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Why did the civil wars in Somaliland end while Somalia’s continued?

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Somaliland:Guurti Intervention Solves Parliamentary Impasse

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After Both Sides Approve the Recommendations Made by Guurti

By Goth Mohamed Goth

The current parliamentary impasse has been finally solved after the nearly two weeks of political uncertainty this after to the intervention of the house of elders and President Ahmed Mohamed Mahmoud today.

All parties welcomed the recommendations made by committee drawn from the house of elders and led by Haji Abdi Hussein Yusuf “Abdi Waraabe” and in the presence of H.E President Ahmed Mohamed Mahmoud Silanyo, Speaker of Parliament Hon Abdurrahman Mohamed Abdullah, Deputy Speakers Hon Bashe Mohamed Farah and Hon Ali Yusuf during today’s meeting which took place at the Presidency.

H.E. President Ahmed Mohamed Mahmoud “Silanyo” is today lauded welcomed the decision by the committee holds the mantle of unity in his hands and he is responsible leading the way in finding a solution to the problem that is of national interest so as to avert creating further division among the people of Somaliland.

The two opposing groups failed to reach a compromise hence the collapse of the talks last week aimed to find a solution to the current parliamentary impasse with both sides accusing each other for the breakdown of the talks.

The two leaders of the two opposing sides separately briefing the press last Sunday admitted that they had failed to reach a final comprise and they shall refer the matter back to the house of elders for further consultations and deliberations.

The Recommendations are as Follows:

1.       That the vote needed to ouster the Speaker and the two Deputies will be 42 votes.

2.        No motion to ouster the Speaker and the two Deputies will be tabled.

3.       The House of Parliament shall go into recess

 

Somaliland: Abdurahman Abdullah “Erro”: Not ready to lead

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By Ali Mohamed

Lewis Center, Ohio—-Last week, the speaker shut down the Somaliland parliament after a group of legislators loyal to the Silanyo/Hirsi administration challenged his leadership position. Mr. Erro, a former civil servant, was elected the speaker of the parliament in 2005, not on the merit of his political skills or policy expertise but because he was willing to advance the political agenda of then candidate Silanyo. The current Parliament shutdown is a crisis that he created because of his poor leadership.

The Parliament Erro has been presiding never checked the massive corruptions, power abuses and the excess of former Riyaale administration and the current Silanyo/Hirsi administration. The speaker has made the parliament a rubber stamp legislature body. Whatever legislative agenda, the special interest groups both domestic and foreign demanded such as communications banking, and piracy, were passed without any hearings or debates. He also allowed President Silanyo to open a dialogue with a fictional Somali government. But the greatest failure of Erro’s leadership was making the Parliament of Somaliland as an extension of Silanyo/Hirsi administration.

The speaker, not only made the legislative body insignificant, but he also abandoned his fulltime job—managing effectively the legislature. Instead, he was very busy organizing his own political party “The Orange party” and spent most of the time travelling overseas and fundraising activities.

Now, after he failed to bring together 42 legislators that could save his job, and the imminent demise of his leadership position; he chose to close the parliament’s business. Moreover, he is also asking Somaliland elders to rescue from him the political onslaught of his former political allies.

It would set a wrong precedence, if the elders get involved in the leadership race of another co-equal or more powerful legislative body, as some members of the upper house are trying to torpedo the selection of the speaker. Since Mr. Erro started the current “political circus”, in the first place, after he sucked his deputies in a simple majority vote, I do not see why the rules for electing the speakership post should be changed now.

It is in people’s interest for the political process to work, without any interference and arm twisting from outside groups. I also believe the Somaliland parliament has rules and procedure to select the leadership positions. The speaker has responsibility to follow, protect and respect those rules and its outcomes, even, if that would mean him losing speakership. Somaliland people expect their legislators to behave like adults and take responsibility for their own actions.

Lately, some Voters are dissatisfied with the way the President is the running the country. President Silanyo has also borrowed a page from Obama playbook: promise anything and everything people desire with no realistic way of paying for it. For example, the president Silanyo and his chief engineer Hirsi recently promised to Somaliland public for the construction of a 350 km long highway , which connecting Burao to Erigavo, without explaining to them how much the project would cost and how the government is going paying for it. Of course, that highway and many other infrastructure developments are desperately needed in
Somaliland. I have to say; we do not live in fantasy world where you could spend money that you do not have it.

But the voters who want a new leader to emerge in 2015 presidential election, have serious reservations whether Mr. Erro–who has political aspiration to become the next leader of Somaliland– has what it takes build a coalition to win the election because of his failure to lead the parliament. His parliament has not passed any major legislation for the last nine years, dealing with such important issues: Taxes, land reform, water, security, and foreign policy.

The Speaker is a decent man, who deeply cares about our country; however, he is not ready yet and has no record of legislative accomplishment to lead the country. I would like to challenge Erro supporters, if they could name any major piece of legislation Erro passed for the last decade that benefited the struggling Somalilanders.

Finally, President Silanyo would leave a good legacy for the country, if he should not seek for re-election in 2015, for obvious reasons. Instead, the remaining time of his term in office, he should concentrate more on presiding a smooth and transparent nominating process for selecting Kulmiye’s party candidate for the upcoming presidential polls, holding a credible elections, without any delaying tactic or term extension, and most importantly, transferring the power peacefully( Often a difficult task for emerging democracies).

Anything less would be a disaster for Somaliland.

Ali Mohamed is co-founder of the Horn of Africa Freedom Foundation, a grass roots organization located in Lewis Center, Ohio, that advocates for the advancement of freedom and democratic values for the indigenous people of the Horn of Africa. He can be reached @aliadm@aol.com.

Somalia:The Alpha and Omega of the Somali Federal Government Politics

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When any two or more Somalis get together, they agree on one fact; that the current Somali government came way short of expectations. In other articles I addressed that the initial euphoria died before the ceremonies of its election were over and I attributed the demise of the euphoria and hope to corruption. Notwithstanding the cardinal role of corruption, tribalism, warlordism and sectarianism and their inherent relationships in Somalia are playing an important role in shaping Somalia continuing chaos.

