Last April, I wrote a “Special Tribute to My Personal Hero Eskinder Nega”. In that tribute, I groped for words as I tried to describe this common Ethiopian man of uncommon valor, an ordinary journalist of extraordinary integrity and audacity. Frankly, what could be said of a simple man of humility possessed of indomitable dignity? Eskinder Nega is a man who stood up to brutality with his gentle humanity. What could I really say of a gentleman of the utmost civility, nobility and authenticity who was jailed 8 times for loving liberty? What could I say of a man and his wife who defiantly defended press freedom in Ethiopia, even when they were both locked up in Meles Zenawi Prison just outside of the capital in Kality for 17 months! What could anybody say of a man, a woman and their child who sacrificed their liberties, their peace of mind, their futures and earthly possessions so that their countrymen, women and children could be free!?
Ethiopian journalist Eskinder Nega is a special kind of 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. Above all, Eskinder speaks truth to power and to those who abuse, misuse, overuse and are corrupted by power.
Now almost a year since I wrote my tribute, I remember my great friend and brother Eskinder Nega as he languishes in Meles Zenawi Prison. But I do not remember him in sadness or with heartache. No! No! I remember Eskinder in the hopeful, faith-filled and resolute words of American poet James Russell Lowell (“The Present Crisis”): “When a deed is done for Freedom, through the broad earth’s aching breast…/ Once to every man and nation comes the moment to decide…/ In the strife of Truth with Falsehood, for the good or evil side… For Humanity sweeps onward: where to-day the martyr stands…/ Truth forever on the scaffold, wrong forever on the throne…/
Eskinder and his wife Serkalem did the right deed to defend the right of press freedom in Ethiopia. They spoke truth to falsehood in their newspapers and never backed down. They spoke right to wrong in kangaroo court. The man who tried for 20 years to right the wrongs of tyranny, today, like Lowell’s Truth, hangs on the scaffold in the belly of Meles Zenawi Prison, a place of “wrath and tears where the horror of the shade looms”, with his head bloodied but UNBOWED!
Last week, Birtukan Mideksa wrote an opinion piece for Al Jazeera urging the release of Eskinder Nega and other journalists including Reeyot Alemu (winner of the International Women’s Media Foundation 2012 Courage in Journalism Award) and Woubshet Taye (2012 Hellman/Hammett Grant Award) and all political prisoners in Ethiopia. Birtukan is the first female political party (Unity for Democracy and Justice) leader in Ethiopian history. Birtukan, like Eskinder, was the personal political prisoner of the late dictator Meles Zenawi. Meles personally ordered Birtukan’s arrest and on December 29, 2008, a year and half after he “pardoned” and released her from prison, he threw her back in jail without even the usual song and dance of kangaroo court. On January 9, 2010, Meles sent chills down the spines of reporters when he declared sadistically that “there will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” On January 15, 2010, the United Nations Working Group on Arbitrary Detention adopted an opinion finding that Birtukan Midekksa is a political prisoner.
It is heartwarming to read Birtukan’s moving and robustly principled defense of Eskinder Nega and the other Ethiopian journalists and political prisoners. It is also ironic that Eskinder should replace Birtukan as the foremost political prisoner in Ethiopia today.
Few can speak more authoritatively on the plight of Eskinder and all Ethiopian political prisoners than my great sister Birtukan who also spent years in in the belly of Meles Zenawi Prison, a substantial part of it in solitary confinement. In her Al Jazeera commentary she wrote:
My journey to become a political prisoner in Ethiopia began as a federal judge fighting to uphold the rule of law. Despite institutional challenges and even death threats, I hoped to use constitutional principles to ensure respect for basic rights… [Ethiopian] authorities have detained my friend Eskinder Nega eight times over his 20-year career as a journalist and publisher.After the 2005 elections, Eskinder and his wife – Serkalem Fasil – spent 17 months in prison. Pregnant at the time, Serkalem gave birth to a son despite her confinement and almost no pre-natal care. Banned from publishing after his release in 2007, Eskinder continued to write online. In early 2011, he began focusing particularly on the protest movements then sweeping North Africa and the Middle East. Eskinder, who does not belong to any political party because of a commitment to maintain his independence, offered a unique and incisive take on what those movements meant for the future of Ethiopia. Committed to the principle of non-violence, Eskinder repeatedly emphasised that any similar movements in Ethiopia would have to remain peaceful. Despite this, police briefly detained him and warned him that his writings had crossed the line and he could face prosecution. Then in September [14], 2011, the government made good on that threat. Authorities arrested Eskinder just days after he publicly criticised the use of anti-terror laws to stifle dissent. They held him without charge or access to an attorney for nearly two months. The government eventually charged Eskinder with terrorism and treason, sentencing him to 18 years in prison after a political trial. Unfortunately, Eskinder is not alone; independent journalists Woubshet Taye and Reeyot Alemu also face long prison terms on terrorism charges.
Eskinder is a hero to the world but a villain to Meles Zenawi and his disciples
Who really is Eskinder Nega? In Meles Zenawi’s kangaroo court, Eskinder has been judged a “terrorist”, a “public enemy”. In the court of world public opinion, Eskinder is celebrated as the undisputed champion and defender of press freedom.
When speaking of my brother Eskinder, I could be accused of exaggerating his virtues, hyperbolizing his singular contributions to press freedom in Ethiopia and overstating his importance to the cause of free expression throughout the world. Perhaps I am biased because I hold this great man in such high respect, honor and admiration. If I am guilty of bias, it is because seemingly in Ethiopia they have stopped making genuine heroes like Eskinder Nega, Woubeshet Taye, Anudalem Aragie, Temesgen Desalegn… and heroines like Birtukan Midekssa, Serkalem Fasil, Reeyot Alemu….
Let others more qualified and more eloquent than I speak of Eskinder Nega’s heroism, courage, fortitude, audacity and tenacity in the defense of press freedom.
… No honor can be greater than to read Eskinder Nega’s words. He is more than a symbol. He is the embodiment of the greatness of truth, of writing and reporting real truth, of persisting in truth and resisting the oppression of untruth… So let us marvel at and celebrate Eskinder Nega. For who among us could write what I am about to read [a blog of Eskinder’s] spirit unbound, faith in freedom and the power of the word untrammeled…
Larry Siems, director of PEN Freedom to Write Award, at the award ceremonies groped for words trying to describe Eskinder Nega. “…[This year] one [journalist] really stood out, and that is Eskinder Nega. So tonight we recognize one of the world’s most courageous, most intrepid, most creative advocates of press freedom that I have ever seen…”
In awarding its prestigious Hellman/Hammett Award for 2012, Human Rights Watch described Eskinder and the other journalists as “exemplifying the courage and dire situation of independent journalism in Ethiopia today. Their ordeals illustrate the price of speaking freely in a country where free speech is no longer tolerated.”
The Committee to Protect Journalists declared, “The charges against Eskinder are baseless and politically motivated in reprisal for his writings. His conviction reiterates that Ethiopia will not hesitate to punish a probing press by imprisoning journalists or pushing them into exile in misusing the law to silence critical and independent reporting.”
The specific charge against Eskinder was that he conspired with a banned opposition party called Ginbot 7 to overthrow the government. At his trial, government prosecutors showed as evidence a fuzzy video, available on YouTube, of Eskinder at a public town-hall meeting, discussing the potential of an Arab Spring-type uprising in Ethiopia. State television labeled Eskinder and the other journalists as “spies for foreign forces.” There were also allegations that he had accepted a terrorist mission—what the mission involved was never specified.
The United States remains deeply concerned about the trial, conviction, and sentencing of Ethiopian journalist Eskinder Nega, as well as seven political opposition figures, under the country’s Anti-Terrorism Proclamation. The sentences handed down today, including 18 years for Eskinder and life imprisonment for the opposition leader Andualem Arage, are extremely harsh and reinforce our serious questions about the politicized use of Ethiopia’s anti-terrorism law in this and other cases.
Eskinder is a hero to the heroes of international journalism. In April 2012, twenty international journalists who have been recognised as “World Press Freedom Heroes” by the Vienna-based International Press Institute (IPI) stood by Eskinder’s side, condemned his unjust imprisonment on trumped up terrorism charges and demanded his release and the release of other journalists. These press freedom heroes minced no words in telling Meles Zenawi of their “extremely strong condemnation of the Ethiopian government’s decision to jail journalist Eskinder Nega on terrorism charges.”
The deprivation of liberty of Eskinder Nega is arbitrary in violation of articles 9, 10, 19 of the Universal Declaration of Human Rights and articles 9, 14, and 19 of the International Covenant on Civil and Political Rights… The Working Group requests the Government to take the necessary steps to remedy the situation, which include the immediate release of Mr. Nega and adequate reparation to him.
Meles said Eskinder and all of the journalists he jailed are “terrorists”. If Eskinder Nega is a terrorist, then speaking truth to power is an act of terrorism. If Eskinder Nega is a terrorist, then advocacy of peaceful change is terrorism; thinking is terrorism; dissent is terrorism; having a conscience is terrorism; refusing to sell out one’s soul is terrorism; standing up for democracy and human rights is terrorism; defending the rule of law is terrorism and peaceful resistance of state terrorism is terrorism. If Eskinder Nega is a terrorist today, Nelson Mandela was a terrorist then. The same goes for all of the other jailed journalists and opposition leaders jailed by Meles Zenawi.
But the real terrorists know who they are. When Meles and his horde of guerilla fighters challenged military dictator Mengistu Hailemariam, they were officially branded as terrorists, bandits, mercenaries, criminals, thugs, murderers, marauders, public enemies, subversives, rebels, assassins, malcontents, invaders, traitors, saboteurs and other names. Were they?
The current ruling party, “Tigrayan Peoples Liberation Movement” (TPLF), is listed today in the Global Terrorism Database as a terrorist organization. Documented acts of terrorism by the TPLF include armed robberies, assaults, hostage taking and kidnapping of foreign nationals and journalists and local leaders, hijacking of truck convoys, extortion of business owners and merchants, nongovernmental organizations, local leaders and private citizens and intimidation of religious leaders and journalists.
