By Prof. Al Mariam
April 23, 2016
Last July, Barak Obama visited Ethiopia and declared the ruling
Thugtatoship of the Tigrean People’s Liberation Front (T-TPLF) regime a
“democratic government.”
The T-TPLF claimed with a straight face that it
had won the 2015 “election” by 100 percent or all 547 seats in “parliament”.
The New York Times called it a “sham”.
Human Rights Watch called Obama’s statement
“shocking”.
On April 20, 2016, Senators Ben Cardin
(D-Maryland), Maria Cantwell (D-WA), Patty Murry (D-WA), Ed Markey (D-MA),
Chris Coons (D-DE), Bob Menendez (D-NJ), Patrick Leahy (D-VT), Al Franken
(D-MN), Dick Durbin (D-IL), Amy Klobuchar (D-MN) and Marco Rubio (R-FL)
sponsored a Resolution condemning the crimes against humanity being
committed by the T-TPLF in Ethiopia today.
Well, they did not exactly use the phrase “crimes
against humanity.” But that was exactly what they meant in their Resolution.
Senator Cardin commenting on his introduction
of the Supporting Respect for Human Rights and Encouraging Inclusive
Governance in Ethiopia said:
I am shocked by the brutal actions of the
Ethiopian security forces, and offer condolences to the families of those who
have been killed. The Ethiopian constitution affords its citizens the
right to peaceful assembly and such actions by Ethiopian government forces are
unacceptable. The government’s heavy-handed tactics against journalists and use
of the 2009 Anti-Terrorism and Charities and Societies Proclamations to stifle
free speech and legitimate political dissent demonstrate a troubling lack of
respect for democratic freedoms and human rights. Given the challenges posed by
the devastating drought and border insecurity, it is more important than ever
that the government take actions to unify rather than alienate its people. It
is critical that the government of Ethiopia respect fundamental human rights if
it is to meet those challenges.
Peaceful protestors and activists have been
arrested, tortured and killed in Ethiopia for simply exercising their basic
rights. I condemn these abuses and the Ethiopian government’s stunning
disregard for the fundamental rights of the Ethiopian people. I urge the Obama
Administration to prioritize respect for human rights and political reforms in
the U.S. relationship with Ethiopia.
Obama turned a deaf ear to Senator Rubio’s plea.
To add insult to injury, Obama stood up in Addis Ababa and shamelessly declared
the T-TPLF is a “democratic government”.
It is to be recalled that Senator Rubio wrote
a letter to Obama a few days before Obama visited
Ethiopia in July 2015 “highlighting” his “concerns regarding ongoing human
rights abuses by the Ethiopian government against its own people.” Senator
Rubio warned in his letter:
Although the United States and Ethiopia share an
interest in fighting terrorism and securing stability through the region, it is
essential that the U.S. does not turn a blind eye to Ethiopia’s human rights
abuses. By shutting down avenues to express dissent through the political
process, civil society, or media, Ethiopia’s government may fuel further
instability in the country.
Brutality by government forces is a crime against
humanity.
U.N. Secretary General Ban Ki-Moon said, “The acts of brutality [by the Syrian
government] that are being reported may constitute crimes against humanity or
war crimes. Such acts must be investigated and the perpetrators held to
account.”
That is exactly what the U.S. Senators are saying
and calling for in their Resolution.
The Senate Resolution states in plain words that
crimes against humanity have been committed in Ethiopia under T-TPLF rule and
there must be “a full, credible, and transparent investigation into the
killings and instances of excessive use of force that took place as a result of
protests in the Oromia region and hold security forces accountable for
wrongdoing through public proceedings.”
But the Resolution goes well beyond a simple
statement of disapproval and criticism.
I believe the Resolution represents the senators’
sentiments, views and positions on four distinct issues. The Resolution 1)
totally condemns T-TPLF’s crimes against humanity, 2) expresses
impatience and dissatisfaction with the Obama Administration’s do-nothing
about human rights approach in Ethiopia, 3) demands direct policy action by the
U.S. Secretary of State to secure improvements in the human rights
situation in Ethiopia or to review use of US aid as leverage, and 4) serves
clear notice to USAID to undertake programs and activities that could help
improve human rights and democratization in Ethiopia.
The catalog of T-TPLF
crimes against humanity in the Resolution
I believe the first part of the Resolution, for
all intents and purposes represents, amounts to a legislative “indictment”
against the T-TPLF for crimes against humanity.
