H.I.M. Haile Selassie and bronze statue of Ghanaian President Kwame Nkrumah
Ethiopia Rising!
The Organization of African Unity (OAU)/African Union (AU replaced OAU in 2002) began celebrating its Golden Jubilee in Addis Ababa this past week. In May 1963 when the OAU was founded, Ghanaian President Kwame Nkrumah accentuated his closing remarks by reciting a poem he had specially commissioned as a crowning tribute to an ascendant Ethiopia. Addressing H.I.M. Haile Selassie, President Nkrumah said, “It only remains for me, Your Majesty, on behalf of my colleagues and myself, to convey to the Government and people of Ethiopia especially to His Imperial Majesty, my sincere expression of gratitude for a happy and memorable stay in Addis Ababa…” With confident cadence, Nkrumah recited a poem of such exquisite eloquence and grace that my eyes well up every time I read it. These were Nkruma’s own words.
Ethiopia shall rise
Ethiopia, Africa’s bright gem
Set high among the verdant hills
That gave birth to the unfailing
Waters of the Nile
Ethiopia shall rise
Ethiopia, land of the wise;
Ethiopia, bold cradle of Africa’s ancient rule
And fertile school
Of our African culture;
Ethiopia, the wise
Shall rise
And remould with us the full figure
Of Africa’s hopes
And destiny.
HI.M. Haile Selassie (C) and Ghana’s first President Kwame Nkrumah (L) at the OAU (1963)
When the erection of a commemorative statue on the grounds of the AU was proposed for H.I.M. in 2011, the late “great visionary leader” in Ethiopia opposed it saying, “It is only Nkrumah who is remembered whenever we talk about pan Africanism. It is a shame not to accept his role.” He succeeded in denying H.I.M. Haile Selassie the simple recognition of a bronze statute. What a shame to be black hearted! What a shame to be shameless! What a crying shame to minimize, trivialize and marginalize the contributions of the prime architect of African unity! History bears witness that H.I.M. exterted extraordinary effort and brought together the “Casablanca” and “Monrovia” Groups making itpossible to launch the OAU. He worked tirelessly for the cause of African unity. At that historic inaugural conference, H.I.M. made the most compelling case, the most passionate plea for African unity, independence and Pan-Africanism:
…We look to the vision of an Africa not merely free but united. In facing this new challenge, we can take comfort and encouragement from the lessons of the past. We know that there are differences among us. Africans enjoy different cultures, distinctive values, special attributes. But we also know that unity can be and has been attained among men of the most disparate origins, that differences of race, of religion, of culture, of tradition, are no insuperable obstacle to the coming together of peoples. History teaches us that unity is strength, and cautions us to submerge and overcome our differences in the quest for common goals, to strive, with all our combined strength, for the path to true African brotherhood and unity… Our efforts as free men must be to establish new relationships, devoid of any resentment and hostility, restored to our belief and faith in ourselves as individuals, dealing on a basis of equality with other equally free peoples…
As I reflect on the efforts of the Founding Fathers of the OAU, I am nary concerned about erecting bronze or marble statues for them. I am concerned about and outraged by the mangling and distortion of history by self-important blind “visionaries” who hide behind the robes of the giants of African unity (instead of standing on their shoulders) to ply their mission of Ethiopian disunity. If history were about symbols and titles, H.I.M. Haile Selassie had more of it than any African leader. He was elected by his peers as the “Father of African Unity” at the 1972 Ninth Heads of States and Governments meeting of the Organization of African Unity. He was elected the first chairman of the OAU in 1963 and elected again in 1966 to serve in the same position, making him the only African leader to have held that position twice. He was the African face of resistance, defiance and victory over European colonialism. He does not need the advocacy or opprobrium of a myopic Johnny-come-lately to erect a statute in recognition of his singular contributions to the continent.
History is full of ironies. Those who championed a statue for Nkrumah because “only (he) is remembered whenever we talk about pan Africanism” would roll over in their graves if they only knew of Nkrumah’s deep love for Ethiopia. Nkrumah had a special place for Ethiopia in his heart. Though he was the foremost Pan-Africanist, he also saw Ethiopia as a special beacon of light and freedom for all of Africa in its defiant struggle against European colonialism . He took pride in the fact that Ethiopia was able to defend its sovereignty and independence against repeated incursions by European colonialists. He saw Ethiopia as the spoke in the wheel of African unity.
Nkrumah was passionate about Pan-Africanism, but he never commissioned a poem for Pan-Africanism. Nkrumah was passionate about Africa, but he never commissioned a poem for Africa Rising. Nkrumah loved Pan-Africanism and Africa, but he had a love affair with Ethiopia. That is why he commissioned a special poem in honor of her beauty and bounty for his final words at the closing of the very first OAU summit. Nkrumah is the only leader in the world who has ever commissioned a panegyric poem for Ethiopia! We should all be happy and proud to have Nkrumah’s statue on the grounds of the AU in Ethiopia. H.I.M. Haile Selassie will no doubt get his statue in time because “truth cannot remain forever on the scaffold nor wrong remain forever on the throne.”
Looking back, I believe Nkrumah was not only an ardent Pan-Africanist but also an African “prophet”. Nkrumah knew Ethiopia shall rise long before the blind visionaries made her slip and fall into the quagmire of ethnic politics. Nkrumah knew Ethiopia shall rise long before the shameless declared “Africa is rising… The African Renaissance has begun…” Nkrumah knew Africa should beware of neocolonial and imperialist ambitions, machinations and designs lest she fall, long before the witless panhandlers sought to make a name for themselves by maligning “neoliberalism” while sucking its teats dry.
Nkrumah’s poem is indeed “prophesy”. “Ethiopia shall rise!” Like the morning sun and the full moon at midnight, Ethiopia shall rise. She shall rise up and shake off the sooty dust of dictatorship that covers her. Ethiopia shall rise again and brightly shine like a precious gem. She shall rise above sectarianism and communalism. She shall rise from the depths of doubt to heights of faith. Ethiopia shall rise, and stretch out her arms and embrace all her children and in turn be embraced by Providence.
Nkrumah is a true son of Ethiopia. When they said Ethiopia’s history is only one hundred years old, Nkrumah said “No. Ethiopia is the cradle of Africa’s ancient rule.” When they tried to shroud Ethiopia in the darkness of tyranny and dictatorship, Nkrumah said, “No can do. Ethiopia is Africa’s bright gem.” She must shine. Let her rise and shine! When they said, “nobody ever went broke underestimating the intelligence of the Ethiopian people,” Nkrumah said, “No. Ethiopia is the land of the wise.” When they hatched plans to make the Nile a source of war, death and destruction, Nkrumah said, “No. Ethiopia is the birthplace of the Nile” which gives the gift of life to Africa. When they toiled day and night to crush our spirits and cast our souls into the pit of despair and misery, Nkrumah said, “Hold on! Ethiopia is Africa’s hope and destiny. ” We must forge ahead. Nkrumah is not only Ghana’s son, but also Ethiopia’s. When we sometimes lose faith and feel downcast, let our spirits rise and be carried on Nkrumah’s prophetic words, “Ethiopia shall rise.” So, there is no competition between H.I.M. and Nkrumah. They are both Ethiopia’s distinguished sons. Honoring Nkrumah is honoring H.I.M. Haile Selassie.
As I read Nkrumah’s poem from May 1963, I also remember H.I.M. Haile Selassie’s speech before the United Nations General Assembly in October 1963. In that speech, H.I.M. passionately defended the cause of Pan-Africanism and articulated the ideology needed for the ongoing struggle to protect and defend African independence and secure world peace:
… Until the philosophy that holds one race superior and another inferior is finally and permanently discredited and abandoned; until there are no longer first class and second class citizens of any nature; until the colour of a man’s skin is of no more significance than the colour of his eyes, and until the basic human rights are guaranteed to all without regard for race… the dream of lasting peace … will remain but a fleeting illusion to be pursued but never attained…. That until the ignoble and unhappy regimes that hold our brothers in Angola, in Mozambique and South Africa in subhuman bondages have been toppled and destroyed; until bigotry and prejudice and malicious and inhuman self-interest have been replaced by understanding, tolerance and good-will; until all Africans stand and speak as free beings, equal in the eyes of all men as they are in Heaven — until that day the African continent will not know peace. We Africans will fight, if necessary and we know that we shall win, as we are confident in the victory of good over evil…
Bob Marley used these words as lyrics to his song “War”, which became the battle hymn of African unity and independence. (I wish someone could put Nkrumah’s poem to music: “Ethiopia shall rise…rise…” Up-rise!)
In a risen Ethiopia, there shall be no place for a philosophy that holds one ethnic, religious, linguisitc or gender group superior to another. There shall no longer be first class and second-class citizens in Ethiopia. In a risen Ethiopia, ethnicity, religion, language, region or gender shall have no more significance than the color of one’s eyes. In a risen Ethiopia, human rights shall be guaranteed to all.
Aah! The OAU/AU
It is heartbreaking for me to comment on the OAU/AU. In 2013, of the 47 countries in the world with the lowest human development index, 36 of them are in Africa! President Julius Nyerere of Tanzania once described the OAU as “a talking Club of Heads of States”. Others have described it as the “Dictators’ Club” or “Dictator’s Trade Union”. George Ayittey, the internationally acclaimed Ghanaian economist does not mince words sizing up the AU: “Please, please, don’t ask about the African Union. It is the most useless organization we have on the continent. It can’t even define ‘democracy’ and it is completely bereft of originality.”
I expressed deep disappointment and disillusionment when the new AU headquarters in Addis Ababa was constructed by the Chinese government at a cost of USD$200 million and delivered to the AU in February 2012 as “China’s gift to Africa.” Not only was I ashamed to learn that the China State Construction Engineering Corporation constructed the building using nearly all Chinese workers, I was also distressed to find out China picked up the entire tab for the building, fixtures and furniture. At the dedication ceremony, Africa’s shameless “leaders” lined up to shower praise on China. “Africa is rising… The African Renaissance has begun and we have the means to keep it going…”
I said Africa is not rising. Africa has fallen into beggary. China is rising in Africa. China has the means to keep itself going in Africa. China’s Renaissance in Africa has begun. The new AU building in Addis Ababa is a symbol of African shame not fame. Its claim of renaissance glory is illusory. If the African Union and its leaders cannot afford to chip in and collectively build the most visible, iconic and symbolic edifice for an Africa Rising, there is not much I could say except to call it, as I did, “African Beggars Union Hall”.
The OAU/AU and Human Rights
Despite OAU/AU aspirations to secure the political, economic and social integration of African countries and lead the continent into development and prosperity, I view the organization as having at its core a human rights mission. I do not believe there can be African development or unity as long as the human rights of ordinary Africans are trampled and trashed every day. OAU’s core values of anti-colonialism, -neo-colonialism, -imperialism and Pan-Africanism were essentially human rights values in the struggle against European dehumanization of Africans. Colonialism (neocolonialism) had no regard for the human rights of colonized (neocolonized) peoples.
The OAU/AU has been ineffective and largely irrelevant in African human rights. In many parts of Africa civil and border wars have raged for decades costing the lives of millions as the OAU/AU looked on with folded arms. The OAU/AU has turned a blind eye, deaf ear and muted lips as African dictators massacre their own citizens. The OAU stood fidgeting as the Rwanda Genocide consumed a million innocent Africans, without plans to avert or stop that genocide. The OAU did not even want to label it “genocide”!