An official Inquiry Commission established by Meles Zenawi to investigate the deaths that occurred in the post-2005 election period determined that security forces under the personal control and command of Meles Zenawi massacred 193 unarmed protesters in the streets and severely wounded another 763. The Commission concluded the “shots fired by government forces were intended not to disperse the crowd of protesters but to kill by targeting the head and chest of the protesters.” On November 1, 2005, security forces in the Meles Zenawi Prison in Kality gunned down 65 inmates while confined in their cells. No one has ever been brought to justice for these crimes against humanity.
Who are the real terrorists and criminals in Ethiopia today?
Tale of the Good Wolf and Evil Wolf
The late Meles Zenawi and his apostles remind me of an old Cherokee (Native American) tale of two wolves: A grandfather tells his young grandson that everyone has a Good Wolf and an Evil Wolf inside of them fighting with each other every day. The Good Wolf thrives on peace, love, truth, generosity, humility and kindness. The Evil Wolf feeds on hatred, anger, greed, lies and arrogance. “Which wolf will win, grandfather?” asked the boy. “Whichever one you feed,” replied the grandfather.
Meles and his disciples have been feeding the Evil Wolf for decades, and now the Evil Wolf sits triumphantly crowned on the Throne of Hatred and Falsehood. They have fattened the Evil Wolf with a lavish diet of inhumanity, barbarity, brutality, ignobility, immorality, depravity, duplicity, incivility, criminality, ethnocentricity, mediocrity, corruptibility and pomposity.
Eskinder, Reeyot, Woubshet, Andualem. Temesgen and the rest have managed to tame the Good Wolf and have followed the path of peace, love and truth. Their wolf thrives on a simple diet of humanity, unity, integrity, authenticity, civility, morality, incorruptibility, dignity, affability, humility, nobility, creativity, intellectuality and audacity.
It is hard for the reasonable mind to fathom why Meles and his disciples chose to embrace and follow the path of the Evil Wolf. Indeed, the Evil Wolf has been very good to them. The Evil Wolf has made it possible for them to accumulate great wealth and amass enormous power. They have unleashed the Evil Wolf to divide and rule the country along ethnic, religious, linguistic and regional lines. They have used the Evil Wolf to destroy not only the lives and futures of young professionals like Eskinder, Birtukan, Reeyot, Woubshet, Temesgen and Andualem but also the future of the younger generation. They have used the Evil Wolf to sell off the country’s most fertile lands for pennies and plunder its natural resources. They have used the Evil Wolf to convict the innocent in kangaroo courts. They have used the Evil Wolf to strike fear and loathing in the hearts and minds or ordinary citizens.
They have given new meaning to the ancient Roman playwright Paluatus’ aphorism homo homini lupus est (“man is a wolf to his fellow man”). They have used the Evil Wolf to create war from peace; strife from harmony; wrong from right; vice from virtue; division from unity; shame from honor; immorality from decency; poverty from wealth; hatred from love; ignorance from knowledge; corruption from blessing; bondage from freedom and dictatorship from democracy. In 21 years, Meles and his disciples have managed to jam a whole nation between the jaws of a snarling, gnarling and howling Evil Wolf.
How long before the Good Wolf wins over the Evil Wolf?
The great Nelson Mandela wondered when Apartheid would end. He told those who had unleashed the Evil Wolf of Apartheid, “You may succeed in delaying, but never in preventing the transition of South Africa to a democracy.”
My friend Eskinder Nega warned the overlords of the Evil Wolf in Ethiopia, “Freedom is partial to no race. Freedom has no religion. Freedom favors no ethnicity. Freedom discriminates not between rich and poor countries. Inevitably freedom will overwhelm Ethiopia.”
But how long before freedom overwhelms Ethiopia? How long before Ethiopia transitions to democracy? How long before “truth crushed to earth rises again” in Ethiopia? How long before all Ethiopian political prisoners are set free? Before Eskinder is released and joins his wife Sekalem and their son Nafkot? How long before Reeyot, Woubshet, Andualem… rejoin their families? How long before the Good Wolf wins over the Evil Wolf?
Dr. Martin Luther King, Jr. agonized over similar questions during the darkest days of the struggle for civil rights in America. His answer to the question, “How long?” was “Not long!”.
I know you are asking today, “How long will it take?” Somebody’s asking, “How long will prejudice blind the visions of men…?”
Somebody’s asking, “When will wounded justice, lying prostrate on the streets of Selma and Birmingham… be lifted from this dust of shame…? … How long will justice be crucified, and truth bear it?”
I come to say to you this afternoon, however difficult the moment, however frustrating the hour, it will not be long, because “truth crushed to earth will rise again.”
How long? Not long, because “no lie can live forever.”
How long? Not long, because “you shall reap what you sow.”
How long before the Good Wolf wins over the Evil Wolf? Not long, because “once to every man and nation comes the moment” to decide between Good and Evil.
How long before wounded justice, lying prostrate on the streets of Addis Ababa, Mekele, Adama, Gondar, Awassa, Jimma… is lifted from the dust of shame? Not long, “because the arc of the moral universe is long, but it bends toward justice.”
How long before truth and right crushed to earth rise up again in Ethiopia? Not long, because truth and right will not remain forever on the scaffold nor wrong and falsehood nest forever on the throne!
I have no greater honor than to stand up, speak up and defend my friends, brothers and sisters Eskinder Nega, Serkalem Fasil, Reeyot Alemu, Woubshet Taye, Temesgen Desalegn, Andualem Aragie and all political prisoners held in Meles Zenawi Prison!
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:
We saw what an African police state looked like when I was in Ethiopia last month… At the airport, it took an hour to clear customs – not because of lines, but because of checks and questioning. Officials tried multiple times to take us to government cars so they’d know where we went. They only relented after forcing us to leave hundreds of thousands of dollars of TV gear in the airport…
Last week, reporter Solomon Kifle of the Voice of America (VOA-Amharic) heard the terrifying voice of an African police state from thousands of miles away. The veteran reporter was investigating widespread allegations of targeted night time warrantless searches of homes belonging to Ethiopian Muslims in the capital Addis Ababa. Solomon interviewed victims who effectively alleged home invasion robberies by “federal police” who illegally searched their homes and took away cash, gold jewelry, cell phones, laptops, religious books and other items of personal property.
VOA: Are you in the area of Bole. The reason I called…
Police Chief Zemedkun: Yes. You are correct.
VOA: There are allegation that homes belonging to Muslim Ethiopians have been targeted for illegal search and seizure. I am calling to get clarification.
Police Chief Zemedkun: Yes (continue).
VOA: Is it true that you are conducting such a search?
Police Chief Zemedkun: No, sir. I don’t know about this. Who told you that?
VOA: Individuals who say they are victims of such searches; Muslims who live in the area.
Police Chief Zemedkun: If they said that, you should ask them.
VOA: I can tell you what they said.
Police Chief Zemedkun: What did they say?
VOA: They said “the search is conducted by police officers; they [the police] threaten us without a court order; they take our property, particularly they focus on taking our Holy Qurans and mobile phones. Such are the allegations and I am calling to get clarification.
Police Chief Zemedkun: Wouldn’t it be better to talk to the people who told you that? I don’t know anything about that.
VOA: I just told you about the allegations the people are making.
Police Chief Zemedkun: Enough! There is nothing I know about this.
VOA: I will mention (to our listeners) what you said Chief Zemedkun. Are you the police chief of the sub-district ( of Bole)?
Police Chief Zemedkun: Yes. I am something like that.
VOA: Chief Zemedkun, may I have your last name?
Police Chief Zemedkun: Excuse me!! I don’t want to talk to anyone on this type of [issue] phone call. I am going to hang up. If you call again, I will come and get you from your address. I want you to know that!! From now on, you should not call this number again. If you do, I will come to wherever you are and arrest you. I mean right now!!
VOA: But I am in Washington (D.C)?
Police Chief Zemedkun: 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!!
VOA: Are you going to come and arrest me?
End of interview.
Meles’ legacy: mini Me-leses, Meles wannabes and a police state
Flying off the handle, exploding in anger and igniting into spontaneous self-combustion is the hallmark of the leaders of the dictatorial regime in Ethiopia. The late Meles Zenawi was the icon of spontaneous self- combustion. Anytime Meles was challenged on facts or policy, he would explode in anger and have a complete meltdown.
Finally, when I asked the Prime Minister to work with the opposition and show respect and tolerance for those with differing views on the challenges facing Ethiopia he said, ‘I have a file on all of them; they are all guilty of treason.’ I was struck by his all-knowing tone. Guilty! They’re all guilty simply because Meles says so? No trial? Not even a Kangaroo court? I urged Prime Minister Meles not to take that route.
In 2010, Meles erupted at a press conference by comparing the Voice of America (Amharic) radio broadcasts to Ethiopia with broadcasts of Radio Mille Collines which directed some of the genocide in Rwanda in 1994. Pointing an accusatory finger at the VOA, Meles charged: “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.” (It seems one of Meles’ surviving police chiefs is ready to make good on Meles’ threat by travelling to Washington, D.C. and arresting a VOA reporter.)
Meles routinely called his opponents “dirty”, “mud dwellers”, “pompous egotists” and good-for-nothing “chaff” and “husk.” He took sadistic pleasure in humiliating and demeaning parliamentarians who challenged him with probing questions or merely disagreed with him. His put-downs were so humiliating, few parliamentarians dared to stand up to his bullying.
When the European Union Election Observer Group confronted Meles with the truth about his theft of the May 2010 election by 99.6 percent, Meles had another public meltdown. He condemned the EU Group for preparing a “trash report that deserves to be thrown in the garbage.”
When Ken Ohashi, the former country director for the World Bank debunked Meles’ voodoo economics in July 2011, Meles went ballistic: “The individual [Ohashi) is used to giving directions along his neo-liberal views. The individual was on his way to retirement. He has no accountability in distorting the institutions positions and in settling his accounts. The Ethiopian government has its own view that is different from the individual.” (Meles talking about accountability is like the devil quoting Scripture.)
In a meeting with high level U.S. officials in advance of the May 2010 election, Meles went apoplectic telling the diplomats that “If opposition groups resort to violence in an attempt to discredit the election, we will crush them with our full force; they will all vegetate like Birtukan (Midekssa) in jail forever.”
