For the past several months, I have been commenting on the findings of the World Bank’s “Diagnosing Corruption in Ethiopia”, a 448-page report covering eight sectors (health, education, rural water supply, justice, construction, land, telecommunications and mining). In this my sixth commentary, I focus on “corruption in the justice sector”. The other five commentaries are available at my blog site.
Talking about corruption in the Ethiopian “justice sector” is like talking about truth in Orwell’s 1984 Ministry of Truth (“Minitrue”). The purpose of Minitrue is to create and maintain the illusion that the Party is absolute, all knowing, all-powerful and infallible. The purpose of the Ministry of Justice in Ethiopia is to create the illusion that the ruling regime under the command and control of the Tigrean People’s Liberation Front (TPLF) masquerading as the Ethiopian People’s Democratic Front (EPDRF) is absolute, all knowing, all-powerful and infallible.
I have long caricatured the “justice sector” of the TPLF/EPDRF as a kangaroo justice system founded on a sham, corrupt and whimsical legal process. What passes off as a “justice system” in Ethiopia is little more than a marketplace where “justice” is bought and sold in a monopoly controlled by one man supported by a few nameless, faceless and clueless men who skulk in the shadows of power. It is a justice system in which universal principles of law and justice are disregarded, subverted, perverted and mocked. It is a system where the poor, the marginalized, the audacious journalists, dissidents, opposition and civic society leaders are legally lynched despite the criticism and bootless cries of the international community. It is a system in which regime leaders, their families, friends and cronies are above the law and spell justice “JUST US”.
My first critique of the TPLF/EPDRF “justice system” appeared in 2006 when I wrote a 32-page analysis titled, “Keystone Cops, Prosecutors and Judges in a Police State.” It was written in the first year of what has become my long day’s journey into the dark night of advocacy against human rights violations in Ethiopia and Africa. The piece was intended to be a critical analysis of the trial of the so-called Kality defendants consisting of some 130 or so major opposition leaders, human rights advocates, civic society activists, journalists and others in the aftermath of the 2005 election. I tried to demonstrate that the show trial of those defendants was little more than a third-rate theatrical production staged to dupe the international community. I also tried to show how a dysfunctional and bankrupt judicial system was used to destroy political opposition and dissent. I described the “judicial proceedings” of the Kality defendants as “an elaborate hoax, a make-believe tribunal complete with hand-picked judges, trumped up charges, witless prosecutors, no procedures and predetermined outcomes set up to produce only one thing: a monumental miscarriage of justice.”
A glossy “diagnosis” of corruption in the Ethiopian justice sector
The WB’s “diagnosis” of corruption in “Ethiopia’s justice sector” is based on “interviews of 60 individuals” including “federal judges and prosecutors”, police, private attorneys, etc. in the capital and at another location. No ordinary citizens were included in the interview panel or the smaller focus groups. The study is intended to “explore the incidence of corruption in Ethiopia’s justice sector (including not only the courts but also several other organizations).” The “justice sector” includes, among others, “courts, police, prosecutors, administrative agencies with quasi-judicial powers, and public and private attorneys, prisons, and those in the executive and legislative branches responsible for enacting the laws and regulations governing their operations”.
The report begins with unusual disclaimers and apologia. The author proclaims that “this report begins from an agnostic standpoint—attempting only to document reality in Ethiopia’s justice sector and to compare it… with the situation elsewhere in African and other countries…” It is not clear what she means by “an agnostic standpoint”, but her analysis is frontloaded with servilely apologetic language manifestly intended not to offend or appear to point an accusatory finger at the ruling regime in Ethiopia. The report appears to have been written with some trepidation; perhaps the author was afraid of a backlash (tongue-lash) from the regime. The author timorously tiptoes around well-established and notorious facts about corruption in the regime’s justice sector. In light of the many disclaimers, reservations and contingencies in the report, it is obvious that the author does not want to call a spade a spade, so she calls the spade a bucket. But corruption by any disclaimer is still corruption; and Ethiopia’s justice sectors reeks of corruption.
The author claims an examination of “corruption in the justice sector is important because it undermines the peaceful resolution of conflicts, the control of corruption in other sectors, the strengthening of the normative framework underlying private and public actions (the rule of law), and the creation of a predictable environment for public and private transactions.” According to the study, corruption in the Ethiopian justice sector “takes one of two forms: (a) political interference with the independent actions of courts or other sector agencies, or (b) payment or solicitation of bribes or other considerations to alter a decision or action.” The study claims the “most common form of corruption involves bribes solicited by or offered to police to ignore a criminal offense, not make an arrest, or not bring witnesses or suspects to court (which can cause a provisional adjournment of the case). Traffic police are the worst offenders.” Another “common form of corruption” involves “payment of court staff to misplace case files or evidence” (a practice that has nearly disappeared because of new judicial policies on archive management introduced under a Canadian International Development Agency program”.
The author provides a catalogue of corrupt practices which she claims are disputed by various respondents in her study but include “(a) sales of judgments or other judicial actions in civil disputes; (b) lawyers’ solicitation of “bribes” that never reached the bench; (c) prosecutors’ misuse of their own powers, in response to bribes or political directives, to advance or paralyze a case; and (d) the corrupt actions of various officials entrusted with enforcement of judgments, especially in civil cases.” She attributes the divergence in viewpoints to a “likely gap between perceptions and reality [which] are partly a function of the persistent lack of transparency in personnel policies.”
What is remarkable about the WB “justice sector” study is the fact that the author, by focusing on the “most common form of corruption” (i.e. petty police, particularly traffic police, corruption), fails to critically probe grand corruption involving party officials and regime leaders and their cronies who routinely subvert the justice system through political interference and pressure to protect their political and economic interests. She circumvents serious inquiry into grand corruption in the “justice sector” by providing catalogues of “potential forms of criminal and civil corruption” and “corruption risks”. She appears averse to investigating high-level corruption that occurs in the process of judicial appointment of handpicked party loyalists and hacks, laws written to aid certain elites in society, or in the debasement and corruption of the integrity and independence of the judiciary. She ignores the type of justice corruption that occurs in “state capture” where economic elites develop cozy relationships with political and judicial officials through whom they obtain favorable judicial decisions to advance their own advantage. For instance, on the issue of political interference in the judicial process, the author demonstrates her “agnosticism” by reporting that “the one who came closest eventually admitted that ‘there was some [political interference], but it was very rare.’” Other responses ranged from ‘a moderate amount’ (limited to the bad apples) to the extreme of holding that ‘every civil judgment is sold.’”
Curiously, the author points an accusatory finger at petty corruption as the “most common form of corruption” distracting attention from the systemic and structural corruption in the justice sector. The importance of petty corruption must not be understated because of the serious impact it has on the lives and livelihoods of ordinary citizens interacting with police, prosecutorial and other petty judicial officials. There is ample anecdotal evidence of petty corruption in which ordinary Ethiopian citizens and businesspersons are “shaken down” by traffic cops or minor functionaries in the judicial or state bureaucracy seeking small bribes. However, though petty corruption may be easier to detect, the real focus should be on grand corruption which is systemic, structural and difficult to detect and nearly impossible to punish. Structural and systemic corruption in the legal institutions, rules, and norms and those who are practitioners in the system create, maintain and sustain a culture of corruption in the justice sector, which the author appears to overlook.
Justice corruption is primarily a systemic failure of judicial institutions, lack of political will and capacity to manage judicial resources, maintain integrity of institutions. The author makes abstract references to the usual catalogue of corruption variables but does not seek to gather data to illuminate the scope, breadth and gravity of the problem of political interference and lack of accountability in the justice system. Grand corruption in the justice sector stems from the fact that political officials have wide authority over judicial officials (from appointment to management of judicial functions); and political officials have little accountability and incentive to maintain the integrity of the justice sector. There are few functional formal systems of control in the relationship between the judicial and political processes in Ethiopia. If there ever were control systems, they have been broken for a long time making it nearly impossible to administer fairly the laws while maintaining accountability in the form of a robust reporting system and transparency in the form of robust management practices. Such institutional decay has promoted the growth of a culture of corruption in the justice sector and continues to undermine not only the broad adjudicatory role of justice sector institutions but also public confidence in the integrity of the justice system itself.
