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africorruption

Ethiopia: The Corruption Game

 corruptionHouse cleaning or window dressing?

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:

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

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

To Catch Africa’s Biggest Thieves Hiding in America!

Alemayehu G. Mariam

A Plague of Thieves Visited on Africa

For the past four decades, a plague of cold-blooded thieves has descended upon Africa like a swarm of blood sucking ticks. These thieves masquerading as leaders have been trafficking in Africa’s natural resources and trading in the wealth created by the blood, tears and sweat of African peoples. Now U.S. Attorney General Eric Holder, America’s top law enforcement officer, says to Africa’s biggest thieves: “You can run with Africa’s stolen treasures but you can’t hide them in America!”

In July 2010, in a breathtaking act of legal diplomacy,  U.S. Attorney General Holder travelled to meet Africa’s greatest kleptocrats in Uganda and delivered a staggering message: “The U.S. Department of Justice is launching a new Kleptocracy Asset Recovery Initiative aimed at combating large-scale foreign official corruption and recovering public funds for their intended – and proper – use: for the people of our nations. We’re assembling a team of prosecutors who will focus exclusively on this work and build upon efforts already underway to deter corruption, hold offenders accountable, and protect public resources.” Holder’s move was so surreal and stunning that I described it as the equivalent of filing a sealed indictment against “La Commissione” – the Godfathers of the Bonnano, Columbo, Gambino, Genovese, and Lucchese crime families in New York City, Chicago, Detroit, Miami, Atlantic City, Las Vegas, St. Louis, Los Angeles and Philadelphia.

The Rape of Equatorial Guinea by the Teodoro Obiang Nguema Mbasogo Family  

Teodoro Nguema Obiang Mangue, the 43-year old son of President Teodoro Obiang Nguema Mbasogo of Equatorial Guinea, is now facing asset seizures by the U.S. and other European governments. The U.S. has filed legal action to take away Mangue’s property valued at tens of millions of dollars because they were allegedly acquired with money stolen from the people of Equatorial Guinea. Mangue is the heir apparent and Minister of Forestry and Agriculture of that tiny west African nation with a population of  680,000, seventy percent of which lives below the poverty line. Mangue reportedly earns a monthly salary of USD$6,799.

U.S. law allows the government to seize cash, personal or real property of a person or entity if the government can trace the property to “specified unlawful activity”. Such activity includes foreign offenses involving “extortion”, “money laundering” or the “misappropriation, theft or embezzlement of public funds by or for the benefit of a public official” of a foreign government. (18 U.S. C. sections 981 (a) (1) (c); 1956; 1957.) Mangue is not facing any criminal charges at this time and the proceedings are against the items of property alone in the form of “United States v. One White Crystal-Covered Bad Tour Glove…” Mangue becomes a third party claimant if he decides to defend.

In a 46-page civil forfeiture action filed in mid-October by U.S. Justice Department in California and a separate but similar action filed in the District of Columbia in late October,  the U.S. Justice Department details its claims against Mangue. Among the items of property the Justice Department wants to seize include Michael Jackson’s white crystal-covered gloves valued at $275,000 and a pair of crystal-covered socks valued at $80,000, a $30 million Gulfstream jet, and a variety of super-cars including two Bugatti Veyrons worth $2million, eight Ferarraris, seven Rolls Royces, Five Bentleys, four Mercedes one Aston Martin and one Masarati. The government also seeks to seize a 12-acre estate (pictured above) overlooking the Pacific Ocean in Malibu, CA valued at $38.5 million.    

Teodoro Obiang and Africa’s Forty Thieves

Ali Baba and his forty thieves have nothing on the Teodoro Obiangs and Africa’s Forty Thieves. Neither do the European colonizers who had plundered and picked Africa’s bones clean. At least they left behind a few bones behind for the benefit of the archaeologists. Africa’s thieving dictators over the past four decades have stripped Africa so completely that they are now gang-mugging Africa’s ghost. As Africans die from famine, starvation, poverty, disease, civil war and conflict and suffer from illiteracy and economic woes, Teodoro Obiang and Africa’s Forty Thieves are spreading their empires of corruption to the four corners of the earth.  

