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Rumors about Meles Zenawi’s health engulf Addis

The health and whereabouts of Ethiopian Prime Minister Meles Zenawi have become a subject of  much speculation.  The situation appears to border on panic, especially among regime loyalists. Addis Fortune, an otherwise compliant pro-government  business publication chimes in with its own concerns.

Addis Fortune, July 8, 2012

Not surprisingly, and for obvious reasons, the health and well-being of Prime Minister Meles Zenawi have been the subject of intense discussion among members of the public. This came following photos released recently while he was in Mexico, where he was attending a summit by leaders of the group of 20 major economies (G20), and subsequent TV footage showing him receiving Sharif Sheikh Ahmed of Somalia’s transitional government.

In both images that the public was exposed to, it was clear that the Prime Minister had lost weight and visibly. With speculations wide and persistent, the source of his weight loss was thought by many to be due to failing health.

Such a public perception was only fed by his absence from the public’s view over the past two weeks and was intensified because Parliament has still not gone on recess for the summer, even although the country’s official fiscal year came to an end on Saturday, July 8, 2012. What Parliament was, rather, scheduled to discuss on this day was issues such as approving the minutes from its 43rd session, ratifying a bill on national IDs, and giving recognition to a team of surgeons who successfully conducted an unusual surgery on a child.

MPs have yet to accomplish two of the most important tasks in the year. Listening to the Prime Minister’s address to Parliament on the state of the federation during the just-concluded fiscal year and voting on his report as well as ratifying the federal budget’s bill for the fiscal year that just began, which was approved by the Council of Ministers four weeks ago. Gossip sees that neither of these can take place in the absence of the Prime Minister, indeed, unless, of course, there is a situation that dictates otherwise.

At the heart of all of this lies the issue of whether there is a health challenge that Meles is facing that prohibits him from conducting his official duties. The administration, through its spokesperson, Shimelis Kemal, state minister for the Government Communications Affairs Office, vehemently denied rumours that the Prime Minister has been ill. Some close to the Prime Minister have similar views and attribute his recent loss of weight to a diet that he might have started lately.

Coincidentally, it was at a time of such uncertainty that senior officials at the Ministry of Finance & Economic Development (MoFED) instructed, last week, a recall of letters copied to various federal offices in relation to settling medical bills paid on behalf of the Prime Minister, gossip claims. Meles was in London last year for an official visit, where he had a routine check-up, claims gossip.

The way that such bills get settled through the bureaucratic paper trail is for the Prime Minister’s Office to write a letter of request to the MoFED, upon which the latter transfers the funds to the Ministry of Foreign Affairs (MoFA), which actually undertakes the payment, according to gossip. Such was what the Prime Minister’s Office did to see that the medical bills for the London check-up were settled almost a year after, gossip claims. Accordingly, the guys at the MoFED have already transferred the money to the foreign office, disclosed gossip.

Nonetheless, for reasons not explained, the paper trails circulating within the various federal agencies in order to process the request have been recalled, claims gossip. A couple of days last week were spent on such an effort, fueling a new cycle of speculations on the well-being of the Prime Minister, according to gossip.

It looks like there is a lot more that the administration’s spin-doctors need to do on the public relations front to reassure an otherwise alarmed bureaucracy and public, before the grapevine spins things out of control, those at the gossip corridors agree.

No doubt that he has been outside of the country much of last week; whether that was for recovery due to exhaustion  –  and for skipping a couple of checkups last year – or something else, gossip disclosed. Nonetheless, some at the diplomatic corridor claim that he is now in a very good health, expected to have been back to Addis Abeba on Saturday night.

If, indeed, the Prime Minister was sick and is now recovering, there should be no reason to keep the public in the dark about the health of their leader, many at the gossip corridor agree.

Ethiopia in BondAid?


Alemayehu G. Mariam

“Bondage” is the state of being bound by or subjected to some external power or control. When people are bound by debt, they are in “debt bondage”. When they are held in involuntary servitude, they are in “bondage slavery”. Before much of Africa became “independent” in the 1960s, Africans were held under the yoke of “colonial bondage”. “International aid” addiction has transformed Africa’s colonial bondage into neo-colonial bondaid. Could it be reasonably argued that Africans are sinking deeper and deeper into a quicksand of “bondaid” (to coin a new word) in the second decade of 21st Century?

In 1989, Graham Hancock wrote the “Lords of Poverty” scrutinizing the international aid “industry” including U.N. agencies, USAID, the World Bank and the IMF. His withering criticism infuriated many in the “international aid bureaucracies”. But his incisive analysis could not be easily dismissed. His basic argument is that international aid “has financed the creation of monstrous projects that, at vast expense, have devastated the environment and ruined lives; it has supported and legitimised brutal tyrannies; it has facilitated the emergence of fantastical and Byzantine bureaucracies staffed by legions of self-serving hypocrites…” It is a “a waste of time and money” and harmful to poor recipient countries ($60 billion in 1989). “Aid is not bad because it is sometimes misused, corrupt, or crass; rather, it is inherently bad, bad to the bone, and utterly beyond reform…. It is possibly the most formidable obstacle to the productive endeavors of the poor. It is also a denial of their potential, and a patronising insult to their unique, unrecognised abilities.”

Hancock views “international aid” as an elaborate “game” in which “public money levied in taxes from the poor of the rich countries is transferred in the form of ‘foreign aid’ to the rich in the poor countries; the rich in the poor countries then hand it back for safe-keeping to the rich in the rich countries.” He debunks the myth that “international aid works” and “must not be stopped because the poor could not survive without it.” He argues that “if the statement that ‘aid works’ is true, then presumably the poor should be in a much better shape than they were before they first began to receive it half a century ago. If so, then aid’s job should by now be nearly over and it ought to be possible to begin a gradual withdrawal without hurting anyone.”

The message of Hancok’s analysis is that the lords of poverty make up an invisible army of faceless, nameless, heartless, thoughtless, merciless, gutless,  clueless, conscienceless and feckless “international civil servants, development experts, consultants and assorted freeloaders” unleashed on Africa to perpetuate and sustain a culture of poverty and beggary. Hancock points out

… the ugly reality is that most poor people in most poor countries most of the time never receive or even make contact with aid in any tangible shape or form: whether is it present or absent, increased or decreased, are thus issues that are simply irrelevant to the ways in which they conduct their daily lives. After the multi-billion-dollar ‘financial flows’ involved have been shaken through the sieve of over-priced and irrelevant goods that must be bought in the donor countries, filtered again in the deep pockets of hundreds of thousands of foreign experts and aid agency staff, skimmed off by dishonest commission agents, and stolen by corrupt Ministers and Presidents, there is really very little left to go around. This little, furthermore, is then used thoughtlessly, or maliciously, or irresponsibly by those in power — who have no mandate from the poor, who do not consult with them and who are utterly indifferent to their fate. Small wonder, then, that the effects of aid are so often vicious and destructive for the most vulnerable members of human society.