Justice sector in a police state?
Justice in a dictatorship is to justice as military music is to music. No reasonable person would consider martial law (military rule) to produce justice. By definition dictatorship — a form of government in which absolute power is concentrated in the hands of a dictator or a small clique — is the quintessential definition of injustice. Any form of government that operates in flagrant disregard of the rule of law is inherently corrupt.
I have on previous occasions tried to expose such corruption in Ethiopia’s “justice sector” with anecdotal evidence of arbitrary administration of justice or denial of fair trial to those accused of “terrorism”, “treason” and even “corruption”, opposition leaders, human rights advocates, journalists, etc. In the kinder and gentler police state that Ethiopia has become, any petty “law enforcement” official of the regime has the power to arrest and jail an innocent citizen. As I argued in my February 2012 commentary, “The Prototype African Police State”, a local police chief in Addis Ababa felt so arrogantly secure in his arbitrary powers that he threatened to arrest a Voice of America reporter stationed in Washington, D.C. simply because that reporter asked him for his full name during a telephone interview. “I don’t care if you live in Washington or in Heaven. I don’t give a damn! But I will arrest you and take you. You should know that!!”, barked the impudent police chief Zemedkun. If a flaky policeman can exercise such absolute power, is it unreasonable to imagine those at the apex of power have the power to do anything they want with impunity. The regime in Ethiopia is the petri dish of corruption and living proof that power corrupts and an absolute power corrupts absolutely.
In my view, denial of due process (fair trial) is the highest form of corruption imaginable in the “justice sector” because it results in the arbitrary deprivation of a person’s life, liberty and property. Could anyone (other than those politically connected) really expect to get a fair trial in the regime’s kangaroo courts or fair treatment in the pre-trial process?
The systemic corruption in the “justice sector” is that the law of the land is ignored, disregarded and perverted at the whim and fancy of those in power. For instance, the presumption of innocence (Eth. Const. Art. 20(3)) is openly flouted. The late leader of the regime used to routinely and publicly talk about the guilt of opposition leaders, journalists and others standing trial without so much of an awareness of the suspects’ right to a presumption of innocence or appreciation of the risk of prejudicial pretrial publicity emanating from such inflammatory statements which are prohibited under the Constitution and other international human rights regimes (e.g. Article 11 of the Universal Declaration of Human Rights, Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR) and Article 7(b) of the African Charter on Human and People’s Rights (ACHPR)). In 2011, the late leader of the regime proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while they were being tried and he was visiting Norway. He emphatically declared the duo “are, at the very least, messenger boys of a terrorist organization. They are not journalists.” Persson and Schibbye were “convicted” and sentenced to long prison terms.
Show trials by publicity and demonization are another hallmark of the regime’s justice system. Following the 2005 election, the late leader of the regime publicly declared that “The CUD (Kinijit) opposition leaders are engaged in insurrection — that is an act of treason under Ethiopian law. They will be charged and they will appear in court.” They were charged, appeared in “court” and were convicted. In December 2008, the late leader railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, without so much as a hearing let alone a trial. He sent her straight from the street into solitary confinement and later declared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” In making this statement, the late leader proclaimed to the world that he is the law and the ultimate source of justice in Ethiopia. His words trump the country’s Constitution!
In 2009, one of the top leaders of the regime labeled 40 defendants awaiting trial as “desperadoes” who planned to “assassinate high ranking government officials and destroying telecommunication services and electricity utilities and create conducive conditions for large scale chaos and havoc.” They were all “convicted” and given long prison sentences.
Violations of the constitutional rights of those accused of crimes by the regime are rampant. Article 20 (2) provides, “Any person in custody or a convicted prisoner shall have the right to communicate with and be visited by spouse(s), close relatives and friends, medical attendants, religious and legal counselors.” Internationally celebrated Ethiopian journalists including Reeyot Alemu, Woubshet Taye and many others were denied access to legal counsel for months. Ethiopian Muslim activists who demanded an end to religious interference were jailed on “terrorism” charges were also denied access to counsel. They were mistreated and abused in pretrial detention. Scores of journalists, opposition members and activists arrested and prosecuted (persecuted) under the so-called anti-terrorism proclamation were also denied counsel and speedy trials and have languished in prison for long periods. Suspects are interrogated without the presence of counsel and coerced confessions extracted. Yet, Article 19 (5) provides, “Everyone shall have the right not to be forced to make any confessions or admissions of any evidence that may be brought against him during the trial.”
Article 19 (1) provides, “Anyone arrested on criminal charges shall have the right to be informed promptly and in detail… the nature and cause of the charge against him… Article 20 (2) provides, “Everyone charged with an offence shall be adequately informed in writing of the charges brought against him. Recently, the regime arrested members of its officialdom and their cronies on suspicion of corruption and kept the suspects in detention for months without informing them “promptly and in detail the charges against them”. Although the regime’s “top anti-corruption official” claimed that the corruption “suspects have been under surveillance for two years”, on their first court appearance, the prosecutors requested a 14-day continuance to gather more evidence! There is no judicial system in the world where suspects are arrested of committing crimes after being investigated for 2 years and then the prosecution asks for endless continuances to gather additional evidence.
Injustice impersonating justice
The 2012 U.S. State Department Human Rights report concluded, “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to political influence.” The WB could have done a much better job of “diagnosing corruption” in Ethiopia’s “justice sector”. Candidly speaking, any deficiency in the report should not reflect exclusively on the World Bank or its consultants but on Ethiopians, particularly the Ethiopian intelligentsia, who do not seem find it worth their time or effort to read, challenge and supplement such reports. It seems few, very few, Ethiopian scholars and analysts take the time and effort to locate, study and critically analyze such important studies done by international institutions and other private research institutions.
I doubt the WB justice sector study will be of much value to policy makers, scholars or the casual reader. Having said that, the burden is on Ethiopian scholars in Ethiopia and abroad to work collaboratively and carefully document corruption in Ethiopia’s justice and other sectors. No study of Ethiopia’s justice sector is worthy of the title if it does not rigorously evaluate the factors that are at the core of corruption in the “justice sector” – absence of the rule of law, lack of independence of the judiciary, absence of due process, lack of impartiality and neutrality in the judicial process, the culture of corruption and impunity and the lack of accountability, transparency and confidence in the legal system. Such a study is the principal responsibility of Ethiopians, not the World Bank or its consultants. On the other hand, when the sword of justice is beaten into a sledgehammer of injustice, it is the supreme duty of ordinary citizens to expose it!
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:
When President Obama recently visited Africa, he announced a “Power Africa” initiative. In his Cape Town University speech, he proclaimed, “I am proud to announce a new initiative. We’ve been dealing with agriculture. We’ve been dealing with health. Now we’re going to talk about power: Power Africa, a new initiative that will double access to power in sub-Saharan Africa. Double it. We’re going to start by investing $7 billion in U.S. government resources. We’re going to partner with the private sector, who themselves have committed more than $9 billion in investment.”
In the speech, President Obama used the word “power” 21 times in a variety of contexts. He philosophized about “power that comes from acting on our ideals” and the “power of human beings to affect change”. He urged Africans to act “through the power of your example”. He encouraged support for programs “that empower women”. He mildly chided “those in power who make arguments to distract people from their own abuses.”
He puzzled over “what it will take to empower individual Africans” and enable Africans to have the “power to feed themselves.” He pleaded for “unleashing the power of entrepreneurship and market” and the creation of “partnership that empowers Africans.” He spoke about “the power to prevent illness and care for the sick” and “the power to connect their people to the promise of the 21st century.”
He lamented “Africa’s lack of access to power” and the need “to have power.” He “talked about power — Power Africa” and “doubling access to power in sub-Saharan Africa.” He pitied those Africans who “live currently off the power grid.”
He wistfully spoke about Nelson Mandela “leaving power” which “was as profound as his ability to claim power”. He spoke of Mugabe’s “corruption of power” and Zimbabwe’s economic collapse.
