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Ethiopia: The Politics of Fear and Smear

fs2011: Dictatorship, corruption and the politics of fear and smear

In December 2011, I wrote a commentary entitled, “Ethiopia: Land of Blood or Land of Corruption?” contrasting two portraits of Ethiopia. At the time, the portrait painted by Transparency International (TI) (Corruption Index) and Global Financial Integrity (GFI) showed Ethiopia as a land blighted by  systemic corruption. GFI reported that “Ethiopia, which has a per-capita GDP of just US$365, lost US$11.7 billion to illicit financial outflows between 2000 and 2009. In 2009, illicit money leaving the economy totaled US$3.26 billion, which is double the amount in each of the two previous years.” TI gave Ethiopia a score of  2.7 on the Corruption Index (on a scale of 0 – 10, where 0 means “highly corrupt” and 10 means “very clean”).

At that time, the dictatorial regime, which is still in power today, sought to portray Ethiopia as a country under siege by traitorous terrorists. In a fear-mongering three-part propaganda “documentary” entitled “Akeldama” (or Land [field] of Blood, taken from  Acts 1:19 referring to a field said  to have been bought by Judas Iscariot with the thirty pieces of silver he got for betraying Jesus)  shown on ruling party-owned television service, the regime sought to depict Ethiopia as a country under withering terrorist attack by Ethiopian Diaspora opposition elements and their co-conspirators inside the country and other “terrorist” groups. “Akeldama” began with a proclamation on the arrival of a bloodbath doomsday in Ethiopia: “Terrorism is destroying the world. Terrorism is wrecking our daily lives, obstructing it. What I am telling you now is not about international terrorism. It is about a scheme that has been hatched against our country Ethiopia to turn her into Akeldama or land of blood. For us Ethiopians, terrorism has become a bitter problem….”

“Akeldama” stitched revolting and gruesome video clips and photomontage of terrorist carnage and destruction throughout the world to tar and feather all opponents of the late Meles Zenawi as stooges of Al-Qaeda and Al-Shabaab in Somalia. Gratuitously horrific images of dead bodies of babies and little children lying on the ground, fly-infested corpses of adults oozing blood on the asphalt, severed limbs scattered in the streets, burned vehicles, bombed buildings, doctors treating injured victims and footage of the imploding Twin Towers in New York City on September 11, 2011 were blended in a toxic video presentation to hypnotize and paralyze the population with fear and loathing. Following an orgiastic presentation of carnage and destruction, that “documentary”  pointed an accusatory finger at “ruthless terrorists” who are “destroying our peace” and “massacring our loved ones”. In a haunting voice, the narrator exhorts, “Let’s look at the evidence. In the past several years, there have been 131 terrorist attacks; 339 citizens killed; 363 injured and 25 kidnapped and killed by terrorists.”

By weaving deceitful, deceptive and distorted narratives between grisly spectacles of alleged terrorist atrocity, cruelty, brutality, bestiality and inhumanity from the world over, “Akeldama” hoped to create rabid public hysteria against Ethiopia’s opposition elements and justify the regime’s violent crackdowns on opposition elements. That propaganda hogwash gained little traction in the public mind.

2013: Dictatorship, corruption and the politics of fear and smear

Fast forward to February 2013. A recent exhaustive 448-page World Bank report revealed that Ethiopia has one of  the most corrupt-to-the-core regimes in the world.  According to this report, Ethiopia’s “Telecommunications Sector” is Corruption Central, the Ground Zero of Corruption: “Despite the country’s exceptionally heavy recent investment in its telecoms infrastructure, it has the second lowest telephone penetration rate in Africa. Amid its low service delivery, an apparent lack of accountability, and multiple court cases, some aspects of the sector are perceived by both domestic and international observers to be deeply affected by corruption.” Ethiopia’s “Construction Sector exhibits most of the classic warning signs of corruption risk, including instances of poor-quality construction, inflated unit output costs, and delays in implementation.” Corruption in the “Justice Sector” rears its ugly head in the form of “political interference with the independent actions of courts or other sector agencies, or payment or solicitation of bribes or other considerations to alter a decision or action.” Corruption in the “Land Sector” is built into the law itself: “The capture of state assets by the elite can occur through the formulation of policy that favors the elite.”