A decade later in 2009, Dambissa Moyo, echoed similar views: “Aid is an unmitigated political, economic and humanitarian disaster…. Over the past 60 years at least $1 trillion of development-related aid has been transferred from rich countries to Africa. Yet real per-capita income today is lower than it was in the 1970s, and more than 50% of the population — over 350 million people — live on less than a dollar a day, a figure that has nearly doubled in two decades…”

Hancock indicts the international aid industry as unaccountable, smug, detached, self-aggrandizing and paternalistic:

… At every level in the structure of almost all our most important aid-giving organisations, we have installed a tribe of highly paid men and women who are irredeemably out of touch with the day-to-day realities of the … underdevelopment which they are supposed to be working to alleviate. The over-compensated aid bureaucrats demand — and get — a standard of living often far better than that which they could aspire to if they were working, for example, in industry or commerce in the home countries. At the same time, however, their achievements and performance are in no way subjected to the same exacting and competitive processes of evaluation that are considered normal in business. Precisely because their professional field is ‘humanitarianism’ rather than, say, ‘sales’, or ‘production’ or ‘engineering’, they are rarely required to demonstrate and validate their worth in quantitative, measurable ways. Surrounding themselves with the mystifying jargon of their trade, these lords of poverty are the druids of the modern era wielding enormous power that is accountable to no one…

BondAid: “Legitimizing Brutal Tyranny in Ethiopia”?

usaidMy reference to Hancock’s book above is not merely academic. I have been following  reports on therecently announced $1.54 billion USAID assistance program in Ethiopia  and studying other USAID reports on Ethiopia in light of Hancock’s arguments or hypotheses on the role of “international aid” in “legitimizing brutal tyrannies in Africa”. Is there an unhealthy bonding between dictators and donors?

Thomas Staal, the USAID Mission Director in Ethiopia, said the $1.5 billion assistance program “will transform our relationship with Ethiopia from one of assistance to one of economic and social cooperation, trade and investment.” In 2011-2012, “USAID assistance grants to Ethiopia will total USD 675 million” and support four specific priority objectives, including “education, health, agriculture and good governance”.

The fourth objective of “strengthen[ing] good governance practices for improved social accountability and conflict mitigation in programs in every sector” is the focal issue here. Could the $1.54 billion in USAID assistance serve to legitimize the brutal tyranny of Meles Zenawi and undermine the establishment of “good governance” in Ethiopia?

In an interview Stall gave before his reassignment to Bagdad, Iraq last week, he made the stunning admission that “with respect to political participation, we have not done a good job. Specifically, with respect to the election that took place two years ago, we have not done much to promote democracy. Customarily, USAID in various countries engages in election education with non-governmental organizations. It works to empower all political parties  without preference. We support the local media to analyze elections and give information to the voters. But all these things are prohibited in [Ethiopia]. This is a hard situation that causes us to despair. We will try to talk to the government authorities…” (Frankly, one could get the “government authorities” to listen good and hard by practicing the old saying, “money talks and… walks.”)

In March 2012, USAID Ethiopia published a 72-page Country Development Cooperation Strategy (CDCS) (2011-2015) report entitled“Accelerating the Transformation Toward Prosperity”. The following excerpts from the CDCS report are offered below to the reader to undertake a preliminary evaluation of Hancock’s hypothesis on the relationship between  “international aid” and the legitimization of tyranny, particularly in Ethiopia.

… After the shock of the relatively free elections in 2005, in which the EPRDF drastically overestimated its popularity, much democratic ground has been lost.  Subsequently, the opposition groups were divided and crushed, and the size and control of the ruling party was increased immensely.  Legislation was introduced to limit and control the space for civil society and media, and wide powers of arrest were included in the “anti-terrorist” legislation.  In 2010 the ruling party “won” 99.6% of the Parliamentary seats… (p. 8.) Limited political space, crushed opposition, 99.6 per cent win of parliamentary seats in 2010, wide powers of arrest and still pouring in $1.5 billion in aid? $3.8 billion in total development assistance in 2009?

… In the areas of democracy, governance, and conflict resolution, USAID is already working well with the Ministry of Federal Affairs (MoFA) on conflict management, mitigation and reconciliation issues,…  Now that the May 2010 elections are over, there is an apparent relaxation of political harassment, and a major opposition detainee has been released… (pp. 11-12.)  Apparent relaxation of political harassment? A major opposition detainee released? Forgot the thousands of political prisoners, hundreds of journalists, dissidents and opposition leaders rotting in Zenawi’s dungeons?  

The strong donor consultation and coordination on the critical issues of democracy and governance has not always resulted in a willingness to take a strong, united stance against clear abuses of constitutional commitments, legislation, or democratic processes.  The DAG [Development Assistance Group] includes the World Bank, UNDP, DFID, CIDA, UNICEF, EU, SIDA, Ireland and Germany among others… (p. 13.) No willingness to take strong, united stance against clear abuses of constitutional commitments because…?? Say what!?!

(In October 2010, I wrote a weekly commentary entitled, “Feed Them and Bleed Them”  and observed, “Huddled together in DAG-istan, the poverty pimps have collectively resolved to continue to do their usual aid business in Ethiopia because “broad economic progress outweighs individual political freedoms”.)

… Largely as a result of USAID support, first state and local governments and finally national level institutions (particularly the Ministry of Federal Affairs) are abandoning inclinations to respond to local conflict primarily through security forces, and are increasingly developing and applying capacities to assist conflicted communities with local government support to negotiate and consolidate local peace agreements and ensure that their own administrative actions at a minimum “do no harm.” …On the practical side, the GOE is making progress through the gradual rolling out of its “good governance” trainings around the country…” (p. 55.)  Excuse me, but is “good governance training” for brutish dictators the same as obedience training for vicious dogs?

… The donor community is torn between the competing objectives of engaging with and assisting Ethiopia as a high profile example of poverty and vulnerability to famine, and addressing the major challenges and constraints to democratic space, human rights abuses, and severe restrictions on civil society and constitutionally guaranteed freedoms of speech, association and access to information. The GOE does not make this any easier, waveringbetween seductive and sophisticated rhetoric on development and economic topics on the one hand, and political repression, state dominance over the economy, and outright downplaying of humanitarian emergencies on the other hand.  Added to this double-edged sword is the GOE‟s extreme sensitivity to any direct or even implied criticism, and its willingness to actively punish the criticizer, including members of the international community… (p. 53.)  Ah! Beware the seductive and sophisticated rhetoric of the silver- tongued devil with an angelic voice, as Shakespeare might have cautioned.

… In the absence of competitive elections and other democratic processes, governance that is responsive to the aspirations and needs of its citizens and the knowledge and perspectives of stakeholders provides an important alternative release mechanism for political frustrations that have no other constructive outlet… Ethiopia’s new five year GTP [Growth and Transformation Plan] contains explicit commitments and targets to improve governance.  However, traditions, capacities and resources to conceptualize and implement bottom-up accountability are lacking in a country where good governance was not a high priority during the imperial and communist periods and is only becoming a priority but constrained within the ideology of Revolutionary Democracy… (p. 58.)  After 21 years of Zenawi’s iron-fisted rule, still blaming H.I.M. Haile Selassie and the Derg  for the withering of democracy in Ethiopia? Give me a break!

…Understanding that faith in the efficiency and impartiality of the justice system is a key factor in the risk calculations that govern investment decisions by the private sector, individuals and donors,… Another concern is that politically favored businesses or sectors are able to leapfrog over methodical and inclusive planning processes and legally required contracting proceduresExpectations are more modest here, recognizing that the system itself is thoroughly under the control of the ruling party. The Mission will develop programs that promote the rule of law for sustainable development practices… (p. 59.)  Modest expectations for justice and democracy because the system itself is thoroughly under the control of the ruling party! Heard that!

… USAID/Ethiopia recognizes that there is no policy space to conduct programs focused on competitive electionsInstead, the Mission will focus primarily on tackling the deeper issues of governance by aligning its focus with the achievement of the OE’s GTP sustainable development goals and commitments to improve accountable governance and conflict reduction… (p. 61.)  So reward dictatorship with more money, mo’ money  and mo’ money?