Even though politics is at times a grisly dealing depending on the practices around the world, yet, it has a certain honorable elevation beyond the human ego. In contrast, a tribalist’s thinking is based on a rogue philosophy that no one but his tribe deserves help or deserves to lead. It is illogical, ineffective and inefficient. The Somali brand of tribal politics superimposes another layer on top of an already murky process: the ability to acquire a showy misrepresentation intended to conceal greedy inclinations of the tribe or clan. On close scrutiny many religious sects, civil society groups, NGOs and political organizations exist only to promote tribal agendas. A religious sect, a warlord(s) with armed militias, a civil society group, an NGO and a political organization all work in synergy to give their clan or tribe an otherwise underserved leverage, thus, extra share in a political process. This negatively versatile quality of tribalism, brigandage of sorts, has been the single most devastating factor in Somalia’s political life.

Twenty-four years ago, the knees of the Somali nation buckled and fell, ceasing to exist as a sovereign nation. While a few clans were engaged in creating opportunities for synergies between 1980 and 1990 to pressure the dictatorial from multiple fronts, the phenomena assumed gigantic proportions after the fall of the nation especially in the South – Central area. In the absence of the rest of the Somali clans, Mogadishu became a battleground between the Hawiye clans especially between Abgaal and Habar Gidir. The racy polarity and power struggle between these two clans ushered in the warlord phenomenon. The sum game was that he, who controls Mogadishu, controls Somalia and gets to be in full control of the exploitation of aid and the business creation thus, the becoming the ultimate power clan.

When Ali Mahdi, an Abgaal, was elected president in 1991 in Djibouti, Mohamed Farah Aidid, a Habar Gidir, also declared himself president. When a mediation attempt by the Hawiye failed to produce any result, the tribal council produced the verdict that has become the proverbial epitome of their powerlessness and failure to reach mediation for the sake of the nation: “Cali Gar leh, Caydiidna Jid leh” meaning that “Ali is veracious and Aidid is justified”. In 2009, when Sheikh Shariif Sheikh Ahmed became president, again an Abgaal, he was challenged by Sheikh Hassan Dahir Aways, another Habar Gidir. It is interesting to note that when Abdiqasim Salad Hassan became president, the Abgal clan did not oppose his election.

It was during the presidency of Abdulahi Yusuf that an intra-Hawiye movement, the Hawiye Action Group, an ultra tribalist organization with members inside and outside Somalia was formed. The HAG members are united by a common yearning to create a supreme Hawiye state – a Somali Nation whose branches namely the state, the civil society, the military and the economy are controlled by Hawiye. The creation of HAG was facilitated by the invasion of Ethiopia.

It has been said that if you see someone crying “Oh my Hawiye brethren” it must be a Habar Gidir. The seed idea for HAG was envisioned by non other than Habar Gidir who forged an allegiance of prominent civil society members, tribal elders, warlords and business people. This small group of died-hard tribalists, who also belonged to all the possible religious sects in the South – Central stood behind Hassan Sheikh Mohamud, a prominent member of civil society who already had cozy relationship with the warlords as evidenced by his “one man’s warlord is another man’s savior” rhetoric during his first tour of the US. Hassan Sheikh Mohamed had one more criteria: he was more connected and sympathetic to the Habar Gidir cause rather than to that of his own clan. The reason is simple: Habar Gidir are more entrenched as warlords, civil society members and all the religious sects including Alshabab. Thanks to reckless bribery of parliamentarians, a stroke of luck and little naivety on the part of Abdiwali Gaas (1), the election was a hands-down affair.

Corruption can get you in a position; it is funny how it never helps you do a good job!- Nur Bahal

Political stability measures the likelihood of unrest, violence, assassinations, terrorist threat, and ethnic (tribal) tensions among other things. A careful examination of the current Somali government’s case of political stability reveals that the monopoly of violence is not controlled by the state. From 1991 and onwards, Mogadishu and its environs were in the grip of warlords who had an unimpeded monopoly on the security and the economy. The President has a soft spot for warlords, the core of which goes back to the conflict and competition between tribes. An armed warlord in a tribe is an asset for the tribe. The current government’s en masse recruitment of tribal militias aligned with Villa Somalia gives reasonable strength and credibility to the President’s special relationship with warlords. Furthermore, the warlords and their close former military associates are the highest ranking officers to the exclusion of other tribes.

 

The relationships formed between the warlords and various civil organizations in Mogadishu during this time are the fuel driving the lack of stability. The crux of these relationships is a particular group’s monopoly on the economy, the administrative structure and the security. The rogue politics pursued by this tribalistic, pseudo-religious group impede important issues in Somalia’s nation building. They demand to see prominent Hawiye representation even where the tribe is a minority such as Jubbaland or Lower Shabelle and Bay and Bakool. Through Hassan Sheikh Mohamed, they even twisted Siilaanyo’s arm to nominate a Hawiye into the Somaliland cabinet which surprisingly has been obliged (2).

 

The group’s shameless pursuit to exclusively control Somalia’s economic resources has also resulted in a devastation of genocide proportions. The burning of villages in Lower shabelle, Middle Shabelle and Kabhanley by the tribal militias dressed in the uniform of the national army is an attempt to take over farmland belonging to other tribes by force.

 

High ranking members of the military took part in this genocide and the Somali government has yet to apprehend one single culprit for the genocide committed against poor farmers in Jowhar, Km 50 and Kabhanly.

 

 

The village of Kabhanley in Hiiraan burned to the ground – coutesy of Cammaara.com

 

In Jubbaland, in exchange for recognizing Ahmed Madobe’s leadership, they asked for a Hawiye Vice-President and control of the port and the airport, both an important sources of income for the Jubbaland State. Without a priori motive, it is more reasonable to negotiate those things when the federal system are negotiated and completed. If Villa Somalia has not control on the port of Bossaso  or Berbera it does not make sense to distress Jubbaland over the port and airport of Kismayo.