Let the facts speak for themselves:

Sudan. Dictator Omar al-Bashir, according to a WikiLeaks cablegram, has  amassed fortune that boggles the mind: “International Criminal Court [ICC] Prosecutor Luis Moreno-Ocampo told [U.S.] Ambassadors Rice and Wolff on March 20 [2009] that [Ocampo] would put the figure of Sudanese President Bashir’s stash of money at possibly $9 billion.”

Zimbabwe. In 2010, dictator Robert Mugabe announced his plan to sell “about $1.7 billion of diamonds in storage” (probably rejects of his diamond-crazed wife Grace). According to a Wikileaks cablegram, “a small group of high-ranking Zimbabwean officials (including Grace Mugabe) have been extracting tremendous diamond profits.” Mugabe is so greedy that he stole outright “£4.5 million from [aid] funds meant to help millions of seriously ill people.”

Kenya. The 2004 Kroll Report revealed that former president Daniel Arap Moi stole billions of dollars using a “web of shell companies, secret trusts and frontmen” and secreted the loot in 30 countries. Moi’s “relatives and associates of Mr. Moi siphoned off more than £1bn of government money.” Moi’s sons “Philip and Gideon – were reported to be worth £384m and £550m respectively.” Current president Mwai Kibaki stonewalled further action on the report, including prosecution of Moi.

Niger. In 2010, Niger’s state auditor reported that “at least 64 billion CFA francs [USD$128-million] were stolen from Niger’s state coffers under the government of former president Mamadou Tandja.”

Nigeria. Ex-President Sani Abacha, who stole some $2bn in the five years he ruled the country was determined to be a member of a criminal organization by a Swiss court.

Libya. Moamar Gadhafi is believed to have stashed $200bn dollars all over the world. Shortly after the Libyan uprising last  February, the British Government announced that it expected to seize “around £20 billion in liquid assets of the Libyan regime, mostly in London.” The Swiss Government similarly issued an order for the immediate freeze of assets belonging to Gaddafi and his entourage  in the amount of  613 million Swiss francs (USD$658 million), with an additional 205 million francs (USD$220 million) in paper or fiduciary operations. In 2008, Gadhafi’s Swiss holdings amounted to 5.7 billion in cash and 812 million francs in paper and fiduciary operations. In 2006, the Libyan Sovereign Wealth Fund had investments of $70 billion. The U.S. has frozen $37 billion in Libyan assets.

Ethiopia. A few months ago, 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, the second poorest country on the planet.   The anti-corruption agency of the regime in Ethiopia reported in 2008 that “USD$16 million dollars” worth of gold bars simply walked out of the bank in broad daylight never to be seen again. Not long ago, dictator Meles 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 the traders 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.

According to a recent 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 an EPRDF-affiliated business group called the Endowment Fund for the Rehabilitation of Tigray (EFFORT). EFFORT’s freight transport, construction, pharmaceutical, and cement firms receive lucrative foreign aid contracts and highly favorable terms on loans from government banks.

Ben Ali of Tunisia and Hosni Mubarak of Egypt also have safely stashed their loot in various international banks although the Swiss government has frozen a few hundred million dollars secretly kept there.  Others who have robbed their people blind (and pretty much have gotten away with it) include Nigeria’s Ibrahim Babangida, Guniea’s Lansana Conte, Togo’s Gnassingbe Eyadema, Gabon’s Omar Bongo, Burkina Faso’s Blaise Campore and Congo’s (Brazaville) Denis Sassou Nguesso. The story of official corruption, embezzlement, fraud, bribery, money-laundering, extortion and theft occurs with such monotonous regularity that a  2004 African Union report  estimated that nearly $148 billion is lost to corruption annually in Africa.

Going After Africorruption, Inc.