Meles’ hatred for Birtukan Midekssa (a former judge and the first woman political party leader in Ethiopian history), a woman of extraordinary intelligence and unrivalled courage, was as incomprehensible as it was bottomless. After throwing Birtukan in prison in 2008 without trial or any form of judicial proceeding, Meles added insult to injury by publicly calling her a “chicken”. When asked how Birtukan was doing in prison, Meles, with sarcastic derision replied, “Birtukan Midiksa is fine but she may have gained weight due to lack of exercise.” (When Meles made the statement, Birtukan was actually in solitary confinement in Kality prison on the ridiculous charge that she “had denied receiving a pardon” when she was released in July 2007.) When asked if he might consider releasing her, Meles said emphatically and sadistically, “there will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.”
Internationally acclaimed journalists Eskinder Nega, Reeyot Alemu, Woubshet Taye are all victims of arbitrary arrests and detentions. So are opposition party leaders and dissidents Andualem Arage, Nathnael Mekonnen, Mitiku Damte, Yeshiwas Yehunalem, Kinfemichael Debebe, Andualem Ayalew, Nathnael Mekonnen, Yohannes Terefe, Zerihun Gebre-Egziabher and many others.
Police chief Zemedkun is a mini-Me-les, a Meles wannabe. He is a mini tin pot tyrant. Like Meles, Zemedkun not only lost his cool but also all commonsense, rationality and proportionality. Like Meles, Zemedkun is filled with hubris (extreme arrogance which causes the person to lose contact with reality and feel invincible, unaccountable and above and beyond the law). Zemedkun, like Meles, is so full of himself that no one dare ask him a question: “I am the omnipotent police chief Zemedkun, the Absolute Master of Bole; the demigod with the power of arrest and detention. I am Police Chief Zemedkun created in the divine likeness of Meles Zenawi!”
What a crock of …!
When Meles massacred 193 unarmed protesters and wounded 763 others following the elections in 2005, he set the standard for official accountability, which happens to be lower than a snake’s knee. For over two decades, Meles created and nurtured a pervasive and ubiquitous culture of official impunity, criminality, untouchability, unaccountablity, brutality, incivility, illegality and immorality in Ethiopia.
The frightening fact of the matter is that today there are tens of thousands of mini-Me-leses and Meles wannabes in Ethiopia. What police chief Zemedkun did during the VOA interview is a simple case of monkey see, monkey do. Zemedkun could confidently threaten VOA reporter Solomon because he has seen Meles and his disciples do the same thing for over two decades with impunity. Zemedkun is not alone in trashing the human rights of Ethiopian citizens. He is not some rogue or witless policeman doing his thing on the fringe. Zemedkun is merely one clone of his Master. There are more wicked and depraved versions of Zemedkun masquerading as ministers of state. There are thousands of faceless and nameless “Zemedkunesque” bureaucrats, generals, judges and prosecutors abusing their powers with impunity. There are even soulless and heartless Zemedkuns pretending to be “holy men” of faith. But they are all petty tyrants who believe that they are not only above the law, but also that they are the personification of the law.
Article 12 and constitutional accountability
Article 12 of the Ethiopian Constitution requires accountability of all public officials: “The activities of government shall be undertaken in a manner which is open and transparent to the public… Any public official or elected representative shall be made accountable for breach of his official duties.”
Meles when he was alive, and his surviving disciples, police chiefs, generals and bureaucrats today are in a state of willful denial of the fact of constitutional accountability. (Meles believed accountability applied only to Ken Ohashi, the former World Bank country director.) The doltish police chief Zemedkun is clueless not only about constitutional standards of accountability for police search and seizure in private homes but also his affirmative constitutional obligation to perform his duties with transparency. This ignoramus-cum-police chief believes he is the Constitution, the law of the land, at least of Bole’s. He has the gall to verbally terrorize the VOA reporter, “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!!”
Freedom from arbitrary arrest and detention, unbeknown to police chief Zemedkun, is guaranteed by Article 17 (Liberty) of the Ethiopian Constitution: “No one shall be deprived of his liberty except in accordance with such procedures as are laid down by law. No one shall be arrested or detained without being charged or convicted of a crime except in accordance with such procedures as are laid down by law.” Article 19 (Rights of Persons under Arrest) 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… Everyone shall have the right to be… specifically informed that there is sufficient cause for his arrest as soon as he appears in court. Zemedkun is ready to arrest the VOA reporter simply because the reporter asked him for his last name. What arrogance! What chutzpah!
It is a mystery to police chief Zemedkun that arbitrary deprivation of liberty is also a crime against humanity. Article 9 of the 1948 Universal Declaration of Human Rights decrees that “no one shall be subjected to arbitrary arrest, detention or exile.” Article 9 of the International Covenant on Civil and Political Rights similarly provides: “no one shall be subjected to arbitrary arrest, detention or exile.” The deprivation of physical liberty (arbitrary arrest) constitutes a crime against humanity under Art. 7 (e) and (g) of the Rome Statute if there is evidence to show that the deprivation occurred as a result of systematic attack on a civilian population and in violation of international fair trial guarantees. The statements of the victims interviewed by VOA reporter Solomon appear to provide prima facie evidence sufficient to trigger an Article 7 investigation since there appears to be an official policy of systematic targeting of Muslims for arbitrary arrest and detention as part of a widespread campaign of religious persecution. The new prosecutor for the International Criminal Court, Fatou B. Bensouda, should launch such an investigation in proprio motu (on her own motion).
Meles has left an Orwellian legacy in Ethiopia. Police chief Zemedkun is only one policeman in a vast police state. He reaffirms the daily fact of life for the vast majority of Ethiopians that anyone who opposes, criticizes or disagrees with members of the post-Meles officialdom, however low or petty, will be picked up and jailed, and even tortured and killed. In “Mel-welliana” (the Orwellian police state legacy of Meles) Ethiopia, asking the name of a public official is a crime subject to immediate arrest and detention! In “Mel-welliana”, thinking is a crime. Dissent is a crime. Speaking the truth is a crime. Having a conscience is a crime. Peaceful protest is a crime. Refusing to sell out one’s soul is a crime. Standing up for democracy and human rights is a crime. Defending the rule of law is a crime. Peaceful resistance of state terrorism is a crime.
A police chief, a police thug and a police thug state
It seems police chief Zemedkun is more of a police thug than a police chief. But listening to Zemedkun go into full meltdown mode, one cannot help but imagine him to be a cartoonish thug. As comical as it may sound, police chief Zemedkun reminded me of Yosemite Sam, that Looney Tunes cartoon character known for his grouchiness, hair-trigger temper and readiness to “blast anyone to smithereens”. The not-so-comical part of this farce is that police chief Zemedkun manifests no professionalism, civility or ethical awareness. He is obviously clueless about media decorum. Listening to him, it is apparent that Zemedkun has the personality of a porcupine, the temper of a Tasmanian Devil, the charm of an African badger, the intelligence of an Afghan Hound and the social graces of a dung beetle. But the rest of the high and mighty flouting the Constitution and abusing their powers like Zemedkun are no different.
The singular hallmark — the trademark — of a police thug state is the pervasiveness and ubiquity of arbitrary arrests, searches and detentions of citizens. If any person can be arrested on the whim of a state official, however high or petty, that is a police state. If the rights of citizens can be taken or disregarded without due process of law, that is a dreadful police state. Where the rule of law is substituted by the rule of a police chief, that is a police thug state.
Although the constitution and law prohibit arbitrary arrest and detention, the government often ignored these provisions in practice… The government rarely publicly disclosed the results of investigations into abuses by local security forces, such as arbitrary detention and beatings of civilians… Authorities regularly detained persons without warrants and denied access to counsel and in some cases to family members, particularly in outlying regions… Other human rights problems included torture, beating, abuse, and mistreatment of detainees by security forces; harsh and at times life-threatening prison conditions; arbitrary arrest and detention; detention without charge and lengthy pretrial detention; infringement on citizens’ privacy rights, including illegal searches…
In its 2013 World Report, Human Rights Watch reported: “Ethiopian authorities continued to severely restrict basic rights of freedom of expression, association, and assembly in 2012… The security forces responded to protests by the Muslim community in Oromia and Addis Ababa, the capital, with arbitrary arrests, detentions, and beatings.”
Rarely does one hear human rights abusers publicly showing their true faces and confirming their victims’ allegations in such breathtakingly dramatic form. Police chief Zemedkun gave all Ethiopians a glimpse of the arrogant and lawless officialdom of Post-Meles Ethiopia. It is a glimpse of a police state in which an ignorant local police chief could feel so comfortable in his abuse of power that he believes he can travel to the United States of America and arrest and detain a journalist working for an independent agency of the United States Government. If this ill-mannered, ill-bred, cantankerous and boorish policeman could speak and act with such impunity, is it that difficult to imagine how the ministers, generals, prosecutors, judges and bureaucrats higher up the food chain feel about their abuses of power?
These are federal police. There are also civilian cadres. Sometimes they come in groups of 5-10. They are dressed in federal police uniform…. They are armed and carry clubs. They don’t have court orders. There are instances where they jump over fences and bust down doors… When they come, people are terrified. They come at night. You can’t say anything. They take mobile phones, laptops, the Koran and other things… They cover their faces so they can’t be identified. We try to explain to them. Isn’t this our country? If you are here to take anything, go ahead and take it…. They beat you up with clubs. If you ask questions, they beat you up and call you terrorists… First of all, these policemen do not speak Amharic well. So it is hard to understand them. When you ask them what we did wrong, they threaten to beat us. I told them I am a university student, so what is the problem? As a citizen, as a human being…Even they struggled and paid high sacrifices [fighting in the bush] to bring about good governance [to the people]. They did not do it so that some petty official could harass the people. When you say this to them, they beat you up…
Let there be no mistake. Zemedkun is not some isolated freakish rogue police chief in the Ethiopian police state. He is the gold standard for post-Meles governance. There are thousands of Zemedkuns that have infested the state apparatus and metastasized through the body politics of that country. For these Meles wannabes, constitutional accountability means personal impunity; illegal official activity means prosecutorial immunity; moral depravity means moral probity and crimes against humanity means legal impunity.
Cry, the beloved country
In 1948, the same year Apartheid became law in South Africa, Alan Paton wrote in “Cry, the Beloved Country”, his feeling of despair over the fate of South Africa:
Cry for the broken tribe, for the law and the custom that is gone. Aye, and cry aloud for the man who is dead, for the woman and children bereaved. Cry, the beloved country, these things are not yet at an end. The sun pours down on the earth, on the lovely land that man cannot enjoy. He knows only the fear of his heart.”
Cry for our beloved Ethiopia!!