On February 5, 2013, the ruling regime in Ethiopia broadcasted a one hour “documentary” entitled “Jihadawi Harakat” (“Holy War Movement”) purportedly aimed at exposing Islamic extremists and terrorists preparing for a “holy war” to establish an Islamic government in Ethiopia. This “documentary” is nothing less than a declaration of an unholy war against Ethiopian Muslims. “Jihadawi Harakat” is a maliciously conceived and executed propaganda campaign right down to the diabolical title which seeks to portray Ethiopian Muslims peacefully demanding respect for their human rights as the handmaidens of such jihadist terrorist movements as Hamas (Harakat al-Muqawama al-Islamiyya), Harakat al-Jihad al-Islami al-Filastini and the Abu Sayyaf (terror group in the southern Philippines) group’s Al Harakat al-Islamiyya.

“Jihadawi Harakat” is very similar in tone and content to “Akeldama”. The principal difference is that “Jihadawi Harakat” targets Ethiopian Muslims for persecution and vilification. The “documentary” as a whole argues that Ethiopian Muslims who asked for  nothing more than respect for their basic human rights and non-government interference in their religious affairs are merely local chapters of  blood thirsty terrorist groups such Boko Haram (Nigeria), Ansar al Din (Mali),  Al Qaeda, Al Shabaab, Hamas… Despite the lip service disclaimer that the “documentary” is about a “few terrorists taking cover behind the Islamic faith to commit terrorism” in Ethiopia, this “documentary” stands as an ugly testament to official state religious intolerance and persecution rarely seen anywhere in Africa.

There are lies, naked lies, damned lies and sleazy lies. “Jihadawi Harakat” is all four. After viewing this revolting  “documentary”,  I recalled the furious words of the late Meles Zenawi when the European Union Election Observer Group confronted him with the truth about his theft of the May 2010 election by 99.6 percent. Meles was so angry that he got caught, he condemned the EU election report as “trash that deserves to be thrown in the garbage.” This phony, vile, shallow, pretentious, noxious and histrionic docutrash is such a pile of crap that it deserves to be flushed into the sewer.

First, let us establish the facts on the demands of Ethiopian Muslims. According to the U.S. Commission on International Religious Freedom, an independent body constituted by the Congress and the President of the United States to monitor religious freedom worldwide:

Since July 2011, the Ethiopian government has sought to impose the al-Ahbash Islamic sect on the country’s Muslim community, a community that traditionally has practiced the Sufi form of Islam. The government also has manipulated the election of the new leaders of the Ethiopia Islamic Affairs Supreme Council (EIASC).  Previously viewed as an independent body, EIASC is now viewed as a government-controlled institution.  The arrests, terrorism charges and takeover of EIASC signify a troubling escalation in the government’s attempts to control Ethiopia’s Muslim community and provide further evidence of a decline in religious freedom in Ethiopia. Muslims throughout Ethiopia have been arrested during peaceful protests: On October 29, the Ethiopia government charged 29 protestors with terrorism and attempting to establish an Islamic state.

The jihadists are coming, again?!

“Jihadawi Harakat” is not the first time the regime in power in Ethiopia has pulled the jihadist bogeyman out of their back pockets to scare the people of Ethiopia. Back in November 2006, a month before Meles Zenawi’s tanks “blitzkrieged” their way into Mogadishu killing tens of thousands of innocent Somali civilians and displacing over a million, I wrote a commentary  entitled, “The Jihadists are Coming!” I argued that Meles Zenawi had fabricated the Somali jihadist terrorist threat out of whole cloth to deflect attention from his dismal human rights record and repression and to buy the good will and diplomatic support of the U.S.:

Here we go again! Trot out the Somali jihadist bogeyman (aya jibo). Get out the smoke machine and mirrors. Show time! Act I. Narrator Zenawi: “Somalia is becoming a haven for terrorist. The sheiks of terror have declared an unholy war on Ethiopia, and the U.S. of A. They are on the outskirts. Patriots and countrymen, defend the homeland!…

But the whole jihadist business smacks of political fantasy. It’s surreal. Mr. Zenawi says the Somali jihadists and their Al Qaeda partners should be opposed and defeated because they are undemocratic, anti-democratic, oppressive and authoritarian. The jihadists don’t believe in human rights and do not allow political or social dissent. They are fanatics who want to impose one-party rule… Duh!!! Has Mr. Zenawi looked at the mirror lately?…