With the increasing ‘land giveaways’ to private, foreign agricultural investors, policy efforts will be undertaken… to support land use planning and natural resource management thatavoids displacement of existing communities and helps ensure balanced development… (p. 19.) Increasing ‘land giveaways’ to private, foreign agricultural investors! Heard that!

Back to 2004: The Good Old Days of Telling It Like It Is!

In 2004, USAID issued its CDCS  entitled “Breaking the Cycle of Food Crises: Famine Prevention in Ethiopia.” Andrew S. Natsios was the Administrator of USAID at the time. Here is an excerpt from that report:

… Ethiopia does not stand at this precipice of food insecurity and instability alone. And, it did not get there by itself. Ethiopia, its neighbors and its development partners have collectively failed to break the downward spiral of hunger, poverty and recurring food crises, which is a critical first step in improving the health and economic conditions of present and future generations of Ethiopians…. [S]uccessfully addressing this challenge will require Ethiopian leadership, commitment and the will to change.Evidence on Ethiopia’s performance is compelling and clear. The country has performed badly over the years, even relative to most other African countries, and to East Africa specifically. Gross per capita incomes are a fifth of the African average, declining about 40% between 1990 and 2000 ($160–$100), relative to a smaller decline of 13% for sub Saharan Africa. The poor performance of the economy is not due to drought, but results from the weak economic policies of the country over a sustained period—characterized by low rates of investment in economic  growth and agriculture  by both government and the commercial private sector, low levels of capacity, and low rates of agricultural and nonagricultural growth. In turn poor economic performance has led to worsening social standardsand created an increasingly fragile state that lacks the resiliency to manage through shocks (environmental, economic, political) that induce crises… (p. 5.)

In May 2012, Rajiv Shah, the current USAID Administrator moderated the G8 Food Security Summit in Washington, D.C. In his ingratiating introductory remarks to Zenawi, (grandiosely stroking Zenawi’s ego) and using the usual “mystifying jargon” of the international aid industry, Shah inquired:

… So many people have associated a mental image of hunger with Ethiopia and at the same time because of actions in the public sector maintaining strong public investment in agriculture you were able to protect millions of Ethiopians during the recent drought from needing food aid and food assistance.  Could you speak to, even as we are launching a new food alliance, to engage the private sector, could you speak to some of the comments you have shared with us privately how important it is we live to our commitments to invest in public investment, in public institutions?

Meles was speechless!

Ethiopia has been the recipient of all kinds of aid from the U.S. over the decades. She has received “economic aid”, “development aid”, “military aid”, “technical aid”, “emergency aid”, “relief aid”, “humanitarian aid” and aid against AIDS. She has also received “BandAid” and “LiveAid” from others. Today, Ethiopians are afraid. They ask, “Is Ethiopia  permanently trapped in “bondaid!?!” They pray for deliverance from the twin Lords of Tyranny and Poverty!

Postscript

In all of Africa, USAID arguably has the largest aid program in Ethiopia. There are some who are skeptical about USAID’s claims of program effectiveness in Ethiopia. One can fairly judge the efficacy of USAID programs and the credibility of its asserted achievements in Ethiopia when the facts and data are made available for critical analysis and evaluation by intra-institutional authorities and other concerned communities. Unfortunately, facts and data appear to be the Achilles Heel of USAID/Ethiopia. This issue was  made clear to USAID mission director Staal in 2010 by the Regional Inspector of the U.S. State Department Office of the Inspector General in his “Audit of USAID/Ethiopia’s Agricultural Sector Productivity Activities (Audit Report No. 4-6663-10-003-P (March 30, 2010)”. In that Report, the regional inspector informed Staal:

…The audit found the program is contributing to the achievement of market-led economic growth and the improved resilience of farmers, pastoralists, and other beneficiaries in Ethiopia. However, it is not possible to determine the extent of that contribution because of weaknesses in the mission’s performance management and reporting system. Specifically, while the mission used performance indicators and targets to track progress in several areas…, the results reported for the majority of those indicators were not comparable with the targets. Moreover, the audit was unable to determine whether the results reported in USAID/Ethiopia’s Performance Plan and Report were valid because mission staff could neither explain how the results were derived nor provide support for those reported results. In fact,when the audit team attempted to validate the reported results, it was unable to do so at either the mission or its implementing partners (pages 6-12)…

While some may rely on intuitive analysis and inferences from anecdotes to draw conclusions about USAID/Ethiopia, I much prefer evidence-based policy analysis. Hopefully, that body of evidence will be made readily available not only to dispel doubts, discredit rumors and enlighten critics of  USAID/Ethiopia, but most importantly, to enhance and reinforce “the growing emphasis within USAID on transparency, accountability, and results.”

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

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

http://ethioforum.org/?cat=24  

Previous commentaries by the author are available at:

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

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

 

The Free Press in Ethiopia’s Kangaroo Kourts

Alemayehu G Mariam

kangctThe Triumph of Lies

Over the past six years, I have written numerous columns defending press freedom in Ethiopia. In a 2009 commentary entitled, “The Art of War on Ethiopia’s Independent Press”, I expressed astonishment over the heavy handed treatment of the free press: “Use a sledgehammer to smash a butterfly! That is the exquisite art of war unleashed on Ethiopia’s independent press by the dictatorship of Meles Zenawi today.”

In a 2007 column entitled “Monkey Trial in Kangaroo Kourt“, I wrote about the Kafkaesque use of the courts by the dictatorship in Ethiopia to crush dissent and suppress criticism. Franz Kafka’s famous novel, The Trial, begins with the sentence, “Someone must have been telling lies about Joseph K., for without having done anything wrong he was arrested one fine morning.” K., is ordered to stand trial before know-nothing judges who do the bidding of their invisible puppet masters. K’s guilt is a foregone conclusion. Everything about the trial is a secret — the charges, the court procedures and the judges. K cannot defend himself because he is never told what crimes he has committed. He is denied access to the evidence against him. K’s trial is delayed time and again. His lawyer is unable to help him in a system where there is neither law nor procedure.

Such is the stark portrait of Zenawi’s prosecution and conviction of journalists, dissidents and opposition political leaders in his Kafkaesque Kangaroo Kourts in Ethiopia (KKK) today.  He uses lies, damned lies and loathsome lies as evidence to convict opponents and those who disagree with him under his cut-and-paste anti-terrorism law.  To add political drama and add insult to injury, “sentencing” is scheduled for mid-July.

Human Rights Watch documented that the “convictions” last week, together with others over the past six months, “bring the total known number of individuals convicted of terrorism-related charges to 34, including 11 journalists, at least 4 opposition supporters and 19 others.” Zenawi can now beat his chest in triumph and do a few victory laps for “convicting” Eskinder Nega, Reeyot Alemu, Woubshet Taye, Swedish journalists Martin Schibbye and Johan Persson, and opposition party leaders and dissdents Andualem Arage, Nathnael Mekonnen, Mitiku Damte, Yeshiwas Yehunalem, Kinfemichael Debebe, Andualem Ayalew, Nathnael Mekonnen, Yohannes Terefe, Zerihun Gebre-Egziabher and many others.

None of this is new even to the casual observer. Over the years, Zenawi has been using his KKK to railroad into prison independent journalists, opposition leaders and dissidents. So say the U.S. Government and various international human rights organizations using diplomatic language. The 2010 U.S. State Department Country Reports on Human Rights Practices on Ethiopia concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence.” Human Rights Watch concluded in its 2007 report: “In high-profile cases, [Ethiopian] courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.”