To power Africa or to empower Africans, that is the question
Africa has a power problem. There is no question about that. Africa needs protection from thugs-cum-leaders who abuse power, misuse power, confuse power and excuse and justify their abuse and misuse of power. President Obama is already powering Africa. Every year, he hands out billions of dollars to Africa’s worst dictators (excuse me, he calls them “partners”) who abuse power in countries like Ethiopia. Africa needs people power not thugs in power.
On second thought, Africa does not have a power problem. Africa has a problem of powerlessness. The people are powerless against thugtators who use power to abuse their human rights. Africans are powerless against the powerful forces of corruption – officials and their cronies who “illicitly transfer” (steal and stash) tens of billions of dollars in foreign banks. For instance, “Ethiopia lost $11.7 billion to outflows of ill-gotten gains between 2000 and 2009” and “in 2009, illicit money leaving the country totaled $3.26 billion.” Africans are powerless and disempowered against powerful election thieves who claim electoral victory by 99.6 percent. Africans are powerless against powerful warlords who seek to divide them along ethnic, religious, linguistic and regional lines. Yes, Africa’s powerless have a big problem with Africa’s powerful thugtators.
President Obama does not seem to get it. The question is not whether to power Africa but how to protect powerless Africans from those dictators America has powered and empowered by doling out billions of dollars in aid, loans and technical assistance every year. If he wants to power Africa, he should begin by empowering ordinary Africans against those who abuse and misuse their power. He should power up the youth grid that remains unused, abused and disused by those who manage the political power grid. He should use the billions of dollars of annual aid to disempower the few powerful African thugtators and empower the hundreds of millions of African youth.
Last week, in his New York Times opinion piece, Eskinder Nega, the symbol of press freedom in Ethiopia and Africa, made a simple but effective recommendation to President Obama: “I propose that the United States impose economic sanctions on Ethiopia (while continuing to extend humanitarian aid without precondition) and impose travel bans on Ethiopian officials implicated in human rights violations.” This proposal is in line with established U.S. policy. Beginning in 2001, the U.S. has imposed “targeted sanctions on the Government of Zimbabwe, including restrictions on U.S. support for multilateral financing, financial sanctions against selected individuals and entities, travel sanctions against selected individuals, a ban on transfers of defense items and services, and a suspension of non-humanitarian government-to-government assistance.” The official reason for these sanctions is the “Zimbawean Government’s increasing assault on human rights and the rule of law.” The human rights record of the regime in Ethiopia is far worse than the regime in Zimbabwe. That is a fact that can be demonstrated. President Obama should understand that what’s good for the goose is good for the gander.
If Obama wants to power Africa, let him empower African youth
President Obama has been talking about empowering African youth for years. In August 2010, he talked about launching “the Young African Leaders Initiative (YALI) as a signature initiative that supports young African leaders as they work to spur growth and prosperity, strengthen democratic governance, and enhance peace and security across the continent.” In June 2012, some “60 young African leaders” participated in “the Innovation Summit and Mentoring Partnership with Young African Leaders” for a “three-week professional development program”. To support the “empowerment of young African leaders” and provide them “significant and ongoing professional training, access to mentorship, and networking opportunities in Africa”, USAID “awarded two grants totaling $1.3 million to support the core principles of Young African Leaders Initiative.” In his Cape Town speech, President Obama told Africa’s young people: “You get to decide where the future lies. Think about it — over 60 percent of Africans are under 35 years old. So demographics means young people are going to be determining the fate of this continent and this country. You’ve got time and numbers on your side, and you’ll be making decisions long after politicians like me have left the scene.” But Africa’s young people do not have the numbers on their side. They got $1.3 million from America while Africa’s dictators get billions every year.
In June 2013, President Obama talked about “launching a new program” called the “Washington Fellowship for Young African Leaders” which is “going to give thousands of promising young Africans the opportunity to come to the United States and develop skills at some of our best colleges and universities.” A lot of nice talk and promises for African young people; but promises and talk are more convincing when one puts money where one’s mouth is. Since YALI, there has been more talk than action.
But there is another side to the African youth story. President Obama in Cape Town said, “And I’ve traveled to Africa on this trip because my bet is on the young people who are the heartbeat of Africa’s story. I’m betting on all of you.” Which segment of the African youth is he betting on? The Washington Fellowship for Young African Leaders promises to “give thousands of promising young Africans” the “opportunity to come to the United States and develop their skills.”
What about the millions of not-so-promising African youths who waste away in the urban areas without educational and employment opportunities? What about those African youths mired in rural poverty unable to get even the most basic educational services? Those young Africans who have acquired college education but are unable to find employment because they are not connected to the ruling parties in Africa? Those young Africans who are leaving the continent for menial employment in the Middle East and elsewhere and are subjected to the most inhumane conditions and treatment. Recently, BBC reported the discovery of a grave in the desert of Yemen containing some 400 bodies of young Ethiopian immigrants escaping the oppressive conditions in Ethiopia. Do the not-so-promising youth matter to President Obama?
Along the same lines, what does President Obama offer Africa’s young freedom fighters? In 2009, in Accra, Ghana, he warned, “Now, make no mistake: History is on the side of these brave Africans, not with those who use coups or change constitutions to stay in power. Africa doesn’t need strongmen, it needs strong institutions.”
Does President Obama know of brave young Africans in prison named Eskinder Nega, Reeyot Alemu, Woubshet Taye, Andualem Aragie, Olbana Lelisa, Bekele Gerba, Abubekar Ahmed, Ahmedin Jebel and so many thousands of Ethiopian political prisoners? President Obama needs to live up to the standards he set for Africans and answer one question: Is he, like history, on the side of brave Africans or is he on the side of Africa’s strongmen. President Obama must choose between making brave young Africans strong or African strongmen stronger.
Would $7 billion make a difference?
Lighting the dark continent is a daunting task. Enlightening the benighted “leaders” of the dark continent is an even more daunting fact. Over 130 years after the invention of the light bulb, the vast majority of Africans remain in total darkness. It is a historical enigma that as technology enlightens the world, Africa is enveloped in darkness. For instance, Ethiopia got a functioning telephone system in 1894 and over the past decade “invested some USD$14 billion in infrastructure development” including communications. Yet today Ethiopia has the worst telecommunications system in Africa and quite possibly the world.
Power outages and blackouts are common in every part of Africa. In June 2012, as U.S. Secretary of State Hilary Clinton began her speech at the African Union, she experienced firsthand what Africans face every day. She had to stop her speech because of power outage.
Africa’s electrical power problem is not merely low access and insufficient capacity; it also involves poor reliability and extremely high costs. The regime in Ethiopia windbags day and night about a pie-in-the-sky dam on the Nile. They say it will be the largest dam in Africa and cost USD$6-7 billion. This fantasy dam is supposed to resolve the power supply problems of not only Ethiopia but also the region and beyond. The fact of the matter is that the regime aims to export much of the power produced from the dam and not use it for domestic power self-sufficiency. It is also ironic that the regime seeks to convince the population and the world that it can run the “largest dam” in Africa when it cannot even manage efficiently the few dams that are currently in existence. Yet the regime in Ethiopia keeps on windbagging the Nile dam canard to create the grand illusion of development, hoodwink the population and panhandle China and the international banks for more and more handouts.
The World Bank says Africa needs USD$43 billion annually to improve its power infrastructure. Would dropping USD$7 billion in American tax dollars plus $9 billion from the private sector over five years to “double” the power capacity make a difference in lighting Africa or enlightening Africans? Throwing USD$3 billion a year to help “Power Africa” for 5 years sounds like chicken feed. According to IMANI, the Ghanaian Center for Policy and Education, “If all the electricity generated in Africa was shared equally, each household would have enough to power a normal light-bulb for about 3.5 hours a day per person. With President Obama’s new initiative, this can increase by roughly 18 more minutes if implementation was perfect.”
President Obama cannot power Africa by empowering Africa’s strongmen. To power Africa, he must first help empower Africa’s youth. He cannot empower Africa’s youth with promises and silky words. He cannot power Africa by empowering a few of Africa’s “best and brightest” by providing them leadership training or skills. It is said that more than 600 million of Africa’s one billion population is below the age of 25. The vast majority of these youth are poor, undereducated and with little prospect for lifetime economic viability. Vast numbers of these youths are forced to work in whatever capacity to help their families survive while losing educational opportunities that could free them from poverty. He must come up with a different plan for Africa’s not-so-promising youth. They are the majority of Africa!