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:
2013 shall be the Year of Ethiopia’s Cheetah Generation.
“The Cheetah Generation refers to the new and angry generation of young African graduates and professionals, who look at African issues and problems from a totally different and unique perspective. They are dynamic, intellectually agile, and pragmatic. They may be the ‘restless generation’ but they are Africa’s new hope. They understand and stress transparency, accountability, human rights, and good governance. They also know that many of their current leaders are hopelessly corrupt and that their governments are contumaciously dysfunctional and commit flagitious human rights violations”, explained George Ayittey, the distingushed Ghanaian economist.
Ethiopia’s Cheetah Generation includes not only graduates and professionals — the “best and the brightest” — but also the huddled masses of youth yearning to breathe free; the millions of youth victimized by nepotism, cronyism and corruption and those who face brutal suppression and those who have been subjected to illegal incarceration for protesting human rights violations. Ethiopia’s Cheetah Generation is Eskinder Nega’s and Serkalem Fasil’s Generation. It is the generation of Andualem Aragie, Woubshet Alemu, Reeyot Alemu, Bekele Gerba, Olbana Lelisa and so many others like them. Ethiopia’s Cheetah Generation is the only generation that could rescue Ethiopia from the steel claws of tyranny and dictatorship. It is the only generation that can deliver Ethiopia from the fangs of a benighted dictatorship and transform a decaying and decomposing garrison state built on a foundation of lies into one that is deeply rooted in the consent and sovereignty of the people.
Ethiopia’s Hippo Generation should move over and make way for the Cheetahs. As Ayittey said, Africa’s “Hippo Generation is intellectually astigmatic and stuck in their muddy colonialist pedagogical patch. They are stodgy, pudgy, and wedded to the old ‘colonialism-imperialism’ paradigm with an abiding faith in the potency of the state. They lack vision and sit comfortable in their belief that the state can solve all of Africa’s problems. All the state needs is more power and more foreign aid. They care less if the whole country collapses around them, but are content as long as their pond is secure…”
Ethiopia’s Hippo Generation is not only astigmatic with distorted vision, it is also myopic and narrow- minded preoccupied with mindless self-aggrandizement. The Hippos in power are stuck in the quicksand of divisive ethnic politics and the bog of revenge politics. They proclaim the omnipotence of their state, which is nothing more than a thugtatorship. Their lips drip with condemnation of “neoliberalism”, the very system they shamelessly panhandle for their daily bread and ensures that they cling to power like barnacles on a sunken ship. They try to palm off foreign project handouts as real economic growth and development. To these Hippos, the youth are of peripheral importance. They give them lip service. In his “victory” speech celebrating his 99.6 percent win in the May 2010 “election”, Meles Zenawi showered the youth with hollow gratitude: “We are also proud of the youth of our country who have started to benefit from the ongoing development and also those who are in the process of applying efforts to be productively employed! We offer our thanks and salute the youth of Ethiopia for their unwavering support and enthusiasm!”
The Hippos out of power have failed to effectively integrate and mobilize the youth and women in their party leadership structure and organizational activities. As a result, they find themselves in a state of political stagnation and paralysis. They need youth power to rejuvenate themselves and to become dynamic, resilient and irrepressible. Unpowered by youth, the Hippos out of power have become the object of ridicule, contempt and insolence for the Hippos in power.
Ethiopia’s intellectual Hippos by and large have chosen to stand on the sidelines with arms folded, ears plugged, mouths sealed shut and eyes blindfolded. They have chosen to remain silent fearful that anything they say can and will be used against them as they obsequiously curry favor with the Hippos in power. They have broken faith with the youth. Instead of becoming transformational and visionary thinkers capable of inspiring the youth with creative ideas, the majority of the intellectual Hippos have chosen to dissociate themselves from the youth or have joined the service of the dictators to advance their own self-interests.
Chained Cheetahs
The shameless canard is that Ethiopia’s youth “have started to benefit from the ongoing development.” The facts tell a completely different story. Though the Ethiopian population under the age of 18 is estimated to be 41 million or just over half of Ethiopia’s population, UNICEF estimates that malnutrition is responsible for more than half of all deaths among children under age five. Ethiopia has an estimated 5 million orphans; or approximately 15 per cent of all children are orphans! Some 800,000 children are estimated to be orphaned as a result of AIDS. Urban youth unemployment is estimated at over 70 per cent. Ethiopia has one of the lowest youth literacy rate in Africa according to a 2011 report of the United Nations Capital Development Fund. Literacy in the 15-24 age group is a dismal 43 percent; gross enrollment at the secondary level is a mere 30.9 percent! A shocking 77.8 per cent of the Ethiopian youth population lives on less than USD$2 per day! Young people have to sell their souls to get a job. According to the 2010 U.S. State Department Human Rights Report, “Reliable reports establish that unemployed youth who were not affiliated with the ruling coalition sometimes had trouble receiving the ‘support letters’ from their kebeles necessary to get jobs.” Party memberships is the sine qua non for government employment, educational and business opportunity and the key to survival in a police state. The 2011 U.S. State Department Human Rights Report concluded, “According to credible sources, the ruling party ‘stacks’ student enrollment at Addis Ababa University, which is the nation’s largest and most influential university, with students loyal to the party to ensure further adherence to the party’s principles and to forestall any student protest.”
Frustrated and in despair, many youths drop out of school and engage in a fatalistic pattern of risky behaviors including drug, alcohol and tobacco abuse, crime and delinquency and sexual activity which exposes them to a risk of acquiring sexually transmitted diseases including HIV. Poor youths (the overwhelming majority of youth population) deprived of educational and employment opportunity, have lost faith in their own and their country’s future. When I contemplate the situation of Ethiopia’s youth, I am haunted by the penetrating question recently posed by Hajj Mohamed Seid, the prominent Ethiopian Muslim leader in exile in Toronto: “Is there an Ethiopian generation left now? The students who enrolled in the universities are demoralized; their minds are afflicted chewing khat (a mild drug) and smoking cigarettes. They [the ruling regime] have destroyed a generation.”
Unchain the Cheetahs
Many of my readers are familiar with my numerous commentaries on Ethiopia’s chained youth yearning for freedom and change. My readers will also remember my fierce and unremitting defense of Ethiopia’s Proudest Cheetahs — Eskinder Nega, Serkalem Faisl, Andualem Aragie, Woubshet Alemu, Reeyot Alemu, Bekele Gerba, Olbana Lelisa and so many others — jailed for exercising their constitutional rights and for speaking truth to power. But in the Year of the Cheetahs, I aim to call attention to the extreme challenges faced by Ethiopia’s youth and make a moral appeal to all Hippos, particularly the intellectual Hippos in the Diaspora, to stand up and be counted with the youth by providing support, guidance and inspiration. In June 2010, I called attention to some undeniable facts:
The wretched conditions of Ethiopia’s youth point to the fact that they are a ticking demographic time bomb. The evidence of youth frustration, discontent, disillusionment and discouragement by the protracted economic crisis, lack of economic opportunities and political repression is manifest, overwhelming and irrefutable. The yearning of youth for freedom and change is self-evident. The only question is whether the country’s youth will seek change through increased militancy or by other peaceful means. On the other hand, many thousands gripped by despair and hopelessness and convinced they have no future in Ethiopia continue to vote with their feet. Today, young Ethiopian refugees can be found in large numbers from South Africa to North America and the Middle East to the Far East.
In this Year of the Ethiopian Cheetahs, those of us with a conscience in the Hippo Generation must do a few things to atone for our failures and make amends to our youth. President Obama, though short on action, is nearly always right in his analysis of Africa’s plight: “We’ve learned that it will not be giants like Nkrumah and Kenyatta who will determine Africa’s future. It will be the young people brimming with talent and energy and hope who can claim the future that so many in previous generations never realized.” We, learned Hippos, must learn that Ethiopia’s destiny will not be determined by the specter of dead dictators or their dopplegangers. It will not be determined by those who use the state as their private fiefdom and playground, or those who spread the poison of ethnic politics to prolong their lease on power. Ethiopia’s destiny will be determined by a robust coalition of Cheetahs who must unite, speak in one voice and act like fingers in a clenched fist to achieve a common destiny.
I craft my message here to the Hippos out of power and the intellectual Hippos standing on the sidelines. I say step up, stand up and be counted with the youth. Know that they are the only ones who can unchain us from the cages of our own hateful ethnic politics. Only they can liberate us from the curse of religious sectarianism. They are the ones who can free us from our destructive ideological conflicts. They are the ones who can emancipate us from the despair and misery of dictatorship. We need to reach, teach and preach to the Cheetahs to free their minds from mental slavery and help them develop their creative powers.
We must reach out to the Cheetahs using all available technology and share with them our knowledge and expertise in all fields. We must listen to what they have to say. We need to understand their views and perspectives on the issues and problems that are vital to them. It is a fact that we have for far too long marginalized the youth in our discussions and debates. We are quick to tell them what to do but turn a deaf ear to what they have to say. We lecture them when we are not ignoring them. Rarely do we show our young people the respect they deserve. We tend to underestimate their intelligence and overestimate our abilities and craftiness to manipulate and use them for our own cynical ends. In the Year of the Cheetah, I plead with my fellow intellectual Hippos to reach out and touch the youth.
We must teach the youth the values that are vital to all of us. Hajj Mohamed Seid has warned us that without unity, we have nothing. “If there is no country, there is no religion. It is only when we have a country that we find everything.” That is why we must teach the youth they must unite as the children of Mother Ethiopia, and reject any ideology, scheme or effort that seeks to divide them on the basis of ethnicity, religion, gender, language, region or class. We must teach to enlighten, to uncover and illuminate the lies and proclaim the truth. It is easier for tyrants and dictators to rob the rights of youth who are ignorant and fearful. “Ignorance has always been the most powerful weapon in the arsenal of tyrants.” Nelson Mandela has taught us that “Education is the most powerful weapon which you can use to change the world.” Educating and teaching the youth is the most powerful weapon in the fight against tyranny and dictatorship. In the Year of the Cheetah, I plead with my fellow intellectual Hippos to teach the Cheetahs to fight ignorance and ignoramuses with knowledge, enlightenment and intelligence.