Condemnation of the KKK  Verdicts

There has been an outpuring of condemnation against the KKK verdicts and demands for the immediate release of the “convicted” journalists and others from various soruces. The Committee to Protect Journalists issued a statement asserting that “The Ethiopian government has once again succeeded in misusing the law to silence critical and independent reporting. Ethiopia will not hesitate to punish a probing press by imprisoning journalists or pushing them into exile.” Human Rights Watch expressed dismay: “This case shows that Ethiopia’s government will not tolerate even the mildest criticism. The use of draconian laws and trumped-up charges to crack down on free speech and peaceful dissent makes a mockery of the rule of law.” Amnesty International condemned the “trumped up” charges and declared: “This is a dark day for justice in Ethiopia, where freedom of expression is being systematically destroyed by a government targeting any dissenting voice. The verdict seemed to be a foregone conclusion.”

U.S. ambassador to Ethiopia, Donald Booth said, “I find the convictions of predominantly journalists and politicians raises questions about the compatibility of the anti-terrorism law with constitutional guarantees for freedom of expression.” According to the Embassy’s posted statement: “The arrest of journalists has a chilling effect on the media and on the right to freedom of expression. We have made clear in our ongoing human rights dialogue with the Ethiopian government that freedom of expression and freedom of the media are fundamental elements of a democratic society. A U.S. State Department spokesman explained that even though the U.S. works with the regime in Ethiopia “on certain things, you can be straight with them when you disagree with their policies in other areas, as we always are with Ethiopia with regard to press freedom.”

U.S. Senator Patrick Leahy, who two weeks ago in his statement in the Congressional Record,  noted that the ruling regime in Ethiopia has made it impossible for “journalists like Eskinder Nega to do their work of reporting and peaceful political participation”, issued a strongly worded press release condemning the travesty of justice:

The Ethiopian Government’s use of vague anti-terrorism laws to silence the press has been widely and rightly condemned.  The conviction of Eskinder Nega and other journalists, who are accused of nothing more than the peaceful exercise of rights clearly recognized under international law, is the work of a regime that fears the democratic aspirations of its own people.  Over the years, United States administrations have provided Prime Minister Meles a veneer of legitimacy due to our shared interest in countering real terrorist threats, but he has exploited the relationship for his own political ends.  It is time to put the values and principles that distinguish us from terrorists, above aid to a government that misuses its institutions to silence its critics.

Eskinder and Andualem, Invictius!

Unlike Kafka’s Joseph K. who met his end helplessly bleating out the words, “like a dog”, Eskinder and Andualem returned to their prison cells like two roaring lions sauntering to their cages. (I say, one caged lion commands more respect than a thousand free hyenas.) They knew long ago that their “conviction” was inevitable and a foregone conclusion. No journalist, dissident or opposition party leaders has ever been found not guilty by Zenawi’s KKK.  Eskinder Nega, a man whose name is synonymous with the word dignity and the irrepressible symbol of press freedom not only in Ethiopia but throughout the world,  had a few words of wisdom to share with the unprincipled hacks in robes: “I have struggled for peaceful democracy, and I have never disrespected any individual and I didn’t commit a crime. My conscience is clear.” The hacks tried to silence him, but as always Eskinder spoke truth to power: “You have to stand for justice, you have to allow us to say what we want… you have no right to limit our freedom of speech.”

Recently, a who’s who of world-renowned journalists who have themselves suffered at the hands of dictatorships came together to express their “extremely strong condemnation of the Ethiopian government’s decision to jail journalist Eskinder Nega on terrorism charges” and demanded his immediate release. This past April, I struggled to find the right words to honor my personal hero:

Eskinder is a hero of a special kind. He is a hero who fights with nothing more than ideas and the truth. He slays falsehoods with the sword of truth. He chases bad ideas with good ones. Armed only with a pen, Eskinder fights despair with hope; fear with courage; anger with reason; arrogance with humility; ignorance with knowledge; intolerance with forbearance; oppression with perseverance; doubt with trust and cruelty with compassion.

It is a crying shame that Eskinder, who is a hero to so many heroes of press freedom throughout the world, should be judged by an unholy trinity of benighted, scheming and pusillanimous judicial puppets.

Andualem Aragie, the dynamic and courageous young opposition leader was defiant and unbowed:

The last six months that we have spent are days when the people of Ethiopia have struggled for their human dignity and human rights. But the people have not been fortunate enough to enjoy their democratic rights. In my generation, I have tried to struggle to the best of my ability for my children and for all the people of Ethiopia. In doing so, I did not start with malice [or ill will]. In doing so, I did not commit a crime. In doing so, I did not aim to undermine the interests of my poor country. In what I have done, I do not believe I have offended my Creator, the people of Ethiopia or my own conscience. I am in total peace. Why I am standing here is because of my yearning for freedom. This is not the first time that I have sought justice in Ethiopian courts and been denied jusitce. I will not ask for mercy [from this court] for I have committed no crime. I will graciously drink from the cup of oppression my persecutors have prepared for me for my conscience will not allow me to do anything else.

Why Does Zenawi Persecute and Prosecute the Free Press and Dissidents?

Why does Zenawi go through hell and high water to crush the few struggling independent newspapers, dissidents and opposition leaders  in the country? Why does he shutter newspapers that have a circulation of just a few thousand copies when he owns ALL of the printing presses and radio and television media in the country? What is he afraid of?

The answer is simple: The Truth! Zenawi can’t handle the truth. He hates the independent press because it reflects the corruption, repression and oppression of his regime. He fears criticism and genuine expression of public opinion because he does not want to see his reflection in the true mirror of the peoples’ eyes. He much prefers to wallow in his own delusional, imaginary and virtual image of the “Great Leader of the Renaissance” reflected in the glazed and bulging eyes of his Yes-men. But as the recent history of the “Arab Spring” has shown, dictatorships are like castles built of sand which dissolve and are washed away when struck by a single sweep of the ocean’s wave. Regardless of how long dictators keep cracking down on the free press and terrorize the people, in the end they are always swept and vacuumed into the dustbin of history by the tornadic force of the people’s fury. Think of it, always!

The War on the Free Press Will Continue…

Zenawi’s war on the free press will continue because his war is on truth itself. The war has now been declared on Feteh, the only remaining independent weekly newspaper in Ethiopia. In an amateurish dirty trick, the regime’s security department circulated a fake email message linking Temesgen Desalegn, the Editor-in-chief of Feteh, with al-Shabaab, the Somali terrorist group.  The pathetically fabricated email supposedly sent by an al-Shebaab operative to Temesgen and intercepted by security officials claims:

It has to be remembered that AlShebab has assigned me secretly to  make propagation activities in Ethiopia, Somaliland, Kenya and Uganda. To accomplish the task we have agreed with you through your representative Ato Mamush Sentie in Eritrea to publish propaganda articles against the Ethiopian government, against the interest of the Ethiopian people and the American government…”

Give us a break!

But we have seen it all before. Zenawi’s MO goes through three stages. First, he demonizes his adversaries. Then he criminalizes them. In the third stage, he dehumanizes them.That is how he did it to Eskinder Nega, Andualem Aragie, Dawit Kebede and so many others.