The real answer to Africa’s problems lies in creating a power grid among its youth. Any program that is narrowly targeted to Africa’s talented youth will merely perpetuate existing inequalities and keep the sons and daughters of the rich and privileged at the top. The masses of youths at the bottom will not accept this condition. Sooner or later, they will rise, power up and disempower the strongmen who abuse their power. That’s how Africa will be powered and empowered, President Obama!
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:
Meles Zenawi when he was alive and his apostles today (“Melesistas”) keep playing us in the Diaspora like a cheap fiddle. They make us screech, shriek, scream and shout by simply showing their mugs in our cities. How do they do it? Every now and then, the Melesistas suit up a few of their bumbling and bungling zombies from central casting and unleash them into the Ethiopian Diaspora to “sell bonds” for the “Grand Meles Dam” to be built over the Blue Nile. Anytime these zombies show up to panhandle chump change from their supporters, a welcoming committee of defiant and patriotic Ethiopian activists show up to chase them out of town like campers at a national park chasing coyotes scrounging at the trash bin. For the past several weeks, Diaspora activists have been routing these imposters across European and American cities; but incredibly, these brazen con artists show up in the next city like snake oil salesmen at a carnival. That really piqued my curiosity. Why do these scammers show up in city after city knowing that they will be confronted and chased out by young patriotic Ethiopians? Are they really fundraising by “selling bonds” in the Diaspora or are they using “fundraising” as a cover for something altogether different? Ummm!!!
First, the irrefutable facts about the Meles Dam hogwash. As I demonstrated in my March 11 commentary, “Rumors of Water War on the Nile?”, the Meles Dam on the Blue Nile (Abay River) was the exquisite figment of Meles’ imagination, and now the phantasmic idol of worship for his discombobulated apostles. Anyone who bothers to study the facts of this so-called dam project will readily conclude that it is pie in the sky. It is “self-funded” because the multilateral lending institutions and private investors who normally bankroll such major infrastructure projects wouldn’t touch it with a ten foot pole standing a mile away. They have determined it is a white elephant. Egypt has also used its leverage to block funding sources. Egypt has contingency military plans to undam the dam if it ever comes on line.
The fact of the matter is that it is impossible for the bumbling regime in Ethiopia, which sustains itself through international panhandling, to raise the USD$6-10bn needed from the people of the second poorest country in the world. The regime does not even have sufficient foreign reserves to cover the cost of imports for three months. Its foreign debt exceeds USD$12bn; and despite windbagging about an 11 percent annual growth, the “fifth fastest growing economy in the world”, yada, yada, unemployment, inflation, mismanagement and corruption have put on life support an economy addicted to international handouts. The idea that nickels and dimes collected from Ethiopians in the country by staging “musical concerts, a lottery and an SMS campaign” and a buck or two from Diaspora Ethiopians could build such a project is simply nutty. Because the dam builders live in a fool’s paradise, they think Diaspora Ethiopians are all “fools and idiots” who will buy fantasy dam bonds. (Just as an aside, those who are buying Meles Dam junk bonds should first consider buying the Brooklyn Bridge in New York City.) Anyway, the Diaspora “bond sales” effort has been a total failure. The regime recently announced that it had collected $43,160 from its latest bond sales in San Diego, CA. Yeah! Right!
For domestic public relations purposes, the Melesistas’ strategic objective in pushing the Meles Dam hoax is to create patriotic fervor and galvanize the entire population around an object of national pride while deifying Meles and generating political support for themselves to prolong their lease on political power. The Meles Dam would at once be a hydrological temple to worship “Meles the Great Leader and Visionary” and a symbolic object of national unity that could rally massive support for the regime. The Melesistas have convinced themselves that by talking about the Meles Dam 24/7, 365 days, they can convince the people that the dam is actually under construction. They blather about building the “largest dam in Africa” and Ethiopia becoming a middle income country and a formidable regional economic power in just a few years. They talk about their “visionary leader” and how they will blindly follow his vision to the end of the rainbow where they will collect their pot of gold in the form of Meles Dam bonds. They march on chanting their mantra: “We will follow Meles’ vision without doubt or question.”
They must really think the people are “fools and idiots” (to borrow a phrase from Susan Rice) to be fooled by their silly dog and pony show and talk of pie in the sky. The Ethiopian people may not know about a “pie in the sky”, but they certainly know about the “cow they have in the sky whose milk they never see.” But careful analysis shows the Melesistas have pulled this one right out of Joseph Goebbel’s bag of tricks: “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.” Isn’t this exactly what the Melesistas are doing in Ethiopia now – repeat the dam lie, development lie and repress dissent and persecute journalist who tell the truth?
The Melesistas think they are so smart that they can hoodwink not only Ethiopians in the country but also those in the Diaspora. They put on a dam “bond selling” show to convince Diasporans that the Meles Dam is real and that it is the panacea to Ethiopia’s economic woes. “Buy dam bonds! Ethiopia will be rafting on a river of milk and honey once the Blue Nile is dammed.” But only a damned fool would believe that. According to the World Bank, Ethiopia’s “power sector alone would require $3.3 billion per year to develop” in the next decade. Currently, power tariffs are so underpriced that they range between “$0.04-0.08 per kilowatt-hour” and are “low by regional standards and recover only 46 percent of the costs of the utility.” For every dollar they spend supplying power, they lose 54 cents! In other words, these guys hawking the Meles Dam junk bonds and promising billions in profits are losing their shirts on the power they are selling right now! Why would anyone trust and buy dam bonds from those who can’t even make a damn profit from existing dams? Why would anyone buy dam junk bonds when the outlook for the energy sector in Ethiopia is so damn bleak? The Melesistas fantasize that they can pay off bondholders by selling power from the dam to the Sudan, Egypt and the Arabian peninsula. Why the hell would Egypt or the Sudan buy power from a dam that damns them by effectively reducing their water supply for agriculture and their own production of power?
The real aim of the Meles Dam is not the construction of a dam over the Blue Nile but to use the specter of the construction of a gargantuan dam on the Nile to inspire fear, loathing and dread of an imminent regional water war. Simply stated, the dam idea is an extortion scheme to scam the international community and downstream countries for more aid and loans as a price for continued regional stability, avoidance of conflict and maintenance of the status quo. Suffice it to say, one has to be a damned “fool and an idiot” to believe the Meles Dam will ever be built or buy Meles Dam junk bonds and expect a return. (Buying the Brooklyn Bridge is a much better investment.)
Shadowboxing Smoke and Mirrors
So, why do the Melsistas send zombies into the Diaspora on a fool’s errand? They know they will be shamed and disgraced and chased out of every American and European city like stray dogs at a bazaar. They know they will be lucky to squeeze a few hundred dollars at a Diaspora “bond selling” event. Do they do it because they are professional beggars and panhandlers?
There is a deceptively simple method to their madness. They send their zombies in the Diaspora to make us shadowbox smoke and mirrors. They are playing a simple but clever psychological game.
The Melesistas are getting hammered everyday by bad publicity. Hardly a day passes without some report by an international human rights, press or research organization documenting their monumental crimes against humanity. Just in the past few months, there have been numerous reports and press releases by Human Rights Watch, the Committee to Protect Journalists and a host of newspaper and television outlets, including Al Jazeera and CNN, on massive human rights violations, land grabs, ethnic cleansing, suppression of religious freedom and other issues in Ethiopia. Recently, the World Bank made public a 448-page corruption report on Ethiopia. A couple of weeks ago, the U.S. State Department released its annual Human Rights Report on Ethiopia documenting the regime’s “arbitrary killings, torture, beating, abuse, and mistreatment of detainees by security forces, harsh and life-threatening prison conditions, arbitrary arrests and detentions, detention without charge and lengthy pretrial detention, illegal searches, “villagization” (pillagization) program, restrictions on freedom of assembly, association, and movement, interference in religious affairs…” This past week, they got clobbered in the international press for a kangaroo appellate court affirmance of the 18-year sentences of the internationally-acclaimed journalist Eskinder Nega and dynamic opposition leader Andualem Aragie.