We must also preach the way of peace, democracy, human rights, the rule of law, accountability and transparency. No man shall make himself the law. Those who have committed crimes against humanity and genocide must be held to account. There shall be no state within the state. Exercise of one’s constitutional rights should not be criminalized. Might does not make right! In the Year of the Cheetah, I plead with my fellow intellectual Hippos to preach till kingdom come.
We need to find ways to link Ethiopian Diaspora youth with youth in Ethiopia in a Chain of Destiny. Today, we see a big disconnect and a huge gulf between young Ethiopians in the Diaspora and those in Ethiopia. That is partly a function of geography, but also class. It needs to be bridged. We need to help organize and provide support to Ethiopian Diaspora youth to link up with their counterparts in Ethiopia so that they could have meaningful dialogue and interaction and work together to ensure a common democratic future.
The challenges facing Ethiopia’s Cheetah Generation are enormous, but we must do all we can to prepare the youth to take leadership roles in their future. We need to help them develop a formal youth agenda that addresses the wide range of problems, challenges and issues facing them. All we need to do is provide them guidance, counsel and advice. The Cheetahs are fully capable of doing the heavy lifting if the Hippos are willing to carry water to them.
Ethiopian Youth Must Lead a National Dialogue in Search of a Path to Peaceful Change
I have said it before and I will say is again and again. For the past year, I have been talking and writing about Ethiopia’s inevitable transition from dictatorship to democracy. I have also called for a national dialogue to facilitate the transition and appealed to Ethiopia’s youth to lead a grassroots and one-on-one dialogue across ethnic, religious, linguistic and religious lines. I made the appeal because I believe Ethiopia’s salvation and destiny rests not in the fossilized jaws of power-hungry Hippos but in the soft and delicate paws of the Cheetahs. In the Year of the Cheetahs, I plead with Ethiopia’s youth inside the country and in the Diaspora to take upon the challenge and begin a process of reconciliation. I have come to the regrettable conclusion that most Hippos are hardwired not to reconcile. Hippos have been “reconciling” for decades using the language of finger pointing, fear and smear, mudslinging and grudge holding. But Cheetahs have no choice but to genuinely reconcile because if they do not, they will inherit the winds of ethnic and sectarian strife.
In making my plea to Ethiopia’s Cheetahs, I only ask them to begin an informal dialogue among themselves. Let them define national reconciliation as they see it. They should empower themselves to create their own political space and to talk one-on-one across ethnic, religious, linguistic, gender, regional and class lines. I underscore the importance of closing the gender gap and maximizing the participation of young women in the national reconciliation conversations. It is an established social scientific fact that women do a far superior job than men when it comes to conciliation, reconciliation and mediation. Dialogue involves not only talking to each other but also listening to one another. Ethiopia’s Cheetahs should use their diversity as a strength and must never allow their diversity to be used to divide and conquer them.
Up With Ethiopian Cheetahs!
Africans know all too well that hippos (including their metaphorical human counterparts) are dangerous animals that are fiercely territorial and attack anything that comes into their turf. Every year more people are killed by hippos (both the real and metaphorical ones) in Africa than lions or elephants. Cheetahs are known to be the fastest animals, but their weakness is that they give up the chase easily or surrender their prey when challenged by other predators including hyenas. A group of hippos is known as a crash. A group of cheetahs is called a “coalition”. Only a coalition of cheetahs organized across ethnic, religious, linguistic and regional lines can crash a crash of hippos and a cackle of hyenas and save Ethiopia.
In this Year of Ethiopian Cheetahs, I expect to make my full contribution to uplift and support Ethiopia’s youth and to challenge them to rise up to newer heights. I appeal to all of my brother and sister Hippos to join me in this effort. As for the Cheetahs, I say, darkness always give way to light. “It is often in the darkest skies that we see the brightest stars.” Ethiopia’s Cheetahs must be strong in spirit and in will. As Gandhi said, “Strength does not come from physical capacity”, nor does it come from guns, tanks and war planes. “It comes from an indomitable will.” Winston Churchill must have learned something from Gandhi when he said, “Never give in–never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.” Ethiopian Cheetahs must never give in!
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:
There are few things more difficult or dangerous than speaking truth to abusers of power. But for Reeyot Alemu, the 31 year-old young Ethiopian heroine of press freedom, no price is high enough to keep her from being “the voice of the voiceless”. She will speak truth to power even when she is muzzled and gagged and in prison: “I knew that I would pay the price for my courage and I was ready to accept that price,” said Reeyot in her moving handwritten letter covertly taken out of prison.
“Courage is the most important of all the virtues, because without courage you can’t practice any other virtue consistently,” said Maya Angelou, the great African American civil rights advocate and literary figure. Last week, the International Women’s Media Foundation (IWMF) awarded Reeyot Alemu its prestigious “2012 Courage in Journalism Award”. Last May, I wrote a column on Reeyot (Young Heroine of Ethiopian Press Freedom), expressing my outrage over the “legal” process used to railroad her to prison:
The so-called evidence of “conspiracy” against Reeyot in kangaroo court consisted of intercepted emails and wiretapped telephone conversations she had about peaceful protests and change with other journalists. Reeyot’s articles in Feteh and other publications on the Ethiopian Review website on the activities of opposition groups were also introduced as evidence. Reeyot and Woubshet Taye [editor of Awramba Times] had no access to legal counsel during their three months in pretrial detention. Both were denied counsel during interrogations. The kangaroo court refused to investigate their allegations of torture, mistreatment and denial of medical care in detention…
Today, I am ecstatically proud to see Reeyot as a recipient of the IWMF award for 2012. When Serkalem Fasil won the same award in 2007, I was overjoyed. What can be more awesome than having young imprisoned Ethiopian journalists standing up for the truth and against tyranny and lies being recognized, honored and celebrated for their heroic efforts by the world?
But what is the “courage” for which Reeyot and Serkalem were honored? Courage comes in many forms. The soldier who fights on the battlefield despite immediate danger to his life is driven by courage. A young woman who stands up to tyranny and defiantly declares, “I will be a voice for the voiceless and am prepared to pay the price”, is equally driven by courage. But what is courage itself? The great philosophers tell us that courage is a virtue that is manifested in the endurance of our body, mind and spirit. It enables us to “stand immovable in the midst of dangers”. Others say courage is found between cowardice and rashness. Perhaps courage is a vessel that contains other virtues including perseverance, tenacity, determination, patience, compassion and moral conviction in one’s beliefs. Those who practice courage in their lives, like Reeyot and others, do so despite personal sorrow and hardship, popular opposition, condemnation or commendation or official persecution and prosecution. We should be proud to have young women like Reeyot and Serkalem and young men like Eskinder Nega and Woubshet Taye and so many other jailed and exiled Ethiopian journalists who exemplify the highest standards of courage as human beings, citizens and journalists.
Reeyot’s handwritten statement read at the IWMF award ceremony in N.Y. on October 24, 2012 is a testament to courage for the ages. When the history of freedom — press freedom– in Ethiopia is written, future generations of Ethiopians will read the words of Reeyot and others like her and take pride in the fact that when the chips were down and the heavy boots of dictatorship crushed the people and trampled over their rights, there were few who stood for truth and against falsehood; for truth and against tyranny; and for truth, honor and country. It is truly inspiring to see a young woman who is confined in one of the worst prisons in the world (a prison described as barbaric and primitive by none other than a world renowned expert hired by the ruling regime in Ethiopia) standing up defiantly and fighting a ruthless dictatorship from prison with a ballpoint pen and scraps of paper:
I believe that I must contribute something to bring a better future [in Ethiopia]. Since there are a lot of injustices and oppressions in Ethiopia, I must reveal and oppose them in my articles.
Shooting the people who march through the streets demanding freedom and democracy, jailing the opposition party leaders and journalists because of only they have different looking from the ruling party, preventing freedom of speech, association and the press, corruption and domination of one tribe are some of the bad doings of our government. As a journalist who feels responsibility to change these bad facts, I was preparing articles that oppose the injustices I explained before. When I did it, I know that I would pay the price for my courage and I was ready to accept that price. Because journalism is a profession that I am willing to devote myself. I know for EPRDF, journalists must be only propaganda machines for the ruling party. But for me, journalists are the voices of the voiceless. That’s why I wrote many articles which reveal the truth of the oppressed ones. Even if I am facing a lot of problems because of it, I always stand firmly for my principle and profession. Lastly, I want to ask the international community to understand about the real Ethiopia. The real Ethiopia isn’t like that you watch in Ethiopia television or as you listen to the government officials talk about it. In real Ethiopia, a lot of repressions are being done. My story can show you the story of many Ethiopians who are in prison because of their independent thinking. Please, try your best to change this bad reality.
If anyone should seek the real definition of courage, let them not look for it in philosophical discourses or the annals of military history. Let them read these words from Reeyot and apply them to their cause.
But I often wonder: What makes individuals like Reeyot do what they do while the rest of us do very little or nothing? Were they born with courage or did they acquire it; and if so how and where? Was courage thrust upon them by circumstances? Why is it a moral imperative for Reeyot and others like her to “dream of things that never were, and ask why not” when many of us “look at things the way they are, and ask why?”. Why did Reeyot defiantly declare from prison, “I believe that I must contribute something to bring a better future [in Ethiopia]” while many of us sit comfortably in freedom and are only concerned about contributions to bettering ourselves? Why did she resolutely proclaim, “I always stand firmly for my principle and profession.”? Why would she plead with the world, “Please, try your best to change this bad reality [in Ethiopia].” Why is it a moral imperative for Reeyot to pay a price for her courage while most of us expect to be paid handsomely for our cowardice?
I cannot even begin to fathom the extraordinary courage of young people like Reeyot. Perhaps courage is a virtue reserved for some very special young people. Perhaps many of us in the older generation have lost our nerve, our mettle, our consciences. Perhaps some of us believe courage is cowardice, shame is honor, fear is valor and falsehood is truth. I don’t know. But I do know many who live in the “capital of the free world” write lofty opinions using pen names, pseudonyms and noms de guerre. They will boldly profess the “truth” while hiding their identity in anonymity. I know many who shade, decorate and nuance the ugly truth about dictatorship with eloquent words of ambiguity, evasiveness and equivocation just to serve their personal interests. I know many who are willing to testify the whole truth about tyranny in private but not a word in public. I have heard many speak the language of silence against tyranny. I have seen many pretend to be deaf, mute and blind to crimes against humanity. I have also wondered why Reeyot and others like her are willing to pay the price for their courage and many of us lack courage. Could it be that we are unwilling to pay the price for the courage of our convictions because we have neither courage nor convictions?