Temesgen and Feteh are now undergoing the demonization stage. In a few weeks or less, a full scale campaign will be waged against them in the regime owned media. They will be called “terrorists”, “insurrectionists”, “agitators”, “foreign agents” “spies” and whatever else the dirty tricks department can manage to fabricate. There will be frenzied “calls” to the regime from “ordinary citizens” to take action against them.

The criminalization stage will begin in a couple of months or less with a videotaped arrest of Temesgen and possibly other Feteh members in the street in much the same way as they did Eskinder Nega and Andualem Aragie. (Someone must really enjoy watching the videotape of those arrests.Eskinder’s official captors videotaped the whole arrest and laughed boisterously as Eskinder’s traumatized six year old child cried his eyes out for his daddy.)

Then, the dehumanization stage takes place in jail as they await “trial” in the KKK — torture and beatings, denial of medical care, denial of family visits, daily insults, humiliation and degradation, solitary confinement and on and on. In the end, there will be a show KKK trial for Temesgen Desalegn et al with ambassadors, representatives of international organizations and family members sitting in the gallery. The verdict and sentnece will be the same as always: Guilty, guilty, guilty… 15 years at hard labor… 20 years at hard labor… life in prison…

It is all so pathetically predictable.

Losing the Battle, Winning the War

This is the unfinished story of the war on the independent free press in Ethiopia, and the victors and the victims in that war. The final struggle between the dictators who wield swords and the journalists who wield pens, pencils and computer keyboards will be decided in a war for the hearts and minds of the Ethiopian people. I have no doubts whatsoever that the outcome of that war is foreordained. In fact, I believe that war has already been won. For as Edward Bulwer-Lytton penned in his verse, in the war between swordholders and penholders, final victory always goes to the penholders:

‘True, This! –
Beneath the rule of men entirely great,
The pen is mightier than the sword. Behold
The arch-enchanters wand! – itself a nothing! –
But taking sorcery from the master-hand
To paralyze the Caesars, and to strike
The loud earth breathless! – Take away the sword –
States can be saved without it!’

But if the paramount question is to save the Ethiopian state or to save Ethiopia’s free press, I would, as Thomas Jefferson said, save the latter: “The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.” Description: https://mail.google.com/mail/u/0/images/cleardot.gif

The Actions of Our Enemies, the Silence of Our Friends

Dr. Martin Luther King said, “We will remember not the words of our enemies, but the silence of our friends.” I would add that we will remember and forgive the words and actions of our enemies for they know not what they say and do; but the cowardice, indifference, apathy, disinterest and cold neutrality of our friends who know or should know better but stand in the face of evil with their heads bowed, eyes closed, ears plugged and lips muted, we can neither forgive nor forget!!!

I believe nothing is more important and uplifting to political prisoners than knowledge of the fact that they are not forgotten, abandoned and forsaken by their compatriots. We must stand with Eskinder Nega, Andualem Aragie, Reeyot Alemu, Woubshet Taye and the countless political prisoners in Ethiopia. Every day, they are beaten down and brought to their knees. We cannot hear their whimpers of pain and the silence of their desperation. Because they have no voice, we must be their voices and speak on their behalf. Because they are walled behind filthy prisons, we must unfailingly remind the world of their subhuman existence.

We must all labor for the cause of Ethiopian political prisoners not because it is easy or fashionable, but because it is ethical, honorable, right and just. In the end, what will make the difference for the future of Ethiopia is not the brutality, barbarity, bestiality and inhumanity of its corrupt dictators, but the humanity, dignity, adaptability, audacity, empathy and compassion of ordinary Ethiopians for their wrongfully imprisoned and long-suffering compatriots. That is why we must join hands and work tirelessly to free all political prisoners in Ethiopia.

FREE ALL POLITICAL PRISONERS IN ETHIOPIA! 

FREE THE FREE PRESS IN ETHIOPIA!

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

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

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

Previous commentaries by the author are available at:

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

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

 

Andualem Aragie, Eskinder Nega and others convicted

In a blatant miscarriage of justice, a Woyanne Kangaroo court in Ethiopia today found Eskinder Nega and twenty-three other political opponents of the regime guilty on bogus terrorism charges.  The only thing Eskinder Nega and other political prisoners are guilty of is speaking the truth and criticizing the regime for its brazen violations of human rights. Dictator Minister Zenawi is emboldened by the uncritical support he receives from the Obama Administration and other Western leaders.  Consequently, Zenawi is on a rampage to bully his critics and stamp out any semblance of opposition. The world is allowing a serial miscarriage of justice because Zenawi is an ally in the so-called war on terror.

Ethiopia court finds 24 guilty of terrorism
ADDIS ABABA (AFP) — Twenty-four Ethiopians, including a leading opposition figure and a prominent journalist, faced life in prison Wednesday after a court found them guilty on charges of terrorism.

“Guilty as charged,” judge Endeshaw Adane said, referring to journalist Eskinder Nega, opposition member Andualem Arage and 22 others accused of links to US-based group Ginbot 7, considered a terrorist group under Ethiopian law, and other outlawed groups.

Under the anti-terrorism legislation, the defendants face the death sentence, but the prosecutor recommended life sentences for the 24, only eight of whom were present in court.

Both Eskinder and Andualem were found guilty of “participation in a terrorist organisation” and “planning, preparation, conspiracy, incitement and attempt of (a) terrorist act.”

Andualem was also found guilty of serving as a “leader or decision maker of a terrorist organisation.” Another less prominent opposition member was also among the group convicted Wednesday.

Endeshaw said Eskinder abused his freedom of speech and accused him of threatening national security.

“Freedom of speech can be limited when it used to undermine security and not used for the public interest,” he said.

He was arrested last year after publishing articles asking whether the Arab Spring uprisings could have an influence in Ethiopia and questioning the arrests of Ethiopians under the country’s anti-terrorism law.

Five of the defendants, including Eskinder and Andualem, will reappear in court on July 13 to present their mitigating circumstances.

Ethiopia: The Sky(pe) is Falling!

Alemayehu G. Mariam

skyThe Sky is Falling!

Most of my readers know how much I enjoy “bedtime stories”. Recently, I wrote about my favortie bedtime story of Pinocchio in Africa. Ever heard of the story of Chicken Little? One day Chicken Little was scratching around the yard  when something fell on her head. “Oh,” screeched Chicken Little, “The sky is falling. I must go tell the king.”  Chicken Little ran and ran until she met Henny Penny. “Why are you running so fast, Chicken Little?” asked Henny Penny. “Ah, Henny Penny,” said Chicken Little, “the sky is falling, and I must go and tell the king.”  Chicken Little and Henny Penny told the same story to Ducky Daddles, Goosey Loosey, Turkey Lurkey and Foxy Loxy along the way to the king’s house. “I know a shortcut to the palace,” said Foxy Woxy. “Come and follow me.”  But the wicked Foxy Woxy led them right up to the entrance of his foxhole where he planned to dine on the fine feathered friends. Just as they were to enter the hole, they heard the king’s hunting dogs growling and howling. Foxy Woxy ran across the meadows and through the forests with the hounds on his tail. He ran until he was far, far away and never returned.

The story of Chicken Little illustrates the angst, hysteria and paranoia of the ruling regime in Ethiopia.  The sky is always falling whenever dictator Meles Zenawi wants to tighten the screws on news and information reaching the people. In 2010, Zenawi justified electronically jamming Voice of America Amharic broadcasts by making the preposterously outrageous claim that the Voice of America was promoting genocide in Ethiopia: “We have been convinced for many years that in many respects, the VOA Amharic Service has copied the worst practices of radio stations such as Radio Mille Collines of Rwanda in its wanton disregard of minimum ethics of journalism and engaging in destabilizing propaganda.” In other words, the Voice of America is the Voice of Genocide, Rwanda.     In February 2012,  Lebanon’s Telecommunications Minister Nicolas Sehnaoui served a formal complaint on the ruling regime in Ethiopia and demanded an immediate end to the illegal practice of jamming Arabsat transmission of ESAT (Ethiopian Satellite Television) programming.