The Melesistas have become international pariahs and desperately want to change the topic from Eskinder Nega, Reeyot Alemu, Woubshet Taye, Andualem Aragie…, corruption, ethnic cleansing, land giveaways, suppression of religious freedom and interference in religious affairs and critical human rights reports. They want to take control of the international public relations agenda. They want to shed off their international image as corrupt thugs who trample on human rights and steal elections. They want to reinvent themselves as anti-poverty warriors and statesmen of economic development. They want to be seen as the new “new breed of African leaders” toiling indefatigably to eradicate poverty and promote economic development and democracy.
In a Machiavellian maneuver, they have, to some extent, succeeded in getting Diaspora Ethiopians, particularly the activists, to promote their “dam development” agenda for them in America, Europe and elsewhere. Every time Diaspora activists confront the zombie junk bond dealers and brokers, they are seen talking (but saying nothing) about development, growth, infrastructure projects and how the Meles Dam will transform Ethiopia into an economic powerhouse. (They never mention the massive foreign debt, the USD$12bn that has left the country illegally since 2001, the massive youth unemployment, accelerating population growth, etc.). They always sheath their bloody hands in the glove of development talk. When activists protest and confront these zombies, they appear to be anti-development obstructionist agitators. That’s is the exquisite trick of the Melesistas. They want the world to see Diaspora Ethiopians as a bunch of rowdy, wild, disorderly, loudmouthed, raucous, uncivil and intolerant bunch who will not even allow civil discussions of “development”. They aim to create and nurture the image of a few combative “Diaspora extremists” and an overwhelming number of silent (as a church mouse) regime supporters who are afraid to come forward (or attend their “bond selling” events) and show their support for fear of attack by the “extremists.” In the mix are the hapless Diasporans who have to go back and forth to Ethiopia to secure their property and business interests. Those guys are toast; either they pay protection money (buy dam bonds) or get jacked up on some trumped up charge and lose their properties or worse.
The Melesistas’ strategy to counter bad publicity and capture the domestic and international public relations commanding heights is based on three principles: Distract, distract and distract some more. Distract Ethiopians inside the country from critical political, social and economic issues by bombarding them with inane development propaganda. State television (which is watched by virtually no one in the country) is filled with ceaseless barrages of nauseating and mind numbing amateur development propaganda. It is vintage police state propaganda aimed at convincing a largely illiterate population that famine is plenty, decline is development, poverty is wealth, dictatorship is democracy and the man who destroyed the country is its savior.
The second strategy is to distract Diaspora Ethiopians from vigorously pursuing an agenda that promotes democracy freedom and human rights. They unleash a few smooth-talking empty suits with empty heads and let them wander from one city to another in the U.S. and Europe just to get Ethiopian activists emotionally worked up about a fantasy dam and lose their focus on issues of human rights violations, abuse of political prisoners, ethnic cleansing, suppression of religious freedoms, and myriad economic problems. Some Diaspora activists react vigorously whenever they see these hapless empty suits at “bond selling” events believing they are confronting the master criminals. Therein lies the trick. The Melesistas are so clever that they have succeeded in making some of us believe that the puppets are actually the puppet masters. We need to be aware that the empty suits they send into the Diaspora to sell the dam bonds are just schmucks and buffoons who do what they are told; or “zombies” as the great African musician Fela Kuti would have called them (“Zombie go… zombie stop…zombie turn…zombie think…” ) They are bait and are offered as scapegoats to the Diaspora. By chasing the puppets out of town, some of us feel we have chased out the puppet masters. But the puppet masters laugh at us because our victory is the victory of the shadow boxer who knocked out the shadow.
The third strategy of the Melesistas is to distract donors and human rights organizations from criticizing them on their atrocious human rights record. They want to justify and convince them that the masses of ordinary Ethiopians are interested in the politics of the belly and not the politics of the ballot. Meles declared, “My view is that there is no direct relationship between economic growth and democracy historically or theoretically.” They want to convince donors and human rights organizations that the masses do not care about human rights or democracy; they are concerned only about filling their bellies. To them, the masses of poor, illiterate, hungry and sick Ethiopians are too dumb and too damn needy to appreciate “political democracy.”
Legacy of the great manipulator
Manipulation of the Diaspora is one of the chief legacies of Meles. Wikileaks cablegrams portray Meles as a slick, scheming, crafty and cunning hombre. He could have achieved greatness but undid himself because he was unable to tame his voracious appetite for extreme vindictiveness and revenge and could not bridle his bottomless capacity for maliciousness, viciousness and obduracy. Those who claim to know Meles say he knew his opposition better than the opposition knew itself. Distraction, diversion, misdirection, hoodwinking, chicanery, paralogy and sophistry were the hallmarks of Meles’ strategy. The cunning dictator was able to shroud his corrupt empire for two decades by pursuing a propaganda policy of mass distraction and by staging one farcical political theatre after another. As I have long maintained, Meles’ “attitude was that he can outwit, outthink, outsmart, outplay, outfox and outmaneuver boatloads of Ph.Ds., M.Ds., J.Ds. Ed.Ds or whatever alphabet soup of degrees exist out there any day of the week. He seemed to think that like the opposition leaders, Ethiopian intellectuals are dysfunctional, shiftless and inconsequential, and will never be able to pose a real challenge to his power.” In a rare moment of candor responding to a journalist’s question about Diaspora Ethiopians protesting his overseas visits, Meles confessed, “We may be at fault in some way. I am sorry. That maybe we didn’t communicate well enough to those Ethiopians living abroad what is happening, what we are doing here.” Meles’ apostles keep making the same mistake. Like shepherd, like sheep! Like Meles, like Melesistas!
Criminal violations in selling unregistered securities in the U.S.
There have been questions raised about the legality of the sale of Meles Dam bonds as “securities” in the U.S. Under federal and most state laws, a “security” is broadly defined and includes stocks, bonds, debt and equity securities, notes, investment contracts, etc. Unless exempted, all securities must be registered with the Securities and Exchange Commission (SEC) and/or relevant state agencies prior to selling or offering for sale to the public. A security which does not have an effective registration statement on file with the SEC and/or the relevant state agency is considered an unregistered security. Buying or selling unregistered securities is a crime under federal and state laws. The SEC can prosecute issuers and sellers of unregistered securities under section 20(b) of the Securities Act of 1933 (which regulates original issuers) and seek injunctions if the Securities Act has been violated, or if a violation is imminent. Section 8A also allows the SEC to issue orders to issuers of unregistered securities to cease and desist and seek civil penalties under Section 20(d) if an issuer violated the Securities Act, an SEC rule, or a cease-and-desist order.
Like most states, California Corporations Code sections 25110-25118 set strict guidelines for any securities sold in that state. Any person or entity who willfully sells or transports unregistered securities through interstate commerce or buys such securities could face serious criminal liabilities under California Corporations Code section 25540, subd. (a) with penalties of incarceration for up to three years and a fine up to $1 million. California prosecutors, like their federal counterparts, could also seek injunctive relief and civil penalties.
There are a few limited exemptions to the registration requirement. One of them is an exemption “for certain foreign government securities brokers or dealers”. Pursuant to 17 CFR 401.9, “A government securities broker or dealer (excluding a branch or agency of a foreign bank) that is a non-U.S. resident shall be exempt from the provisions of sections 15C(a), (b), and (d) of the Act (15 U.S.C. 78o–5(a), (b) and (d)) and the regulations of this subchapter provided it complies with the provisions of 17 CFR 240.15a–6…” In other words, the bond “brokers and dealers” sent to the U.S. to sell the Meles Dam bonds must meet the multifarious requirements of federal securities law and other regulatory requirements including full disclosure, proof of maintenance of required books and records relating to the bond issues and written consent to service of process for any civil action arising from disputes in bond related transactions. It is highly unlikely that the “brokers and dealers” selling the Meles Dam bonds in the United States qualify under 17 CFR 240.15a–6 and 15 U.S.C. 78o–5(a).
Fight the Power, not the smoke and image in the mirror
Diaspora activists should keep their eyes on the prize, not on the smoke and mirrors of the Melesista Road Show, Carnival and Circus.