The Senate Resolution declares that T-TPLF has:
Engaged in “serious human rights violations,
including arbitrary arrests, killings, and torture committed by security forces
as well as restrictions on freedom of expression and freedom of association,
politically motivated trials, harassment, and intimidation of opposition
members and journalists.”
Engaged in “state sponsored violence against those
exercising their rights to peaceful assembly in Oromia and elsewhere in the
country, and the abuse of laws to stifle journalistic freedoms, stand in direct
contrast to democratic principles and in violation of Ethiopia’s constitution”.
Caused “democratic space in Ethiopia [to] steadily
diminish since the general elections of 2005”.
Rigged elections and claimed to have won “100
percent of parliamentary seats”.
Abused a so-called “Anti-Terrorism Proclamation to
limit press freedom, silence independent journalists, and persecute members of
the political opposition.”
Restricted and virtually stamped out “civil
society and nongovernmental organizations, particularly those investigating
alleged violations of human rights by governmental authorities”.
Persecuted and prosecuted journalists and bloggers
and created a climate of fear and “coercive environment” for the press.
Killed “at least 200 peaceful protesters in the
Oromia region and that number is likely higher.”
Condemnation of the T-TPLF
regime in the Resolution
The Senate Resolution without reservation
Condemns (A) killings of peaceful protesters and
excessive use of force by [T-TPLF] security forces; (B) [T-TPLF] arrest and
detention of journalists, students, activists and political leaders who
exercise their constitutional rights to freedom of assembly and expression
through peaceful protests; and (C) [T-TPLF] abuse of the Anti-Terrorism
Proclamation to stifle political and civil dissent and journalistic freedoms.
Call for T-TPLF Action in
the Resolution
The Senate Resolution makes specific demands on
the T-TPLF:
- Halt the use of excessive force by security
forces;
- Conduct a full, credible, and transparent
investigation into the killings and instances of excessive use of force
that took place as a result of protests in the Oromia region and hold
security forces accountable for wrongdoing through public proceedings;
- Release dissidents, activists, and journalists
who have been jailed, including those arrested for reporting about the
protests, for exercising constitutional rights;
- Respect the right to freedom of peaceful
assembly and guarantee freedom of the press and mass media in keeping with
Articles 30 and 29 of the Ethiopian constitution;
- Engage in open and transparent consultations
relative to its development strategy, especially those strategies that
could result in people’s displacement from land;
- Repeal proclamations that can be used as a
political tool to harass or prohibit funding for civil society
organizations that investigate human rights violations, engage in peaceful
political dissent, or advocate for greater political freedoms;
- Repeal proclamations that prohibit or
otherwise limit those displaced from their land from seeking remedy or
redress in courts, or that do not provide a transparent, accessible means
to access justice for those displaced.
“Step up”: The Obama
Administration’s must abandon its do-nothing policy to improve human rights in
Ethiopia
The Resolution diplomatically intimates that the
Obama Administration has done little or nothing to help improve the human
rights situation in Ethiopia.
Stripped off the diplomatic euphemism, the
Resolution asserts the Obama administration has been talking the human rights
talk in Ethiopia but unwilling to walk the human rights talk.
The Resolution declares that Obama got T-TPLF
leaders to “commit” to “deepen the democratic process and work towards the
respect of human rights and improving governance” in July 2015, but the
outcome since has been massacres and more repression.
The Resolution calls on the Obama Administration
to “review of security assistance to Ethiopia in light of recent developments
and to improve transparency with respect to the purposes of such assistance to
the people of Ethiopia”.
The Resolution further “calls on the Secretary of
State [and] the Administrator of the United States Agency for International
Development, to improve oversight and accountability of United States
assistance to Ethiopia.
Senate Affirmation of Respect
for Human Rights in Ethiopia
The Senate Resolution affirms that the U.S. Senate
“stands by the people of Ethiopia, and supports their peaceful efforts to
increase democratic space and to exercise the rights guaranteed by the
Ethiopian constitution.”
What Does the Resolution
Really Mean?
It is important to note that the Senate Resolution
(“simple resolution) is a legislative act intended to signify the Senate’s
“sense” of what is happening in Ethiopia and what needs to be done. (See Senate
Rule 30, adopted 2/4/15.)
When the Senate seeks to state its views,
opinions and position, make a point or send a warning on an issue of
importance, it employs a simple resolution to get its message across. The
Senate Resolution on Ethiopia aims to express the opinion of a majority of
Senators.
It is also important to understand simple
resolutions, unlike regular “bills” and “resolutions” do not have the force or
effect of law nor do they require presidential signature.