 

 

Some twenty villages were torched in the vicinity of Jowhar, Lower Shabelle – courtesy of Markacaddey.com

 

 

 

 

 

This unmasked greed for economic and military domination pitted the rest of the society against the FG. At a time when Somalia needs to take concrete steps towards peace and bury a protracted war, the current government connives with tribo-religious organizations and warlords that continue to derail peace and recovery. The government must provide incentives to the society in the form of justice – the most crucial thing that earns her the social trust, if it has to overcome the extremist group, Alshabab. Unfortunately, it is acting more like a tribal militia still obsessed with tribal gains without regards of how it affects others. The FGS under President Hassan Sheikh Mohamud has not been able to elevate itself morally and politically above Alshabab.  This dismal failure exposed Hassan Sheikh’s government, implicating the president’s relatives and ministers (3)  , has shaken the foundations of what little trust Somalis and the international community had on this government. It has utterly failed to see beyond the mindset of tribal politics and thus is a liability and a detriment to stability.

 

 

Km 50, Lower Shabelle burned to the ground

 

It does not make any sense to attempt running when you cannot walk!

While all this devastation is happening the President is trying to smile his way into the pockets of the international donors without accounting first for what has already been given. Effectiveness requires such accountability and governance dictates that you cannot be effective on certain levels or for certain groups; good governance must be nationwide. The mismatch between what is right for Somalia and what is right for the tribo-religious dissenting clique running the country has created disillusionment instead of effectiveness. The overall effectiveness of the government is paralysed by the executive branch’s insistence to centralize not only the day to day running of the public administration of the state but also that of the parliament and the duties of the Prime Minister. Effectiveness means running when you have the energy to, and walking when you cannot run or jog. The FGS is trying to show the international community that it is running to restore a nation when it can barley stand up.

“The rule of law is better than the rule of any individual” – Aristotle

The comprehensive definition of rule of law provided by the Secretary-General of the United Nations is as follows: “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”(4)

How does the FGS fit into the above UN definition of rule of law? It simply does not and for the following reasons:

  1. The executive branch has put the law enforcement in the hands of tribal affiliates who operate on both sides of the political spectrum.
  2. Tribal interests take precedence over the rule of law. According to InsightNews, convicted killer of the two Doctors Without Borders in September 2011 has been freed after serving only three months of an eleven-year sentence (5).  Hassan Dahir Aweys, a proven religious extremist is also free.
  3. The national army is heavily implicated in the burning and looting of villages in Hiiran, Middle Shabelle and Lower Shabelle to fulfill the HAG wish list of land-grabbing.

 

All of the above is possible because of the current atmosphere of rule by tribalist groups who were fanning the flames of the civil war for the last 24 years. And the president has no power to contradict their wishes.

 

For the gluttonous and the tribalist, the transition from peace to war is a prime time to secure ill-gotten bounties. And that is what is happening in Somalia today. Law and order has been debased so much so that even AMISOM troops are involved in the loot. The sale of rations and fuel, the sale of weapons to Alshabab and so forth have been proven. Is it then ludicrous to imagine that groups within the government also have ties to Alshabab? The latest round of Alshabab military advances into Mogadishu, the killings, explosions and the intense lack of security in Mogadishu is not an accident. The scale of indiscipline and chaos in the national army is also indicative of the total absence of the principles of security and the existence of multiple layers of interests that contravene security.

 

Every soldier in the Somali National Army serves three interests: his own, his tribe’s interest and the interest of his warlord. This is the reason there are more checkpoints between Mogadishu and Afgoie than there are in the whole of Somalia. How else can anyone justify the army’s invasion of areas already liberated from Alshabab? Why have Jannaale, Km50, villages in Jowhar and Kabhanley become targets when the locals have proven that they can control the security and the safety of their cities and villages? It is not a secret in Lower Shabelle that Shabab is more apprehensive of the local army than the national army or even AMISOM who lately became Alshabab’s major source of weapons along with the Somali National Army. In a report produced Thursday, 13 February 2014, the U.N. Monitor’s group describes a dire situation where A key adviser to the president, from his Abgaal sub-clan, has been involved in planning weapons deliveries to al Shabaab leader Sheikh Yusuf Isse … who is also Abgaal,” (6). It behoves the mind that the President would request and extension of waiver of the arms embargo when the world can clearly see that the weapons already in the country, donated by the international community, have so far been used only to shed the blood of hardworking, honest Somalis and sale to Alshabab. The international community must take the share of the blame for this blood as they provided weapons to a tribal government without going through the proper procedures. An election does not determine trust; a track record of trust which begins with ones own people proves that a government can be trusted. This is the mistake that the international community made.

 

In Germany, there is a written protest by some magazines not to send troops to train the Somali army. The reason for the protest, they say is that the Somali Army is directly involved in Human Rights Violations. The writer believes that because of the human rights violations committed by the Somali Army, the German trainers will be at risk (7).

 

The Central Bank scandals were probably the first alarm bells that all is not well in the Oasis of Corruption that is Somalia. Because of it, and a number of other shady contracts, the EU paused to release the New Deal money to Somalia. With the long awaited cash cow not coming any more, a rift began to develop in the alliance between Dam Jadid and its tribal affiliates and the warlords. The unholy triangle has begun to crack at the foundation. With the President and his Damul Jadid die-hards on one side and the warlords, their militias and the tribal elders on the other, it is not hard to imagine that these militias are showing the Damul Jadid mob who really is boss. Could this be why the President went to Turkey for vacation – too much stress? Could the stress and frustration be symptoms for the coming disintegration of his government and with it the debauchery vision of his unholy alliance?

 

All of the preceding contributed, in whole or in part, to the cessation of proper implementation of a transitional justice and peace building process. Instead, the transition has become an opportunity to manufacture a new tribal history to rationalize illegal land occupation and claims. The intentional delay, on the part of the government, to set up a Truth and Reconciliation Commission is part and parcel of rewriting history and manufacturing new claims on the land of people who endured twenty-three years of repressions, torture and forced labour in their own farms.