Ethiopian Americans are fortunate to live under a Constitution that guarantees our right to free expression and peaceful protest. As citizens, it is our moral duty to exercise our constitutional rights. We have recently seen Americans using their right to protest by launching the “Occupy” protest movement. Historically, the civil rights movement relied on sit-ins, sit downs, teach-ins, rallies and marches as a form of direct nonviolent action to bring about change. Nonviolent mass protests eventually led to passage of the Civil Rights Act of 1964 which ended racial segregation, and the Voting Rights Act of 1965 which removed barriers to voting. The anti-war and free speech movements relied on non-violent protests to defend expressive freedoms and end the war in Vietnam. Nonviolent protests were also used in the anti-Apartheid movement in the U.S. resulting in boycotts, divestments in corporations and spurring legislative and diplomatic action which hastened the end of Apartheid.
The main point is that Diaspora Ethiopians should be laser-focused on the prize and make sure that democracy will in the end triumph over dictatorship in Ethiopia; human rights are vindicated and human rights abusers are held accountable and any government in Ethiopia shall fear the people and the people shall never fear their government. We should not be distracted by empty suits with empty heads lurking in and out of town to scrounge up chicken feed. We should not be angry at programmed zombies at “bond selling” events because they are just wretched flunkies and bootlickers, who given the opportunity will make a beeline to the immigration office to file for political asylum. We should not mistake the puppets for the puppet masters. We should not confuse shadow for reality.
We should be aware not only when we are being abused but also used. We should never let them make us do their dirty jobs because they can cleverly manipulate our psychological disposition to righteous indignation. We should never react because that allows them to take control of our emotions and reactions. We should always act and never react. Most importantly, we should engage in proactive activism instead of reactive activism. When we are proactive, we plan things out carefully and strategically. Nonviolent protest is a highly disciplined effort. Dr. Martin L. King, Jr. taught, “In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustices exist; negotiation; self-purification; and direct action.” We should educate and train ourselves in the ways of nonviolent protest. When confronting the zombies, we should maintain a high degree of composure and display self-dignity in our expressions of defiance. At dam “bond selling ” events, protesters should adequately prepare pre-event publicity. Serious attention should given to the development of press kits and talking points. Press and law enforcement liaisons should be trained and designated. Well informed and articulate spokespersons should be selected to give press interviews. Adequate attention should be given to post-event follow up activities.
It is a great disservice to oneself and to our great cause to engage in nonviolent protest without reading and understanding Gene Sharp’s extraordinary work, “From Dictatorship to Democracy”available online for free. An Amharic translation of Gene Sharp’s book is also available online free of charge (here) for anyone to download or print. Ignorance cannot drive out ignorance, only knowledge can. We must educate ourselves in the ways of peaceful protest, or our efforts will produce few results. We are less likely to be manipulated if we keep ourselves informed and develop critical analysis skills that cut through the blather of our adversaries.
While those of us in the older generation (“Hippos”) wallow in self-pity and cynicism, it is inspiring to see young patriotic Diaspora Ethiopians (“Cheetahs”) using their right to peaceful protest to resist the zombies of tyranny. Just as the task of building a fantasy dam belongs to the Melesistas, the construction of the new Ethiopia is a task reserved for the young Cheetahs. It is painful to admit that we Hippos have not been much of a role model for the Cheetahs. We have unkindly criticized the Cheetahs for their lack of engagement, apathy and single-minded pursuit of flash and cash. We grumble that the Cheetah generation is the lost generation and there is no one to save Ethiopia (but it has been a long time since we Hippos looked into the mirror without smoke).
I am afraid there is little that Ethiopian Cheetahs could learn from Ethiopian Hippos. Perhaps Ethiopian Cheetahs can get inspiration from other Cheetahs. In the past 2 years, we have seen inexperienced youth using social media bring down dictators or force them to make radical changes in governance in North Africa and the Middle East. The key to their success was their ability to get in tune and on the same wavelength with each other, and to be able to speak the same beautiful language of peaceful change and protest. As always, I believe Ethiopian youth united — across ethnic, religious, linguistic, gender, and regional lines — can never be defeated!
“Get up, stand up, stand up for your rights. Get up, stand up, don’t give up the fight.” Bob Marley
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
http://open.salon.com/blog/almariam/
www.huffingtonpost.com/alemayehu-g-mariam/
Amharic translations of recent commentaries by the author may be found at:
“The only thing necessary for the triumph of evil is that good men do nothing”, said Edmund Burke. But what happens when evil triumphs over a good young woman journalist named Reeyot Alemu in Ethiopia? Do good men and women turn a blind eye, plug their ears, turn their backs and stand in silence with pursed lips?
In an extraordinary letter dated April 10, 2013, the Committee to Protect Journalists pled with Berhan Hailu, “Minister of Justice” in Ethiopia, on behalf of the imprisoned 32-year old journalist urging that she be provided urgent medical care and spared punishment in solitary confinement at the filthy Meles Zenawi Prison in Kality just outside the capital Addis Ababa.
Prison authorities have threatened Reeyot with solitary confinement for two months as punishment for alleged bad behavior toward them and threatening to publicize human rights violations by prison guards, according to sources close to the journalist who spoke to the International Women’s Media Foundation on condition of anonymity.CPJ has independently verified the information. Reeyot has also been denied access to adequate medical treatment after she was diagnosed with a tumor in her breast…
Last week Reeyot was declared winner of the “UNESCO / Guillermo Cano World Press Freedom Prize 2013.” That award recognizes “a person, organization or institution that has made an outstanding contribution to the defence and/or promotion of press freedom anywhere in the world, especially when this has been achieved in the face of danger.” The $25,000 prize will be awarded on the occasion of World Press Freedom Day on May 3, 2013.
In December 2012, Reeyot, along with three other courageous independent journalists, received Human Rights Watch’s prestigious Hellman/Hammett Award for 2012 “in recognition of their efforts to promote free expression in Ethiopia, one of the world’s most restricted media environments.”
Reeyot’s trial in Meles’ kangaroo court was a template for miscarriage of justice. She was held in detention for three months with no access to legal counsel. She was denied counsel during interrogation. The kangaroo court refused to investigate her allegations of torture, mistreatment and denial of medical care in pre-trial detention. The evidence of “conspiracy” consisted of intercepted emails and wiretapped telephone conversations she had about peaceful protests and change with other journalists abroad. Her articles posted on various opposition websites were “introduced” as “evidence” of conspiracy.
Human Rights Watch was confounded by the idiocy of the terrorism charges: “According to the charge sheet, the evidence consisted primarily of online articles critical of the government and telephone discussions notably regarding peaceful protest actions that do not amount to acts of terrorism. Furthermore, the descriptions of the charges in the initial charge sheet did not contain even the basic elements of the crimes of which the defendants are accused….”
Amnesty International denounced the judgment of the kangaroo court: “There is no evidence that [Reeyot and the other independent journalists] are guilty of any criminal wrongdoing. We believe that they are prisoners of conscience, prosecuted because of their legitimate criticism of the government. They must be released immediately and unconditionally.”
PEN American Center “protested the harsh punishment handed down to” Reeyot and Woubshet and demanded their “immediate and unconditional release.” PEN asserted the two journalists “have been sentenced solely in relation to their peaceful exercise of their right to freedom of expression, in violation of Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and People’s Rights, to which Ethiopia is a signatory.”
The International Women’s Media Foundation saw the kangaroo court trial as an intimidation tactic against all independent women journalists: “The fact that the Ethiopian Government pursues and persecutes courageous, brave and professional women journalists does not bode well particularly for young women who may be interested in journalism. As a result, women’s voices (as reporters, editors, journalists, decision-making chambers) are rarely heard and women’s issues are often relegated to secondary position.”
Following Reeyot’s kangaroo court conviction, her father told an interviewer his daughter will not apologize, seek a pardon or apply for clemency. “As a father, would you rather not advise your daughter to apologize?”
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.