For over two decades, the OAU/AU has watched Somalia spiraling into chaos, unable to help free the suffering people of Somalia from the clutches of competing warlords and protect them from aggression. The AU could not even deliver a sufficient number of peacekeeping troops in Somalia to secure peace and begin its reconstruction. The AU twiddled its thumbs as French troops entered Cote d’Ivoire to restore democratic rule. The AU sat on its rear end as France sent less than 5 thousand soldiers to expel a ragtag army of terrorists from Mali. The OAU stood by idly as elections were stolen in broad daylight in Ethiopia, Zimbabwe, Kenya and Uganda.
The AU closed ranks to coddle criminals against humanity. When Omar Bashir of Sudan was indicted by the International Criminal Court on charges of crimes against humanity, war crimes and genocide, the official line was “The AU Member States shall not cooperate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities, for the arrest and surrender of President Omar El Bashir of the Sudan”. The AU will protect and shelter the Butcher of Darfur from facing justice in the name of “African sovereignty”. Because the AU has failed miserably to curtail flagrant violations of human rights, the ICC had to step in to protect Africans. As of 2011, the ICC has opened investigations in seven African countries.
The AU’s idea of human rights is having endless conferences, meetings and issuing declarations, resolutions and MOUs on human rights. There is an African Charter on Human and People’s Rights (ACHPR) with all sorts of protocols for children and women. There is an African Human Rights Commission. It has little to show for itself except lofty declarations and resolutions. There is an AU Department of Political Affairs which is supposed to deal with human rights, democracy and elections. It claims as one of its core missions election observance in member states. In 2010, when the late Meles Zenawi declared electoral victory by 99.6 percent, the 60-person African Union (AU) observer team led by former Botswana president Ketumile Masire concluded the “elections were free and fair and found no evidence of intimidation and misuse of state resources for ruling party campaigns.” Masire proclaimed:
The [elections] were largely consistent with the African Union regulations and standards and reflect the will of the people… The AU were unable to observe the pre-election period. The participating parties expressed dissatisfaction with the pre-election period. We had no way of verifying the allegations.
Today Africa is more disunited and fragmented than ever. Pan-Africanism is dead. A new ideology is sweeping over Africa today. Africa’s dictators are furiously beating the drums of “tribal nationalism” all over the continent to cling to power. In many parts of Africa today ideologies of “ethnic identity”, “ethnic purity,” “ethnic homelands”, ethnic cleansing and tribal chauvinism have become fashionable. In the Cote d’Ivoire, an ideological war has been waged over ‘Ivoirité’ (‘Ivorian-ness’) since the 1990s. Proponents of this perverted ideology argue that the country’s problems are rooted in the contamination of genuine Ivorian identity by outsiders who have been allowed to immigrate freely into the country.
In Ethiopia, tribal politics has been repackaged in a fancy wrapper called “ethnic federalism.” Ethiopians have been segregated by ethno-tribal classifications in grotesque political units called “kilils” (reservations) or glorified apartheid-style Bantustans or tribal homelands. This sinister perversion of the concept of federalism has enabled a few corrupt kleptocratic dictators to oppress, divide and rule some 80 million people for over two decades.
The great African author Chinua Achebe wrote a book (Things Fall Apart) asking why things keep falling apart in Africa. My answer is simple. Over the past one-half century of independence, it has been nearly impossible to hold Africa’s so-called leaders accountable and institute the rule of law. For fifty years, African “leaders” have evaded accountability and hoodwinked the people into believing that Africa’s problems are all externally caused. Africa is what it is (or is not) because of its colonial legacy. It is the white man. It is neocolonialism, capitalism, imperialism, neoliberalism, globalization… It is the International Monetary Fund. It is the World Bank… The continent’s underdevelopment, poverty, corruption and mismanagement are all caused by evil powers outside the continent.
Things fall apart in Africa because African “leaders” do not respect the human rights of their people. To paraphrase Achebe, Africa is what it is because its leaders are not what they should be.” Few African leaders respect the dignity and humanity of their people. How can Africa rise when her leaders trip and make her fall every time, and keep her from rising up by pressing their boots on her neck. But things that fall apart also come together and rise.
So, here is my anniversary poem on the occasion of the Golden Jubilee of the OAU/African Union, which I dedicate to H.I.M. Haile Selassie and President Kwame Nkrumah, the undisputed Champions of Pan-Africanism) .
Ethiopia up-Rising! Africa Rising!
Ethiopia Africa’s bright gem
Shall rise up from the ashes of tyranny
Like the spring sun rising at dawn over the African horizon
Like the full moon rising over the darkness of the African night
Ethiopia shall rise and shine!
Ethiopia shall rise from the heights of Ras Dejen
To the peaks of Kilimanjaro
From the pits of the politics of identity
To the summit of national unity and diversity
Ethiopia shall rise and shine!
Ethiopia of the wise
Shall rise above the streetwise
Its people to galvanize, mobilize and organize
To humanize, harmonize and compromise
Ethiopia shall rise and shine!
Ethiopia Africa’s hope and destiny
Shall rise and its tyrants shall fall
Their lies, cruelty and corruption
Buried with them in the steel coffin of history
For “justice will rise in Ethiopia like the sun, with abundance of peace forever.”
Ethiopia shall rise by the sinews of her youth
Up-rise on the wings of her persevering children
Ethiopia shall rise and rise
Her youth will up-rise
Rise Ethiopia, up-rise.
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
http://open.salon.com/blog/almariam/
www.huffingtonpost.com/alemayehu-g-mariam/
Amharic translations of recent commentaries by the author may be found at:
Are they playing us like a cheap fiddle again? For a while, it was all about the Meles Dam and how to collect nickels and dimes to build it. That kind of played itself out. (Not to worry. That circus will be back in town. The public has the attention span of a gold fish. So they think.) It’s time to change the flavor of the month. Time for a new game, a new hype. How about “corruption”? It’s a chic topic. The World Bank is talking about it. Everybody is talking about it. Even the corrupt are talking about corruption. Imagine kleptocrats calling corruptocrats corrupt? Or the pot calling the kettle black?
I have been talking and writing about corruption in Ethiopia for years. After dozens of commentaries on some aspect of corruption in Ethiopia, I am still drumbeating anti-corruption. I have been “lasing” corruption in my commentaries in 2013. I was flabbergasted by the World Bank’s 448-page report, “Diagnosing Corruption in Ethiopia”. I am still reeling from the shocking findings in that report. In my commentary last week, “Educorruption and Miseducation in Ethiopia”, I focused on corruption in the education sector. It is one thing to steal an election or pull off a gold heist at the national bank, but robbing millions of Ethiopian youth of their future by imprisoning them in the bowels of a corrupt educational system is harrowing, downright criminal. Aarrgghh!
“The Administration of Prime Minister Hailemariam Desalegn made the full might of its power known last Friday, after ordering the arrest of 10 high and medium ranking officials of the Ethiopian Revenues & Customs Authority (ERCA), along with six businessmen, some of whom are well known… Hailemariam wants to prove that there are no holy-cows…” tooted the opening sentence of an online media outlet. My initial reaction was a bemused, “You don’t say!?” (To be perfectly frank, I exclaimed, “Holy cows? Holy _ _ _ t!!”)
The two dozen “corruption” suspects nabbed in the “investigation” include ERCA “director general” with the “rank of minister”, his deputies and the “chief prosecutor” along with other customs officials. A number of prominent businessmen and some of their family members were also snagged in the dragnet. “Ethiopia’s top anti-corruption official” Ali Sulaiman told the Voice of America Amharic program last week “the suspects had been under surveillance for over two years.”
The anti-corruption crusaders put on quite a show-and-tell on their television service. They put up dramatic footage of wads and stashes of greenbacks and Eurodollars in suitcases allegedly seized at a suspect’s residence. They displayed allegedly fraudulent land records from another suspect and gave interviews on how the suspects engaged in their corrupt practices. (The show-and-tell was reminiscent of the “terrorist” suspects they paraded in “Akeldama” and “Jihadawi Harakat” with caches of guns and explosives. For the “corruption” suspects, it was stashes of cash.)
The regime’s public relations machine kicked into overdrive. Comments by unnamed “Ethiopian activists praising efforts by the government to crackdown on corruption in the East African country” were reported. One anonymous activists declared, “Ethiopia is pushing forward on efforts to help end the rampant corruption within government and business in the country…. We need to clean up our government…” Other anonymous commentators were quoted proclaiming moral victory on corruption. “The arrests are the beginning of a new Ethiopia free from the politics and past craziness and greed that had been part of the country for far too long.”
Divergent viewpoints on the “investigation” and arrest of the suspects were bandied in the Ethiopian Diaspora. Some offered muted praise for “Hailemariam’s government” for launching a “war” on “corruption”. They said the bagging of the two dozen or so suspects represents a shot across the bow for all “corruptitioners” (a neologism to describe professional practitioners of corruption). Others were convinced the suspects were guilty “because everybody knows they are corrupt. They shakedown every businessman importing goods into the country…” They were glad to see these “bad guys” bagged. There were many who dismissed the whole investigation as a sham, a public relations charade. It is political theater staged for the World Bank, the IMF and other donors who are demanding anti-corruption action as a precondition for handouts.
Some even suggested it was a special show staged for U.S. Secretary of State John Kerry who is expected to visit Ethiopia to attend an African Union summit. The regime bosses can bob and weave against any Kerry punches on human rights and the jailing of dissidents, journalists and opposition leaders by touting their “anti-corruption” efforts. Others viewed the arrests as a fallout of the post-Meles power struggle that is raging among ruling party factions. For the suspects to be arrested, their protector “god fathers” must have been vanquished or purged out in the power play. Still others said the arrest of these particular suspects is the low hanging fruit of corruption in Ethiopia. Going after officials of the customs authority, an agency historically stained with corruption, provides the regime an aura of credibility and magnifies its purported anti-corruption efforts.
I see the whole things with a jaded eye. I am convinced the cunning regime power players are gaming corruption. They are showboating and grandstanding. They are trying to kill two birds with one stone. Nail their opponents and get public relations credit and international handouts at the same time. They are desperately trying to catch some positive publicity buzz in a media environment where they are being hammered and battered everyday by human rights organizations, NGOs, international media outlets and others. It is a public relations stunt and political theatre without much substance or seriousness of purpose. It is standard operating window dressing procedure for the regime. It is red meat for the local population to make themselves look good and drum up support. It is a calculated strategy to reinvent “Hailemariam’s government” with smoke and mirrors. After repeated public cathartic confessions that he is the handmaiden of Meles, Hailemariam now wants to show the world he is Mr. Clean, not Mr. Clone (of Meles). He is no longer part of the corrupt-to-the-core ancien regime of Meles. Mr. Clean is going to clean house and he has already bagged his first “Dirty 2 Dozen”. (Reminds one of Pinocchio telling Geppetto he dreams of becoming a real boy. Hailemariam, a real prime minister?!) What better agitprop to mobilize and capitalize on the infamy of a long reviled and hated agency. If they can’t hoodwink and drum up public support by talking ad nauseam about the Meles Dam, perhaps they can pull it off with a “corruption investigation” of the customs authority. It is sleazy investigating greasy and cheesy.
To say the corrupt Meles regime has no credibility with me is an understatement. The anti-corruption crusaders want us to believe only their side of their story and their silly show-and-tell. But every story has two sides or more. In telling a story, credibility is everything. The regime convicted Eskinder Nega, Reeyot Alemu, Woubshet Taye and so many others on lies, fabrications and tall tales. They have no credibility.
I believe those corruptoids are interested in clinging to power, not good governance or stamping out corruption. The only reason they are able to remain in power is because corruption courses in their bloodstream. Corruption is the hemoglobin that delivers life-sustaining oxygen to their nerve center. Without corruption, the tyrannical regime will simply wither away.