I do not know Reeyot, but I know and deeply honor the courage of her moral convictions. People like Reeyot live according to ideas and beliefs that originate in higher moral, spiritual and patriotic purposes. They take a moral stand and give everything they have got for what they believe ought or should be done. They have moral concerns which reside deep in their consciences. They are driven by irrepressible impulses to help create a better world, a more just, equal and compassionate society. They are deeply concerned about their fellow human beings and the human condition. They are outraged and disgusted by injustice, abuse of power and arbitrariness because it offends their basic sense of morality. Citizens like Reeyot are neither bound nor motivated by personal gain. They do not seek the approval of others. They reject herd mentality and groupthink. They know there is a personal price to be paid for their courage and are willing to pay pay it come what may. They know the price for their courage is the price of their soul. Such is the life story of heroes and heroines!
Reeyot can walk out of that “barbaric” prison at any time. All she has to do is get down on her knees, bow down her head and beg to be “pardoned”. But Reeyot does not want a pardon because she has done nothing wrong for which she needs to be pardoned. Following her sentence in kangaroo court, Reeyot’s father, responding to a reporter’s question on whether he would advise his daughter to apologize and beg for a pardon, replied:
This is perhaps one of the most difficult questions a parent can face. As any one of us who are parents would readily admit, there is an innate biological chord that attaches us to our kids. We wish nothing but the best for them. We try as much as humanly possible to keep them from harm…. Whether or not to beg for clemency is her right and her decision. I would honor and respect whatever decision she makes… To answer your specific question regarding my position on the issue by the fact of being her father, I would rather have her not plead for clemency, for she has not committed any crime.
Robert F. Kennedy once said, “moral courage is … the one essential, vital quality for those who seek to change a world that yields most painfully to change. Each time a person stands up for an idea, or acts to improve the lot of others, or strikes out against injustice, (s)he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance.” Because our sister Reeyot stood up and exposed the injustices of Ethiopia’s tyrants, she has sent a tiny ripple of hope to 90 million of her compatriots.
I want to thank and honor Reeyot for teaching us the real meaning of courage. I thank her for sending a tiny ripple of hope to her generation (though I strongly doubt my generation could feel the tiny ripples); for standing up against tyrants and clawing at the mightiest walls of oppression with a ballpoint pen and scraps of paper. Reeyot and so many others languish in prison while the rest of close our eyes, seal our lips and plug our ears so we hear no evil, see no evil and speak no evil about evil. I believe we all have three choices in the face of the evil of tyranny. We can evade and avoid it behind a badge of shame. We can pretend there is no evil behind a badge of indifference. Or we can, like Reeyot, face evil wearing the red badge of courage and become the voice for the voiceless. If we can’t be a voice for the voiceless, could we at least be a voice for those imprisoned voices of the voiceless?
Postscript: It is painful and embarassing for me to see many Ethiopian heroes and heroines like Reeyot, Serkalem, Eskinder Nega, Woubshet Taye, Dawit Kebede and others recognized, honored and celebrated by international human and press rights organizations year after year while we seem oblivious to their extraordinary plight and personal sacrifices. Why can’t we honor them? Celebrate them? Pay tribute to them? If we don’t show love, honor and respect to our Reeyots, Serkalems, Eskinders and …, why should others?
“I believe that I must contribute something to bring a better future in Ethiopia.” Reeyot Alemu
Over the past six years, I have written numerous columns defending press freedom in Ethiopia. In a 2009 commentary entitled, “The Art of War on Ethiopia’s Independent Press”, I expressed astonishment over the heavy handed treatment of the free press: “Use a sledgehammer to smash a butterfly! That is the exquisite art of war unleashed on Ethiopia’s independent press by the dictatorship of Meles Zenawi today.”
In a 2007 column entitled “Monkey Trial in Kangaroo Kourt“, I wrote about the Kafkaesque use of the courts by the dictatorship in Ethiopia to crush dissent and suppress criticism. Franz Kafka’s famous novel, The Trial, begins with the sentence, “Someone must have been telling lies about Joseph K., for without having done anything wrong he was arrested one fine morning.” K., is ordered to stand trial before know-nothing judges who do the bidding of their invisible puppet masters. K’s guilt is a foregone conclusion. Everything about the trial is a secret — the charges, the court procedures and the judges. K cannot defend himself because he is never told what crimes he has committed. He is denied access to the evidence against him. K’s trial is delayed time and again. His lawyer is unable to help him in a system where there is neither law nor procedure.
Such is the stark portrait of Zenawi’s prosecution and conviction of journalists, dissidents and opposition political leaders in his Kafkaesque Kangaroo Kourts in Ethiopia (KKK) today. He uses lies, damned lies and loathsome lies as evidence to convict opponents and those who disagree with him under his cut-and-paste anti-terrorism law. To add political drama and add insult to injury, “sentencing” is scheduled for mid-July.
Human Rights Watch documented that the “convictions” last week, together with others over the past six months, “bring the total known number of individuals convicted of terrorism-related charges to 34, including 11 journalists, at least 4 opposition supporters and 19 others.” Zenawi can now beat his chest in triumph and do a few victory laps for “convicting” Eskinder Nega, Reeyot Alemu, Woubshet Taye, Swedish journalists Martin Schibbye and Johan Persson, and opposition party leaders and dissdents Andualem Arage, Nathnael Mekonnen, Mitiku Damte, Yeshiwas Yehunalem, Kinfemichael Debebe, Andualem Ayalew, Nathnael Mekonnen, Yohannes Terefe, Zerihun Gebre-Egziabher and many others.
None of this is new even to the casual observer. Over the years, Zenawi has been using his KKK to railroad into prison independent journalists, opposition leaders and dissidents. So say the U.S. Government and various international human rights organizations using diplomatic language. The 2010 U.S. State Department Country Reports on Human Rights Practices on Ethiopia concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence.” Human Rights Watch concluded in its 2007 report: “In high-profile cases, [Ethiopian] courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.”
Condemnation of the KKK Verdicts
There has been an outpuring of condemnation against the KKK verdicts and demands for the immediate release of the “convicted” journalists and others from various soruces. The Committee to Protect Journalists issued a statement asserting that “The Ethiopian government has once again succeeded in misusing the law to silence critical and independent reporting. Ethiopia will not hesitate to punish a probing press by imprisoning journalists or pushing them into exile.” Human Rights Watch expressed dismay: “This case shows that Ethiopia’s government will not tolerate even the mildest criticism. The use of draconian laws and trumped-up charges to crack down on free speech and peaceful dissent makes a mockery of the rule of law.” Amnesty International condemned the “trumped up” charges and declared: “This is a dark day for justice in Ethiopia, where freedom of expression is being systematically destroyed by a government targeting any dissenting voice. The verdict seemed to be a foregone conclusion.”
U.S. ambassador to Ethiopia, Donald Booth said, “I find the convictions of predominantly journalists and politicians raises questions about the compatibility of the anti-terrorism law with constitutional guarantees for freedom of expression.” According to the Embassy’s posted statement: “The arrest of journalists has a chilling effect on the media and on the right to freedom of expression. We have made clear in our ongoing human rights dialogue with the Ethiopian government that freedom of expression and freedom of the media are fundamental elements of a democratic society. A U.S. State Department spokesman explained that even though the U.S. works with the regime in Ethiopia “on certain things, you can be straight with them when you disagree with their policies in other areas, as we always are with Ethiopia with regard to press freedom.”
U.S. Senator Patrick Leahy, who two weeks ago in his statement in the Congressional Record, noted that the ruling regime in Ethiopia has made it impossible for “journalists like Eskinder Nega to do their work of reporting and peaceful political participation”, issued a strongly worded press release condemning the travesty of justice:
The Ethiopian Government’s use of vague anti-terrorism laws to silence the press has been widely and rightly condemned. The conviction of Eskinder Nega and other journalists, who are accused of nothing more than the peaceful exercise of rights clearly recognized under international law, is the work of a regime that fears the democratic aspirations of its own people. Over the years, United States administrations have provided Prime Minister Meles a veneer of legitimacy due to our shared interest in countering real terrorist threats, but he has exploited the relationship for his own political ends. It is time to put the values and principles that distinguish us from terrorists, above aid to a government that misuses its institutions to silence its critics.
Eskinder and Andualem, Invictius!
Unlike Kafka’s Joseph K. who met his end helplessly bleating out the words, “like a dog”, Eskinder and Andualem returned to their prison cells like two roaring lions sauntering to their cages. (I say, one caged lion commands more respect than a thousand free hyenas.) They knew long ago that their “conviction” was inevitable and a foregone conclusion. No journalist, dissident or opposition party leaders has ever been found not guilty by Zenawi’s KKK. Eskinder Nega, a man whose name is synonymous with the word dignity and the irrepressible symbol of press freedom not only in Ethiopia but throughout the world, had a few words of wisdom to share with the unprincipled hacks in robes: “I have struggled for peaceful democracy, and I have never disrespected any individual and I didn’t commit a crime. My conscience is clear.” The hacks tried to silence him, but as always Eskinder spoke truth to power: “You have to stand for justice, you have to allow us to say what we want… you have no right to limit our freedom of speech.”
Eskinder is a hero of a special kind. He is a hero who fights with nothing more than ideas and the truth. He slays falsehoods with the sword of truth. He chases bad ideas with good ones. Armed only with a pen, Eskinder fights despair with hope; fear with courage; anger with reason; arrogance with humility; ignorance with knowledge; intolerance with forbearance; oppression with perseverance; doubt with trust and cruelty with compassion.
It is a crying shame that Eskinder, who is a hero to so many heroes of press freedom throughout the world, should be judged by an unholy trinity of benighted, scheming and pusillanimous judicial puppets.
Andualem Aragie, the dynamic and courageous young opposition leader was defiant and unbowed:
The last six months that we have spent are days when the people of Ethiopia have struggled for their human dignity and human rights. But the people have not been fortunate enough to enjoy their democratic rights. In my generation, I have tried to struggle to the best of my ability for my children and for all the people of Ethiopia. In doing so, I did not start with malice [or ill will]. In doing so, I did not commit a crime. In doing so, I did not aim to undermine the interests of my poor country. In what I have done, I do not believe I have offended my Creator, the people of Ethiopia or my own conscience. I am in total peace. Why I am standing here is because of my yearning for freedom. This is not the first time that I have sought justice in Ethiopian courts and been denied jusitce. I will not ask for mercy [from this court] for I have committed no crime. I will graciously drink from the cup of oppression my persecutors have prepared for me for my conscience will not allow me to do anything else.