Meles offered Reeyot her freedom if she agreed to snitch on her colleagues and help railroad them to prison. She turned him down flat and got herself railroaded into solitary confinement. Even in prison, Reeyot remained defiant as she informed IWMF: “I believe that I must contribute something to bring a better future. Since there are a lot of injustices and oppressions in Ethiopia, I must reveal and oppose them in my articles.”
The problem of evil in Ethiopia
Over the hundreds of uninterrupted weekly commentaries I have written over the years, I have rarely strayed much from my professional fields of law and politics. I make an exception in this commentary by indulging in philosophical musings on evil, a subject that has puzzled me for the longest time (and one I expect to ruminate over from time to time in the future) but one I never considered opining about in my public commentaries. I am mindful that there is the risk of sounding pedantic when one reflects on “Big Questions”, but pedantry is not intended here.
My simple definition of evil is any human act or omission that harms human beings. For instance, convicting an innocent young journalist on trumped up “terrorism” charges, sentencing her to a long prison term and throwing her into solitary confinement is evil because such acts cause great physical and psychological pain and suffering. Ordering the cold-blooded massacre of hundreds of unarmed demonstrators is evil because that act arbitrarily deprives innocent people of their God-given right to life. Forcibly displacing indigenous populations from their ancestral homes and selling their land to outsiders is evil because that act destroys not only the livelihood of those people but also their history and social fabric. Trashing the rights of individuals secured in the law of nations is evil because it is a crime against humanity and an affront to human decency and all norms of civilization. Discriminating against a person based on ethnicity, language and religion is evil because it deprives the victims of a fundamental right of citizenship. Albert Camus argued evil is anything that prevents solidarity between people and disables them from recognizing the rights or values of other human beings. Stealing elections in broad daylight and trying to deceive the world that one won an election by 99.6 percent is evil because such an act is an unconscionable lie and theft of the voice of the people. Stealing billions from a poor country’s treasury is evil because such theft deprives poor citizens vital resources necessary for their survival.
The evil I struggle to “understand” is that evil viciously committed by ordinary or sub-ordinarypeople in positions of political power. Such persons believe they can cheat, rob, steal and kill with absolute impunity because they believe there is no force on earth that can hold them accountable.
I am also concerned about the evil of passive complicity by ordinary and extraordinary people who stand silent in the face of evil. What is it that paralyzes those “good men and women” who can stand up, resist and defend against evil to cower and hide? Why do they pretend and rationalize to themselves that there really is no evil but in the eye of the beholder? What evil binds the blind, silent and deaf majority? Dr. Martin Luther King, Jr. taught, “He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it.”
I should clarify my use of the word “understand” in the context of evil. One can never understand evil. The Holocaust and the Rwanda Genocide are evils beyond human understanding and reason. To “understand” the deaths of millions or hundreds of thousands of innocent human beings is to implicitly justify it and somehow diminish its enormity. To “understand” the deliberate and premeditated murder of 193 unarmed protesters is beyond understanding because there could never be adequate reason, explanation or argumentation to justify it. “Understanding” such evil is tantamount to suggesting that there are or could be justifications for its occurrence.
When I use the word “understand”, I mean to suggest only that I am trying to get some insight, a glimpse of the moral makeup of people who live in a completely different moral universe than myself. It is impossible for me to see the world through the eyes of those in power who perpetrate evil in Ethiopia. When I speak of the triumph of evil in Ethiopia, I realize that there is nothing I can say by way of reasoned argument or presentation of evidence to persuade those in power to forsake their evil ways and deeds. I have concluded that those in power in Ethiopia live on a planet shielded by the equivalent of a moral Van Allen radiation belt that keeps out all cosmic rays of virtue, decency and goodness.
Let me also clarify what I mean when I speak of the audacity of evil in Ethiopia. The evil I am talking about is not the evil that Aquinas’ wrestled with in Questions 48 and 49 of Summa Theologica. Nor I am concerned about the evil Spinoza determined originates in the mind that lacks understanding because it is overwrought by fickle emotions. Neither am I concerned with evil that, for most of us, is associated with the Devil and his lesser intermediaries. I am not concerned about inanimate non-moral evil which manifests itself in the form of famine, pestilence and plague. I am also not referring to that evil lurking deep in the nihilistic being of those soulless, heartless and mindless psychopaths who are so disconnected from the rest of humanity that they feel justified in slaughtering innocent people at a sports event.
I am concerned about the evils of ordinary human wickedness and bestial human behavior that Aristotle alluded to in Nicomachean Ethics. I am concerned about gratuitous evil (pointless evil from which no greater good can be derived) committed by ordinary and sub-ordinary wicked people whose intellect is corrupted, and their bestial counterparts who are lacking in intellectual discernment. Such evil is cultivated in the soil of arrogance, ignorance, narcissism, desire for domination, self-aggrandizement and hubris. Those who commit gratuitous evil do so audaciously, willfully, recklessly and impulsively because they feel omnipotent; because they fear no retribution; because they anticipate no consequences for their evil deeds. They know they are committing evil and inflicting unspeakable and horrific pain and suffering on their victims but nonetheless go about doing evil with calculation and premeditation because they believe they are beyond morality, legality, responsibility and accountability. Hubristically relying on their power, they have exempted themselves from all rules of civilized society. They believe that their stranglehold on power gives them a license to commit evil at their pleasure and therefore make a habit of doing evil for evil’s sake. They are incapable of remorse or regrets because they have made evil their guiding “moral” principle.
My musings on the audacity of evil in Ethiopia are not intended to be abstract philosophical reflections but observations with practical value for victims of evil. I have an unshakeable belief that there will come a time in Ethiopia when the demands of punishment, blame and justice would have to be weighed against the greater good of peace, harmony and reconciliation. There will come a time when the open wounds of ethnic division, hatred and sectarianism must be healed and safeguards put into place to prevent their future recurrence. I believe insight into the nature of gratuitous evil is an important step in the healing process. By “understanding” (gaining insight) why individuals and groups in power commit gratuitous evil, it may be possible for Ethiopians to develop the courage, perseverance, fortitude and spiritual strength to move towards a reconciled and peaceful society. That is exactly what the South Africans did by instituting their Truth and Reconciliation Commission (TRC) after Apartheid ended. Perpetrators of gratuitous evil were given the option to come to a public hearing and confess the evils they have committed and seek not only amnesty and immunity from civil and criminal prosecution but also forgiveness from their victims and the survivors of their victims. The Commission largely succeeded in that mission. The Rwandan “Gacaca courts” (traditional grassroots village courts composed of well-respected elders) which were established to administer justice to those alleged to have committed genocidal acts similarly sought to achieve “reconciliation of all Rwandans and building their unity” by putting justice partially into the hands of the surviving victims or victims’ families who are given the opportunity to confront and challenge the perpetrators in the open. The Rwandans also achieved a measure of success.
What has been learned from the TRC of South Africa and Rwanda’s Gacaca courts is that the act of forgiving can be an activity that victims of evil can find enormously helpful and beneficial. By publicly confronting the perpetrators, victims gain a sense of psychological satisfaction, moral vindication and physical well-being. The victims are no longer tormented by the desire for revenge and retribution. Coming to terms with the enormity of gratuitous evil makes it easier for a society to reconcile and prevent the recurrence of such evil.
Touched by evil
The Socratic thesis is that no one does evil intentionally. In other words, men and women commit evil out of ignorance which blinds them from doing right and good and deprives them of the practical wisdom to know the difference between right and wrong and good and evil. Evil doers are morally blind and unable to value other human beings while overestimating their own value and worth.
Why do those in power in Ethiopia commit the gratuitous evil of throwing into solitary confinement an innocent young woman who has been internationally honored and celebrated for her journalistic courage? Could it be the evil of misogyny that makes powerful men derive sadistic pleasure from the humiliation, degradation, dehumanization, depersonalization, demoralization, brutalization and incapacitation of strong-willed, intelligent, defiant, principled and irrepressible women who oppose them?
The gratuitous evil that is inflicted on Reeyot by those in power in Ethiopia is only the latest example. The exact same evil was inflicted on Birtukan Midekssa, the first woman political party leader in Ethiopian history, who was thrown into solitary confinement for months at Meles Zenawi Prison because she stood up and opposed him. The same evil in different form was inflicted on Serkalem Fasil, another world-renowned female Ethiopian journalist who was imprisoned and forced to give birth in prison. The common denominator between these three women is that they are strong, self-confident, determined and principled and risked their lives to stand up to a brutal dictatorship. Because they refused to back down, they suffered the most inhumane treatment at the hands of powerful men.