In my commentary “Africorruption, Inc.”, I argued that the business of African “governments” is  large part corruption. The majority of African “leaders” seize political power to operate sophisticated criminal enterprises to loot their national treasuries and resources. Stated simply, many African “governments” and “regimes” are kleptocracies which function in much the same way as the highly organized and centralized criminal enterprises that dominate the business of crime in the West. Attorney General Holder is now using against the biggest African thieves the same tools that have been used in one form or another for decades against drug lords, Mafiosi, organized crime figures and a variety of criminal syndicates engaged in racketeering. The legal strategy against American and African syndicates is now the same: hit the economic base of their criminal enterprises and confiscate the stolen loot.

The procedure in civil forfeiture cases is pretty straightforward and highly favors the government. In Mangue’s case, once the government establishes probable cause (reasonable belief) that the property (house, cars, etc.,)  is subject to forfeiture or confiscation (by showing it was obtained by corruption, extortion, theft, etc.,), Mangue must prove by a “preponderance of the evidence” (more likely to be true than not true) that the properties can be traced to a legitimate source such as his monthly salary of USD$6,799. If he cannot prove that, the U.S. Government is entitled to keep the assets, auction them off and return the proceeds to the country. Perhaps not in this case, as that would involve giving the money stolen by the son to the father who runs the theft ring.

From the Racketeer Influenced Corrupt Organizations Act (RICO) to an “African Racketeer Influenced Corruption Act” (AfRICA)?

For decades, the U.S. Government has been fighting organized crime using the Racketeer Influenced Corrupt Organizations Act (RICO) (18 U.S.C. § 1961–1968) in one form or another. Now the U.S. is pursuing what may be informally described as “African Racketeer Influenced Corruption Act (Af-RICA)”.  I have previously argued that contemporary Africa has largely been reduced to a collection of thugocracies. I defined a “thugocracy” as a government of thieves, for thieves, by thieves. Simply stated, much of Africa today is under thugtatorships run by a gang of thieves and robbers (thugtators) in designer suits who have privatized the continent’s resources for their personal benefit. In a thugtatorship, the purpose of seizing and clinging to political power is solely to accumulate personal wealth for the ruling class by stealing public funds and depriving the broader population scarce resources necessary for basic survival. What legal tool could be more effective than RICO or Af-RICA to restore good governance in Africa?

Africa’s thugtators and their henchmen are now coming under the microscope of the U.S. Justice Department. They are viewed as part of an international organized criminal syndicate. Few would have realistically expected to see the U.S. going after even a single corrupt and thieving African dictator; but it sends a chilling message to all the other African  kleptocrats  and their henchmen who launder billions of dollars every year in the U.S. buying businesses and homes and making “investments” in legitimate commercial enterprises.

Though the U.S. action against Mangue is encouraging, no one believes that the other thieves are next in line. After all, the U.S. knew about Mangue’s criminal enterprises for at least a decade before it took action. Time will tell if the U.S. is serious in using civil RICO-type proceedings against Africa’s thugtators or merely window dressing for media publicity. What is significant is the symbolic but chilling message it sends to all of the other cunning African thieves, their associates, business partners, investors, and all others in the U.S. who “directly or indirectly” facilitate and sustain official corruption in Africa.  Regardless, it is heartwarming (and breathtaking) to know that the Obama Administration is at least considering seriously using civil forfeiture laws to deal with African dictators as organized criminals, syndicates and equivalents of Mafia bosses.

The Moral Duty of Every African

The United States could transform the bleak human rights landscape in Africa overnight by aggressively using  civil forfeiture actions against the properties and bank accounts of Africa’s thieving dictators. One civil forfeiture action against each of the bloodthirsty African thugs could do more to usher democracy and respect for human rights in Africa than a century’s worth of human rights legislation or a horde of idle American diplomats shuffling to suck up to these thugtators.

Criminal defense lawyers know all too well that crooks and criminals fear loss of their stolen loot more than their liberty or even their lives. For a criminal nothing matters more that the loot he has stolen. If the U.S. could effectively investigate and aggressively seize the assets of Africa’s kleptocrats, the continent will witness significant improvements in human rights and governance overnight. There will surely be a dramatic reduction in corruption and an increase in the availability of significant resources from recovered assets for investment in infrastructure and other social programs for the African population. Help improve human rights in Africa: Finger the biggest African thieves hiding in America.  