 

Somalia’s transition into a peaceful state may be shaped by two factors; first the degree to which the current government is willing to undertake a complete and just reform in its vision for Somalia’s stability and cutting ties to the tribal elders and warlord militias who now determine the course of the government’s vision and mission for Somalia; secondly, its commitment to clean its house of corruption and embark upon a sound economic plan, a tangible social reconciliation and a total and sincere willingness to rebuild the nation justly. The politics of tribalism may work well for a tribe for a while, but will always become a barrier to the more pressing and decisive interests of the Somali people. And then even the tribe will loose the gains they made. Justice is always possible even within a tribal and contentious political environment like Somalia. And it is the job of the government to come up with a way to accommodate justice, security and the interest of Somalia above their petty greed and tribal daydreams. Up to this point in time, the current government dragged its feet to explore any opportunities that can put this battered nation on the road to recovery. Somalia fell at the hands of Darood; it dived into the grave at the hands of Hawiye who have lost too many opportunities to plant their feet on the high moral ground. Will the new Prime Minister be able to man up; make justice, equality and reconstruction the only prime goals if not a reality? Can he redeem the name of his clan in whose hands the nation fell? It shall remain to be seen…

 

Nur Bahal

Toronto, ON

hildiid@gmail.com

14 February 2014

 

References:

1. Confident that Sheikh Sharif will not give him a second chance at being the Prime Minister; he openly endorsed Hassan Sheikh and asked his supporters to give their vote to him. There may have been promises made.

2. Vice-Minister, Ministry of Information Abdiwahid Abdirahman Abdiqadir

3. http://www.reuters.com/article/2014/02/13/us-somalia-arms-un-idUSBREA1C07920140213

4. (Report of the Secretary-General: The rule of law and transitional justice in conflict and post-conflict societies (2004)

5. http://www.insightnews.com/news/11623-somalia-tops-in-corruption-pushes-prime-minister-overboard

6. http://www.reuters.com/article/2014/02/13/us-somalia-budget-turkey-idUSBREA1C1S320140213

7. http://www.islamische-zeitung.de/?id=17634

7.a: a translation of the Appeal to the German government is attached for those who not speak German.

 

Somaliland:Public Urged to Use Environmentally Friendly Cooking Stove

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By Goth Mohamed Goth

Somaliland Minister of Environment and Rural Development Hon Shurgi Haji Ismael Banderee Flanked by top officials from the ministry during a press conference held in her office showcased a cheap and economically friendly paraffin stove average families as alternative to charcoal and firewood.

Madam Shukri elaborating on the advantages of stove said, “The average family in Somaliland spends 20% or more of its income purchasing wood or charcoal for cooking and the urban poor frequently spend a significant portion of their income on the purchase of wood or charcoal.

The Director General Mr. Mohamed Farah Hirsi speaking at the press conference said, “Deforestation and erosion are often the end result of harvesting wood for cooking fuel. The main goal of most improved paraffin cooking stoves is to reduce the pressure placed on local forests by reducing the amount of charcoal consummation.

“Additionally, the cash a family spends on wood or charcoal translates into less money being available to be spent on food, education, and medical care; so an improved paraffin cooking stove is seen as a way of boosting a family’s earnings”, he stated.

SomalilandPress.com

 

Somaliland:Doctors will give war victim new face

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Ayaan Mohamed’s face was disfigured when  she was shot as an infant during Somalia’s brutal civil war, but soon the young African woman will have ‘‘a face like everyone else’’.

The 25-year-old from Somaliland will have surgery in the Wesley Hospital in Brisbane on Saturday to rebuild her face, repairing  wounds she suffered as an infant.

Mohamed flew to Brisbane with former Somaliland first lady Edna Adan Ismail with the help of two local Rotary clubs, who helped fund-raise and secure her visa.

‘‘She’s happy and looking forward to it,’’  Ismail said, translating for Mohamed.‘‘She’s happy to get her face back.

‘‘The hardest thing for her has always been when somebody asks ‘what happened to your face?’

She said: ’It just hurts me’.’

Mohamed sat covered in a veil, with only her eyes showing, during a press conference at the hospital on Tuesday.

She prefers to keep her injuries hidden from view.

She fought back tears when asked to describe her ordeal.

Ismail, who founded the Edna Adan Hospital in Hargesia, where Mohamed first sought help as a teenager, said Mohamed was confident about the surgery.

‘‘She said she’s looking forward to … having a face like everyone else.’’

Dr John Arvier, who will head the surgical team, said the operation should be relatively straightforward and would require tissue from the side of her face, skin from her forearm and a synthetic implant to cover a hole between her eye socket and jaw.

Mohamed was denied a medical visa last March.

But Immigration Minister Scott Morrison approved a second visa application, made in October, after he was petitioned by more than 40,000 people on her behalf.

– AAP

Somaliland:A One Day Symposium Held to Review the Many different kinds of interventions that take place to stop FGC

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First Lady Amina Waris among participants attending the one day symposium on FGC

By Goth Mohamed Goth

A one day symposium aimed brought together  the various stakeholders to discuss how to bring FGC out into the open to discuss the harmful effects of this procedure and how to adopt effective ways of interventions in order stop FGC.

At the one day symposium stakeholders discussed ways to review the many different kinds of interventions that take place to stop FGC.

The First lady Amina Haji Jirde was among the dignitaries present at a forum said, “The government also strongly rejects FGC and supports laws against it

The Minister of Religious affairs Sheik Khalil speaking at the one day event said, “Although many people believe that FGC is associated with Islam, it is not. FGC is not supported by any religion and is condemned by many religious leaders. No holy text requires or even supports cutting female genitals. In fact, Islamic Shari’a protects children and protects their rights.

Although much is been done to raise awareness on the issue provide opportunities for people to discuss their knowledge of FGC, relate it to their situation, and consider other options. There is growing local support for condemning FGC and a call for severe penalties such as fines and jail terms to be given to those who practice it as a deterrent measure that works to stop FGC in Somaliland.

The Minister of Religious Affairs flanked by the Deputy Minister of Labor and Social Affairs led the various stakeholders drawn from the local and international NGO,s youth and Women groups in jointly condemning the practice.