In the past year, Zenawi has been telling the world that he has caught and jailed some of the most dangerous and wild-eyed terrorists in Ethiopia today, including the incomparable Eskinder Nega, the 2012 winner of the prestigious Pen’s Freedom to Write Award, the indomitable Reeyot Alemu, a young woman journalist who won the 2012  International Women’s Media Foundation Courage in Journalism Award and the intrepid Woubshet Taye, managing editor of the now shuttered Awramba Times. Last week, in his statement in the Congressional Record, U.S. Senator Patrick Leahy noted that the ruling regime in Ethiopia has made it impossible for “journalists like Eskinder Nega to do their work of reporting and peaceful political participation.”

Zenawi has been running in overdrive trying to plug every nook and cranny by which Ethiopians could get news and information from independent sources. According to recent statements of Reporters Without Borders Africa (RWB), “The Ethiopian government is trying to attack every means of information exchange.” Ethiopia’s Chicken Littles are so paranoid that they are now requiring the printing presses over which they have total monopoly to censor  newspapers printed in the country. Last month, Berhanena Selam, the largest regime-owned printer and other smaller printers were “trying to impose political censorship on media content before publication.” In a proposed “standard contract for printing”, these printers claimed they have the right to refuse to print any text if  they determine they have  “adequate reason” it breaks the law. RWB noted, “This [contract] openly contravenes article 29 of the 1994 federal constitution, which guarantees press freedom and bans censorship in any form…. Only an independent and impartial judge should have the power to impose any kind of sanction or prohibition affecting media freedom.” Nice try by RWB, but talking constitutional law to Zenawi and Co., is like preaching Scripture to a gathering of Heathen.

RWB further reported that the regime-owned internet service provider “Ethio-Telecom” had installed a system for blocking access to the Tor network, which allows users to browse and access blocked websites anonymously. According to data published by Tor, the highest number of Tor users in Ethiopia between March and June 2012 peaked at a little over 350 individuals! All of the trouble and expense to block fewer than 400 individuals out of 85 million from anonymously browsing the internet.

The Skype is Falling!

Skype and other internet-based phone call services and social media are popular among a microscopic segment of the  younger set who have access to the internet cafes in the urban areas and affluent types who could afford a personal computer and internet service.  But the number of users of Skype-type services is infinitesimally small and the available internet service in the country is limited, unreliable and retrograde. A 2010 Manchester University’s School of Education study cited in  Freedomhouse’s Freedom on the Internet 2011 report (FFI 2011) found that “accessing an online e-mail account and opening one message took six minutes  in a typical Addis Ababa cybercafe with a broadband connection.” Anyone who has made or received Skype calls to or from Ethiopia knows that it is like pulling teeth, an exercise in self-aggravation. Ethiopia is only second to Sierra Leone Internet for having the least internet penetration at  0.5 percent of that country’s 85 million population. Internet service is “almost entirely absent from rural areas” where 85 percent of the population lives, according to FFI 2011. Similarly, Ethiopia is the only country in Sub-Saharan Africa to impose nationwide, politically motivated internet filtering:

Although Ethiopia is one of Africa’s most populous countries, poor infrastructure and a government monopoly on telecommunications have significantly hindered the expansion of digital media. As a result, Ethiopia has one of the lowest rates of internet and mobile telephone penetration on the continent… The government has responded  by instituting one of the few nationwide filtering systems in Africa, passing laws  to restrict free expression, and attempting to manipulate online media. These efforts have coincided with a broader increase in repression against independent print and broadcast media since the 2005 parliamentary elections, in which opposition parties mustered a relatively strong showing.

Why would Zenawi want to send a citizen to the slammer for 15 years just for making a phone call using a computer phone? Informed commentators suggest that the “telecom fraud law” is motivated by the bottomless greed and consuming paranoia of those who cling to power in Ethiopia like engorged ticks on an African milk cow. Elizabeth Blunt, a former BBC correspondent in Ethiopia, explains that the telecom fraud law is  intended to suppress competition by “Internet cafes [which] may be allowing people to make calls for far less than the cost of Ethiopia telecom, the state’s telecommunications provider that has the monopoly and charges very high prices – and doesn’t want to have its service undermined. But there is also the issue that Skype can’t be listened to so easily and can’t be controlled.” RWB is concerned that the latest paranoia which has caused the regime to “block access to Tor might be the first step towards creating a system that would allow the regime to intercept any email, social network post or VoIP call made in the country.”

The 2012 “Proclamation on Telecom Fraud Offences”

The now widely publicized  “Proclamation on Telecom Fraud Offences” (PTFO) 2012 appears to be in draft form, despite reports to the contrary. The PFTO purportedly repeals provisions in Art. 25 of the Telecommunications Proclamation No. 49/1996 as amended by Proclamation No. 281/2002. But none of that amounts to a hill of beans because there has never been a draft “law” presented to Ethiopia’s rubber stamp parliament that has ever been rejected. Draft or no draft, for the rubber stamp parliament,  Zenawi’s word is law.  The  rubber  stamp parliament will blindly adopt the most nonsensical, illogical, ineffectual and immoral “laws” presented to it by Zenawi. Without a shadow of a doubt, the rubber stamp parliament will unanimously (at least by a margin of 99.6 percent) approve the PTFO . But what the hell is the PTFO?

It appears that the PTFO is another one of those haphazard and slipshod cut-and-paste jobs (similar to the so-called “Anti-Terrorism Proclamation No 652/2009) scarfed from the laws of other countries, arguably the U.S. The patches of vacuous phrases and empty clauses interspersed in the PTFO uncannily mimic certain U.S. anti-wire fraud statutes such as 18 U.S.C §§ 1343 (wire fraud), 1029 (fraud and related activity in connection with access devices) and 1030 (fraud and related activity in connection with computers). The U.S. laws, consistent with the presumption of innocence, require the government to prove knowledge, intent and willful participation of the accused in the fraudulent act or scheme using wires or electronic access devices.

The PTFO is completely oblivious of the most elementary requirements of any criminal law: the concurrence of intent (mens rea) and the commission of the criminal act (actus reus). For instance, under Part Two (2) of the PTFO, “whosoever uses or holds any telecommunications equipment without obtaining prior permit… shall… be punishable with rigorous imprisonment from 1 to 4 years…” Accordingly, “‘telecommunications equipment’ means any apparatus used or intended to be used for telecommunications services, and includes its accessory and software.” Under these tandem provisions, any person who “holds” a mobile phone, a child “holding” a toy Walki-Talkie, or any person who “holds” a laptop bundled by the manufacturer with communications sofware or encoded in the operating system or hardware without license from the Ministry of Communications would be looking at “1-4 years” in the slammer.  (Obviously, those who drafted the “law” are clueless about the evidentiary distinction between “holding” and “possession”.) Arguably, anyone who uses a tin can phone (which is within the PTFO’s definition of “telecommunications equipment” since “electromagnetic” waves vibrate through the string connecting the cans) would be exposed to the same penalty. The PTFO is the kind of law Charles Dickens would have called “an ass, an idiot”.

