Monday, July 03, 2006

AWAKENING GIANT!


CAN ETHIOPIANS AND ETHIOPIAN AMERICANS LIVING IN AMERICA MAKE A DIFFERENCE IN THEIR HOMELAND?

(Full text of address given on July 2, 2006, at the Ethiopian American Council of the United States Forum, the LAX Hilton, Los Angeles, CA.)

Amesegnalehu. Enquan dehna metachehu.

Thank you. Thank you very much.

First, I would like to thank all of you for taking the time to come to this event. We appreciate very much your presence here today.

I would like to offer my special thanks to the Ethiopian Americans Council of the United States (EAC US) for organizing and sponsoring this event and for facilitating dialogue on issues that are critical to us in America, and our brothers and sisters in Ethiopia.

The very existence of the Ethiopian Americans Council and other similar organizations is proof positive that we have come of age in America.

I would like to congratulate the Ethiopian Sports Federation of North America as it opens its 23rd annual Ethiopian Soccer and Culture Festival in Los Angeles.

Ms. Ana Gomes is here with us today.

As you all know, Ms. Gomes is a great friend and a staunch defender of democracy and human rights in Ethiopia.

Who can forget?

Ana is the one who called the international cops when she witnessed the wholesale theft of an election, and the hijacking of democracy in Ethiopia in 2005.

Ms. Gomes, thank you for being here with us, and for standing up for us.

Although our great champion, Representative Christopher Smith of New Jersey, is not here with us today, we have our brother in the cause of justice and human rights, Mr. Greg Simpkins of the House Subcommittee on Africa, Global Human Rights and International Operations.

Greg, we are indebted to you and Chairman Smith for your dedicated and tireless service in the cause of freedom, democracy and human rights in Ethiopia.

When others chose to became mouthpieces for the doers of inequity and apologists for ballot thieves, cold-blooded murderers and jail keepers, Chairman Smith and yourself stood up and upheld the principles of human rights and insisted that the democratic verdict of the people must be respected.

We thank you!

Last but not least, I want to extend a warm welcome to any government representatives who may have traveled far and wide from the homeland or the nation’s capital to attend this event.

When you return and file your reports on these proceedings today, I hope you will dare tell the truth -- nothing extenuate -- that you came upon a peaceful gathering of Ethiopians in Los Angeles.

That you heard them talk. And that they talked of nothing but freedom, human rights and democracy in their homeland.

Report to your superiors that these Ethiopians bear malice towards none, but stretch out their hands in friendship, peace and good will to all.

Ladies and Gentlemen:

I am an academic and a lawyer by profession.

I have spent a good part of my adult life teaching young Americans in the art and science of politics and the law.

The balance of my professional life has been largely dedicated to defending the rights of the accused, and safeguarding American civil liberties to the best of my ability.

I believe this has been and continues to be a worthwhile commitment for me.

I will confess to you today that I have not had the good fortune of rendering much service to the land of our fathers and mothers.

I assure you, this is not for lack of interest or desire on my part.

The fulfillment of my boyish hopes and dreams was to return to the motherland one day and make a contribution, however small.

But as you know, things fall apart, and so did my hopes and dreams.

Perhaps, some of you may sympathize with me if I tell you that I carry with me a sense of guilt about the way things turned out.

I should also let you know that I have been away from the motherland for many years now, perhaps to many to count.

But I assure you that I may have left Ethiopia, but Ethiopia has never left me.

My case is a simple one. To adapt an old saying: “You can take the kid out of Ethiopia, but you can not take Ethiopia out of the kid!”

That is exactly how I feel.

Let me also set the record clear at the outset.

I am a follower of Mahatama Ghandi and Martin Luther King Jr., two great leaders who were deeply inspired by the teachings of Christ.

I believe in the ways of nonviolence, truth and love.

I also believe that mere declaration of faith in these principles is not enough.

Ghandi and King have taught that the highest expression of love for mankind is to love justice, the highest virtue to stand for truth, and the highest value, compassion for our fellow man and woman.

There is no place for violence where justice stands tall.

No place for oppression where law reigns supreme.

I believe we prove the righteousness of our cause not in battlefields soaked in blood and filled with corpses, but in the living hearts and thinking minds of men and women of good will.

And so today I come before you to share a few words about a question of great interest to all of us:

Can we -- Ethiopians and Ethiopian Americans-- make a difference in our homeland while living, working and struggling in America?

I shall argue that we can, and in fact, are making a world of difference today.

As I labor to answer this weighty question, I wish to speak with you, my friends, not as an Ethiopian, not as an American, but as an Ethiopian American.