I take a dim view of the regime’s “anti-corruption” efforts” not because I am its relentless critic or because I will not miss an opportunity to ding them or make them look bad. I make no apologies for my trenchant criticisms. But the truth of the matter is that if I believed in the slightest that they were serious and genuine about rooting (instead of tooting) out “corruption”, I would be the first to raise my pen and lavish them with praise. I would be rooting and tooting for them.
As I have often remarked, corruption is the malignant cancer that has metastasized throughout Ethiopia’s body politic. That’s why the World Bank’s voluminous report was aptly titled, “Diagnosing Corruption in Ethiopia.” It is a “clinical” diagnosis which has determined the cancer cells of corruption are not confined to one organ of state (customs authority) which can be surgically removed and treated with the penal equivalent of chemotherapy and radiation. The corruption cancer has spread throughout all organs of state.
The chemotherapy for the cancer of corruption in Ethiopia is a free press that can aggressively and doggedly investigate and report corrupt officials and practices for public scrutiny. The radiation therapy for the cancer of corruption is an independent prosecutorial office that could catch not only the small winnows in the pond but most importantly the big whales and sharks swimming at the highest levels of government. An independent judiciary that is capable of adjudicating corruption cases with due process of law is also very much needed. The preventive care for the cancer of corruption involves vigilant civil society institutions which can work freely at the grassroots levels and provide anti-corruption awareness, education, training and monitoring. It also involves a genuinely competitive multiparty system that can hold the ruling party and its officials accountable.
None of these “medicines” exist in Ethiopia today. That is why I believe the cancer of “corruption” in due course will destroy the regime though it is the very source of its survival now. More on my views on the “anti-corruption efforts” of the regime later; but a word or two about due process, the rule of law and the “corruption” suspects.
Due process and the rights of the accused
As I was drafting this commentary, I was advised by some learned colleagues that any statement I make that seems remotely sympathetic to the suspects accused of “corruption” could send the wrong message and create the misimpression that I would stoop low to defend even the manifestly corrupt just to make political points against the regime. I was told not to bother because “everybody knows the suspects are corrupt…” One of my feisty friends in a moment of rhetorical impetuosity was compelled to ask, “Why should you care if these S.O.B’s get a fair trial? Everyone knows they are guilty. Let them hang!”
That is where I part ways with my learned friends. The last time I parted ways with them was when I defended Meles Zenawi’s right to speak at Columbia University in September 2010. At the time, I was roundly criticized by friends and some of my regular readers. “How could you defend the ‘monster’ who had denied millions of Ethiopians the right to speak and even breath?” I insisted I was not defending a “monster” but the principle of free expression. My defense was simple, “If we don’t believe in freedom of expression for people we despise, we don’t believe in it at all.” My position is no different now. If we don’t believe in a fair trial for those we despise as corrupt, then we do not believe in fair trial at all.
I believe in fairness and justice. I do not believe in revenge or retribution. I take no position on the factual guilt or innocence of those accused of “corruption”. If they did the crime, they have to do the time. However, I believe they have a constitutional right to be presumed innocent until proven guilty in a fair trial. In other words, I make no exceptions or compromises when it comes to taking a position in defending the principle and practice of due process of law and respect for fundamental human rights. Those accused of “corruption” now (and those who will certainly face accusations of crimes against humanity and other crimes in the future) are entitled to full due process of law, which includes not only the presumption of innocence and the right against self-incrimination but also the rights to counsel, adequate notice of charges, an impartial and neutral fact-finder, speedy trial and adjudication by the standard of beyond a reasonable doubt.
My deep concern over the arbitrary administration of justice or denial of fair trial to anyone accused of “corruption”, “terrorism”, “treason”, etc., is rooted in the manifest absence of the rule of law in Ethiopia and the harsh realities of Meles’ officialdom. Any petty “law enforcement” official of the regime has the power to arrest and jail an innocent citizen. As I argued in my February 2012 commentary, “The Prototype African Police State”, a local police chief in Addis Ababa felt so arrogantly secure in his arbitrary powers that he threatened to arrest a Voice of America reporter stationed in Washington, D.C. simply because that reporter asked him for his full name during a telephone interview. “I don’t care if you live in Washington or in Heaven. I don’t give a damn! But I will arrest you and take you. You should know that!!”, barked police chief Zemedkun. If a flaky policeman can exercise such absolute power, is it unreasonable to imagine those at the apex of power have the power to do anything they want with impunity. The regime in Ethiopia is living proof that power corrupts and an absolute power corrupts absolutely.
In my view, denial of due process (fair trial) is the highest form of “corruption” imaginable because its denial results in the arbitrary deprivation of a person’s life, liberty and property. I am unapologetic in my insistence that the suspects accused of “corruption” are entitled to full due process of law under the country’s Constitution and international human rights conventions. The question is: Could they get a fair trial in the regime’s kangaroo courts? Do these “corruption” suspects have the same chance of getting a fair trial today as those accused of “treason”, “terrorism”, “subversion” yesterday?
Article 20 (3) Ethiopian Constitution provides, “During proceedings accused persons have the right to be presumed innocent.” The same right is secured under the Article 11 of the Universal Declaration of Human Rights, Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR) and Article 7(b) of the African Charter on Human and People’s Rights (ACHPR). Disrespect for the presumption of innocence has been the hallmark of the Meles regime. To be accused of a crime by the Meles regime is to be convicted and sentenced to a long prison term. That is why I have often caricatured the Meles’ judicial system as kangaroo court justice. The courts are corrupted through political manipulation, intimidation and domination. The 2012 U.S. State Department Human Rights report concluded, “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courtsremained weak, overburdened, andsubject to political influence.” One of the “corruption” suspects during his first court appearance complained of prejudicial pretrial publicity because “state television showed his house being searched.”
There is a long and predictable pattern and practice of disregard for the constitutional right to presumption of innocence and wholesale abuse and denial of a panoply of constitutional rights to those accused of political crimes in Ethiopia. Following the 2005 election, Meles publicly declared that “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 were charged, appeared in “court” and were convicted. In December 2008, Meles railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, without so much as a hearing let alone a trial. He sent her straight from the street into solitary confinement and later declared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” In 2009, Meles’ right hand man labeled 40 defendants awaiting trial as “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 prison sentences.
Meles proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while they were being tried and he was visiting Norway in 2011. He emphatically declared the duo “are, at the very least, messenger boys of a terrorist organization. They are not journalists.” Persson and Schibbye were “convicted” and sentenced to long prison terms.
Violations of the constitutional rights of those accused of crimes by the regime are not limited to disregard for the presumption of innocence. Internationally-celebrated Ethiopian journalists including Reeyot Alemu, Woubshet Taye and many others were denied access to legal counsel for months. Ethiopian Muslim activists who demanded an end to religious interference were jailed on “terrorism” charges and denied access to counsel. They were mistreated and abused in pretrial detention. Scores of journalists, opposition members and activists arrested and prosecuted (persecuted) under the so-called anti-terrorism proclamation were also denied counsel and speedy trials and languished in prison for long periods.
Article 20 (2) provides, “Any person in custody or a convicted prisoner shall have the right to communicate with and be visited by spouse(s), close relatives and friends, medical attendants, religious and legal counselors. In an interview given to the Voice of America Amharic program last week, a lawyer for one of the suspects complained that he and a bunch of other lawyers were denied access to their clients accused of “corruption” after waiting for five hours. They were told to return the following day because the “suspects were undergoing interrogation.” Yet, Article 19 (5) provides, “Everyone shall have the right not to be forced to make any confessions or admissions of any evidence that may be brought against him during the trial.”
Article 19 (1) provides, “Anyone arrested on criminal charges shall have the right to be informed promptly and in detail… the nature and cause of the charge against him… Article 20 (2) provides, “Everyone charged with an offence shall be adequately informed in writing of the charges brought against him. The “corruption” suspects have yet to be “informed promptly and in detail the charges against them”. “Ethiopia’s top anti-corruption official” Ali Sulaiman told Voice of America Amharic last week that the “suspects have been under surveillance for two years”. Yet at the suspect’s first court appearance, the prosecutors requested a 14-day continuance to gather more evidence. The “court” ruled the suspects can be held in custody “until the Federal Ethics & Anti-”corruption” Commission (FEACC) could collect additional evidence to bring charges against them.”
If it took them 2 years to investigate the case, but couldn’t wait another 14 days to gather the last pieces of vital evidence before arresting and publicly parading the suspects? This is a trick they have used before. It is called arrest and jest. Put the suspects in jail, crucify them in the press and laugh at them as they languish in prison for months on end. There will be endless delays and continuances “to collect more evidence” and the “court” will allow it because the “court” does what it is told by their political bosses.
There is no judicial system in the world where suspects are arrested of committing crimes after being investigated for 2 years and then the prosecution asks for two more weeks to gather additional evidence. The regime’s trial by publicity and demonization will go on. They will keep pumping out unrebutted damaging information in flagrant disregard of the suspects’ constitutional rights to create hostile pretrial publicity. They talk with a loose tongue about the suspects crimes of “tampering with loan-sharking investigations”, “illegal trading and tax evasion”, “improprieties especially involving imports of steel”, etc. Such is the sad fact of corruptoid justice in the regime’s kangaroo courts. Arrest persons presumed to be innocent and go out and look for evidence of their guilt! What a crock of _ _ _ t!
Fall guys or grand fall
There is something strange about the regime’s current “corruption” narrative; and I must say it reflects very badly on Meles himself. According to reports, the “director general” (the alleged kingpin of the “corruption” ring) was appointed by Meles in 2008. He is a “senior cabinet member”. He is credited for “overseeing several tax reforms including widening the tax base, by requiring businesses to install cash registration machines and to become registered for Value Added Tax (VAT).” According to one report, “Under [the “director general”], the amount of revenues the federal government mobilized has reached 71 billion Br in 2011/12, a dramatic increase from the 19 billion Br collected before he took the position.”
Something is not right with that picture. Was Meles so blind and incompetent to select such a “corrupt man” to take the helm of his money making machine? Did Meles select him to oversee his corrupt empire because he knew the “director general” was the just right man for the job? Is it possible that the “director general” is a victim in a political power play? In any case, the arrest of the “director general” and the smear on his character and reputation reflects very poorly on Meles judgment, common sense and integrity. In my view, if the “director general” is truly the corruption ringleader, then he cannot possibly be the capo di tutti capi (boss of all bosses), perhaps an underboss or a consigliere.
The anticorruption warriors should be mindful of the law of unintended consequences. If they succeed in their corruption crusade, Meles’ legacy may be at extreme risk. When it came to corruption, Meles had a double standard. For instance, when 10,000 tons of coffee vanished from the warehouses, Meles forgave the coffee thieves and others “because we all have our hands in it”. He threatened to cut the hands of coffee thieves if they steal again. Meles was content to rail against “government thieves” without doing much more. Now Hailemariam wants a single standardof corruption applicable to all. For someone who worships Meles, Hailemariam’s move is downright heresy!
It is noteworthy that the last time Meles mounted a “corruption” investigation was over a decade ago when he rounded up some of his former comrades and their business associates and charged them with “corruption” and railroaded them to prison. Back in the mid-1990s, he jailed the “prime minister” of the “transitional government” on charges of corruption. That “prime minister” ate 12 years in Meles’ prisons. Hailemariam now, without warning, wants to go after all corruptitioners and cut off their hands? Is it going to be the legacy of corruption of Mr. Crook against the promise of good governance by anti-corruption crusader Mr. Clean?