… Mr. Zenawi says the Somali jihadists are lurking behind every desert rock and boulder. He wants Ethiopians to come out and fight them in every hamlet, town and city. We want Ethiopians to come out of the jails and prisons and rejoin their families. We want them to come out into the streets and peacefully express themselves, show their opposition to government policies and actions, engage in constructive dialogue with their fellow citizens and enjoy basic human rights… Now, we have a choice to make. We can follow along the Zenawi Road Show and entertain ourselves with stories of the Somali jihadist bogeyman, Mickey Mouse and the Easter Bunny. Or we can stay focused on the real issues of human rights, civil liberties, the rule of law and democracy in Ethiopia.

Meles used the jihadist bogeyman in 2006 to plunge Ethiopia into the civil war in Somalia. In 2013, his disciples hope to use same jihadist bogeyman to plunge Ethiopia into internecine sectarian civil war.

“Jihadawi Harakat” or the art of Islamophobia

“Jihadawi Harakat” is such a revoltingly amateurish piece of propaganda  that one could easily dismiss it as dimwitted cartoonish gibberish and sophomoric fear mongering melodrama. But that would be a serious mistake because this vicious docutrash scandalizes, villiainizes, slanders and vilifies Ethiopia’s Muslim community. As lame and as cynical as this docutrash is, its tacit propaganda aim is to present a “morality play” of “evil” Muslims against “good” Christians. It is intended to scare Christians into believing that the same Muslims with whom they have coexisted peacefully for a millennia have now suddenly been transformed into “Islamic terrorists” and are secretly planning to wage a jihadist war on them to establish an Islamic government. Just as “Akeldama” sought to demonize, dehumanize, anathematize, demoralize and barbarize all of Ethiopia’s dissidents and opposition groups as a confederation of blood thirsty terrorists, “Jihad Harekat” seeks to do exactly the same thing to Ethiopian Muslims by creating Islamophobic hysteria in Ethiopia.

Careful review and analysis shows the ruling regime sought to accomplish a number of propaganda objectives with this docutrash: 1) tar and feather all Muslims who demand respect for their basic human rights and regime non-interference in their religious affairs as blood thirsty terrorists, fanatical jihadists and homicidal maniacs, 2) inflame Christian passions to incite hatred and spread distrust and suspicion against Muslims; 3) vilify Muslims and create a climate of fear, loathing and intolerance which the regime hopes will trigger mass hysteria, persecution and discrimination against Muslims; 4) divert the attention of the population from the desperate  economic, social and political issues of the day by feeding them ugly fantasies of jihadists Ethiopian Muslims planting bombs and planning terrorist acts to create an Islamic state, and 5) establish the moral justification for ruthlessly cracking down and clamping down on Muslims who have asked for nothing more than respect for their religious liberties and official non-interference in the administration of their religious affairs. Of course, the regime desperately wants to divert public attention from its massive corruption documented in the World Bank’s exhaustive 448-page report.

Anatomy of a Docutrash

For those who do not wish to waste their time viewing this pile of bull manure (make sure to hold your nose if you must watch it) passing off as a “documentary”, here is a summary. The docutrash opens with a text-image insert announcing, “An evidence-based documentary on a few individuals who have used the Islamic faith as a cover to conduct terrorist activities. A documentary prepared in collaboration with the national intelligence service, federal police and Ethiopian television and radio organization. It presents evidence on how a few  individuals have taken cover behind the Islamic faith and tried to implement the terrorist plans of Al Qaeda and Al Shabaab in Ethiopia.”

For 13 seconds, the text image insert slowly recedes on the screen; and without warning the face of a menacing “terrorist” set against a pitch black background emerges and scrolls to the right on the screen for 8 seconds to inspire a foreboding sense of fear and panic in the viewer. The same man whose picture has been photoshopped to make him look wild-eyed and sinister appears  and gives the first “evidence” by “confessing” in a soft voice and gentle demeanor, “The jihad is between Muslims and those who are not Muslims.”

The “evidence” presented consists of  “confessions” (mostly 2 0r 3 sentence incriminating admissions by the “suspects” unaccompanied by the questions of the interrogators) of some of the 29 terror suspects mentioned in the report of the U.S. Commission on International Religious Freedom referenced above. (The terror suspects giving “confessions” are currently on trial and the regime broadcasted  the “documentary” in flagrant violation of a court order not to do so.)