On its face, the PTFO is a “law” made necessary by the alleged fact that “the legal provisions in the country are not sufficient to prevent and control telecom fraud.” Telecom services includes “cellular mobile service, internet data communication” and other “transmissions or receptions through the agency of electricity or electromagnetism (sic)…” Anyone who “manufactures, assembles, imports any communications equipment without permit” will be sitting in the penitentiary between 10-15 years in prison. Anyone who “uses or holds” such equipment is looking at  1-4 years. Anyone who provides “telecom service without license” will be locked up between 7-15 years. Anyone who “uses telecom network or apparatus to disseminate any terrorizing message connected with a crime with the anti-terrorism proclamation….” faces 3 to 8 years (Art. 6).  Anyone who “obtains any telecom service without payment of lawful charge or by means of fraudulent payment” will be punished by “rigorous imprisonment from 5-10 years.” (Art. 7).  Anyone who “establishes any telecom infrastructure” or “bypasses the telecommunication infrastructure other than the telecommunication infrastructure established by the telecommunication service provider (sic)” is subject to 10-20 years imprisonment (Art. 9). Anyone who “duplicates SIM cards, credit cards, subscriber identification numbers…” faces 10-15 years imprisonment. “Whoever provides telephone call or fax services through the internet commits an offense punishable by 3-8 years.” The person using the service will cool his heels in the clink for up to 2 years. (Art. 10, 10(3)).

Law Making in a Rubber Stamp Parliament

No one should see how sausages, or laws are made in Ethiopia’s rubber stamp parliament. Perhaps that is an overstatement. The fact is that “laws” are not made in Ethiopia’s parliament. They are rubber stamped. That parliament approves “laws” faster than a Chinese factory can crank out a T-shirt.   But rubber stamping the will of one man does not a law make. As Shakespeare said, “Lawless are they that make their wills  their law.”

The PTFO is a pitiful exercise in lawmaking. In substance and form, it is no different than the dozens of “proclamations” that have been approved by the rubber stamp parliament over the past decade. It is arbitrary, capricious, thoughtless, reckless and, and most of all,  pointless. Having studied so many of these “proclamations” over the years, I am amazed and dismayed by what passes as lawmaking in Ethiopia’s parliament.   In one of my recent commentaries on the cut-and paste anti-terrorism law proudly pirated from the laws of other countries, I stated: “I cringe in total embarrassment at such a stunningly shallow understanding of jurisprudence, glib talk about the law and inattention to a glaring logical fallacy in one’s argument.”

The  deficiencies of the PTFO are not limited to lack of legislative purpose, policy substance or logical structure; they also extend to the cavalier, crude and clumsy approach to legislative draftsmanship. On its face, the PFTO is bereft of any elementary sense of proportionality, the simple idea that the punishment should fit the crime. How can any sensible legislator or executive propose to punish a citizen with 15 years hard labor for talking into a computer phone? This is not just inane, it is insane!

Equally important, the PFTO is unsupported by any discernible legislative need or justification. In its preamble, it states that “the legal provisions in the country are not sufficient to prevent and control telecom fraud.” But that claim is completely speculative and unsupported by any factual findings. There are no studies referenced – independent or regime-sponsored – which show the magnitude of the “internet fraud” problem or the alleged threat to “national security” posed by the improper or illegal use of the internet. There is no research or analysis supporting the proclamation. There is no expert testimony to support it and no opportunity has been made available for public comment or input. It is a “law” based purely on fear and smear.

Catching the Real Con Artists, Scammers, Swindlers and Fraudsters

There is plenty of evidence of massive fraud elsewhere that requires immediate and decisive action. Remember the 2008 cat burglars who heisted “USD$16 million dollars”  worth of gold bars and simply walked out of the bank in broad daylight? Although the heist was widely believed to be an inside job and a number of suspects were fingered, no one was ever prosecuted. In 2007 when Ethiopia’s auditor general, Lema Aregaw, reported that Birr 600 million of state funds were missing from the regional coffers, Zenawi fired Lema and publicly defended the regional administrations’ ‘right to burn money.’” The ashes of that “burned money” were never found. In February 2011, Zenawi publicly stated that 10,000 tons of coffee earmarked for exports had simply vanished from the warehouses. He called a meeting of commodities traders and in a videotaped statement told them he will forgive them because “we all have our hands in the disappearance of the coffee”. They drank coffee, sang Kumbaya and went on their merry ways.

Last December,  Global Financial Integrity reported, “Ethiopia, which has a per-capita GDP of just US$365,  lost US$11.7 billion to illicit financial outflows between 2000 and 2009. In 2009, illicit money leaving the economy totaled US$3.26 billion, which is double the amount in each of the two previous years…” Now, there is a gigantic fraud problem crying out for a law and aggressive prosecution. Last month Zenawi mused philosophically, “What is the poison that leaders face when you go to national palaces, and transforms people with vision sometimes into ordinary thieves?  Let’s start with the total amount of loot in Africa, and what our role as leaders in that looting is…” Great question! The man with the “vision of an Ethiopian Renaissance” should have a ready answer. But for the rest of us, a more mundane question is : Why not start the anti-fraud campaign by going after the looters who are looting millions from the national treasury and the army of  looters illicitly laundering billions of looted dollars in foreign banks before hounding nickel and dime internet cafés which survive by  peddling feckless Skype service for pennies?

The PFTO is wrong-headed and mean-spirited. Its sole aim is to suppress all communication technology the regime believes could be used to provide the people access to indepednent sources of information and news. The infinitesimally small number of Skypers use the service to talk to family members and friends abroad. They pose no threat to anyone. The threat of arrest and harassment against perceived opponents is so pervasive that few would hazard to use Skype or similar technology as a means of political agitation.

The PTFO is vague and overbroad, and cannot pass constitutional muster as RWB has suggested.  Many of its provisions are ambiguous, nonsensical, unintelligible and just plain legal gobbledygook. What is a “terrorizing message” under art. 6? Could a ringtone on a mobile phone which rings by announcing, “Meles Zenawi is a dictator!” (as it appears to be a common ringtone among a segment of  mobile phone users in Ethiopia), result in a 15 year sentence for the hapless user? (On second thought, I may have to concede that legal point in light of the sheer “terror” Zenawi displayed at the G-8 Summit in Washington, D.C. last month when he faced the young lionhearted Ethiopian journalist Abebe Gellaw.)

For me, the principal purpose of the law is to protect liberty and establish a just society. But on that point, I shall defer to Shakespeare:

We must not make a scarecrow of the law,

Setting it up to fear the birds of prey,

And let it keep one shape, till custom make it

Their perch and not their terror.

….

For pity is the virtue of the law,

And none but tyrants use it cruelly.

As to the criminalization of Skype, my practical suggestion to Ethiopians wishing to communicate with their families and friends abroad is to quickly learn the arts of using smoke signals, drum beating, pictogram drawing, pigeon flying, ram’s horn blowing and to drill down on the science of  tin can phones and Morse Code. (Oops! Forget Morse Code, it uses “the agency of electricity or electromagnetism”, whatever that is!)

-…  .  -.-  .-    !

 

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

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

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

Previous commentaries by the author are available at:

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

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

How long will West tolerate Ethiopia’s dictator? Graham Peebles

Internet intrusion and increased repression in Ethiopia

By Graham Peebles | Redress.cc

19 June 2012

Graham Peebles views the Meles Zenawi regime’s chronic suppression of the internet and media freedoms in Ethiopia and asks how long will Addis Ababa’s allies in the US, Britain and the European Union tolerate the regime’s flagrant violations of rights enshrined in domestic and international law.