Going after corruption, inc. (unlimited) — the real “holy cows” of “corruption”
In 2011, Meles 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 statementtold them that he will forgive them this time because “we all have our hands in the disappearance of the coffee”. He threatened to “cut off their hands” if they should steal coffee in the future. In 2011, a United Nations Development Program (UNDP) commissioned report from Global Financial Integrity (GFI) on “illicit financial flows” (money stolen by government officials and their cronies and stashed away in foreign banks) from the Least Developed Countries (LDCs) revealed the theft of US$8.4 billion from Ethiopia. In 2009, over US $3 billion illicitly left Ethiopia. “The vast majority of the rise in illicit financial flows is a result of increased corruption, kickbacks, and bribery while the remainder stems from trade mispricing.”
In 2008 “USD16 million dollars” worth of gold bars simply walked out of the bank in broad daylight never to be seen again. According to a Wikileaks cablegram, the Tigrayan People’s Liberation Front (TPLF), the current ruling party in Ethiopia, “Upon taking power in 1991… liquidated non-military assets to found a series of companies whose profits would be used as venture capital to rehabilitate the war-torn Tigray region’s economy…[with] roughly US $100 million… Throughout the 1990s…, no new EFFORT [Endowment Fund for the Rehabilitation of Tigray owned and operated by TPLF] ventures have been established despite significant profits, lending credibility to the popular perception that the ruling party and its members are drawing on endowment resources to fund their own interests or for personal gain.” According to the World Bank, roughly half of the Ethiopian national economy is accounted for by companies held by a business group called the Endowment Fund for the Rehabilitation of Tigray (EFFORT) cloasely allied with the ruling EPDRF party. EFFORT’s freight transport, construction, pharmaceutical, and cement firms receive lucrative foreign aid contracts and highly favorable terms on loans from government banks. “Generals” and other military leaders have managed to accumulate properties worth hundreds of millions of dollars. Last year, a regime general told Voice of America Amharic that he was able to build a number of multistory buildings worth tens of millions of dollars because he was “given bank loans”.
There is an old Ethiopian saying which roughly translates as follows: “There is no beauty contest among monkeys.” A pig with lipstick at the end of the day is still a pig as the old saying goes. There are no good corruptoids. In any power struggle, it is not uncommon for one group of power players to accuse another of being corrupt. Bo Xilai (once touted to be the successor to President Hu Jintao in China) Liu Zhijun and other high level Chinese communist cadres are facing criminal and political sanctions for alleged abuses of power and accepting bribes. Mikhail Khodorkovsky (once considered the “wealthiest man in Russia”) was jacked up on “corruption” charges and given a long prison sentence. Corruption show trials are a powerful weapon in the arsenal of dictators who seek to neutralize their opponents. As I argued in my commentary “Africorruption”, Inc.”, the business of African “governments” including the Ethiopian regime in the main is corruption. Those who seized political power in Ethiopia in 1991 may have believed they were fighting for freedom and democracy, but once they got absolute power, they became absolutely corrupt. They began to function as sophisticated criminal enterprises with the principal aim of looting the national treasury and operating government as a criminal syndicate and a racket. If the regime is serious about corruption, it should go after the real “holy cows” of corruption, not just the unholy cows that have been forced to become scapegoats.
Scapegoating or “anti-corruption”?
The so-called “corruption investigation” appears to be a case of scapegoating. Tradition has it that on the day of atonement a goat would be selected by the high priest and loaded with the sins of the community and driven out into the wilderness as an affirmative act of symbolic cleansing. It made the people feel purged of evil and guiltless. The “corruption” suspects were supporters, defenders and handmaidens of the regime. Now they are made out to be loathsome villains. The sins and crimes of the regime are placed upon their heads and they are driven out into the wilderness. The high priests of the regimes are telling the people they have been cleansed and the community is free from evil. In this narrative, the regime “anti-corruption warriors” become the white knights in shining armor. But no amount of scapegoating can divert attention from the real situation. It is wise for those who live in glass houses not to throw stones.
How to deal with “horruption”
I am compelled to invent a new word to describe the horrible “corruption” in the ruling regime in Ethiopia. That word is, “horruption” (horrible corruption). The extended definition of this word is found in the World Bank’s corruption report on Ethiopia referenced above.
What is the best way to deal with horruption in Ethiopia? Simple. Line up the right social forces to fight corruption. Allow the free press to flourish so that it can aggressively and doggedly investigate and report corrupt officials and practices for public scrutiny. Establish an independent prosecutorial office properly budgeted and staffed (supported by certified international anti-corruption experts) to go after not only the small winnows but most importantly the big whales and sharks splish splashing in a sea of corruption. Take comprehensive measures to increase the transparency of all public institution and translate into action the mandate of Article 12 of the Ethiopian Constitution (Functions and Accountability of Government). Reduce the regime’s involvement in the economy. Allow the functioning of an independent judiciary that is capable of adjudicating corruption cases with full due process of law. Let civil society institutions flourish so that they can maintain ongoing vigilance and work at the grassroots levels to provide anti-corruption awareness, education, training and monitoring. Let there be a genuinely competitive multiparty system that can hold the ruling party and its officials accountable. In short, institutionalize the rule of law. Then we can act against “horruption” instead of talking about corruption.
The regime thinks they can distract attention by talking about “corruption” and selectively arresting a few of their own members and supporters and putting them on show trials. That is nice political theater but it will not solve the problem of horruption unless one believes, to paraphrase H.L. Mencken, “Nobody ever went broke underestimating the intelligence of the Ethiopian people.”
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
http://open.salon.com/blog/almariam/
www.huffingtonpost.com/alemayehu-g-mariam/
Amharic translations of recent commentaries by the author may be found at:
Educorruption and the miseducation of Ethiopian youth
“Education is the most powerful weapon which you can use to change the world,” said Nelson Mandela. For the late Meles Zenawi and his apostles (the Melesistas) in Ethiopia, the reverse is true: Ignorance is the most powerful weapon you can use to prevent change and cling to power. They have long adopted the motto of George Orwell’s Oceania: “Ignorance is Strength”. Indeed, ignorance is a powerful weapon to manipulate, emasculate and subjugate the masses. Keep ‘em ignorant and impoverished and they won’t give you any trouble.
For the Melesistas education is indoctrination. They feed the youth a propaganda diet rich in misinformation, disinformation, distortions, misguided opinions, worn out slogans and sterile dogmas from a bygone era. Long ago, Dr. Carter G. Woodson, “Father of African-American History”, warned against such indoctrination and miseducation of the oppressed: “When you control a man’s thinking you do not have to worry about his actions. You do not have to tell him not to stand here or go yonder. He will find his proper place and will stay in it. You do not need to send him to the back door. He will go without being told. In fact, if there is no back door, he will cut one for his special benefit. His education makes it necessary.” The rulers in Ethiopia continue to use higher educational institutions not as places of learning, inquiry and research but as diploma mills for a new breed of party hacks and zombie ideologues doomed to blind and unquestioning servility. “Zombie go… zombie stop… zombie turn… zombie think…,” sang the great African musician Fela Kuti. I’d say, “zombie teach… zombie learn… zombie read… zombie dumb… zombie dumber.”
For over two decades, Meles and his gang have tried to keep Ethiopians in a state of blissful ignorance where the people are forced at gunpoint to speak no evil, see no evil and hear no evil. Meles and his posse have spent a king’s ransom to jam international radio and satellite transmissions to prevent the free flow of information to the people. They have blocked internet access to alternative and critical sources of information and views. According to a 2012 report of Freedom House, the highly respected nongovernmental research and advocacy organization established in 1941, “Ethiopia has one of the lowest rates of internet and mobile telephone penetration on the continent. Despite low access, the government maintains a strict system of controls and is the only country in Sub-Saharan Africa to implement nationwide internet filtering.” They have shuttered independent newspapers, jailed reporters, editors and bloggers and exiled dozens of journalists in a futile attempt to conceal their horrific crimes against humanity and vampiric corruption. They have succeeded in transforming Ethiopia from the “Land of 13 Months of Sunshine” to the “Land of Perpetual Darkness”.
But my commentary here is not about the Benighted Kingdom of Ethiopia where ignoramuses are kings, queens, princes and princesses. I am concerned about the systemic and rampant corruption in Ethiopia’s “education sector”. The most destructive and pernicious form of corruption occurs in education. Educorruption steals the future of youth. It permanently cripples them intellectually by denying them opportunities to acquire knowledge and transform their lives and take control of the destiny of their nation. As Malcom X perceptively observed, “Without education, you are not going anywhere in this world.” Could Ethiopia’s youth go anywhere in this world trapped and chained deep in the belly of a corrupt educational system?
I will admit that in the hundreds of weekly commentaries I have written over the last half dozen or so years, I have not given education in Ethiopia the critical attention it deserved. I have no excuse for not engaging the issue more intensely. In my own defense, I can only say that when an entire generation of Ethiopian scholars, academics, professors and learned elites stands silent as a bronze statute witnessing the tyranny of ignorance in action, the burden on the few who try to become the voices of the voiceless on every issue is enormous.
I have previously commented on the lack of academic freedom in Ethiopian higher education and the politicization of education in Ethiopia. In my February 2008 commentary “Tyranny in the Academy”, I called attention to the lack of academic freedom at Mekelle Law School. I defended Abigail Salisbury who was a visiting professor at that law school when she was summarily fired by Meles after she published an academic commentary on her experiences at that law school:
…I was absolutely shocked, then, when I started reading my students’ work. Out of the hundred third-year students I teach, probably forty of them had inserted a special section, right after the cover page, warning me of what might happen to them were their paper to leave my hands. A number of students wrote that they would never give their real opinions to an Ethiopian professor because they fear being turned in to the government and punished. Others begged me to take their work back to America with me so that people would know what was going on…
In my September 2010 commentary, “Indoctri-Nation”, I criticized the Meles regime for politicizing education. The “Ministry of Education” (reminds one of Orwell’s “Ministry of Truth” (Ignorance)) at the time had issued a “directive” effectively outlawing distance learning (education programs that are not delivered in the traditional university classroom or campus) throughout the country. The regime had also sought to corner the disciplines of law and teaching for state-controlled universities, creating a monopoly and pipeline for the training of party hacks to swarm the teaching and legal professions. I demonstrated that “directive” was in flagrant violation and in willful disregard of the procedural safeguards of the Higher Education Proclamation No. 650/2009. It did not faze them. (It was time to mint a new legal maxim: “The ignorant are entitled to ignore their own law and invoke ignorance of their own law as a defense.”)
The “directive” was at odds with the recommendations of the World Bank (which has been assisting the regime in improving education administration and delivery of services) for increased emphasis on the creation of a network of “tertiary educational” institutions (e.g. distance learning centers, private colleges, vocational training services, etc.,) to help support the “production of the higher-order capacity” necessary for Ethiopia’s development. In its 2003 sector study “Higher Education Development for Ethiopia”, the World Bank had recommended “a near term goal [of] doubl[ing] the share of private enrollments from the current 21% to 40% by 2010.” By 2010, the Meles regime had decided to reduce private tertiary institutions, particularly the burgeoning distance learning sector, to zero!
In my October 2010 commentary, “Ethiopia: Education Unbanned!”, I was pleasantly surprised but unconvinced by the Meles regime’s apparent change of strategy to abandon its decision to impose a blanket ban on distance learning and reach a negotiated resolution of instructional quality issues with distance learning providers. I pointed out a few lessons Meles and his crew could learn from the bureaucratic fiasco. (Is it really possible for the closed- and narrow-minded to learn?)