Following the “confession” of the man admitting to a jihad between Muslims and non-Muslims, a video clip of riotous young men (insinuating that they are Muslim rioters) running away  from something is shown. Video clips likely scarfed from the internet immediately follow showing turbaned and disguised jihadists from all over the world wreaking havoc in unnamed places.  A text-image follows announcing, “Boko Haram in Ethiopia.” Young Ethiopian Muslim men are briefly shown at a peaceful gathering protesting. A  young Muslim leader is shown speaking to a group and claiming that Muslims are being “accused of being terrorists, criminals and seeking power.” More photos of turbaned and armed terrorists are shown followed by a video clip of Muslim terrorists digging up a cache of arms from a hole in the ground. A bearded Muslim man appears and states, “We have prepared the weapons and the manpower needed for the war against the government and our aim is to establish an Islamic government.” Photomontage of terrorists from other parts of the world brandishing AK47s and RPGs  follow along with more video clips of terrorists blowing up buildings. Civilians are shown running away from scenes of terrorists attacks. Unnamed terrorists are shown marching in the bushes. Photoshopped pictures of the same bearded suspects shown at the very beginning of the video are scrolled time and again across the screen to give the creepy impression that the “confessing” suspects are stalking the viewer like beasts  of prey. For another 58 minutes, the same theme is repeated over and over again with snippets of “confessions” sandwiched between scenes of armed terrorists and terrorist devastation.

Rule of Law or Rule of Ignoramuses

Leaders of the ruling regime often trumpet their allegiance to and defense of their Constitution. Last September propaganda meister Bereket Simon, after telling and retelling the world the Big Lie about Meles’ health and death, waxed eloquent day after day about constitutional succession and the game of official musical chairs to be played in the post-Meles period. As “communications minister”, Simon authorized the broadcasting of the “Jihadawi Harekat” docutrash. One really wonders how these “champions of the Ethiopian Constitution” seem to be enlightened only about those provisions they like but are willfully benighted about the parts they don’t like such as the rights of the accused.  It reminds one of a line from Shakespeare, “The devil can cite Scripture for his purposes.” Are they cunningly malicious or just plain ignorant? For years, I have been saying that preaching constitutional law (the rule of law) to the regime in Ethiopia is like preaching Scripture to a gathering of heathen. These vacuous imposters  would not recognize the Constitution if it ran them over like a Mac truck.

What needs to be doubly underscored in the case against the 29 Muslim “terror suspects”, including those who allegedly confessed in “Jihadawi Harakat”  are three important facts: 1) All of the “suspects” are pretrial detainees entitled to full procedural due process protections provided in the Ethiopian Constitution and various other binding international human rights conventions. 2) There is substantial evidence to show that the “suspects” who allegedly confessed did so under coercion. In the case of one “suspect”, for instance, a video of the interrogation and “confession” shows him  handcuffed.  3)  All  of the 29 “terrorism suspects” in custody are political  prisoners.

In terms of the flagrant disregard for the constitutional and human rights of the suspects, one cannot be unimpressed by the abysmal depth of ignorance and depraved indifference of the regime leaders. The  Ethiopian Constitution under Art. 20 (3) provides: “During proceedings accused persons have the right to be presumed innocent.” They seem to be totally clueless (or don’t give a damn) of their obligation under international human rights conventions which are incorporated expressly into the Ethiopian Constitution under Article 13. The Universal Declaration of Human Rights (UDHR) provides under Art. 11: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.” The International Covenant on Civil and Political Rights (ICCPR) under Art. 14 (2): “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” The African Charter on Human and People’s Rights (ACHPR) provides under Art. 7 (b): “The right to be presumed innocent until proved guilty by a competent court or tribunal.” The presumption of innocence requires that there be no pronouncement of guilt of the defendant by responsible public officials prior to a finding of guilt by a court of law.  Moreover, the “confessions” obtained in this docutrash are in flagrant violation of the prohibition on coerced  admissions and confessions and the exclusionary rule in Article 19 (5) which provides that  the accused “shall not be compelled to make confessions or admissions which could be used in evidence or against them. Any evidence obtained under coercion shall not be admissible.”