It is the civic and moral duty of every African to help the U.S. Justice Department catch Africa’s biggest thieves.  It is very easy to do,  and do it anonymously.  Individuals with information about possible proceeds of foreign corruption in the United States, or funds laundered through institutions in the United States, should contact Immigration and Customs Enforcement, Homeland Security Investigations (ICE HIS) toll free at 866-347-2423 or send email to: [email protected]. If calling from outside of the U.S., the number is: 802-872-6199   

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

Release all political prisoners in Ethiopia, NOW! 

Photo insert: Equatorial Guinea village, Teodoro N. Obiang Mangue’s $38m Malibu, CA estate, Teodoro N. Obiang Mangue with hangers-on.

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

 

U.S. Africa Policy: Empty Words, Emptier Promises

Alemayehu G. Mariam

(This is the second installment in a series of commentaries I pledged to offer on U.S. policy in Africa under the heading “The Moral Hazard of U.S. Policy in Africa”. In Part I,  I argued that democracy and human rights in Africa cannot be subordinated to the expediency of “engaging” incorrigible African dictators whose sole interest is in clinging to power to enrich themselves and their cronies.)

African Status Quo Broken

When U.S. Secretary of State Hilary Clinton made a brief stop at the African Union summit meeting in Addis Ababa, Ethiopia a couple of weeks ago, she was talking my language: human rights, democracy, rule of law, accountability, transparency and the rest of it. She announced to the coterie of African dictators that the “status quo had broken” and she had come to talk to them about how they can regain democracy, achieve economic growth, and maintain peace and security.

Clinton said democracy in Africa is undergoing trial by fire despite a few successes in places like “Botswana, Ghana, and Tanzania.” She told the swarm of jackbooted African dictators that their people are gasping for democracy: “[W]e do know that too many people in Africa still live under longstanding rulers, men who care too much about the longevity of their reign, and too little about the legacy that should be built for their country’s future. Some even claim to believe in democracy – democracy defined as one election, one time.” She said Africa’s youth are sending a “message that is clear to us all: The status quo is broken; the old ways of governing are no longer acceptable; it is time for leaders to lead with accountability, treat their people with dignity, respect their rights, and deliver economic opportunity. And if they will not, then it is time for them to go.” The alternative for Africa’s “long standing rulers who hold on to power at all costs, who suppress dissent, who enrich themselves and their supporters at the expense of their own people” is to face the types of “changes that have recently swept through North Africa and the Middle East. After years of living under dictatorships, people have demanded new leadership; in places where their voices have long been silenced, they are exercising their right to speak, often at the top of their lungs.”

U.S. Sounding Like a Broken Record

For some time now, President Obama, Secretary Clinton and other top U.S. officials have been doing the same song and dance about dictatorship and poor governance in Africa.  In July 2009 in Ghana, President Obama declared, “Africa doesn’t need strongmen, it needs strong institutions.” Today Secretary Clinton says: “Good governance requires free, fair, and transparent elections, a free media, independent judiciaries, and the protection of minorities.”

Two years ago, President Obama lectured African dictators: “No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. That is not democracy, that is tyranny, and now is the time for it to end.” Today Secretary Clinton sarcastically notes, “Too many people in Africa still live under longstanding rulers… [who] believe in democracy – democracy defined as one election, one time.”

Two years ago, President Obama berated African dictators: “To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history.” Today Secretary Clinton warns the same dictators, “If you do not desire to help your own people work and live with dignity, you are on the wrong side of history.”

Two years ago, President Obama threatened African dictators: “I have directed my administration to give greater attention to corruption… People everywhere should have the right to start a business or get an education without paying a bribe. We have a responsibility to support those who act responsibly and to isolate those who don’t, and that is exactly what America will do.”  Today Secretary Clinton pleads with the same dictators: “We are making [corruption] a priority in our diplomatic engagement, and we look to our partners to take concrete actions to stop corruption.”

Last year, President Obama told a delegation of African youths: “Africa’s future belongs to its young people… We’re going to keep helping empower African youth, supporting education, increasing educational exchanges… and strengthen grassroots networks of young people…” Today Secretary Clinton laments, “A tiny [African] elite prospers while most of the population struggles, especially young people…”

When it comes to Africa, the Obama Administration is increasingly sounding like a broken record.