I focus on educational corruption in Ethiopia in this commentary for four reasons: 1) I was appalled by the corruption findings in the recent World Bank 448-page report “Diagnosing Corruption in Ethiopia”. That report, with bureaucratic delicacy and hesitancy, demonstrates the cancer of corruption which afflicts the Ethiopian body politic has metastasized into the educational sector putting the nation’s youth at grave risk. 2) There is widespread acknowledgement that education in Ethiopia at all levels is in a pitiful condition. For instance, a 2010 Newsweek “study of health, education, economy, and politics” showed Ethiopia with a population of 88 million had a literacy rate of 43.3 percent, and ranked 98 out of 100 countries on education. 3) Few Ethiopian educators and scholars are examining the issue of educational corruption and its implications for the future of the country and its youth. Hopefully, this commentary could spur some of them to investigate corruption in education (and other areas) and conduct related policy research and analysis. 4) I had promised in my first weekly commentary of 2013 to pay special attention to youth issues in Ethiopia during the year. Nothing is more important to Ethiopia’s youth than education. Youth without education are youth without a future and without hope. Youth without education are emblematic of a nation in despair.
World Bank findings on corruption in the Ethiopian education sector
The WB report on the education sector alludes to an Ethiopian proverb in assessing the culture of corruption and impunity: “Sishom Yalbela Sishar Ykochewal” — roughly translates into English as follows: “One who does not exploit to the full his position when he is promoted will lament when he no longer has the opportunity.”
Ethiopia’s education sector has become a haven and a refuge for prebendalist (where those affiliated with the ruling regime feel entitled to receive a share of the loot) party hacks and a bottomless barrel of patronage. The Meles regime has used jobs, procurement and other opportunities in the education sector to reward and sustain loyalty in its support base. They have been handing out teaching jobs to their supporters like candy and procurement opportunities to their cronies like cake. “In Ethiopia’s decentralized yet authoritarian system,considerable powers exist among senior officials at the federal, regional, and woreda levels. Of particular relevance to this study is the discretion exercised by politically appointed officials at the woreda level, directly affecting the management of teachers.”
In “mapping corruption in the education sector in Ethiopia”, “the World Bank report cautions that “corruption in education can be multifaceted, ranging from large distortions in resource allocation and significant procurement-related fraud to smaller amounts garnered through daily opportunities for petty corruption and nontransparent financial management.” Corruption in the education sector is quadri-dimensional “affecting the selection of teachers for training, recruitment, skills upgrading, or promotion; falsification of documents to obtain qualifications, jobs, or promotions and fraud and related bribery in examinations and conflict of interest in procurement.”
The “selection of candidates for technical training colleges (TTCs)” is the fountainhead of educational corruption in Ethiopia. According to the WB report, “students do not generally choose to become teachers but are centrally selected from a pool of those who have failed to achieve high grades.” In other words, the regime’s policy is to populate the teaching profession with, for lack of a better word, the “dumber” students. Such students also make the most servile party hacks. But it is a spectacular revelation that the future of Ethiopia’s youth — the future of Ethiopia itself — is in the hands of “those who have failed to achieve high grades”. Ignorant teachers and ignorant students= Ignorance is strength. Could a greater crime be committed against Ethiopia’s youth and Ethiopia?
To add insult to injury, the selection of underachieving students to pursue teacher training institutes is itself infected by “bribery, favoritism and nepotism.” The most flagrant corrupt practices include “manipulation of the points system for selection of students to higher education.” The “allocate[on] of higher percentage points for results from transcripts and national exams than for entrance exams” has “enabled a large number of inadequately qualified students to join the affected institutes, sometimes with forged transcripts. This practice has affected the quality of students gaining entry to higher education and eroded the quality of the training program.” In other words, even among underachievers seeking to become teachers, it is the washouts, the duds and flops that are likely to become teachers!
Fraud and related corrupt practices in matriculation are commonplace. According to the WB report, there is
a significant risk of corruption in examinations…The types of fraudulent practices in examinations include forged admission cards enable students to pay other students to sit exams for them, collusion allowing both individual and group cheating in examinations, assistance from invigilators (exam monitors) and school and local officials (during exams), higher-level interference [in which] regional officials overturned the disqualification of cheaters, fraudulent overscoring of examination papers [by] teachers are bribed by parents and students, fraudulent certification of transcripts and certificates to help students graduate.
Although there are public officials who have considered reporting corrupt practices, they have refrained from doing so because there was “a strong sense that there is no protection to guard against possible reprisals directed at those who report malpractice.” There is no place for whistle blowers in Ethiopia’s edu-corruptocracy.
Recruitment and management of teachers is a separate universe of corrupt practices. “In Ethiopia, the overwhelming bulk of expenditure in education is taken up by salaries of teachers” and there is a “high risk of bribery, extortion, favoritism, or nepotism in selecting teachers for promotion, upgrading, or grants.” The WB report found “nepotism and favoritism in recruitment were broad and frequent—namely that, in some woredas, the recruitment of teachers (and other community-based workers) is based on political affiliation, including paid-up membership of the Ethiopian People’s Revolutionary Democratic Front (EPRDF).”
What is shocking is not only the culture of corruption in education but also the culture of impunity — the belief that there are no consequences for practicing corruption. The WB report shows not only the “prevalence of fraud and falsification of teaching qualifications and other documents, reflecting weak controls, poor-quality documents (that are easily falsified), [but also] the widespread belief that such a practice would not be detected… For such falsification to go unnoticed, there is a related risk of the officials supporting or approving the application being implicated in the corrupt practice.”
The types of corrupt practices that occur at the management level are stunning. Managers manipulate access to “program of enhancing teacher qualifications through in-service training during holiday periods by using their positions to influence the selection of candidates. Hidden relationships are used in teacher upgrading, with officials at the zonal or woreda level taking the first option on upgradation programs.” The appointment of local education officials is not “competitive” but “politically assigned”. Collusion between local managers and teachers over noncompliance with curriculum, academic calendar, and similar practices is a relatively common practice and “reduces the provision of educational services.” This situation is made worse by “teacher absenteeism [which] is tolerated by head teachers, within the context of staff perceiving a need to supplement their income through private tutoring or other forms of income generation.” Poorly paid teachers supplement their incomes by “private tutoring [which] is widespread, with 40 percent of school officials reporting it as a practice.” Corruption also extends to “teachers paying bribes or kickbacks to management, mostly school directors, to allocate shorter work hours in schools so that they can use the freed-up time to earn fees as teachers in private schools.” The payola is hierarchically distributed: “Bribes received are likely to be shared first with superiors, then with a political party, and then with colleagues, in that order.”
Falsification of documents including forged transcripts and certificates occurs on an “industrial” scale and is “most prevalent in the provision of certification for completing the primary or secondary school cycles” and in generating bogus “documents in support of applications for promotion”.
Procurement (official purchases of goods and services from private sources) is the low hanging fruit. “In the education sector, a number of public actors maybe involved [in procurement], depending on the size and type of the task. These include national and local government politicians and managers.” Some people have a lock on the procurement system. Successful “tendering companies” are likely to have “family or other connections with officials responsible for procurement”. Procurement corruption also takes the forms of “uncompetitive practices” “including the formation of a cartel, obstruction of potential new entrants to the market, or other forms of uncompetitive practices that may or may not include a conspiratorial role on the part of those responsible for procurement.” Other procurement related corruption includes “favoritism, nepotism, or bribery in the short-listing of consultants or contractors or the provision of tender information.” There are some “favored contractors and consultants” who have a “dominant market position” and are “awarded contracts for which they were not eligible to bid.” Corruption also occurs in the form of defective construction, substandard materials and overclaims of quantities.
Construction quality issues are considered a significant problem in the construction of educational facilities, particularly in the case of small, remote facilities where high standards of construction supervision can be difficult to achieve. For example, a toilet block in a school collapsed a month after completion. The contractor responsible for building the facility was not required to make the work good or repay the amount paid, nor was the contractor sanctioned. The matter was not investigated. Such problems are a significant indicator of corrupt practices, particularly when the contractor is not ultimately held to account for its failures…
There is corruption in the “purchase of substandard or defective supplies or equipment. For this to go unchallenged by those responsible for procurement strongly suggests either a lack of capacity, corrupt practices, or both.” According to an example cited in the WB report, “a large fleet of buses purchased by the MOE [“Ministry of Education”] using Teacher Development Program funds and distributed to TTCs were found to be defective. The TTCs complained that the MOE had dumped the buses on them. The MOE subsequently sent auditors to determine whether the complaint was genuine.”
The amazing fact is that the regime reflexively decided to investigate those who filed the complaint, and not the reported crooks. They automatically assumed the technical training colleges were lying and sent their auditors to investigate them for possible false reporting of defective buses!! (Orwelliana: The criminals are the victims and the victims are the criminals.) There is evidence of theft and resale of school supplies or equipment. “One such indication relates to the alleged illegal sale of education facilities, with related allegations of nepotism. A city education office is alleged to have sold valuable heritage buildings in a secondary school to a private developer and then to have requested land to rebuild the school facilities.”
Changing the culture of corruption and impunity
The culture of corruption and impunity in Ethiopia must be changed. The WB report observes,
In Ethiopia, the pattern of perception suggests that outright bribery is perceived to be more corrupt than, for example, favoritism or the falsification of documentation. There is also a sense that some practices, such as expressing gratitude to a client through the giving of a small gift, are normal business practice and not necessarily corrupt. Finally, there is an underlying acceptance among many that the state has the right to intervene in the market if that is considered to be in the national interest, and there is little sense that such interventions could be at variance with ongoing efforts to promote the level playing field needed for effective privatization of service provision, including in the education sector.
It is unlikely that a corrupt regime has the will, capacity or interest to change its own modus operandi. As I have argued elsewhere, having the “Federal Ethics and Anti-corruption Commission” (FEAC) investigate the architects and beneficiaries of corruption in Ethiopia is like having Tweedle Dee investigate Tweedle Dum. It is an exercise in futility and an absurdity. FEAC is a toothless, clawless and feckless make-believe do-nothing bureaucratic shell incapable of investigating corruption in its own offices let alone systemic corruption in the country.
Pressures for accountability and transparency could come from domestic civil society institutions, but as the WB report points out, a 2009 “civil societies law” has decimated such institutions. The only practical and effective mechanism for accountability and transparency in the education sector is the institutionalization of an independent and energetic teachers’ union. But the regime has destroyed the real teachers’ union. According to the WB report,
Teachers in Ethiopia have historically been represented by the Ethiopian Teachers’ Association (ETA), founded in 1949. Following a long legal battle, a 2008 court ruling took away the right of the ETA to its name and all of its assets, creating a different organization with an identical name. Most teachers are now members of this replacement organization, for which dues are deducted from teachers’ salaries. The original ETA, now reorganized as the National Teachers Association (NTA), considers the new ETA to be unduly influenced by the government and has complained of discrimination against its members. Such concerns have in turn been expressed internationally through a range of bodies including the International Labour Organization (ILO 2009).
The mis-edcuation of Ethiopia’s youth and stolen futures
Education of Ethiopia’s youth is a human rights issue for me and not just a matter of professional concern as an educator. Corruption in the education sector is so severe that the future of Ethiopia’s youth is at grave risk. As Transparency International admonishes,
Stolen resources from education budgets mean overcrowded classrooms and crumbling schools, or no schools at all. Books and supplies are sometimes sold instead of being given out freely. Schools and universities also ‘sell’ school places or charge unauthorised fees, forcing students (usually girls) to drop out. Teachers and lecturers are appointed through family connections, without qualifications. Grades can be bought, while teachers force students to pay for tuition outside of class. In higher education, undue government and private sector influence can skew research agendas.
It is true “ignorance is strength”. The Meles regime seeks to create an army of ignorant youth zombie clones who will march lockstep and follow their orders: “Zombie go, zombie stop, zombie think… zombie learn… zombie dumb… zombie dumber…” If ignorance is strength, then knowledge is power. When “ignorant” youth gain knowledge, they become an unstoppable force.
