galvanize Swedish and European Union public opinion against him personally and very possibly trigger devastating sanctions that will completely paralyze his regime. Even the Americans who have been turning a blind eye for all these years may finally take a look and tell Zenawi enough is enough. So, there is no question that after the kangaroo court circus is over Persson and Schibbye will be released. As usual, Zenawi will grandstand and declare the two journalists have been pardoned and released after they admitted guilt, expressed remorse and so on. The Swedes and some of the Western countries will play their part and congratulate him for doing the right thing and acting magnaimously; and he will continue with business as usual—more Ethiopian journalists will be jailed and threatened, dissidents harassed and opposition leaders persecuted. But the lesson remains the same: By manufacturing a bogus crisis, Zenawi, true to form, would have once again outwitted, outfoxed, outsmarted, outmaneuvered, outpoliticked, outtricked, outfinessed and outplayed his timorous Western benefactors. As the old saying goes, one has to give the devil his due for a job well done!  Bravissimo!

Release all political prisoners in Ethiopia, NOW!

Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ andhttp://open.salon.com/blog/almariam/