Empty Words and Emptier Promises

The U.S. has been talking a good talk in Africa for the last two years, but has not been walk the walk; better yet, walking the talk. Following the May 2010 “elections” in Ethiopia in which dictator Meles Zenawi claimed a 99.6 percent victory, U.S. Assistant Secretary of State P.J. Crowley said, “We value the cooperation that we have with the Ethiopian government on a range of issues including regional security, including climate change. But we will make clear that there are steps that it needs to take to improve democratic institutions.” The U.S. “clearly” took no action as Ethiopia has become a veritable police state behind a veneer of elections.

Following the rigged elections in Uganda in February 2011, Crowley said, “Democracy requires commitment at all levels of government and society to the rule of law, freedom of speech and assembly, independent media, and active civil society.” The U.S. promptly congratulated Yoweri Museveni on his election victory and conveniently forgot about the rule of law and all that stuff.

Following the elections in Cote d’Ivoire last November and Laurent Gbagbo’s refusal to step down (calling it a “mockery of democracy”) Crowley said, “The U.S. is prepared to impose targeted sanctions on Ivory Coast’s incumbent President  Gbagbo, his immediate family and his inner circle, should he continue to illegitimately cling to power.” The U.S. imposed a travel ban, but that did not matter much since Gbagbo had no intention of leaving the Ivory Coast. Months later he was collared and dragged out of his palace like a street criminal.

In July 2009, the White House in a press statement said, “The United States is concerned about the recent actions of Niger’s President Mamadou Tandja to rule by ordinance and decree and to dissolve the National Assembly and the Constitutional Court as part of a bid to retain power beyond his constitutionally-limited mandate.” The U.S. took no action against Tandja, but Niger’s military did.

A couple of weeks ago, Ali Bongo Ondimba of Gabon visited the U.S. and received a warm reception at the White House which put out a press statement applauding the “the important partnership between the United States and Gabon on a range of critical regional and global issues.” Ali is the son of the notorious Omar Bongo who ruled Gabon with an iron fist for 42 years before his death in 2009.

Not long ago, Crowley called Teodoro Obiang Nguema Mbasogo of Equatorial Guinea a “dictator with a disastrous record on human rights.” Nguema’s son, Teodorin frequently travels to his $35 million-dollar mansion in Malibu, California flying in his $33 million jetliner and tools around town in a fleet of luxury cars. He earned a salary of $6,799 a month as agriculture minister. Forbes estimates his net worth at $600 million.

America Should Stop Subsidizing African Kleptocracies

The U.S. should stop subsidizing African kleptocratic thugtatorships through its aid policy and hit the panhandling thieves in the pocketbook.  In one of my weekly commentaries in November 2009 (“Africorruption, Inc.”), I argued that the business of African governments is corruption. Most African “leaders” seize political power to operate sophisticated criminal enterprises to loot their national treasuries and resources.   As Geroge Ayittey, the distinguished Ghanaian economist and arguably one of the “top 100 public intellectuals worldwide who are shaping the tenor of our time” recently noted, Africa’s “briefcase bandits” run full-fledged criminal enterprises. Sani Abacha of Nigeria amassed $5 billion, and the Swiss Supreme Court in 2005 declared the Abacha family a “criminal enterprise”. Omar al-Bashir of the Sudan has stashed away $7 billion while Hosni Mubarak is reputed to have piled a fortune of $40 billion. In comparison, Ayittey says, “The net worth of 43 U.S. presidents from Washington to Obama amounts to a measly $2.5 billion.”