It may not be manifest to many but Ethiopia’s mis-educated youth are on the rise. A quiet riot is raging among the youth debilitated by overwhelming despair and anguish. The youth look at themselves and their lost futures under a corrupt tyranny. They know things are not going to get better. For now the despair simmers but it will reach a boiling point. Mohamed Bouazizi was a 26 year old Tunisian street vendor who set himself on fire in December 2010. Dictator Ben Ali did not see it coming, but the fire that consumed Bouazizi also consumed and transformed not only Tunisia but also led to an Arab Spring. Moamar Gadhafi, the great “Brotherly Leader and Guide of the Revolution of Libya” died at the hands of youth he miseducated for 42 years. Informed, enlightened and interconnected Egyptian youth brought down the Mubarak regime in less than two weeks!
Ethiopia’s youth will rise because there is no force that can keep them down. The only question is when not if. That is the immutable of law of history. In the end, I believe Ethiopia’s youth will remember not the deeds and misdeeds of those who miseducated them and robbed them of their futures, but the silence of the scholars, intellectuals, academics, professors and learned men and women who watched the tyranny of ignorance like bronze statutes. I am confident in my conviction that there will come a time when Ethiopia’s youth will stand up collectively, and each one pointing an index finger, shout out, “J’accuse!”
Ignorance is strength but knowledge is power! Fight the tyranny of ignorance. Educate yourself!
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
http://open.salon.com/blog/almariam/
www.huffingtonpost.com/alemayehu-g-mariam/
Amharic translations of recent commentaries by the author may be found at:
Meles Zenawi when he was alive and his apostles today (“Melesistas”) keep playing us in the Diaspora like a cheap fiddle. They make us screech, shriek, scream and shout by simply showing their mugs in our cities. How do they do it? Every now and then, the Melesistas suit up a few of their bumbling and bungling zombies from central casting and unleash them into the Ethiopian Diaspora to “sell bonds” for the “Grand Meles Dam” to be built over the Blue Nile. Anytime these zombies show up to panhandle chump change from their supporters, a welcoming committee of defiant and patriotic Ethiopian activists show up to chase them out of town like campers at a national park chasing coyotes scrounging at the trash bin. For the past several weeks, Diaspora activists have been routing these imposters across European and American cities; but incredibly, these brazen con artists show up in the next city like snake oil salesmen at a carnival. That really piqued my curiosity. Why do these scammers show up in city after city knowing that they will be confronted and chased out by young patriotic Ethiopians? Are they really fundraising by “selling bonds” in the Diaspora or are they using “fundraising” as a cover for something altogether different? Ummm!!!
First, the irrefutable facts about the Meles Dam hogwash. As I demonstrated in my March 11 commentary, “Rumors of Water War on the Nile?”, the Meles Dam on the Blue Nile (Abay River) was the exquisite figment of Meles’ imagination, and now the phantasmic idol of worship for his discombobulated apostles. Anyone who bothers to study the facts of this so-called dam project will readily conclude that it is pie in the sky. It is “self-funded” because the multilateral lending institutions and private investors who normally bankroll such major infrastructure projects wouldn’t touch it with a ten foot pole standing a mile away. They have determined it is a white elephant. Egypt has also used its leverage to block funding sources. Egypt has contingency military plans to undam the dam if it ever comes on line.
The fact of the matter is that it is impossible for the bumbling regime in Ethiopia, which sustains itself through international panhandling, to raise the USD$6-10bn needed from the people of the second poorest country in the world. The regime does not even have sufficient foreign reserves to cover the cost of imports for three months. Its foreign debt exceeds USD$12bn; and despite windbagging about an 11 percent annual growth, the “fifth fastest growing economy in the world”, yada, yada, unemployment, inflation, mismanagement and corruption have put on life support an economy addicted to international handouts. The idea that nickels and dimes collected from Ethiopians in the country by staging “musical concerts, a lottery and an SMS campaign” and a buck or two from Diaspora Ethiopians could build such a project is simply nutty. Because the dam builders live in a fool’s paradise, they think Diaspora Ethiopians are all “fools and idiots” who will buy fantasy dam bonds. (Just as an aside, those who are buying Meles Dam junk bonds should first consider buying the Brooklyn Bridge in New York City.) Anyway, the Diaspora “bond sales” effort has been a total failure. The regime recently announced that it had collected $43,160 from its latest bond sales in San Diego, CA. Yeah! Right!
For domestic public relations purposes, the Melesistas’ strategic objective in pushing the Meles Dam hoax is to create patriotic fervor and galvanize the entire population around an object of national pride while deifying Meles and generating political support for themselves to prolong their lease on political power. The Meles Dam would at once be a hydrological temple to worship “Meles the Great Leader and Visionary” and a symbolic object of national unity that could rally massive support for the regime. The Melesistas have convinced themselves that by talking about the Meles Dam 24/7, 365 days, they can convince the people that the dam is actually under construction. They blather about building the “largest dam in Africa” and Ethiopia becoming a middle income country and a formidable regional economic power in just a few years. They talk about their “visionary leader” and how they will blindly follow his vision to the end of the rainbow where they will collect their pot of gold in the form of Meles Dam bonds. They march on chanting their mantra: “We will follow Meles’ vision without doubt or question.”
They must really think the people are “fools and idiots” (to borrow a phrase from Susan Rice) to be fooled by their silly dog and pony show and talk of pie in the sky. The Ethiopian people may not know about a “pie in the sky”, but they certainly know about the “cow they have in the sky whose milk they never see.” But careful analysis shows the Melesistas have pulled this one right out of Joseph Goebbel’s bag of tricks: “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.” Isn’t this exactly what the Melesistas are doing in Ethiopia now – repeat the dam lie, development lie and repress dissent and persecute journalist who tell the truth?
The Melesistas think they are so smart that they can hoodwink not only Ethiopians in the country but also those in the Diaspora. They put on a dam “bond selling” show to convince Diasporans that the Meles Dam is real and that it is the panacea to Ethiopia’s economic woes. “Buy dam bonds! Ethiopia will be rafting on a river of milk and honey once the Blue Nile is dammed.” But only a damned fool would believe that. According to the World Bank, Ethiopia’s “power sector alone would require $3.3 billion per year to develop” in the next decade. Currently, power tariffs are so underpriced that they range between “$0.04-0.08 per kilowatt-hour” and are “low by regional standards and recover only 46 percent of the costs of the utility.” For every dollar they spend supplying power, they lose 54 cents! In other words, these guys hawking the Meles Dam junk bonds and promising billions in profits are losing their shirts on the power they are selling right now! Why would anyone trust and buy dam bonds from those who can’t even make a damn profit from existing dams? Why would anyone buy dam junk bonds when the outlook for the energy sector in Ethiopia is so damn bleak? The Melesistas fantasize that they can pay off bondholders by selling power from the dam to the Sudan, Egypt and the Arabian peninsula. Why the hell would Egypt or the Sudan buy power from a dam that damns them by effectively reducing their water supply for agriculture and their own production of power?
The real aim of the Meles Dam is not the construction of a dam over the Blue Nile but to use the specter of the construction of a gargantuan dam on the Nile to inspire fear, loathing and dread of an imminent regional water war. Simply stated, the dam idea is an extortion scheme to scam the international community and downstream countries for more aid and loans as a price for continued regional stability, avoidance of conflict and maintenance of the status quo. Suffice it to say, one has to be a damned “fool and an idiot” to believe the Meles Dam will ever be built or buy Meles Dam junk bonds and expect a return. (Buying the Brooklyn Bridge is a much better investment.)
Shadowboxing Smoke and Mirrors
So, why do the Melsistas send zombies into the Diaspora on a fool’s errand? They know they will be shamed and disgraced and chased out of every American and European city like stray dogs at a bazaar. They know they will be lucky to squeeze a few hundred dollars at a Diaspora “bond selling” event. Do they do it because they are professional beggars and panhandlers?
There is a deceptively simple method to their madness. They send their zombies in the Diaspora to make us shadowbox smoke and mirrors. They are playing a simple but clever psychological game.
The Melesistas are getting hammered everyday by bad publicity. Hardly a day passes without some report by an international human rights, press or research organization documenting their monumental crimes against humanity. Just in the past few months, there have been numerous reports and press releases by Human Rights Watch, the Committee to Protect Journalists and a host of newspaper and television outlets, including Al Jazeera and CNN, on massive human rights violations, land grabs, ethnic cleansing, suppression of religious freedom and other issues in Ethiopia. Recently, the World Bank made public a 448-page corruption report on Ethiopia. A couple of weeks ago, the U.S. State Department released its annual Human Rights Report on Ethiopia documenting the regime’s “arbitrary killings, torture, beating, abuse, and mistreatment of detainees by security forces, harsh and life-threatening prison conditions, arbitrary arrests and detentions, detention without charge and lengthy pretrial detention, illegal searches, “villagization” (pillagization) program, restrictions on freedom of assembly, association, and movement, interference in religious affairs…” This past week, they got clobbered in the international press for a kangaroo appellate court affirmance of the 18-year sentences of the internationally-acclaimed journalist Eskinder Nega and dynamic opposition leader Andualem Aragie.
The Melesistas have become international pariahs and desperately want to change the topic from Eskinder Nega, Reeyot Alemu, Woubshet Taye, Andualem Aragie…, corruption, ethnic cleansing, land giveaways, suppression of religious freedom and interference in religious affairs and critical human rights reports. They want to take control of the international public relations agenda. They want to shed off their international image as corrupt thugs who trample on human rights and steal elections. They want to reinvent themselves as anti-poverty warriors and statesmen of economic development. They want to be seen as the new “new breed of African leaders” toiling indefatigably to eradicate poverty and promote economic development and democracy.
In a Machiavellian maneuver, they have, to some extent, succeeded in getting Diaspora Ethiopians, particularly the activists, to promote their “dam development” agenda for them in America, Europe and elsewhere. Every time Diaspora activists confront the zombie junk bond dealers and brokers, they are seen talking (but saying nothing) about development, growth, infrastructure projects and how the Meles Dam will transform Ethiopia into an economic powerhouse. (They never mention the massive foreign debt, the USD$12bn that has left the country illegally since 2001, the massive youth unemployment, accelerating population growth, etc.). They always sheath their bloody hands in the glove of development talk. When activists protest and confront these zombies, they appear to be anti-development obstructionist agitators. That’s is the exquisite trick of the Melesistas. They want the world to see Diaspora Ethiopians as a bunch of rowdy, wild, disorderly, loudmouthed, raucous, uncivil and intolerant bunch who will not even allow civil discussions of “development”. They aim to create and nurture the image of a few combative “Diaspora extremists” and an overwhelming number of silent (as a church mouse) regime supporters who are afraid to come forward (or attend their “bond selling” events) and show their support for fear of attack by the “extremists.” In the mix are the hapless Diasporans who have to go back and forth to Ethiopia to secure their property and business interests. Those guys are toast; either they pay protection money (buy dam bonds) or get jacked up on some trumped up charge and lose their properties or worse.
The Melesistas’ strategy to counter bad publicity and capture the domestic and international public relations commanding heights is based on three principles: Distract, distract and distract some more. Distract Ethiopians inside the country from critical political, social and economic issues by bombarding them with inane development propaganda. State television (which is watched by virtually no one in the country) is filled with ceaseless barrages of nauseating and mind numbing amateur development propaganda. It is vintage police state propaganda aimed at convincing a largely illiterate population that famine is plenty, decline is development, poverty is wealth, dictatorship is democracy and the man who destroyed the country is its savior.