SomalilandPress.Com

Sudan: Ethiopian woman gang raped by seven Sudanese men, denied from making a formal complaint of rape and instead charged with adultery and prostitution

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Press Statement

17th February 2014

The Ethiopian woman in Khartoum, Sudan, who was gang raped by seven men, has been denied by the Attorney General the ability to make a formal complaint of rape and thus instigate a full investigation. She has instead been charged with adultery which carries the potential sentence of death by stoning.

In August 2013, a young Ethiopian woman was lured to an empty property and then brutally gang raped by a group of seven men. The incident was filmed by perpetrators but was then distributed six months later in January 2014. Both the perpetrators and the Ethiopian woman have been arrested and initially investigated under Articles 153 and 154 of the Sudanese criminal code which relate to the making and distribution of indecent material and indecent behaviour. Since the court case began on the 6th February 2014, the charges against the woman and the seven perpetrators have been amended to include Articles 151 referring to scandalous acts, 154 relating to prostitution, and 146 which refers to adultery. In addition to those directly involved in the gang rape, a further two individuals have been arrested in relation to the crime: A police officer who saw the victim crying soon after she had left the house and to whom the victim had spoke of her ordeal. The police officer decided against pursuing an investigation as it was a public holiday (Eid Al Fitr). He has been charged with negligence. Furthermore, a NISS police officer also distributed the video online. In total, ten individuals are currently on trial within the case.

The intention to place culpability on the part of the victim, is of great concern and seeks to deflect and reduce accountability of the perpetrators, but more disturbing is that the charge of adultery carries with it the potential sentence of death by stoning if found guilty.

The victim is currently attempting to make a formal complaint of rape to instigate a full investigation. Nonetheless the Attorney General has denied her this on a technicality relating to her currently being under investigation for other charges. The Attorney General has claimed that she should have made a complaint at the time of the incident – this is despite the fact there is no legal prohibition regarding time frames within which one must formally register a complaint. This decision is being appealed, and the decision being awaited.

It is of note that the woman, in the aftermath of the rape, was found by a police officer to whom she explained what had happened. Instead of instigating a complaint, the officer dismissed her issues, which along with the threats of violence against her by the perpetrators, discouraged her from pursuing the case at the time. The officer in question has been identified and is now under investigation for negligence.

Denying her the ability to make a formal complaint which serves to refute the charges being laid against her and pursue justice, renders the perpetrators immune from accountability and violates the rights of the victim. It furthermore is prohibitive of her making a future complaint should the current trial follow through to completion as it is illegal for persons to be tried using the same facts and evidence as deployed in an earlier trial which has been brought to a concluding judgement.

Even if the Attorney General allows for a formal complaint of rape to be made, the likelihood of success is limited, although much evidence has come to light during the trial to indicate that she was forced against her will. The ambiguity of Article 149 defining rape as committing non-consented Zina (adultery) is in itself problematic, since the article stands alone without legal explanatory notes rendering it open to arbitrary interpretation. The vague legislation with a strong burden of proof on the victim has meant that few cases are ever successfully prosecuted and often victims are prosecuted and persecuted through Article 146, adultery, which presents the potential sentence of death by stoning.

The Ethiopian woman, who is 18 years old, is also nine months pregnant, and was three months pregnant at the time of the rape itself. Despite requests for bail which have been denied by the Attorney General, she is being held in a bare police cell and until recently was without a mattress or access to suitable food or clothing, all of which SIHA Network has since purchased and provided.

Where the police and judicial authorities have an obligation to investigate, prosecute and punish, they must uphold their obligations under local, regional and international law inclusive of commitments to the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.

SIHA demands the immediate release of the woman or her transfer to hospital to receive necessary medical attention. Moreover, SIHA believes that the Attorney General should ensure that the victim is immediately able to file a rape case against the perpetrators and directs a full investigation into the crimes of rape and sexual violence. SIHA further demands that the international community exerts pressure upon the Sudanese government and judiciary to enable the victim to formally make the complaint of rape and thus enable suitable proceedings against the perpetrators to fully hold them to account.

For more information please contact joanne@sihanet.org or reem@sihanet.org on either +256 779 386 476 or +249 (0)912333763 (liaison with lawyers working on the case can be arranged as can statements from SIHA Regional Director)

NOTES AND INFORMATION:

  • Previous Press Statements by SIHA Network on the case:

Brutal Gang Rape of Pregnant Ethiopian Woman
Ethiopian Migrant Pregnant Rape Survivor Still Incarcerated and Prevented from Formally Making Rape Complaint

  • Although rarely executed, the sentence of stoning for adultery has been deployed twice in recent years, both times in 2012 where two women, Intisar Sharif and Layla Jamool were convicted for adultery. Following appeals in both cases, the sentences were overturned.
  • Details on Sudan’s Criminal Code relating to the charges of 146, 152, and 154 can be found on pages 2 – 11 of the SIHA report to the 52nd Session of the African Commission on Human and People’s Rights. The pursuit of justice for rape survivors in Sudan is severely limited by the construction of legislation with the burden of proof resting primarily on the victim.
  • A further report by Nobel Women’s Peace Initiative and the International Campaign to Stop Rape and Gender Violence in Conflict detailed the complexities of pursuing rape cases in Sudan and the re-victimisation by the legal system of those who have been violated.
  • Migrants in Sudan experience substantial mistreatment and marginalisation by Sudanese authorities and the Sudanese community at large. Significant animosity is directed towards the Ethiopian community on the pretext that they are steeling jobs with prejudices being laid against them that they are either HIV positive or that they are all prostitutes.

The Sudanese media has been engaged in an effort to defame and thus delegitimize the Ethiopian woman in a bid to reduce the perception of criminality by the perpetrators. Such defamation has included falsely claiming that she has HIV and claiming that she is a prostitute. There have even been cynical attempts to falsely claim that the men were accidently prescribed hallucinogenic drugs by a chemist beforehand.

