September 3, 2012 · 13 Comments
By Professor Alemayehu G. Mariam
It is time to bury the hatchet and move forward in Ethiopia! Nelson Mandela taught that “If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner.” I would add that your enemy also becomes your friend and your ally. Historically, when warring nations of Native Americans made peace with each other, they would bury their axes (hatchets) into the ground as a symbolic expression of the end of hostilities. I say today is the perfect time for all Ethiopians to bury the hatchet of ethnic division, religious sectarianism, regional conflict and human rights violations. It is the perfect time to shake hands, embrace each other and get our noses to the grindstone to build a new democratic Ethiopia where the rule of law is upheld and human rights and democratic institutions respected.
Today, not tomorrow, is the best time to put an end to historic hatreds and resentments and open a new chapter in Ethiopia’s history. Today is the best time to unchain ourselves from the burdens of the past, close the wounds that have festered for generations and declare to future generations that we will no longer be prisoners of resentments of the past. Nelson Mandela said that “Resentment is like drinking poison and then hoping it will kill your enemies.” Mandela did not drink from the poison of resentment and managed to outlive most of his “enemies” and is still alive and kicking at 94. But today there is a lot of resentment going around in Ethiopia and in the Ethiopian Diaspora. There is the quiet and despairing resentment of those who feel wounded and defeated by loss. There is the gloating resentment of those who feel victorious and morally vindicated by the loss of others. Then there is the resentment of those who are indifferent because they just don’t care. Today is a great day to say good-bye to historic animosities. Today is a great day to end bitterness, not tomorrow. Reaching out to our adversaries must begin today, not tomorrow. Reconciliation must begin today, not tomorrow. Most importantly, “radical improvements in good governance and democracy” must begin today, not tomorrow.
Let’s Begin Radical Improvements in Good Governance and Democracy Today
In 2007, the late Meles Zenawi expressed his “hope that [his] legacy” would be not only “sustained and accelerated development that would pull Ethiopia out of the massive deep poverty” but also “radical improvements in terms of good governance and democracy.” Today is the day to begin in earnest radical improvements in good governance and democracy. These improvements must begin with the release of all political prisoners, repeal of anti-terrorism, civil society and other oppressive laws and declaration of allegiance to the rule of law.
All political prisoners in Ethiopia must be released. Their situation has been amply documented for years in the reports of the U.S. Government, U.N. agencies and various international human rights organizations. The 2011 U.S. State Department Country Reports on Human Rights Practices in Ethiopia (April 2011) documented “unlawful killings, torture, beating, and abuse and mistreatment of detainees and opposition supporters by security forces, especially special police and local militias, which took aggressive or violent action with evident impunity in numerous instances; poor prison conditions; arbitrary arrest and detention, particularly of suspected sympathizers or members of opposition or insurgent groups; detention without charge and lengthy pretrial detention…”
In its 2010 World Report-Ethiopia, Human Rights Watch (HRW) concluded that “torture and ill-treatment have been used by Ethiopia’s police, military, and other members of the security forces to punish a spectrum of perceived dissenters, including university students, members of the political opposition, and alleged supporters of insurgent groups… Secret detention facilities and military barracks are most often used by Ethiopian security forces for such activities.”
A report of the U.N. Committee Against Torture (November 2010) expressed “deep concerns about numerous, ongoing and consistent allegations concerning the routine use of torture by the police, prison officers and other members of the security forces, as well as the military, in particular against political dissidents and opposition party members, students, alleged terrorist suspects and alleged supporters of insurgent groups such as the Ogaden National Liberation Front (ONLF) and the Oromo Liberation Front (OLF). It is concerned about credible reports that such acts frequently occur with the participation, at the instigation or with the consent of commanding officers in police stations, detention centers, federal prisons, military bases and in unofficial or secret places of detention.”
It is difficult to accurately establish the number of political prisoners in Ethiopia. International human rights organizations are not allowed access to political prisoners or to investigate their situation. But various reports provide estimates that vary from several hundreds to tens of thousands. Recent estimates by Genocide Watch peg the number of political prisoners at around one hundred thousand. Political dissidents, critics and opposition leaders continue to be arrested and detained every day. In the past year, an undetermined number of members of the Oromo Federalist Democratic Movement (OFDM) and the Oromo People’s Congress (OPC) have been detained for political reasons. Other opposition parties have reported similar arrests of their members. Alleged members of the Oromo Liberation Front continue to be arrested and detained without charge. In just the past few months, journalists, opposition political leaders and activists, including Andualem Arage, the charismatic vice chairman of the opposition coalition Medrek, Natnael Mekonnen, an official of the Unity for Democracy and Justice Party, the internationally-celebrated journalists Eskinder Nega and Reeyot Alemu, and editor Woubshet Alemu have been sentenced to long prison terms.