The second strategy is to distract Diaspora Ethiopians from vigorously pursuing an agenda that promotes democracy freedom and human rights. They unleash a few smooth-talking empty suits with empty heads and let them wander from one city to another in the U.S. and Europe just to get Ethiopian activists emotionally worked up about a fantasy dam and lose their focus on issues of human rights violations, abuse of political prisoners, ethnic cleansing, suppression of religious freedoms, and myriad economic problems. Some Diaspora activists react vigorously whenever they see these hapless empty suits at “bond selling” events believing they are confronting the master criminals. Therein lies the trick. The Melesistas are so clever that they have succeeded in making some of us believe that the puppets are actually the puppet masters. We need to be aware that the empty suits they send into the Diaspora to sell the dam bonds are just schmucks and buffoons who do what they are told; or “zombies” as the great African musician Fela Kuti would have called them (“Zombie go… zombie stop…zombie turn…zombie think…” ) They are bait and are offered as scapegoats to the Diaspora. By chasing the puppets out of town, some of us feel we have chased out the puppet masters. But the puppet masters laugh at us because our victory is the victory of the shadow boxer who knocked out the shadow.
The third strategy of the Melesistas is to distract donors and human rights organizations from criticizing them on their atrocious human rights record. They want to justify and convince them that the masses of ordinary Ethiopians are interested in the politics of the belly and not the politics of the ballot. Meles declared, “My view is that there is no direct relationship between economic growth and democracy historically or theoretically.” They want to convince donors and human rights organizations that the masses do not care about human rights or democracy; they are concerned only about filling their bellies. To them, the masses of poor, illiterate, hungry and sick Ethiopians are too dumb and too damn needy to appreciate “political democracy.”
Legacy of the great manipulator
Manipulation of the Diaspora is one of the chief legacies of Meles. Wikileaks cablegrams portray Meles as a slick, scheming, crafty and cunning hombre. He could have achieved greatness but undid himself because he was unable to tame his voracious appetite for extreme vindictiveness and revenge and could not bridle his bottomless capacity for maliciousness, viciousness and obduracy. Those who claim to know Meles say he knew his opposition better than the opposition knew itself. Distraction, diversion, misdirection, hoodwinking, chicanery, paralogy and sophistry were the hallmarks of Meles’ strategy. The cunning dictator was able to shroud his corrupt empire for two decades by pursuing a propaganda policy of mass distraction and by staging one farcical political theatre after another. As I have long maintained, Meles’ “attitude was that he can outwit, outthink, outsmart, outplay, outfox and outmaneuver boatloads of Ph.Ds., M.Ds., J.Ds. Ed.Ds or whatever alphabet soup of degrees exist out there any day of the week. He seemed to think that like the opposition leaders, Ethiopian intellectuals are dysfunctional, shiftless and inconsequential, and will never be able to pose a real challenge to his power.” In a rare moment of candor responding to a journalist’s question about Diaspora Ethiopians protesting his overseas visits, Meles confessed, “We may be at fault in some way. I am sorry. That maybe we didn’t communicate well enough to those Ethiopians living abroad what is happening, what we are doing here.” Meles’ apostles keep making the same mistake. Like shepherd, like sheep! Like Meles, like Melesistas!
Criminal violations in selling unregistered securities in the U.S.
There have been questions raised about the legality of the sale of Meles Dam bonds as “securities” in the U.S. Under federal and most state laws, a “security” is broadly defined and includes stocks, bonds, debt and equity securities, notes, investment contracts, etc. Unless exempted, all securities must be registered with the Securities and Exchange Commission (SEC) and/or relevant state agencies prior to selling or offering for sale to the public. A security which does not have an effective registration statement on file with the SEC and/or the relevant state agency is considered an unregistered security. Buying or selling unregistered securities is a crime under federal and state laws. The SEC can prosecute issuers and sellers of unregistered securities under section 20(b) of the Securities Act of 1933 (which regulates original issuers) and seek injunctions if the Securities Act has been violated, or if a violation is imminent. Section 8A also allows the SEC to issue orders to issuers of unregistered securities to cease and desist and seek civil penalties under Section 20(d) if an issuer violated the Securities Act, an SEC rule, or a cease-and-desist order.
Like most states, California Corporations Code sections 25110-25118 set strict guidelines for any securities sold in that state. Any person or entity who willfully sells or transports unregistered securities through interstate commerce or buys such securities could face serious criminal liabilities under California Corporations Code section 25540, subd. (a) with penalties of incarceration for up to three years and a fine up to $1 million. California prosecutors, like their federal counterparts, could also seek injunctive relief and civil penalties.
There are a few limited exemptions to the registration requirement. One of them is an exemption “for certain foreign government securities brokers or dealers”. Pursuant to 17 CFR 401.9, “A government securities broker or dealer (excluding a branch or agency of a foreign bank) that is a non-U.S. resident shall be exempt from the provisions of sections 15C(a), (b), and (d) of the Act (15 U.S.C. 78o–5(a), (b) and (d)) and the regulations of this subchapter provided it complies with the provisions of 17 CFR 240.15a–6…” In other words, the bond “brokers and dealers” sent to the U.S. to sell the Meles Dam bonds must meet the multifarious requirements of federal securities law and other regulatory requirements including full disclosure, proof of maintenance of required books and records relating to the bond issues and written consent to service of process for any civil action arising from disputes in bond related transactions. It is highly unlikely that the “brokers and dealers” selling the Meles Dam bonds in the United States qualify under 17 CFR 240.15a–6 and 15 U.S.C. 78o–5(a).
Fight the Power, not the smoke and image in the mirror
Diaspora activists should keep their eyes on the prize, not on the smoke and mirrors of the Melesista Road Show, Carnival and Circus.
Ethiopian Americans are fortunate to live under a Constitution that guarantees our right to free expression and peaceful protest. As citizens, it is our moral duty to exercise our constitutional rights. We have recently seen Americans using their right to protest by launching the “Occupy” protest movement. Historically, the civil rights movement relied on sit-ins, sit downs, teach-ins, rallies and marches as a form of direct nonviolent action to bring about change. Nonviolent mass protests eventually led to passage of the Civil Rights Act of 1964 which ended racial segregation, and the Voting Rights Act of 1965 which removed barriers to voting. The anti-war and free speech movements relied on non-violent protests to defend expressive freedoms and end the war in Vietnam. Nonviolent protests were also used in the anti-Apartheid movement in the U.S. resulting in boycotts, divestments in corporations and spurring legislative and diplomatic action which hastened the end of Apartheid.
The main point is that Diaspora Ethiopians should be laser-focused on the prize and make sure that democracy will in the end triumph over dictatorship in Ethiopia; human rights are vindicated and human rights abusers are held accountable and any government in Ethiopia shall fear the people and the people shall never fear their government. We should not be distracted by empty suits with empty heads lurking in and out of town to scrounge up chicken feed. We should not be angry at programmed zombies at “bond selling” events because they are just wretched flunkies and bootlickers, who given the opportunity will make a beeline to the immigration office to file for political asylum. We should not mistake the puppets for the puppet masters. We should not confuse shadow for reality.
We should be aware not only when we are being abused but also used. We should never let them make us do their dirty jobs because they can cleverly manipulate our psychological disposition to righteous indignation. We should never react because that allows them to take control of our emotions and reactions. We should always act and never react. Most importantly, we should engage in proactive activism instead of reactive activism. When we are proactive, we plan things out carefully and strategically. Nonviolent protest is a highly disciplined effort. Dr. Martin L. King, Jr. taught, “In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustices exist; negotiation; self-purification; and direct action.” We should educate and train ourselves in the ways of nonviolent protest. When confronting the zombies, we should maintain a high degree of composure and display self-dignity in our expressions of defiance. At dam “bond selling ” events, protesters should adequately prepare pre-event publicity. Serious attention should given to the development of press kits and talking points. Press and law enforcement liaisons should be trained and designated. Well informed and articulate spokespersons should be selected to give press interviews. Adequate attention should be given to post-event follow up activities.
It is a great disservice to oneself and to our great cause to engage in nonviolent protest without reading and understanding Gene Sharp’s extraordinary work, “From Dictatorship to Democracy”available online for free. An Amharic translation of Gene Sharp’s book is also available online free of charge (here) for anyone to download or print. Ignorance cannot drive out ignorance, only knowledge can. We must educate ourselves in the ways of peaceful protest, or our efforts will produce few results. We are less likely to be manipulated if we keep ourselves informed and develop critical analysis skills that cut through the blather of our adversaries.
While those of us in the older generation (“Hippos”) wallow in self-pity and cynicism, it is inspiring to see young patriotic Diaspora Ethiopians (“Cheetahs”) using their right to peaceful protest to resist the zombies of tyranny. Just as the task of building a fantasy dam belongs to the Melesistas, the construction of the new Ethiopia is a task reserved for the young Cheetahs. It is painful to admit that we Hippos have not been much of a role model for the Cheetahs. We have unkindly criticized the Cheetahs for their lack of engagement, apathy and single-minded pursuit of flash and cash. We grumble that the Cheetah generation is the lost generation and there is no one to save Ethiopia (but it has been a long time since we Hippos looked into the mirror without smoke).
I am afraid there is little that Ethiopian Cheetahs could learn from Ethiopian Hippos. Perhaps Ethiopian Cheetahs can get inspiration from other Cheetahs. In the past 2 years, we have seen inexperienced youth using social media bring down dictators or force them to make radical changes in governance in North Africa and the Middle East. The key to their success was their ability to get in tune and on the same wavelength with each other, and to be able to speak the same beautiful language of peaceful change and protest. As always, I believe Ethiopian youth united — across ethnic, religious, linguistic, gender, and regional lines — can never be defeated!
“Get up, stand up, stand up for your rights. Get up, stand up, don’t give up the fight.” Bob Marley
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
http://open.salon.com/blog/almariam/
www.huffingtonpost.com/alemayehu-g-mariam/
Amharic translations of recent commentaries by the author may be found at:
Edmund Burke, the British statesman and philosopher, said “Hypocrisy can afford to be magnificent in its promises, for never intending to go beyond promise, it costs nothing.” We’ve heard many promises on human rights in Africa from President Obama and his Administration over the past four years. “We will work diligently with Ethiopia to ensure that strengthened democratic institutions and open political dialogue become a reality for the Ethiopian people… We will work for the release of jailed scholars, activists, and opposition party leaders… We align ourselves with men and women around the world who struggle for the right to speak their minds, to choose their leaders, and to be treated with dignity and respect…. Africa’s future belongs to its young people… We’re going to keep helping empower African youth… Africa doesn’t need strongmen, it needs strong institutions. We support strong and sustainable democratic governments…. America will be more responsible in extending our hand. Aid is not an end in itself… [Dictatorship] is not democracy, [it] is tyranny, and now is the time for it to end… America is watching…” All empty promises and cheap talk.
…[These] reports show brave citizens around the world and those who would abuse them that America is watching…
So anywhere that human rights are under threat, the United States will proudly stand up, unabashedly, and continue to promote greater freedom, greater openness, and greater opportunity for all people. And that means speaking up when those rights are imperiled. It means providing support and training to those who are risking their lives every day so that their children can enjoy more freedom. It means engaging governments at the highest levels and pushing them to live up to their obligations to do right by their people…
Is America really “watching” and “standing up”?
I am always curious when someone is watching. Big Brother is watching! Aargh!!
When Kerry tells “brave citizens” in Ethiopia like Eskinder Nega, Reeyot Alemu, Wobshet Taye, Sertkalem Fasil, Bekele Gerba, Olbana Lelisa, Abubekar Ahmed, Ahmedin Jebel, Ahmed Mustafa and so many others “America is watching”, what does he mean? Does he mean America is watching them rot in Meles Zenawi Prison #1 in Kality and/or #2 in Zewai? Does he mean America is watching Ethiopia like birdwatchers watch birds? Or like amateur astronomers watching the starry night sky? Perhaps like daydreaming tourists at the beach watching the waves crash and the summer clouds slowly drifting inland?