Somaliland:2013 Media Awards recognizes media talents and quality journalism

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17 February 2014

By Goth Mohamed Goth

SomalilandPress- The Somaliland Journalists Association (SOLJA), in partnership with United Nations, are today celebrating 4 winners of the 2013 Somali Media Awards competition. The Media Awards recognize professionalism and excellence in the Somali media sector.

Somali journalists submitted entries across four categories – gender, children and youth, access to basic services, and investigative journalism. The winners were chosen anonymously and transparently by a jury of veteran Somali journalists with support from UN communications experts. 

The Somali Media Awards were established to encourage journalists who excel and exhibit professionalism in their field. Journalism can be an agent for positive change and development. A fair and impartial media sector can highlight critical humanitarian issues, as well as promote peace and development. For instance, the media has enormous potential to change the way that gender issues are addressed in the public domain through gender-balanced reporting or specific programmes on gender issues –such as gender based violence, female genital mutilation and women’s political participation.

“The quality of the winning entries and the professional style of presentation employed by the winners in the four categories is a testimony to the dedication and rising professionalism amongst the Somali media talent. I am delighted to recognize these talents through these media awards,” said Philippe Lazzarini, the UN Resident and Humanitarian Coordinator (RC/HC) for Somalia.

Lazzarinisaid it was vital that the Somali media is supported to continue in its role as an unbiased voice of the people, which reports responsibly and professionally. A strong media sector is also one of the pillars of a resilient civil society. Journalists should continue to defend the rights of vulnerable people in their communities and in their respective geographic areas to contribute to peace, justice, and freedom.

Somali journalists have over the past years shown a remarkable dedication to highlighting the humanitarian and development issues in the country. The UN is committed in building a strong, vibrant and responsible media for the benefit of all Somali people,” Lazzarini added.

The winners were awarded equipment to support their work, including laptops and voice recorders. By recognizing media excellence and the integrity of Somali journalists, the 2013 Media Awards will acknowledge, inspire, support and promote media excellence.

 

In Kontempt of Ethiopia’s Kangaroo Kourt?

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alemayehu g mariam:

A court of injustice or a court of cruel joke?

I must confess that I take a bit of perverse pleasure in getting full vindication for my long held view that the regime in Ethiopia runs a kangaroo court system. For years, I have been saying that there is no rule of law in Ethiopia and that the courts are kangaroo courts puppet-mastered by the political bosses of the “Tigray People’s Liberation Front”. The jailing of  Ato Asrat Tassie, the former Secretary General of Unity for Democracy and Justice Party, for “contempt of court” last  week is fresh evidence of the travesty of justice and the comedy errors that routinely take place in that country’s kangaroo court system.  

Ato Asrat is in jail for the “crime” of speaking truth to power; more accurately, for speaking truth to those who abuse and misuse political power cloaked in judicial robes. Ato Asrat is “charged” with “contempt of court” for expressing his feelings about a “documentary” and the possible outcome of his party’s defamation lawsuit against the “Ethiopian Radio and Television Agency” in the weekly Amharic magazine Adis Guday. Ato Asrat wrote, “Currently, the Akeldama drama is being aired on TV. This is happening during the ongoing trial of UDJ versus the Ethiopian Radio and Television Agency (ERTA), whereby the latter is accused of defaming the UDJ. We filed a suit against ERTA not expecting justice but just for the sake of recording it in history.”

In December 2011,  in my commentary “Ethiopia: Land of Blood or Land of Corruption?” I shared my review of the “Akeldama” documentary-cum-docutrash fabricated to canonize the late Meles Zenawi by demonizing his opposition as blood thirsty terrorists. 

‘Akeldama’ is sleazy melodrama. It has an exalted hero, dictator Meles Zenawi, the knight in shining armor, waiting in the shadows armed and ready to impale the wicked terrorists with his piercing lance. There is a damsel in distress, Lady Ethiopia. There is an assortment of scheming villains, conspirators, mischief-makers, subversives, foreign collaborators, and of course, terrorists who are cast in supporting roles as opposition leaders, dissidents and critics. It has a sensational and lurid plot featuring cloak-and-dagger conspiracies by neighboring countries, clandestine intrigues by Diaspora opposition elements, sedition and  treason by local collaborators, and of course terrorism. Naturally, in the end, good triumphs over evil. Sir Meles Zenawi, knight errant, political wizard, archer and swordsman extraordinaire, delivers Lady Ethiopia from the clutches of the evil and sinister Al Qaeda, Al Shabbab and their minions and flunkeys, namely Ethiopia’s opposition leaders, dissidents and critics. Hollywood’s worst horror shows have nothing on “Akeldama”. 

A follow up to “Akeldama” titled “Jihadawi Harakat” (“Holy War Movement”) was aired by the ruling regime in February 2013, purportedly exposing Islamic extremists and terrorists preparing for a “holy war” to establish an Islamic government in Ethiopia. I condemned that piece of docutrash in my commentary “The Politics of Fear and Smear in Ethiopia”: 

‘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 as 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. 

Ato Asrat’s incarceration for expressing his opinion about “Akeldama” is the regime’s underhanded way of punishing him and the UDJ for daring to challenge the content of that docutrash in “court”. It is also the regime’s sneaky way of thwarting the lawsuit by incapacitating Ato Asrat and diverting public attention from the  defamation  lawsuit. It is obvious the ruling regime is pissed off at Ato Asrat for standing up to them in their own kangaroo court and holding them accountable. No opposition leader or dissident ever “expects justice” in the regime’s kangaroo courts. Is that notorious fact a new revelation announced to the regime for the first time by Ato Asrat?  

I have long documented the regime’s misuse and abuse of the courts for political purposes. In a 2007 commentary titled “Monkey Trial in Kangaroo Kourt, I wrote about the Kafkaesque use of the courts by the ruling regime in Ethiopia to crush dissent and suppress criticism. Opponents are arrested for having done nothing wrong. Everything about the trial is a secret — the charges, the court procedures and the judges. They stand trial before know-nothing judges who do the bidding of their invisible puppet masters. Conviction is a foregone conclusion. Miscarriage of justice is a certainty.  