Solitary confinement in Meles Zenawi Prison is used as a psychological weapon to drive the victims mad. By depriving victims of all human contact and by denying them access to any information about the outside world, the aim is to make them feel lost and forgotten. Solitary confinement for women is a particularly insidious from psychological torture intended to humiliate and breakdown their physical, psychological, spiritual and moral integrity. Those in solitary confinement in Meles Zenawi Prison are not allowed to visit with friends. They are denied access to books. They are not allowed to meet their legal counsel. Family visits are interrupted even before smiles are exchanged; and even hugs and kisses with family members are forbidden. Solitary confinement is a dirty psychological game played by those in power to plunge the victims into the depths of despair, sorrow and confusion and make them feel completely helpless and hopeless.
When Meles threw Birtukan into solitary confinement, he just did not want her to suffer. That would be too easy. He wanted to humiliate and dehumanize her. When she was in solitary confinement, he used a cruel metaphor describing her as a “silly chicken who did herself in”. While in solitary confinement, he mocked and took cheap shots at her telling the press that that she is “in perfect condition” but “may have gained a few kilos”. He wanted her to suffer so much that he told reporters, “there will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” He wanted Birtukan to be the living dead in solitary confinement. Providence had a different plan.
We are banned Ethiopian journalists who were charged with treason by the government of PM Meles Zenawi subsequent to disputed election results in 2005, incarcerated under deplorable circumstances, only to be acquitted sixteen months later; after Serkalem Fasil prematurely gave birth in prison.Severely underweight at birth because Serkalem’s physical and psychological privation in one of Africa’s worst prisons, an incubator was deemed life-saving to the new-born child by prison doctors; which was, in an act of incomprehensible vindictiveness, denied by the authorities. (The child nevertheless survived miraculously. Thanks to God.)
Do those who slammed Reeyot and Birtukan in solitary confinement and forced Serkalem to give birth in one of the filthiest prisons in the world realize what they are doing is evil? Do they care about the suffering of these young women?
Birtukan has survived and continues to thrive. Serkalem struggles to survive every day as she agonizes over the unjust imprisonment of her husband Eskinder. Reeyot, I believe, will survive in solitary confinement because she is a strong woman of faith and conviction. Solitary confinement to persons of faith and conviction is like fire to steel. It brings out the best in them. Nelson Mandela was imprisoned for 27 years; but is there a man alive who is more compassionate, humane, kindhearted and forgiving than Mandela?
Sigmund Freud wrote about the kind of sadistic gratuitous evil driven by deep-seated hatred and aggression against women. Other psychologists see the root of gratuitous evil in personality “fragmentation” caused by feelings of rejection and inferiority. They say those who commit gratuitous evil seek to “defragment and hold themselves together” by degrading and feeling superior to their victims. Others have argued that beneath the gratuitous evil that perpetrators commit lies a profound emptiness filled by sadistic rage, anger, and hatred.
I believe those in power in Ethiopia commit gratuitous evil to obtain absolute obedience and respect. As Stanley Milgram’s obedience experiments (and in other aspects the Zimbardo (Stanford) experiments) have shown, those in authority seek to secure obedience by establishing social models of compliance. In other words, those in power aim to teach by harsh example. If you are an independent journalist and do your job, you will be jacked up on bogus terrorism charges, held in detention, thrown in solitary confinement and tortured. If you challenge a stolen election and protest in the street, you will be shot in the streets like a rabid dog. By using extreme violence, those in power in Ethiopia seek to create not only an atmosphere of fear but also a culture of terror. The experiments have also shown that resistance can also be taught by example. Reeyot, Serkalem, Birtukan, Eskinder, Woubshet, Andualem are social models of resistance.
Hanna Arendt observed Adolf Eichmann, one of the major organizers of the Holocaust, at his trial in Jerusalem and found him to be “medium-sized, slender, middle-aged, with receding hair, ill-fitting teeth, and nearsighted eyes, who throughout the trial keeps craning his scraggy neck toward the bench.” He appeared to be a common man incapable of monstrous crimes. The banality of evil is the capacity of ordinary people to commit monstrous crimes. The audacity of evil is the capacity of ordinary and sub-ordinary people to commit evil not out of necessity, obedience to authority or even adherence to ideology; it is evil committed by those who are absolutely convinced that they will never be held accountable for their crimes.
Doing evil, doing good
I have many unanswered questions. Are the individuals in positions of power in Ethiopia evil by nature? Was evil thrust upon them by a demonic power? Were they victims of evil themselves and now seek to avenge the actual or perceived evil done to them and ended up being evil themselves? Did they become the very monster they slew? Are there persons who are innately incapable of doing good because they are bad seed and are born with a natural disposition to do only wrong and evil? Is gratuitous evil a psychological illness, an incurable sickness of the soul?
My questions do not end there. No one is immune from evil. Those of us who rise up in self-righteous indignation and denounce evil should look at ourselves and ask: If we were shown “all the kingdoms of the world and their splendor”, would we succumb to that offer and choose the path of evil? Nietzsche said, “When you look long into an abyss, the abyss looks into you.” When we raise our lances at the windmills, do we really see monsters? Let us not forget that “He who fights monsters should see to it that he himself does not become a monster.” Are we also brutes, like those we criticize, costumed in a veneer of civilization and morality untested and unseduced by the corrupting power of power? Are human beings innately good, and evil people merely mutations of good ones?
The evil that men do lives after them
The late Meles Zenawi has left a dark and bleak legacy of gratuitous evil in Ethiopia. The evil he has done shall continue to live in the prisons he built, the justice system he corrupted and the lives of young good Ethiopians he destroyed like Reeyot, Eskinder, Serkalem, Birtukan, Woubshet, Andualem and countless others. In Shakespeare’s Julius Ceasar, Antony speaks: “The evil that men do lives after them; The good is oft interred with their bones. So let it be with Ceasar.”
When I speak of Meles, I speak not of the man but of the wretched legacy he left and of the pious devotion of his disciples to that legacy. His disciples today speak of his great achievements and his great vision with Scriptural certitude and apostolic zeal. Their mantra is, “We will follow Meles’ vision without doubt or question.” One must speak out against pre-programmed robots; but raging against the machine should not be mistaken for raging against the man.
I remain optimistic that in the end good shall triumph over evil because the ultimate battle between good and evil in Ethiopia will not be waged on a battlefield with “crashing guns and rattling musketry”; nor will it be fought and won in the voting booths, the parliaments, the courts or bureaucracies. The battle for good and evil will be fought, won or lost, in the hearts and minds of ordinary Ethiopian men and women who have the courage to rise up and do extraordinary good.
Elie Wiesel, a prisoner in the Auschwitz, Buna, and Buchenwald concentration camps, and Nobel peace laureate said “indifference is the epitome of evil” and
“swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere. When human lives are endangered, when human dignity is in jeopardy, national borders and sensitivities become irrelevant. Wherever men or women are persecuted because of their race, religion, or political views, that place must – at that moment – become the center of the universe.
I have taken the side of Reeyot Alemu, Eskinder Nega, Serkalem Fasil, Birtukan Midekssa, Woubshet Taye, Andualem Aragie…. and made them the “center of my universe”.
(to be continued….)
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:
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:
Talking about corruption in the Ethiopian “justice sector” is like talking about truth in Orwell’s 1984 Ministry of Truth (“Minitrue”). The purpose of Minitrue is to create and maintain the illusion that the Party is absolute, all knowing, all-powerful and infallible. The purpose of the Ministry of Justice in Ethiopia is to create the illusion that the ruling regime under the command and control of the Tigrean People’s Liberation Front (TPLF) masquerading as the Ethiopian People’s Democratic Front (EPDRF) is absolute, all knowing, all-powerful and infallible.
Power, power, power…
Triumph of Evil?
Last April, I wrote a “
The sights and sounds of an African police state