The sad irony in the case against the Muslim “terror suspects” is that the kangaroo court which issued the injunction against the broadcasting of the docutrash will not have the integrity or the guts to throw out all of the “confessions” or impose  other sanctions including criminal contempt citations against those who willfully disobeyed its order and/or dismiss with prejudice the case against the defendants for such an egregious and outrageous violation of their fair trial rights.

Frankly, I must confess that I take a bit of perverse pleasure in being fully vindicated. For years, I have been saying that there is no rule of law in Ethiopia and the courts are kangaroo courts puppet-mastered by the political bosses. Is there any doubt now that the miscarriage of justice has become justice in Ethiopia?

A desperate dictatorship and the art of sewage politics

With this docutrash, the dictators in Ethiopia have proven not only that they can get lower than a snake’s belly in a wagon rut but also that they are the grandmasters of  sewage politics. The fact of the matter is that the only proven cases of terrorist carnage in Ethiopia were committed by the regime. In “Akeldama”, the regime claimed “131 terrorist attacks; 339 citizens killed; 363 injured and 25 kidnapped and killed by terrorists” over the preceding decade. However, the official Inquiry Commission established by Meles Zenawi determined that in just a few days following the election in May 2005, security troops 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 [which were intended] not to disperse the crowd of protesters but to kill by targeting the head and chest of the protesters.” In September 2011, the world  learned “Ethiopian security forces (had) planted 3 bombs that went off in the Ethiopian capital Addis Ababa on September 16, 2006  and then blamed Eritrea and the Oromo resistance for the blasts in a case that raised serious questions about the claims made about the bombing attempt against the African Union summit earlier this year in Addis Ababa, Ethiopia.” It was the U.S. Embassy in Addis Ababa which conducted its own “clandestine reporting” and fingered “GoE (Government of Ethiopia) security forces” for this criminal act. If all other acts of state terrorism committed against Ethiopian civilians were to be included, the body count would be in the hundreds of thousands. Those who point an accusatory index finger to tar and feather others with charges of terrorism  should be careful to see which way the other three fingers are pointing.

“Jihadawi Harekat” is a smear campaign designed to vilify, malign, demean and marginalize Ethiopian Muslims. It is a vicious propaganda effort aimed at poisoning the centuries-old peaceful relations between adherents of the Islamic and Christian faiths in Ethiopia. It is an outrageous piece of propaganda designed to promote irrational fears of Muslims and Islam in Ethiopian society and facilitate the creation of conditions that will eventually lead to the  persecution, discrimination and exclusion of Muslims  from the political, social, economic and  public life of the nation. “Jihadawi Harekat” is out-and-out Islamophobia.

We should never tolerate or yield to Islamophobia in Ethiopia!

Release all political prisoners in 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:

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

http://ethioforum.org/?cat=24 

    

  

Ethiopia: Educating a Dictator

Alemayehu G. Mariam

Voice of America is the Voice of the Voiceless

The Voice of America’s (VOA) Journalist Standards & Practices (document 11-023 and 11-024), under the section captioned “WHAT DO VOA’S AUDIENCES HAVE A RIGHT TO EXPECT? Audiences ‘ Bill of Journalism Rights” provides that VOA’s audiences have the:

right to expect that journalists will monitor power and give voice to the voiceless. The press should use its watchdog power to uncover things that are important and new and that change community thinking… The press should monitor all the key centers of power in the community-including but not limited to government.

Last week, a visiting delegation of the VOA Broadcasting Board of Governors (BBG) in Ethiopia was served an  ultimatum by dictator Meles Zenawi: If the VOA wants the electronic jamming of its broadcasts to Ethiopia stopped, it must silence and banish from its microphones the voices of specific individuals in the Ethiopian  Diaspora and some within Ethiopia. The delegation told Zenawi that the VOA is voice of the voiceless, not the silencer of the  already voiceless.

It was an amazing display of nerve, hubris and insolence. In what amounts to a black list of enemies, Zenawi handed the VOA delegation a roster of well-known Ethiopian opposition leaders, activists and advocates who have long championed the causes of democracy, freedom and human rights in Ethiopia. Among the individuals Zenawi wanted blackballed by the VOA include Paulos Milkias, Beyene Petros, Getachew Metaferia, Seeye Abraha, Merra Gudina and Berhanu Nega. But the black “list goes on” with the names of numerous other individuals. This author is reportedly among the individuals the VOA was asked to ban.