Freedom of speech, freedom of expression and freedom of assembly are basic human rights and are enshrined in the Universal Declaration of Human Rights. It is not for a government – whose function is to serve the people – to decide who or indeed if these freedoms should be allowed. Although etched into the Ethiopian constitution, freedom in its various democratic manifestations remains a fantasy for the people, who are increasingly controlled, inhibited and impoverished. The Ethiopian government under the leadership of Prime Minister Meles Zenawi is imposing ever more stringent and repressive measures of subjugation. If it could it would control and restrict the very air the people breath.

Internet control and privacy

In its latest assault on the human rights of the people, the governing Ethiopian People’s Revolutionary Democratic Front (EPRDF) decreed certain activities on the internet to be illegal. Access to the internet inside Ethiopia is very poor. According to Open Net Initiative (ONI) Ethiopia “has the second lowest internet penetration rate in sub-Saharan Africa (only Sierra Leone’s is lower)… Only 360,000 people had internet access in June 2009, a penetration rate of 0.4 per cent.”

The Ethiopian Telecommunication Corporation (ETC), a government owned and run body, and the Ethiopian Telecommunication Agency (ETA) have exclusive control over internet access in the country. According to the media watchdog Reporters Without Borders (RWB) on 7 June, “Ethiopia’s only ISP [Internet Service Provider], state-owned Ethio-Telecom, has just installed a system for blocking access to the Tor network, which lets users browse anonymously and access blocked websites”. In order to achieve such selective blocking, according to RWB, “Ethio-Telecom must be using Deep Packet Inspection (DPI), an advanced network filtering method” that is used by repressive states, such as China and Iran. This sophisticated system, RWB says, “allows governments to easily target politically sensitive websites and quickly censor any expression of opposition views”.

Internet filtering in Ethiopia has been in place for some years, according to Freedom House. Its report, “Freedom on the Net 2011”, states: “Tests conducted by Freedom House found that in mid-2010 the websites of Freedom House, Human Rights Watch and Amnesty International were inaccessible. In March 2010, Voice of America reported that its website was blocked in Ethiopia.” The BBC reported that in June 2010 emails sent from Ethiopia to the Committee to Protect Journalists were also blocked.

This latest invasion of privacy and restriction of freedoms comes on the back of a new law passed on 24 May which, among other things, bans the use of Voice over the Internet Protocol (VoIP) hardware and software, such as Skype, which enables people to use the internet as the transmission medium for telephone calls, and imposes a penalty of up to 15 years imprisonment for the heinous crime of making a telephone call to a family member or friend.

Internet access, and national and international calls, which have to be made through the state telecommunications provider, the ETC, are extremely expensive. A 2010 study by the International Telecommunication Union (ITU) found that Ethiopia’s broadband internet connections were among the most expensive in the world when compared with monthly income, and come second only to those in the Central African Republic.

The new legislation also allows the government to inspect any imports of voice communication equipment and accessories, and to ban such imported shipments without prior notification. One suspects this may well simply be the first step in establishing total government control over access and use of the internet, leading to monitoring of emails, social network sites, chat platforms and so on, all of which could now be targeted and monitored. Indeed, RWB  has already voiced its fears that the DPI “will be misused for surveillance purposes by a government that already subjects the political opposition and privately-owned media to a great deal of harassment”.

Up until now government acts of repression have been mainly targeted at independent journalists, political activists and opposition supporters living and working outside the country. Journalists working abroad and publishing online find themselves attacked in print by comments from government stooges, as Freedom House states in its report. It said: “In addition to censorship, the authorities use regime apologists, paid commentators and pro-government websites to proactively manipulate the online news and information landscape.” This new move, however, throws a noose around all internet users. As ONI states, “Ethiopia is increasingly jailing journalists, and the government has shown a growing propensity toward repressive behaviour both off- and online. It seems likely that censorship will become more extensive as internet access expands across the country.” Such is democracy under Meles Zenawi.

Unlawful laws of control

The reasons offered for the new legislation by the regime are the well-trodden justifications of the unjust, made by the unlawful. RWB quotes the authorities, as saying that “the ban was needed on national security grounds and because VoIP posed a threat to the state’s monopoly of telephone communications”. Duplicitous at best, such actions of extreme repression are born out of paranoia. And let us point out there should be no such state telecommunications monopoly anyway.

These measures fit into a broader pattern of restrictions of freedom, all of which violate human rights laws. The Anti Terrorist Proclamation that came into effect in 2009, to a chorus of international criticism and fury, set the tone of repression and is being followed with ever-greater ferocity. The Ethiopian constitution, a legally binding document, of course proclaims universally recognized freedoms – all of which the government contravenes. As ONI states, “The Ethiopian government maintains strict control over access to the internet and online media, despite constitutional guarantees of freedom of the press and free access to information.”

What the constitution says

Relevant constitutional statements of intent specifically relating to the media; include Article 29on the “Right of Freedom of Thought, Opinion and Expression”. This states:

Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.

It also says: “Freedom of the press and other mass media, and freedom of artistic creativity, is guaranteed.”

Regarding the right to privacy, Article 26 makes plain that “Everyone has the right to the inviolability of his notes and correspondence, including postal letters, and communications made by means of telephone, telecommunications and electronic devices. It adds that “Public officials shall respect and protect these rights.”

Censorship by the printing presses

In tandem with the current illegal attacks on internet freedom, the state-owned printing presses are tightening the screws of suppression and are, according to RWB, “demanding the right to censor the newspapers they print”.

Not only is there a state monopoly on telecommunications, but the press are also state owned. There is only one Amharic-language daily national paper, with around 32,000 readers, in a country of 85 million people.

Both television and radio are firmly under the control of the Meles regime.

Berhanena Selam is the main state printer, and has a virtual monopoly on newspaper and magazine printing. Along with other state-owned printers, it is trying to impose political censorship on media content before publication. According to RWB, “In a proposed ‘standard contract for printing’ recently circulated by state printers, they [the printers] assume the right to vet and reject articles prior to printing.” Article 10 of the proposed contract, entitled “Declining to print content violating the law”, states “the printer has the right to refuse to print any text if he has ‘adequate reason’ to think it breaks the law”. This in itself breaks the law as it contravenes Article 29 of the constitution, which prohibits any form of press censorship.

Not only do the actions of the Meles regime – a centralist government in the extreme – contravene the Ethiopian constitution, but the the grave breaches of human rights contravene numerous legally binding international treaties signed by the government. Internet access is a human right and is covered by the International Covenant on Civil and Political Rights. This has been clearly emphasized by the United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, who has reminded “all states of their positive obligation to promote or to facilitate the enjoyment of the right to freedom of expression and the means necessary to exercise this right, including the internet”. He also stresses that “there should be as little restriction as possible to the flow of information via the internet”.

Complete control of the media pertains inside Ethiopia, and these controls are becoming ever more intense with greater disinformation and manipulation of the press and the primary source of news, television.

The Meles regime exercises a brutal and deeply repressive dictatorship. How long will the West, whose dollars, pounds and euros support the needy throughout Ethiopia, continue to turn a blind eye to the myriad human rights violations and a deaf ear to the cries of the people for justice and freedom? Sit not in silence America and Britain as your strategic, undemocratic “ally” in the Horn of Africa suppresses and controls the people of Ethiopia while claiming to act in their interest. Demand that international law is observed, federal law honoured and human rights upheld.