I must confess that I am amused by the Kontempt citation of a Kafkaesque Kangaroo Kriminal Kourt. I am not surprised by the (in)justice meted out to Ato Asrat by the wise Ethiopian judges who incidentally remind me of the  triple primates who “see no evil, hear no evil, speak no evil”. I take my hat off to Ato Asrat for standing his ground and for refusing to defend against a bogus “contempt” charge in a three-ring judicial circus.  

The law of contempt in Ethiopia’s kangaroo court 

Is writing in a magazine article and offering a critical review of a documentary (a veritable docutrash) aired on television contempt of court? Is criticizing the political subversion of the judicial process by the ruling regime contempt of court? Is expressing doubts and concerns about the fairness of a thoroughly politicized judicial system contempt of court? Is it a contempt of court to express one’s opinion about politics and law? Is the exercise of one’s constitutional right to free expression contempt of court? Is complaining about denial of due process and justice contempt of court? Is calling a spade, a spade contempt of court? It telling the truth contempt of court?

As an “officer of the court” in United States federal and state courts, I am a great believer in the principle of contempt of court. Judicial proceedings are solemn and deliberative processes which must be respected by all parties participating in them. The dignity of the court as it conducts its proceedings must be respected all times. Outbursts and other disruptive and disrespectful conduct in court and disregard of valid court orders outside of court are properly sanctioned in contempt proceedings.  

The law of contempt in Ethiopian criminal procedure has not changed for well over one-half century. The sanctions for contempt of court were originally incorporated in the Imperial Government’s “Ethiopian Rules of Criminal Procedure” (Proclamation No. 185 of 1961, revised) under Article 443. The original langauge was subsequentlu incorporated nearly verbatim in Article 449 of the “Criminal Code of the Federal Democratic Republic of Ethiopia” (Proclamation No. 414/2004).  Article 449 authorizes the court to hold a  person in contempt of court if that person “in the course of a judicial inquiry, proceeding or hearing, in any manner insults, holds up to ridicule, threatens or disturbs the Court or a judge in the discharge of his duty…” (Emphasis added.)

The scope of application of contempt sanctions is limited to improper conduct in the courtroom during “the course of a judicial inquiry, proceeding or hearing.” It has no application outside of the courtroom, unless the contempt citation involves violation of a valid court order. Ato Asrat cannot be held liable for contempt for any writing he may do outside of a “course of judicial inquiry or proceeding.” More importantly, his comments could in no way be characterized as “contempt of court” under Article 449 since they do not “insult, ridicule, threaten or disturb the Court or a judge in the discharge of his duty…” Taken separately and/or contextually, his comments were aimed not at the court but the regime’s manipulation, interference and distortion of the judicial process.  In sum, what Ato Asrat did is merely express his opinion outside of court in a magazine article about the general  politicization of the judicial process.    

One of the unmistakable marks of a kangaroo court is the abuse and misuse of the judicial process by politically appointed “judges” for partisan political advantage. By misusing its contempt powers, the “court” that jailed Ato Asrat improperly involved itself in political matters in which the UDJ and the ruling regime are in adversarial posture. Suffice it to say that a court that deliberately and intentionally disregards its legal and ethical obligations and injects itself in politics is itself in contempt of justice.

It is fascinating to observe the hijacking of legitimate judicial authority by hardened criminals. Imagine the lunatics taking over the asylum; imagine the criminals taking over the courthouse. Everyone knows the make-believe “justice” system in Ethiopia is the handmaiden of a kleptocracy, a thugtatorship. The “court” adjudicating Ato Asrat’s “case’ is incapable of handling the truth or administering justice; it is an instrument for the  judicial lynching of regime  opponents.  

Let’s talk about kontempt of justice in kangaroo kourt     

Let’s talk about contempt of justice. For over two decades, the late Meles Zenawi and his successors today have been in contempt of justice. They have used, abused and misused the justice system and the courts for their political purposes and to persecute and prosecute their political opponents. They have used the courts convict their political opponents on bogus charges of treason and terrorism. They have incarcerated untold numbers of their opponents without due process of law. They have used the legal process to deprive citizens of property rights. They have shielded themselves from all legal accountability. They have even used the courts to neutralize and incapacitate their former comrades-in-arms on bogus charges of corruption. 

In January 2012, journalist Reeyot Alemu and Woubshet Taye were convicted on “evidence” that would have been laughed out of court in any civilized justice system. Reeyot was convicted for writing magazine articles and posting them on websites, communicating by email and for having telephone conversations with other journalists. She was sentenced to a 14 year prison term and fined birr 33,000.   Amnesty International declared, “There is no evidence that [Reeyot and Woubshet] 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.” Human Rights Watch was equally clear about their innocence:  “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….” Reeyot’s and Woubshet’s conviction is contempt of justice in kangaroo kourt!

In June 2012, Eskinder Nega was found guilty of  “planning, preparation, conspiracy, incitement, and attempt” to commit terrorist acts and sentenced to 18 years in prison. The evidence against Eskinder consisted of nearly inaudible recordings of telephone conversations and other comments and video of a town hall meeting in which Eskinder discussed the differences between Arab countries and Ethiopia. Eskinder has been honored for his exemplary defense of the cause of press freedom by nearly every major international press organization. In January 2014, the World Association of Newspapers and News Publishers awarded Eskinder its prestigious 2014 Golden Pen of Freedom. Jailing a journalist for 18 years for blogging is contempt of justice in kangaroo kourt!

In October 2011, Meles proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while these individuals were undergoing trial. Meles declared Persson and Schibbye are terrorist accomplices and collaborators: “They are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.”

By publicly declaring the guilt of Persson and Schibbye, Meles made it clear that the whole judicial proceeding is a joke. The trial is a “show trial”. The judges are  puppets who do what they are told. In short, Meles declared to the world that the court trying Persson and Schibbye is a kangaroo court. After Meles emphatically declared the two journalists are “messenger boys of a terrorist organization”, what judge in Ethiopia (except Birtukan Midekssa) would have the balls to stand up and say, “Meles! You are in contempt of court for violating the journalists’ right to be presumed innocent! You are in contempt of justice for trashing the constitutional rights of the accused! 