Why Does Zenawi Persecute and Prosecute the Free Press and Dissidents?
Why does Zenawi go through hell and high water to crush the few struggling independent newspapers, dissidents and opposition leaders in the country? Why does he shutter newspapers that have a circulation of just a few thousand copies when he owns ALL of the printing presses and radio and television media in the country? What is he afraid of?
The answer is simple: The Truth! Zenawi can’t handle the truth. He hates the independent press because it reflects the corruption, repression and oppression of his regime. He fears criticism and genuine expression of public opinion because he does not want to see his reflection in the true mirror of the peoples’ eyes. He much prefers to wallow in his own delusional, imaginary and virtual image of the “Great Leader of the Renaissance” reflected in the glazed and bulging eyes of his Yes-men. But as the recent history of the “Arab Spring” has shown, dictatorships are like castles built of sand which dissolve and are washed away when struck by a single sweep of the ocean’s wave. Regardless of how long dictators keep cracking down on the free press and terrorize the people, in the end they are always swept and vacuumed into the dustbin of history by the tornadic force of the people’s fury. Think of it, always!
It has to be remembered that AlShebab has assigned me secretly to make propagation activities in Ethiopia, Somaliland, Kenya and Uganda. To accomplish the task we have agreed with you through your representative Ato Mamush Sentie in Eritrea to publish propaganda articles against the Ethiopian government, against the interest of the Ethiopian people and the American government…”
Give us a break!
But we have seen it all before. Zenawi’s MO goes through three stages. First, he demonizes his adversaries. Then he criminalizes them. In the third stage, he dehumanizes them.That is how he did it to Eskinder Nega, Andualem Aragie, Dawit Kebede and so many others.
Temesgen and Feteh are now undergoing the demonization stage. In a few weeks or less, a full scale campaign will be waged against them in the regime owned media. They will be called “terrorists”, “insurrectionists”, “agitators”, “foreign agents” “spies” and whatever else the dirty tricks department can manage to fabricate. There will be frenzied “calls” to the regime from “ordinary citizens” to take action against them.
The criminalization stage will begin in a couple of months or less with a videotaped arrest of Temesgen and possibly other Feteh members in the street in much the same way as they did Eskinder Nega and Andualem Aragie. (Someone must really enjoy watching the videotape of those arrests.Eskinder’s official captors videotaped the whole arrest and laughed boisterously as Eskinder’s traumatized six year old child cried his eyes out for his daddy.)
Then, the dehumanization stage takes place in jail as they await “trial” in the KKK — torture and beatings, denial of medical care, denial of family visits, daily insults, humiliation and degradation, solitary confinement and on and on. In the end, there will be a show KKK trial for Temesgen Desalegn et al with ambassadors, representatives of international organizations and family members sitting in the gallery. The verdict and sentnece will be the same as always: Guilty, guilty, guilty… 15 years at hard labor… 20 years at hard labor… life in prison…
It is all so pathetically predictable.
Losing the Battle, Winning the War
This is the unfinished story of the war on the independent free press in Ethiopia, and the victors and the victims in that war. The final struggle between the dictators who wield swords and the journalists who wield pens, pencils and computer keyboards will be decided in a war for the hearts and minds of the Ethiopian people. I have no doubts whatsoever that the outcome of that war is foreordained. In fact, I believe that war has already been won. For as Edward Bulwer-Lytton penned in his verse, in the war between swordholders and penholders, final victory always goes to the penholders:
‘True, This! –
Beneath the rule of men entirely great,
The pen is mightier than the sword. Behold
The arch-enchanters wand! – itself a nothing! –
But taking sorcery from the master-hand
To paralyze the Caesars, and to strike
The loud earth breathless! – Take away the sword –
States can be saved without it!’
But if the paramount question is to save the Ethiopian state or to save Ethiopia’s free press, I would, as Thomas Jefferson said, save the latter: “The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.”
The Actions of Our Enemies, the Silence of Our Friends
Dr. Martin Luther King said, “We will remember not the words of our enemies, but the silence of our friends.” I would add that we will remember and forgive the words and actions of our enemies for they know not what they say and do; but the cowardice, indifference, apathy, disinterest and cold neutrality of our friends who know or should know better but stand in the face of evil with their heads bowed, eyes closed, ears plugged and lips muted, we can neither forgive nor forget!!!
I believe nothing is more important and uplifting to political prisoners than knowledge of the fact that they are not forgotten, abandoned and forsaken by their compatriots. We must stand with Eskinder Nega, Andualem Aragie, Reeyot Alemu, Woubshet Taye and the countless political prisoners in Ethiopia. Every day, they are beaten down and brought to their knees. We cannot hear their whimpers of pain and the silence of their desperation. Because they have no voice, we must be their voices and speak on their behalf. Because they are walled behind filthy prisons, we must unfailingly remind the world of their subhuman existence.
We must all labor for the cause of Ethiopian political prisoners not because it is easy or fashionable, but because it is ethical, honorable, right and just. In the end, what will make the difference for the future of Ethiopia is not the brutality, barbarity, bestiality and inhumanity of its corrupt dictators, but the humanity, dignity, adaptability, audacity, empathy and compassion of ordinary Ethiopians for their wrongfully imprisoned and long-suffering compatriots. That is why we must join hands and work tirelessly to free all political prisoners in Ethiopia.
FREE ALL POLITICAL PRISONERS IN ETHIOPIA!
FREE THE FREE PRESS IN ETHIOPIA!
Amharic translations of recent commentaries by the author may be found at:
http://www.ecadforum.com/Amharic/archives/category/al-mariam-amharic and
http://ethioforum.org/?cat=24
Previous commentaries by the author are available at:
Johan Persson and Martin Schibbye in Kangaroo Court
The old adage is that “ignorance of the law is no excuse.” Could it be said equally that arrogance excuses ignorance of the law? Dictator-in-chief Meles Zenawi recently proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while visiting Norway. He emphatically declared that the duo had crossed into Ethiopia from Somalia with insurgents of the Ogaden National Liberation Front (ONLF) as terrorist accomplices and collaborators: “They are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.”
At a “court” hearing last week, Persson denied the charges: “My intention was to do my job as a journalist and describe the conflict. Nothing else. Not guilty.” Schibbye admitted “entering the country without proper documentation. For that I am guilty and I apologize to the government of Ethiopia. But I am not guilty of terrorist activity.” Shimeles Kemal, the “chief prosecutor” was full of hyperbole when he laid out his “legal” case in a press conference. He claimed the two journalists “entered the country with a gang of terrorists. They have even been trained in using weapons. They are accused of abetting and rendering professional assistance to terrorists. Their activities go a bit beyond just journalistic news gathering.”
Criminalizing, demonizing and dehumanizing journalists, opposition leaders and dissidents as “terrorists”, “insurrectionists”, “treasonous” traitors, etc. isZenawi’s signature M.O. (method of operation). When Zenawi jailed editors of several newspapers following the 2005 elections, he described them in much the same way: “For us, these are not just journalists. They will not be charged for violating the press laws. They will charged, like the CUD leaders, for treason.” This past June, Zenawi ordered the arrest and detention of two young and dynamic journalists, Woubshet Taye, deputy editor of the weekly Awramba Times and Reeyot Alemu, columnist for the weekly Feteh, on fuzzy accusations of terrorism. Last month, Zenawi’s “chief prosecutor” ordered the arrest and detention of the distinguished Ethiopian journalist Eskinder Nega “for conspiring with terrorist organizations such as Ginbot 7 and other foreign forces who wanted to wreak havoc in the country through their terrorist activities.” When Zenawi wants to jail journalists, he simply brands them as “terrorists” or smears them with a similar label and carts them off to jail.
The Committee to Protect Journalists roundly condemned Zenawi’s statement as “compromising” the Swedish journalists’ human right to a “presumption of innocence and for predetermining the outcome of their case”. But much more is compromised, including the rule of law, principles of due process and fair trial, the universal principle that it is the accuser, and not the accused, who bears the burden of proof in a criminal case, the principle that guilt is proven in a court of law with an independent judiciary and not before a full court press or the court of international opinion. Ultimately, Zenawi’s statement compromised justice itself.
When Zenawi tagged these two journalists as “terrorist messenger boys” and “participants in the actions of a terrorist organization”, he had in fact sealed their fate and pronounced the final word in kangaroo justice. There is no way that Persson and Schibbye could possibly get a fair trial or not be convicted following such an outrageous and egregiously depraved statement by Zenawi.
Difference Between Journalists and Terrorists
Zenawi sarcastically mocked the two Swedish journalists by rhetorically asking if what they did is “journalism, I don’t know what terrorism is.” Zenawi is entitled to some basic clarification by means of concrete examples. War crimes (“the wanton destruction of cities, towns and villages, and any devastation not justified by military or civilian necessity [Geneva Convention]” are acts of state terrorism. So are crimes against humanity (“widespread or systematic attack directed against any civilian population, murder, forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, torture, [Rome Statute]”. The “systematic use of violence to create a general climate of fear in a population and thereby to bring about a particular political objective” by an “extremely powerful political police against an atomized and defenseless population” is plain old-fashioned terrorism that is familiar to the average Ethiopian citizen.
When journalists are embedded with a regular or an irregular military unit and go into a conflict or war zone, they are engaged in “combat journalism”. When journalists dig for facts in places where there is an official news blackout, they are engaged in investigative journalism. When journalists undertake dangerous assignments and cover stories firsthand from a war zone, they are often called war correspondents. When independent reporters, writers and photojournalists accept specific assignments to cover particular stories, they are engaged in freelance journalism. It is because of freelance journalists that the world has come to know so much about the war crimes and human rights abuses that took place in such places like Kosovo, Angola, Sierra Leone, Lebanon, Afghanistan, Iraq, Liberia and many other places.