Is “watching” a good or a bad thing? If we believe Albert Einstein, watching is no good. “The world will not be destroyed by those who do evil, but by those who watch them without doing anything.” (Silent watchers, watch out!) Like Nero Claudius Caesar who watched Rome burn from the hilltops singing and playing his lyre. Or, (I hate to say it but it would be hypocritical of me not to) like Susan Rice who watched Rwanda burn. Her only question was, “If we use the word ‘genocide’ and are seen as doing nothing, what will be the effect on the November [Congressional] election?”
I like it when Human Rights Watch (HRW) watches because when they watch they witness. They saw the genocide and crimes against humanity in the Ogaden and Gambella and they have witnesses. They watched independent journalists jacked up in kangaroo court and railroaded to Meles Prison #1 or #2. (Sounds like the equivalent of a hotel chain? Well, they do put chain and ball on innocent people at the Meles Zenawi Hilton.)
I like watching watchdogs watch crooks, criminals and outlaws. I mean “watchdog journalists” like Eskinder, Reeyot, Serkalem, Woubshet and many others. These journalists used to watch power abusers and alert citizens of the crimes they were watching. Now the criminals are watching them in solitary at the Meles Zenawi Hilton.
I pity those who just watch. Like the “foolish and senseless people, who have eyes but do not see, who have ears but do not hear” or those who may “indeed see but not perceive, and may indeed hear but not understand.” I have no idea what the Obama Administration is watching, perceiving or seeing in Ethiopia? I would like to believe they are watching human rights abuses and abusers and the criminals against humanity. But how is it possible to watch with arms folded, ears plugged and wearing welding goggles? I wonder: Could they be watching the tragicomedy, “The Trials and Tribulations of the Apostles of Meles”? Perhaps they are watching kangaroo courts stomping all over justice and decency? I am certain they are not watching the political prisoners. Perhaps they are watching the horror movie, “Dystopia in Ethiopia”? Sure, it’s a scary movie but it really isn’t real. But if it is real, what’s the big deal? The same horror film has been playing all over Africa since before independence. Get over it!
From where I am watching, the Obama Administration seems to be watching Ethiopia peekaboo style; you know, cover your face with the palms of your hand and “watch” between the fingers. “I seee yooou!” That is, stealing elections, sucking the national treasury dry, handing over the best land in the country to bloodsucking multinationals, jailing journalists and ripping off the people.
Doesn’t “America is watching,” sound like Orwellian doublespeak. You know, “War is peace. Freedom is slavery. Ignorance is strength.” Dictatorship is democracy. Watching is turning a blind eye.
When America is watching, those being watched in Ethiopia are watching America watching them. They watch America waffling and shuffling, double-talking, flip-flopping and dithering, equivocating, pretending, hemming and hawing and hedging and dodging. But those chaps in Ethiopia watch like George Orwell’s Big Brother (Nineteen Eighty-Four) who watched everybody and everything in Oceania. Well, Big Brother Meles is gone from Ethiopiana but the “Little Brothers of the Party of Meles” keep on watching and yodeling:
…The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know what no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me.
Oceania Ethiopiana!
I have been watching America watching Ethiopia for a very long time. I have been watching the Obama Administration watching and coddling the criminals against humanity in Ethiopia, Rwanda and Uganda. I must confess that I enjoy watching and re-watching President Obama’s speeches in Accra, Cairo, Istanbul and elsewhere. “History is on the side of brave Africans…” (whatever that means).
I liked watching former Secretary of State Hilary Clinton declare moral victory on the Chinese and capture the commanding moral heights. “We don’t want to see a new colonialism in Africa… It is easy to come in, take out natural resources, pay off leaders and leave… and not leave much behind for the people who are there.” Right on! Power to the people of Africa! Down with colonialism! (I think that may be a bit passé.)
Sometimes I feel bad watching. When I watch hard earned American tax dollars bankrolling ruthless African dictators who laugh straight to the bank to deposit their American tax dollars, I really get bummed out. I am peeved when I watch the American people being flimflammed into believing their tax dollars are supporting democracy, human rights and American values in Africa. But when I watch those miserable panhandlers “enfolded in the purple of Emperors” bashing and trashing America on their way back from depositing their foreign aid welfare checks, I just plain get pissed off!!
The audit was unable to determine whether the results reported in USAID/Ethiopia’s Performance Plan and Report were valid because agricultural program staff could neither explain how the results were derived nor provide support for those results. Indeed, when the audit team attempted to validate the reported results by tracing from the summary amounts to the supporting detail, it was unable to do so at either the mission or its implementing partners… In the absence of a complete and current performance management plan, USAID/Ethiopia is lacking an important tool for monitoring and managing the implementation of its agricultural program.
Watching diplocrisy in Technicolor
There is nothing more mind-bending and funny than watching hypocrisy in Technicolor. Earlier this month, in an act of shameless diplocrisy, Secretary Kerry expressed grave reservations about the legitimacy of the election of Nicolás Maduro as president of Venezuela. Maduro won the election by a razor thin margin of 50.66 percent of the votes. Opposition leader Henrique Capriles rejected the results alleging irregularities and demanding a recount of all votes.
… Given the tightness of the result — around 1 percent of the votes cast separate the candidates — the opposition candidate and at least one member of the electoral council have called for a 100 percent audit of the results. And this appears an important, prudent and necessary step to ensure that all Venezuelans have confidence in these results. In our view, rushing to a decision in these circumstances would be inconsistent with the expectations of Venezuelans for a clear and democratic outcome.
We acknowledge the conclusion of Ethiopia’s parliamentary elections on May 23, 2010…
We are concerned that international observers found that the elections fell short of international commitments. We are disappointed that U.S. Embassy officials were denied accreditation and the opportunity to travel outside of the capital on Election Day to observe the voting. The limitation of independent observation and the harassment of independent media representatives are deeply troubling.
An environment conducive to free and fair elections was not in place even before Election Day. In recent years, the Ethiopian government has taken steps to restrict political space for the opposition through intimidation and harassment, tighten its control over civil society, and curtail the activities of independent media. We are concerned that these actions have restricted freedom of expression and association and are inconsistent with the Ethiopian government’s human rights obligations.
…We urge the Ethiopian government to ensure that its citizens are able to enjoy their fundamental rights. We will work diligently with Ethiopia to ensure that strengthened democratic institutions and open political dialogue become a reality for the Ethiopian people.
Victory by 50.66 percent is irrefutable evidence of election fraud in Venezuela but “all Ethiopians should have confidence” in the 99.6 percent election victory of Meles Zenawi? Sounds like election certification in Oceania. Rigged elections are free and fair elections!
Watching “fools, idiots” and sanctimonious diplocrites
If Susan Rice is to be believed, critics of Meles Zenawi and his regime (and by implication critics of U.S. policy that supports the regime) are “fools and idiots”. I guess if one must choose between being a “fool/idiot” and a hypocrite/diplocrite, one is well-advised to choose the former. A fool does or does not do the right thing because s/he lacks intelligence and understanding. S/he has the potential to learn and make right choices. But the cunning diplocrite does the wrong thing with full knowledge and understanding of the wrongfulness of his/her acts. S/he is unteachable and incorrigible. No one knows more about the difference between right and wrong than diplocrites, yet they do wrong because they don’t give a _ _ _ _!
The U.S. has been practicing diplocrisy in Ethiopia for the past two decades. It has propped up the regime of Meles Zenawi with billions of dollars of “development” and “humanitarian” aid while filling the stomachs of starving Ethiopians with empty words and emptier promises. Since 1991, the West in general has provided Meles’ regime nearly $30 billion in aid. In 2008 alone, $3 billion in international aid was delivered on a silver platter to Meles, more than any other nation in sub-Saharan Africa. In March 2011, Howard Taylor, head of the British aid program declared Ethiopia will receive $2 billion in British development assistance. In 2010, the EU delivered £152m to Meles Zenawi.
In December 2010, Human Rights Watch called on the Development Assistance Group (DAG), a coordinating body of 26 foreign donor institutions for Ethiopia to “independently investigate allegations that the Ethiopian government is using development aid for state repression.” In July 2010, a DAG-commissioned study issued a whitewash denying all allegations of improper use of aid. In August 2011, the Bureau of Investigative Journalism and the BBC reported the “Ethiopian government is using millions of pounds of international aid to punish their political opponents.” The report presented compelling evidence of how “aid is being used as a weapon of oppression propping up the government of Meles Zenawi.” Despite numerous documented reports of aid abuse and misuse, Western leaders and governments continue to hide behind a policy of plausible deniability and the massaged and embellished reports of swarms faceless international poverty-mongers creeping invisibly in Ethiopia.
The Center for Global Development in its comprehensive 2012 report cautioned, “The United States could be making a dangerous long-term bet with its assistance dollars by placing so little emphasis on governance in Ethiopia”, and US policymakers should temper their expectations for future development prospects in Ethiopia under the current regime. Sorry, no one is listening at the U.S. State Department, only watching.
Watching truth on the scaffold and wrong on the throne
“America is watching.” But is anybody watching America? The people of Ethiopia are watching America asking, “Is America watching? Watching what?”
The powerful don’t believe the powerless are watching them because they equate powerlessness with blindness. The powerless do watch because that is all they can do. They watch boots pressing down on their necks. They watch crimes committed against them as they sit helplessly with empty stomachs and hearts filled with terror. When Kerry says, “America is watching”, he should be mindful that Ethiopia’s poor and powerless are watching America with outrage on their faces, sorrow in their hearts and resentment in their minds.
I have watched Ethiopia’s “best and brightest” fall silent, deaf and mute watching truth on the scaffold and wrong on the throne. They have been watching the scaffold and throne like bystanders watching a crime scene — horrified, terrified and petrified. Perhaps they should heed Dietrich Bonhoeffer’s counsel, “Silence in the face of evil is itself evil. Not to speak is to speak. Not to act is to act.”
But if Robert Lowell is right, it does not matter who is watching silently, watching peekaboo style, watching by turning a blind eye, watching for the sake of watching or not watching at all, because there is One who standing within the shadow watches the watchers, the watched and the unwatched:
Truth forever on the scaffold, Wrong forever on the throne,— Yet that scaffold sways the future, and, behind the dim unknown, Standeth God within the shadow, keeping watch above his own.
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
እርግጥ ንክሩማህ ስለ ፓን አፍሪካኒዝም ንቁ ተሟጋች መሆናቸው ባይካድም፤ ለፓን አፍሪካኒዝም ግን አንድም ግጥም አላበረከተም፡፡ አፍሪካ ስለአፍሪካ ብሩህ እሳቤ ያለው ቢሆንም ለአፍሪካ ግጥም አላሰፈረም፡፡ ንክሩማህ ፓን አፍሪካኒዝምንና አፍሪካ ይወድ ነበር፤ለኢትዮጵያ ግን የበረታ ፍቅር ነበረው፡፡ለዚህም ነው በምስረታው ወቅት በመዝጊያው ላይ ባደረገው ንግግሩ ላይ ስለኢትዮጵያ ግጥም ጀባ አለ፡፡ ከዓለም መሪዎች መሃል ለኢትዮጵያ ታሪካዊነትና ግንባር ቀደምትነት፤ ስለ ሕዝቦቿ መስተንግዶ የጻፈ ብቸኛ መሪ ንክሩማ ነው፡፡
HI.M. Haile Selassie (C) and Ghana’s first President Kwame Nkrumah (L) at the OAU (1963)
House cleaning or window dressing?
Educorruption and the miseducation of Ethiopian youth
America is Watching!?