In 2009, Meles’ top minion 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 “tried” and “convicted” and given long sentences. For Meles, court trials were nothing more than circus sideshows staged for the benefit of  Western donors who know better but go along to get along with him.  That is contempt of justice in kangaroo kourt! 

In December 2008, Meles railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, to prison on the bogus charge that she had denied receiving a pardon. She was not even accorded the ceremonial kangaroo court proceedings. Zenawi sent her straight from the street into solitary confinement and later sadistically declared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” Macho Meles was so pissed off at Birtukan, the only woman in Ethiopia who stood up to his thuggish bullying, he could not wait to try her in his kangaroo court. He “pardoned” her in October 2010 after forcing her to ask for pardon. Jailing one’s political opponent without due process of law and forcing them to beg for pardon is contempt of justice! 

In 2005, after Meles jailed the country’s major opposition leders and editors of several newspapers,  he declared,  “For us, these are not just journalists. They will not be charged for violating the press laws. They will charged, like the CUD leaders, for treason… The CUD (Kinijit) leaders are engaged in insurrection — that is an act of treason under Ethiopian law. They will be charged and they will appear in court.” They were charged as Meles predicted and convicted in kangaroo court. That is contempt of justice in kangaroo kourt! 

The fact of the matter is that everyone knows Ethiopia’s “courts” are classic kangaroo courts.  Everyone knows the so-called judges in political trials of opposition groups, dissidents and others are party hacks and lackeys dressed in judicial regalia. This is not the conclusion of a partisan advocate but the considered view of the U.S. Government and various international human rights organizations. Human Rights Watch concluded in its 2007 report: “In high-profile cases, courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.” The 2010 U.S. State Department Country Reports on Human Rights Practices concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence. A criminal court system that is subject to significant political intervention is contempt of justice!

Ethiopian justice or JUST US?

I have long criticized and caricatured the “justice sector” of the “Tigray People’s Liberation Front” as sham, corrupt and whimsical. What passes off as a “justice system” in Ethiopia is little more than a marketplace where “justice” is bought and sold in a monopoly long controlled by one man, one party and today a bunch of faceless, nameless and clueless apparatchiks who skulk in the shadows of power. The judicial system is an elaborate hoax complete with make-believe tribunals, hand-picked judges, witless prosecutors, bogus procedures and predetermined outcomes. 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 criticisms, pleas and bootless cries of international human rights organization. It is a system in which regime leaders, their families, friends and cronies are above the law and spell justice “JUST US”.

Reforming the Ethiopian JUST US sector?

In 2008, the National Judicial Institute for the Canadian International Development Agency undertook a comprehensive study of the “independence, transparency and accountability in the judiciary of Ethiopia” and made 33 practical recommendations. Among the key recommendations included: 1) demonstration of “respect  for  the  principle  of  judicial  independence, both  by  judges  and  by  the executive; 2)  implementation of a “more rigorous and transparent recruitment process to ensure that the most   meritorious  [judicial] candidates  are  selected; 3) appointment of “neutral, competent judges [to guard]  against  influence  and  corruption,  and  [to] guarantee effectiveness of the courts for Ethiopia’s citizens”; 4)  “successful implementation  of  justice  sector  reforms to  inspire  public  trust; and 5) provision of “appropriate  ethical training to court  staff .” It is unlikely that anyone in the regime has taken the time to read, let alone study, the report and its findings and implement at least some of the major recommendations. I know that is expecting too much, which is why I expect no improvements in the Ethiopian justice sector. A kangaroo court by any other name is still a kangaroo court and justice is spelled JUST US.

Words of solace to Ato Asrat and the UDJ

The bogus contempt charge against Ato Asrat is a virulent form of judicial intimidation, or more accurately political intimidation and bullying in judicial garb. The contempt charge is a test to see if Ato Asrat and the UDJ will fold or fight. Ato Asrat chose to fight by refusing to go along with an unjust application of the contempt law. The broader message is that the regime will misuse the “courts” to silence, muzzle and gag its opponents. 

Dr. Martin Luther King, Jr., argued that while he “in no sense [would] advocate evading or defying the law,” he believed that one has a moral duty to break and not cooperate with an unjust law. In his Letter From Birmingham Jail Dr. King wrote, “I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws…An unjust law is no law at all.” Dr. King “became convinced that noncooperation with evil is as much a moral obligation as is cooperation with good.” Gandhi, who refused to obey unjust colonial laws and was arrested and jailed numerous times, wrote, “An unjust law is itself a species of violence. Arrest for its breach is more so. Now the law of nonviolence says that violence should be resisted not by counter-violence but by nonviolence. This I do by breaking the law and by peacefully submitting to arrest and imprisonment.”

Ato Asrat has followed the path of Gandhi and Dr. King. By refusing to defend against a bogus charge of contempt of court, Ato Asrat has demonstrated his noncooperation with those running a kangaroo court circus. His conscience told him that the contempt charge is unjust and now he “willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice.”

I applaud Ato Asrat for his defiant act of civil disobedience. Ato Asrat deserves our utmost respect, admiration and support for his exemplary act of nonviolent resistance. He has taught us a great lesson: We all have a moral obligation of “noncooperation with evil as much as moral obligation to cooperate with good.” 

Postscript:

Ato Asrat’s incarceration for “contempt of court” is the regime’s first shot across the bow. It is a warning to all opposition party leaders and members and dissidents as the regime makes preparations for the 2015 make-believe elections (N.B. I did not say to steal) The regime is testing the mettle of opposition leaders. Will they cower under the threat of arbitrary arrest and detention withdraw from challenging the regime? Will they run and hide from thugs who will use their power to impose their will? Or will they stand up and declare, “We will nonviolently resist and defiantly refuse to cooperate with your unjust laws and arbitrary actions that suppress our rights to free expression, press freedom, assembly, free and fair elections and trash our human rights!” Time will tell, but everyone should be well-advised that the regime has fired its first shot across the bow by jailing Ato Asrat. 

Hijacking the judiciary is the first refuge of African dictatorships. 

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