So, a reasonable question is why bothered to pass
a “simple resolution”?
Though simple resolutions do not have the binding
effect of law, they serve some important purposes. They are used by
either house of Congress to:
- Go on record and take a position on a
particular issue and express support or opposition for a particular
action, policy, proposal, idea, plan, program, etc.
- Generate preliminary support or opposition
among members for an intended or anticipated action and build momentum;
- Serve notice to the President that the Senate
or House are contemplating imminent action on a particular issue and urge
executive corrective action obviating the need for more formal legislative
action.
- Notify U.S. departments and agencies and
foreign governments that the U.S. Congress is watching a specific issue
with special attention and concern.
- Communicate a specific message in foreign
affairs (to foreign leaders) that a certain state of affairs in a
particular country or region is unacceptable to the people of the United
States and that legislative actions could follow if the circumstances
persist;
- Apply subtle pressure on foreign governments
to make changes in policy.
- Signify a change in policy or possible
forthcoming legislation.
- Signify the possibility of public hearings.
The bottom line is that Senate resolutions are
taken very seriously by most foreign governments and agencies and department of
the U.S. Government. It is not unreasonable to suppose that the T-TPLF ignoramuses
will chafe and ignore it.
Faced with a similar legislative situation in
2007, Meles Zenawi, the late leader of the T-TPLF, angrily and
sarcastically lashed
out at Congress at the U.S.
Congress: “The Ethiopian government isn’t willing and is unable to be run
like a banana republic from Capitol Hill or anywhere else.”
In 2009, I demonstrated that Meles’ government was
quite willing to be treated like a “barley
republic from Jeddah or any
of the other Gulf states.” At the time, Zenawi was handing out millions of
acres of Ethiopian land to so-called Saudi and Gulf “investors”.
In the Ethiopia Senate Resolution, there is little
doubt that the T-TPLF will pay special attention. I do not doubt that the
T-TPLF is consulting its Big Bucks lobbyist on what to do to nip the resolution
in the bud. The T-TPLF has learned from the past (Remember H.R.
2003) that if it pays its
lobbyists USD $50,000 a month it could stop cold any legislation in the U.S.
Congress.
Demand for USAID
Accountability in the Senate Resolution
My readers will recall my letter to USAID Administrator Gayle E. Smith dated
March 16, 2016, in which I demanded accountability and transparency in USAID
administration of American aid in Ethiopia. I asked Ms. Smith:
What safeguards, if any, are in place to ensure
the ruling regime will not put any of the $500 million to political purposes?
What accountability processes are in place to
ensure the prevention of corruption in the administration of the aforementioned
assistance in Ethiopia? How much of the $500 million is provided to the ruling
regime in Ethiopia in the form of discretionary or non-discretionary
expenditures?
I am glad to see the April 20, 2016 Senate
Resolution makes a similar demand by call[ing] on the Secretary of State, in
conjunction with the Administrator of the United States Agency for
International Development, to improve oversight and accountability of
United States assistance to Ethiopia pursuant to expectations established in
the President’s 2012 Strategy Toward Sub-Saharan Africa.
Unanswered Questions
There are many who ask myriad questions about the
Senate Resolution. Why now? Where have they been all these years? Does the
resolution mean the Senate has something “up its sleeve”? Is it just rhetoric?
What is going to happen next? Is the Senate really serious about human rights
violations in Ethiopia? Should Ethiopians be hopeful the resolution will
produce immediate improvements in the human rights situation in Ethiopia? Will
the Senate resolution end up being just talk and no action? And on and on.
It is hard to give definitive answers to these
questions.
The U.S. legislative process is very complex
requiring bicameral action to enact legislation subject to presidential veto.
The American legislative system is structurally designed to function in a slow
and deliberate process subject to constitutional and internal legislative
rules.
We have learned firsthand how a bill to promote
human rights and democracy could be subjected to massive lobbying efforts to
defeat it when we worked to pass H.R. 2003 (Ethiopia Democracy and
Accountability Act).
Regardless, I am not concerned.
I wholeheartedly agree with Thomas Payne, one of
the Founding Fathers of the United States, who said in a speech on December 23,
1776:
Tyranny, like hell, is not easily conquered; yet
we have this consolation with us, that the harder the conflict, the more
glorious the triumph. What we obtain too cheap, we esteem too lightly: it is
dearness only that gives everything its value… I love the man that can smile in
trouble that can gather strength from distress, and grow brave by reflection.
I am smiling!