My hat’s off to the VOA’s BBG for upholding its “Audiences ‘ Bill of Journalism Rights” and legal mandates against such a brazen assault on its journalistic integrity and professionalism.

The Irony of Defending a Dictator

It is ironic that Zenawi is now trying to take away my right to speak freely in America sitting in his palace in Ethiopia.  Last September, I stood up to defend his right to speak freely in America, at Columbia University’s World Leaders Forum. I was perhaps the only individual in the in the Ethiopian pro-democracy opposition who stepped forward and publicly and vigorously defended Zenawi’s right to speak at that Forum. I faced withering criticism and censure in public and private for defending Zenawi’s right. So many were disappointed in me for taking such a public stand. Some openly questioned my sanity suggesting that I was living in my “academic fantasyland” to defend such a “ruthless dictator”. Others pitied me for being “hopelessly naïve”. Some even doubted my integrity by suggesting that I had “sold out” to Zenawi by defending his right to speak in America.

I am glad to have defended Zenawi’s right to speak, and would do so again without hesitation. The ultimate proof of one’s unwavering belief in freedom of expression is one’s unwavering acceptance of the right of free expression of those whose views one considers abominable. That was why I stood up and unreservedly defended Zenawi’s right to speak at Columbia:

But as a university professor and constitutional lawyer steadfastly dedicated to free speech, I have adopted one yardstick for all issues concerning free speech, Article 19 of the Universal Declaration of Human Rights: ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’ I underscore the words ‘everyone’ and ‘regardless of frontiers…’

Though I condemn Zenawi for his abuse, mistreatment and cruelty against Serkalem and Eskinder and other journalists, disagree with him on his repeated theft of elections, trashing of the human rights of Ethiopian citizens, boldfaced lies about economic growth… unjust incarceration of Birtukan Midekssa… crackdown on the press and civil society organizations, subversion of the legislative process to mill out repressive laws…  I shall vigorously defend his right to speak not just at Columbia but at any other public venue in the United States of America.

Now, Zenawi tries to strong-arm the VOA into taking my right of free speech in America by having me and others blackballed.  Zenawi has sealed the mouths, plugged the ears and poked out the eyes of 80 million Ethiopians. Now he has the temerity, the sheer audacity to demand the VOA to do his dirty job in America!?!

I am not sure whether to laugh out loud, take offense or express outrage at such a brazenly impudent attempt to interfere with the right of free speech and of the press in America. But this is not the first time Zenawi has tried to jerk the VOA or other international broadcasters. In 2005, he charged five Ethiopian-born VOA journalists in his kangaroo court on trumped up “genocide” and other charges. Last year, he likened the VOA to Rwanda’s genocide-Radio Mille Collines. Zenawi has managed to intimidate Deutche Welle (DV) (German Radio Ethiopia Broadcast) editors into keeping his critics off the air by orchestrating a campaign or fear and smear. The fact of the matter is that Zenawi can intimidate and threaten Deutsche Welle and the independent press in Ethiopia. But he will never be able to do the same to the VOA!

One is left wondering if Zenawi has a clue about speech and press freedoms in America. Does he really believe the VOA or any other individual or institution in America has the power to muzzle, censor, blackball or otherwise prevent any person in America from exercising their freedom of expression?  Does he really believe he can intimidate the VOA into abandoning its legal duties and mandates and journalistic standards to accommodate his paranoid need for a complete and total news and information blackout in Ethiopia? How does one respond to the ignorantly arrogant and arrogantly ignorant?

Educating a Dictator: Freedom of Speech in America 101

The German literary figure Johann Wolfgang von Goethe observed, “There is nothing more frightful than ignorance in action.” There is nothing more frightful to the system of American liberties than the insidious  demand by Zenawi to gag, muzzle and blackball his critics in America and forever ban them from appearing on VOA programs and broadcasts.  By making such an insolent and criminal demand, Zenawi showed not only his abysmal ignorance of the American Constitution and law but also struck a blow at the very heart of the most precious of all American liberties: freedom of speech and of the press. Zenawi’s blacklist for the suppression of the free speech rights of American citizens and others is no less threatening than an attack by Al-Qaeda on the American homeland.  The only difference is that Al-Qaeda schemes to take American lives, Zenawi American liberties.