Foreign aid is known as the perfect breeding ground for corruption in Africa.According to the Brussels Journal (“Voice of Conservatism in Europe”), “Most serious analysts of the failures of development aid [in Africa], including a number of government commissions, not only identified corruption in recipient governments as a reason the aid programs failed but, in fact, found the projects actually fueled additional corruption and increased the plight of the people.” Africa’s thugtators not only siphon off foreign aid targeted for critical school, hospital, road and other public works and community projects to line their pockets, they also use the aid they receive to fortify their regimes and suppress the democratic aspiration of the people. In its October 2010 report on Ethiopia, Human Rights Watch reported:

Foreign aid has become one of the government’s most effective tools in suppressing and punishing criticism. Human Rights Watch’s research found that local officials often deny assistance to people they perceive as political opponents – including many who are not actually involved in politics at all. Impoverished farmers know they risk losing access to aid which their livelihoods depend on if they speak out against abuses in their communities. Most respond by staying quiet; aid discrimination has made freedom of speech a luxury many Ethiopians quite literally cannot afford.

Simply stated, an endless supply of the hard earned cash of American Joe and Jane Taxpayer is making it possible for African thugtators to cling to power and crush the legitimate aspirations of African peoples. The thugtators know that as long as billions of American taxpayer dollars (free money) keep flowing into their pockets, they do not have to do a darn thing to improve governance, respect human rights or institute accountability and transparency.

U.S. Attorney General Eric Holder told a gathering of African dictators in Uganda in 2010 that “the U.S. Department of Justice is launching a new Kleptocracy Asset Recovery Initiative aimed at combating large-scale foreign official corruption and recovering public funds for their intended and proper use.” More power to Holder. It is great to grab the corrupt and thieving African dictators and their cronies in the U.S. as they launder hundreds of millions of dollars every year buying businesses and homes and making “investments”. But it is more important to hold them accountable for the billions of aid dollars they receive from U.S. every year.

If the Obama administration is committed to battling corruption as ‘one of the great struggles of our time’, as it has so often declared, it needs to undertake a thorough and complete investigation of aid money given to African dictators. In November 2009, U.S. State Department spokesman Ian Kelley stated that the U.S. is investigating allegations that “$850 million in food and anti-poverty aid from the U.S. is being distributed on the basis of political favoritism by the current [Ethiopian] prime minister’s party.” There exists no official report in the public domain today concerning the outcome of that investigation. (If any such report exists, we are prepared to scrutinize it.) In the absence of evidence to the contrary, one must logically assume that no one for sure knows what happened to the USD$850 million handed over to Zenawi. Since the State Department does not seem to be up to the job of investigating aid-related corruption allegations in Ethiopia, it is appropriate for the General Accounting Office (the independent nonpartisan Congressional watchdog) to undertake a full investigation of the Human Rights Watch allegations.

When the U.S. hands out billions of dollars of free money to countries like Ethiopia without any meaningful accountability and discernable performance requirements, the effect on governance and observance of human rights is disastrous as evidenced in the fact that Zenawi used American aid money to suppress dissent and steal elections in 2010. In Ethiopia, where aid constitutes more than 90% of the government budget, establishing the scope of corruption in aid is absolutely necessary. Such accountability could have a huge impact not only on improving governance in Ethiopia but also in all other U.S. aid recipient countries on the continent.

Corruption is fundamentally a human rights issue. As Peter Eigen, founder and chairman of Transparency International has argued:

Corruption leads to a violation of human rights in at least three respects: corruption perpetuates discrimination, corruption prevents the full realisation of economic, social, and cultural rights, and corruption leads to the infringement of numerous civil and political rights. Beyond that, corruption undermines the very essence of the rule of law and destroys citizens’ trust in political leaders, public officials and political institutions.”

By turning a blind eye to endemic aid-related corruption, the U.S. is unintentionally promoting disregard for human rights protections and undermining the growth of democratic institutions and institutionalization of the rule of law and good governance in Ethiopia and the rest of Africa. When foreign aid provides 90 percent of the regime’s budget in Ethiopia, is it any wonder that Zenawi’s regime “won” the May 2010 “elections” by 99.6 percent?

As the old saying goes, “the road to hell is paved with good intentions.” I regret to say that aid given to Africa with the best of intentions in the name of the most generous people in the history of the world has made the continent a heaven for bloodthirsty dictators and hell for the vast majority of poor Africans. I wonder if the American people would tolerate and approve of the the crimes that are being committed in Africa using their hard earned dollars year after year if we took it upon ourselves to educate them!

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