Radical improvements in good governance and democracy also require repeal of the so-called “Anti-Terrorism Proclamation No. 652/2009”. Over the past few years, this “law” has been used to round up and jail dissidents, journalists and opposition party political leaders as “terrorists.” The law has been condemned by all international human rights organizations. Human Rights Watch criticized the law as “potent tool for suppressing political opposition and independent criticism of government policy.” The vaguely drafted “anti-terrorism law” in fact is not much of a law as it is a velvet gloved iron fist used to smash any opponent of the regime. Speech aimed at “advancing a political, religious or ideological cause” and intending to “influence the government”, “intimidate the public”, “destabilize or destroy the fundamental political, constitutional, economic or social institutions of the country” is classified as “terrorism”. Making or publishing statements “likely to be understood as encouraging terrorist acts” is a punishable offense under the “law”. Anyone who provides “moral support or advice” or has any contact with an individual accused of a terrorist act is presumed to be a terrorist supporter. Anyone who “writes, edits, prints, publishes, publicizes, disseminates, shows, makes to be heard any promotional statements encouraging, supporting or advancing terrorist acts” is deemed a “terrorist”. A person who “fails to immediately inform or give information or evidence to the police” on a neighbor, co-worker or others s/he may suspect of “terrorism” could face up to 10 years for failure to report. Two or more persons who have contact with a “terror” suspect could be charged with conspiracy to commit “terrorism”.
Under the “anti-terrorism” law, “The police may arrest without court warrant any person whom he reasonably suspects to have committed or is committing terrorism” and hold that person in incommunicado detention. The police can engage in random and “sudden search and seizure” of the person, place or personal effects of anyone suspected of “terrorism”. The police can “intercept, install or conduct surveillance on the telephone, fax, radio, internet, electronic, postal, and similar communications” of a person suspected of terrorism. The police can order “any government institution, official, bank, or a private organization or an individual” to turn over documents, evidence and information on a “terror” suspect. A “terror” suspect can be held in custody without charge for up to “four months”. Any “evidence” presented by the regime’s prosecutor against a “terror” suspect in “court” is admissible, including “confessions” (extracted by torture), “hearsay”, “indirect, digital and electronic evidences” and “intelligence reports even if the report does not disclose the source or the method it was gathered (including evidence obtained by torture).
As I have previously commented, the “anti-terrorism” law criminalizes democratic civic existence itself: “Thinking is terrorism. Dissent is terrorism. Speaking truth to power is terrorism. Having a conscience is terrorism. Peaceful protest 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. Peaceful resistance of state terrorism is terrorism. But one must be reasonable about “terrorism”. Nelson Mandela was jailed for 27 years as a “terrorist” by the Apartheid regime in South Africa. Following his release, he said, “I was called a terrorist yesterday, but when I came out of jail, many people embraced me, including my enemies, and that is what I normally tell other people who say those who are struggling for liberation in their country are terrorists. I tell them that I was also a terrorist yesterday, but, today, I am admired by the very people who said I was one.” The “antiterrorism law” must be repealed.
The so-called Charities and Societies Proclamation No. 621/2009 must be repealed. This “law” has been severely criticized by all of the major international human rights organizations. Among its draconian elements include prohibitions on foreign non-governmental organizations (NGOs) from engaging in human rights and democratic advocacy activities in Ethiopia including advocacy of gender and religious equality, conflict resolution or justice system and electoral reform. A local NGO that receives more than ten percent of its funding from foreign sources is considered “foreign”. Since few Ethiopian NGOs are financially self-sufficient, the vast majority depend significantly on foreign sources for their funding. This law has effectively put them out of business. The law allows an administrative body to have final authority over NGO disputes by granting it broad discretion to deny, suspend or revoke the registration of any NGO. Criminal sanctions and fines are also provided for violations of the law exposing NGO officials, members, volunteers and service recipients. Moreover, this law flagrantly violates various sections of the Ethiopian Constitution dealing with freedom of expression, assembly and association as has been pointed out by various human rights organizations.
Ethiopia today stands at the crossroads. It can march forward into democracy by taking confident steps that begin radical improvements in good governance and democracy. Or Ethiopia can continue to slide backwards and deeper into the vortex of dictatorship. Or it can free fall into chaos and strife. The choice is ours to make. There are important lessons to be learned by all. Those in power should be mindful that “making peaceful revolution impossible is making violent revolution inevitable.” Others should heed the message of Dr. Martin Luther King who once told the great Harry Belafonte his concerns about racial desegregation and its potential consequences: “I fear, I am integrating my people into a burning house,” wondered Dr. King metaphorically referring to the potential for racial conflict and strife that could result from outlawing discrimination. Belafonte, somewhat taken aback asked Dr. King, “What should we do?” Dr. King told him that we should “become the firemen [and] not stand by and let the house burn.’” We all need to be Ethiopian firemen and firewomen and begin “radical improvements in good governance and democracy” today, not tomorrow!!
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino. His teaching areas include American constitutional law, civil rights law, judicial process, American and California state governments, and African politics.
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By Sahra Farah