Free speech and the free press are the bedrock and cornerstones of American society. Free speech and the free press are what make America, America, and not prison nation Ethiopia. Without free speech and the free press, there is no America! What makes America different from any other nation in the world is her Bill of Rights of which the First Amendment – the right to expressive freedoms — is foremost, her fiercely independent judiciary and the American people’s unyielding commitment to individual freedom. Zenawi has the gall to demand an agency of the U.S. Government blacklist American citizens and others!

It is obvious that Zenawi needs a basic lesson in the First Amendment to the U.S. Constitution.

The First Amendment to the U.S. Constitution is unquestionably the paramount element of the U.S. Constitution. It guarantees freedoms of religion, speech, writing and publishing, peaceful assembly, and the freedom to raise grievances with the Government. The constitutional language used in securing these rights is crystal-clear, sweeping, uncompromising and unambiguous: “Congress shall make no law… abridging the freedom of speech, or of the press…” “No law” means no government official or institution has the power to restrict, censor, suppress, restrain, muzzle or blackball any American citizen or inhabitant of the U.S. from exercising their right to free speech or restrain the independent press from performing its institutional functions.

Political speech in America is sacred and given the highest level of constitutional protection. Any person in America has the right to publicly criticize, denounce, condemn and berate any government institution or leader with impunity. The right of Americans to criticize their government evolved over centuries of struggle for individual rights. Like Zenawi today, in 1735, long before the American Republic was established, the greedy and arrogant British Governor of New York, William Cosby, tried to prosecute newspaper publisher John Peter Zenger for badmouthing him (seditious libel).  Cosby lost as Zenger was acquitted by a jury. Zenger’s case laid the foundation for press freedom in America.

In 1798, the Federalist Congress passed the Alien and Sedition Acts with the aim of punishing influential Republican newspaper editors and opposition leaders for badmouthing the president, Congress, or the government. Under the Act, a Congressman was convicted and imprisoned for calling President Adams a man who had “a continual grasp for power.”  The Act expired in 1801 and President Jefferson pardoned the two dozen people convicted under that Act.

At the onset of the American Civil War in 1861, President Lincoln tried to silence his critics by suspending the right of citizens to challenge their detention (writ of habeas corpus) by military authorities. The Supreme Court struck down Lincoln’s order, and in a passionate defense of American liberties wrote:

By the protection of the law human rights are secured; withdraw that protection, and they are at the mercy of wicked rulers, or the clamor of an excited people… The nation…has no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the Constitution. Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln; and if this [broad power of martial law] be conceded, the dangers to human liberty are frightful to contemplate.

Towards the end of WW I, Congress enacted the Sedition Act of 1918 with the aim of punishing communists, socialists, anarchists and anti-war protesters who criticized the United States government. The U.S. Supreme Court established the so-called “clear and present danger” test as an evidentiary standard in criminal prosecutions to determine if the speech in question presented a real and immediate danger to the public. That test proved useless and was abandoned.

For the last 50 years, the powers of the U.S. federal and state governments to regulate and interfere in freedom of speech and of press have been severely curtailed. Just in the past couple of months, the U.S. Supreme Court struck down laws that interfered with the free speech rights of those on the outer fringes on American society. In one case, it ruled in favor of the right of a church group that protests at the funerals of soldiers and Marines killed in the wars in Afghanistan and Iraq. The First Amendment protects even the rights of members of such a lunatic fringe determined to dishonor the memories of American heroes who gave up their lives to defend the  free speech and protest rights of such a group.

In another case, the Court struck down a California law that sought to prohibit distastefully violent video games: “The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it.” Last year the Court ruled that corporations have the same free speech rights as natural persons holding: “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”

The jurisprudence of free speech and press and protection for dissenters and government critics has a long and honored tradition in America. In 1971, in the “Pentagon Papers” case, the U.S. government attempted and failed to prevent the New York Times and the Washington Post from publishing classified documents packed with damaging revelations about America’s conduct of the Vietnam War. In 1967, the State of New York attempted and failed to require state employees to declare their loyalty to the state or face dismissal from their jobs. In 1973, the Court upheld the right of individuals who have an interest in obscene material.

In 1989, the state of Texas attempted and failed in its efforts to criminalize the burning of the American flag in political protest. In 1992, the Supreme Court affirmed the free speech rights of hate-mongering Neo-Nazis and racist Klansmen. The government does not even have the power to discriminate against the viewpoints of this lunatic fringe. In 1997, the Supreme Court struck down indecency laws applying to the Internet keeping Congress out of regulation of the great equalizer: The Internet.