Oftentimes insurgent and rebel groups distrust professional journalists affiliated with established news organizations. They are more likely to cooperate with freelance journalists who often take great risks to their own safety to undertake firsthand investigations by entering a country at war or in conflict without a visa. Schibbye has been a foreign correspondent and freelance journalist for several newspapers, including The Times, Amelia and Proletären. He has worked in Algeria, the Philippines, Cuba, Syria and Vietnam, among other countries. Persson has worked with Kontinent, a Swedish photojournalist agency, for several years and taken many dangerous assignments in various countries including the Democratic Republic of Congo and South Sudan. Both are professional journalists, and until now have never been suspected of any terrorist activity or involvement of any kind by any other country or international agency.
The Human Right to a Fair Trial
Zenawi seems to be uninformed, willfully ignorant or recklessly indifferent to the human rights of the two journalists. The fact of the matter is that Persson and Schibbye are presumed to be innocent of any and all charges of “terrorism” until they have been given a fair chance to defend themselves and their guilt proven beyond a reasonable doubt by their accusers in court. So says the Ethiopian Constitution under Art. 20 (3): “During proceedings accused persons have the right to be presumed innocent.” So says the Universal Declaration of Human Rights (UDHR) under Art. 11: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.” So says the International Covenant on Civil and Political Rights (ICCPR) under Art. 14 (2): “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” So says the African Charter on Human and People’s Rights (ACHPR) under Art. 7 (b): “The right to be presumed innocent until proved guilty by a competent court or tribunal.” Art. 13 (2) of the Ethiopian Constitution provides double guarantees: “The fundamental rights and freedoms enumerated in this Chapter shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.” (Also art. 9 (4).) Ethiopia ratified the UDHR in 1948, the ICCPR in 1993 and the ACHPR in 1998.
Article 13(1) mandates Zenawi to respect and enforce the provisions of the Constitution, including Article 20 (3). He violated his constitutional duty under Art. 9 (2) by publicly declaring the guilt of Persson and Schibbye and characterizing them as “messenger boys of terrorists”, “participants in terrorism” and terrorist accomplices before they have had a chance to present a defense and a determination of their guilt made by a fair and neutral tribunal.
The presumption of innocence is the “golden thread” in the laws of all civilized nations. It is the gold standard of fundamental fairness which places the entire burden of proof in a criminal case on the state. It is the singular duty of the prosecution representing the state to present compelling and legally admissible evidence in court to convince the trier of fact that the accused is guilty of the charges beyond a reasonable doubt. Persson and Schibbye guilt is not to be proven in a press conference in Oslo or in the court of public opinion.
The presumption of innocence requires that there be no pronouncement of guilt of the defendant by responsible officials likely to have a role or influence the judicial process prior to a finding of guilt by a court. Even when prosecutors make statements concerning the defendant to inform the public on the status of their investigation or articulate their suspicion of guilt, they have a legal and ethical duty to do so in a factual manner and narrowly limited to the allegedly violated laws, while always exercising reasonable care not to unduly prejudice the defendant’s right to a presumption of innocence or improperly influence the fact finder.
Trial by Diktat
Expecting a fair trial in kangaroo court is like expecting democracy in a dictatorship. Persson and Schibbye will be convicted by Zenawi’s diktat just as the journalists and opposition leaders were convicted before them. Following the 2005 election, Zenawi publicly declared: “The CUD (Kinijit) leaders are engaged in insurrection — that is an act of treason under Ethiopian law. They will be charged and they will appear in court.” They appeared in “court” and were convicted. In December 2008, Zenawi railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, to prison on the bogus charge that she had denied receiving a pardon. She was not even accorded the ceremonial kangaroo court proceedings. Zenawi sent her straight from the street into solitary confinement by diktat and sadistically delcared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” He “pardoned” her in October 2010. In 2009, Zenawi’s right hand man labeled 40 defendants awaiting trial “desperadoes” who planned to “assassinate high ranking government officials and destroying telecommunication services and electricity utilities and create conducive conditions for large scale chaos and havoc.” They were all “convicted” and given long sentences. For Zenawi, court trials are nothing more than circus sideshows staged for the benefit of Western donors who know better but go along to get along.
No Fair Trial Possible for the Swedish Journalists in Kangaroo Court
Everyone knows the charge of “terrorism” against Persson and Schibbye is bogus. It is a trumped up charge made by prosecutors who are directed, pressured, threatened and politically manipulated. Everyone knows there are no independent judges who preside in cases involving defendants facing “terrorism” and other political charges. Everyone knows the so-called judges in terrorism “trials” are party hacks and lackeys enrobed in judicial regalia. This is not the conclusion of a partisan advocate but the considered view of the U.S. Government and various international human rights organizations. Human Rights Watch concluded in its 2007 report: “In high-profile cases, courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.” The 2010 U.S. State Department Country Reports on Human Rights Practices concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence.”
Everyone also knows that there is no such thing as the rule of law in Ethiopia because dictatorship is very antitheses of the rule of law. Zenawi’s diktat is “The Law”, which trumps the constitution and all international human rights conventions. Ethiopia’s former president and parliamentarian Dr. Negasso Gidada described the so-called antiterrorism law as a tool of legalized terrorism which “violates citizens’ rights to privacy” and the “ rights of all peoples of Ethiopia…Such laws are manipulated to weaken political roles of opposition groups there by arresting and prosecuting them using the bill as a cover. Another major opposition leader, Bulcha Demeksa, described the same “law” as a “a weapon designed by the ruling party not only to weaken and totally eliminate all political opponents.” In other words, the “anti-terrorism law” under which the two Swedish journalists are charged is a weapon of mass incarceration and intimidation of political opponents and journalists, mass persecution of the political opposition and mass oppression of the civilian population.
The Silence of Sweden
Swedish Foreign Minister Carl Bildt has been severely criticized for his apparent indifference and failure to help the two Swedish journalists or even publicly demand their release in light of the bogus terrorism charges. Critics argue that Bildt dragged his feet and failed to secure their release in the crucial first days of the detention of the two journalists because of a potential conflict of interest as the two journalists were also investigating the activities of a company affiliated to Lundin Petroleum, a Swedish oil group which has natural gas operations in the Ogaden. Bildt is said to have served as board member of Lundin Petroleum, prior to becoming foreign minister. In January 2009, Swedish International Development Cooperation Minister Gunilla Carlsson issued a statement declaring that the “imprisonment of Birtukan Midekssa is a source of great concern both for her personally and for democratic development in Ethiopia. The scope for democracy and pluralism is shrinking in Ethiopia. The imprisonment of Mrs Midekssa and the recently adopted law regulating the activities and funding of NGOs (non-governmental organisations) are examples of this negative development.”
Swedish journalist and writer Bengt Nilsson has argued that Sweden for decades has turned a blind eye as its development aid has been used to support dictatorships and finance wars in Africa. The Swedish government’s “new policy for Africa” claims to be based upon “economic growth, deeper democracy and stronger protection of human rights as the basis for development in Africa.” How the Swedish government will “deal” its way out of the “crisis” of the two journalists will show if Sweden will continue to support African dictatorships or use it aid dollars to help democratize Africa and protect the human rights of the African peoples.
What is the Kangaroo Trial of the Swedish Journalists Really About?
Back in August 2010, Zenawi announced he will close his embassy in Sweden because “there is no development cooperation program of any substance between us and Sweden. There is no major trading relationship between us and Sweden, and no significant investment coming from Sweden to Ethiopia. It was not worthwhile to have an embassy [in Sweden]”. Diplomacy for Zenawi is striclty business. Without being too cynical, one could surmise that the terrorism charge against the two Swedish journalists is intended to provide a diversionary cover for Zenawi’s real agenda. Given Zenawi’s past M.O., it is manifest that he aims to use this opportunity to extract some major concessions from the Swedes: “If they want Persson and Schibbye freed, it’s gonna cost ’em. What are the Swedes willing to pay? How about reopneing the aid pipeline? After all, Ethiopia is the first country to have received Swedish aid back in 1954. How about some cash loans? Increased trade? Perhaps new investments? It is said that the largest investor in the whole of Sweden is an Ethiopian.” Let’s make a deal!
There is no way Zenawi could jail Persson and Schibbye for fifteen years as terrorists. He will galvanize Swedish and European Union public opinion against him personally and very possibly trigger devastating sanctions that will completely paralyze his regime. Even the Americans who have been turning a blind eye for all these years may finally take a look and tell Zenawi enough is enough. So, there is no question that after the kangaroo court circus is over Persson and Schibbye will be released. As usual, Zenawi will grandstand and declare the two journalists have been pardoned and released after they admitted guilt, expressed remorse and so on. The Swedes and some of the Western countries will play their part and congratulate him for doing the right thing and acting magnaimously; and he will continue with business as usual—more Ethiopian journalists will be jailed and threatened, dissidents harassed and opposition leaders persecuted. But the lesson remains the same: By manufacturing a bogus crisis, Zenawi, true to form, would have once again outwitted, outfoxed, outsmarted, outmaneuvered, outpoliticked, outtricked, outfinessed and outplayed his timorous Western benefactors. As the old saying goes, one has to give the devil his due for a job well done! Bravissimo!
Release all political prisoners in Ethiopia, NOW!
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ andhttp://open.salon.com/blog/almariam/
Last April, I wrote a “Special Tribute to My Personal Hero Eskinder Nega”. In that tribute, I groped for words as I tried to describe this common Ethiopian man of uncommon valor, an ordinary journalist of extraordinary integrity and audacity. Frankly, what could be said of a simple man of humility possessed of indomitable dignity? Eskinder Nega is a man who stood up to brutality with his gentle humanity. What could I really say of a gentleman of the utmost civility, nobility and authenticity who was jailed 8 times for loving liberty? What could I say of a man and his wife who defiantly defended press freedom in Ethiopia, even when they were both locked up in Meles Zenawi Prison just outside of the capital in Kality for 17 months! What could anybody say of a man, a woman and their child who sacrificed their liberties, their peace of mind, their futures and earthly possessions so that their countrymen, women and children could be free!?
The sights and sounds of an African police state
There are few things more difficult or dangerous than speaking truth to abusers of power. But for Reeyot Alemu, the 31 year-old young Ethiopian heroine of press freedom, no price is high enough to keep her from being “the voice of the voiceless”. She will speak truth to power even when she is muzzled and gagged and in prison: “I knew that I would pay the price for my courage and I was ready to accept that price,” said Reeyot 
Today, I am ecstatically proud to see Reeyot as a recipient of the IWMF award for 2012. 
The Triumph of Lies