Zenawi may have been inspired by the short and sordid history of blacklisting in America. In the early 1950s, Senator Eugene McCarthy began a communist witch hunt by creating a blacklist of Americans suspected of communist ties and disloyalty. After falsely and recklessly accusing numerous individuals, McCarthy was censured by the Senate in 1954. He died no better than a skid row drunk in 1957.

President Nixon drew up a list of his critics in his “Political Enemies Project” in 1971. Nixon and his crew  discussed “how we can use the available federal machinery to screw our political enemies.” Two years later, Nixon screwed himself and his crew out of a job when he resigned in total disgrace, and forty members of his administration were either indicted or jailed.

American presidents have been criticized, vilified and insulted not just by ordinary individuals but also the members of the press, opposition political leaders and the press. When Jimmy Carter talked about “ethnic purity”, Jesse Jackson slammed him for resorting to “Hitlerian racism.” The unions depicted and lashed out against President Ronald Reagan as the “enemy of working people”. The Libertarians reviled Reagan for being a “war monger.” Newsweek tagged President George Bush, Sr. a “wimp”. Bush felt so hurt by that label he commented on June 16, 1991: “You’re talking to the guy that had a cover of a national magazine, that I’ll never forgive, put that label on me.”

President George W. Bush, Jr. has been criticized, humiliated, vilified, ridiculed and everything else for his policies, personality, performance, mispronunciation of English words and for inventing his own “language” of “Bushism”. Members of the “Tea Party” have compared President Obama to Adolf Hitler and caricatured him in the image of all sorts of wild animals.  A popular radio show host accused Obama of “planning a terrorist attack against the U.S.” Sara Palin accused Obama of “palling around with terrorists who would target their own country.”

The point is that there is not a damn thing American presidents can do to stop citizens from criticizing them, denouncing their policies, ridiculing their lifestyles or discrediting their ideas. That is the American way. If Zenawi thinks he can have the VOA blacklist and gag his critics in America, I would like to know on what planet he spends most of his time.

Blacklisting Ethiopians and Ethiopian Americans in America: Potential Violations of American Law?

If the demand for blacklisting had been done by any branch of the U.S. government, state governments or any subdivision or agency of any government in the U.S. or any private individual, legal action could lie under 18 U.S.C. sections 241(conspiracy against rights) and 242 (deprivation of rights under color of law) and other federal criminal statutes prohibiting solicitation to commit a crime. There are also avenues for a private right of action in Federal Court for violation or attempted violation of a constitutional/civil right. Solicitation and attempt by a foreign government to deprive American citizens or inhabitants of the U.S. of constitutional/civil rights in the United States presents legal issues of the utmost seriousness.

Truth: The Dictators’ Nightmare

One of the great justices of the U.S. Supreme Court wrote: “Censorship reflects society’s lack of confidence in itself.  It is a hallmark of an authoritarian regime.” I say censorship reflects the lack of confidence of a leader who cannot defend his ideas or vision, if he ever had one. If Zenawi should take one lesson from everything that is written here, it is simply this: In America, everyone has the absolute right to express his/her political views on whatever issue they desire. Neither Congress, the President of the United States nor a dictator from Africa has the power to take that right away.

We live in the United States of America, not the Benighted States of America. Zenawi has silenced the voices of 80 million people in the Dystopia of Ethiopia he has created over the past 20 years. He will never be able to do what he has done in Ethiopia in the United States of America. Let all “wicked men, ambitious of power, with hatred of liberty and contempt of law” take a lesson from history: “No dictator, no invader, can hold an imprisoned population by force of arms forever. There is no greater power in the universe than the need for freedom. Against that power, governments and tyrants and armies cannot stand.”

July 4, 2011

Today is July 4, 2011. Exactly 235 years ago, America declared its independence from colonial tyranny that flagrantly dispossessed Americans of their basic liberties: Freedom of speech, freedom of the press, freedom of assembly, the right to a fair and speedy trial and more. It is the irony of ironies that 235 years later, another  generation must rise up to defend these scared liberties against an African tyrant.

Long live freedom of speech and of the press in America and in Ethiopia!

The author’s prior commentaries on the VOA are available here: In Defense of the Voice of America and Let Ethiopians Hear America’s Voice.