I want to speak with you as one who was blessed to have been born in a country unrivalled for its beauty and the compassion of its people, and also as one who had the great fortune of living in a country that strives to be a beacon of democracy in the world.

I am going to speak with you bluntly today, and so I ask for your forgiveness in advance if the truth as I see it makes you uncomfortable, makes you question yourselves and your values.

I believe we must step out of our comfort zones if we are to do anything that will make a difference in our homeland.

It is no secret that our homeland today is gripped with terror and tyranny. And our people are floating precariously on a sea of melancholy and despair.

Over the past year, an irreversible course of tyranny has been charted in our country. And the light of freedom has been extinguished.

Everyday, our people look towards the westward sky for signs of hope.

But the star on the westward sky shines dimly.

Their despair deepens, and they are overwhelmed by a sense of abandonment.

And so today I have come here to gaze with you towards the heavens and face the question: “Can we make a difference in our homeland while living, working and struggling in America?”

My friends, this innocent question is pregnant with a serious accusation.

Today, we stand accused of the crime of moral indifference to the suffering of our people, moral indifference to evil!

You may ask: Who dares make such an outrageous accusation!!

Allow me to me tell you a little story.

A few weeks ago, I had a chance meeting with a bright young man who had recently arrived in this country from Ethiopia.

In the course of our conversation, this young man asked me to explain to him why it is that Ethiopians in America seem not to care or be able to do much to help the suffering of their brothers and sisters in the motherland.

He said to me words to the following effect:

“There are many of you in America who are well educated, prosperous, politically and socially aware, but you do not seem to do much for the country that gave you birth.”

I must admit, I was caught a bit off guard by this matter-of-fact observation.

For a moment, I thought I was being asked not so much to offer an explanation, but to present an instant defense to a state of facts.

But the young man’s inquiry was innocent enough.

Surely, he asked not out of malice but with the same innocence of a child who notices something out of place and is puzzled.

I don’t know if it was a reflexive reaction of a guilty mind on my part, but suddenly I felt I was standing accused:

Is this young man asking a question or condemning us all for living in America in relative luxury, apparently unconcerned and disengaged from the life of our homeland?

Is he asking me and the rest of us to make sacrifices?

In that fleeting moment, I thought I should object strenuously:

“What right do you have to expect sympathy from us or even assume we are patriotic enough to care?

Who are you to question our morality?”

I was uncomfortable. I was being held accountable. I did not like it.

I wanted to feign righteous indignation. Chastise him for his audacity to ask such an impertinent question.

But I thought it safer for me to steer the conversation away from this unrelenting question, and casually brush him off with an off-the-cuff response about not really being able to do much from thousands of miles away.

May be, I thought, he will buy it and will not insist on an answer. I will be off the hook.

But he did not have to ask again. I was deeply stung by his question.

I could not walk away by giving him a flippant answer. It would be disrespectful. And if I did not answer his question forthrightly, I thought I’d be at serious risk of compromising my own intellectual integrity.

I did not have to think much.

It dawned on me that the young man was not merely asking a question, but in fact indicting us all for the crime of moral indifference in the first degree, for failure to assist in the plight and suffering of our brothers and sisters in Ethiopia.

It was distressing to me.

You know, moral indifference to evil is the greatest crime of all.

It comes bundled with the lesser included offense of moral cowardice.

If the philosophers are right in teaching that suffering is what makes a human being human, then indifference to the suffering of our brothers and sisters is a demonstration of our inhumanity.

If the philosophers are right in teaching that compassion is what makes a human being human, then indifference to their plight is an act of cruelty.

If justice is what makes a human being human, then indifference to injustice is an injustice itself.

I submit to you today that when one is indifferent to the suffering of others, one has indeed taken a moral stand.

A moral stand which says, the life or pain of one’s countrymen and women is of no consequences. That their lives have no real value or meaning.

Now, I know, it is convenient to be indifferent. We do not have to get involved in another person’s despair or pain.

But if the accusation of indifference in the young man’s question is true, we are at perilous risk of losing not only our moral standing, but our essential humanity as well.

I felt I had to say something to convince this young man that everything is OK! Stop him from pursuing this uncomfortable line of questioning.

I desperately wanted to present a credible defense.

I wanted to tell this young man that life in America is really difficult.

He must understand that everyday we are fighting for survival.

We work long hours and we get weary.

We do not have time to tend to our own affairs, let alone to get involved in politics and save others. We need to be saved ourselves.

I wanted to tell him that he was new and naïve.

It will take time for him to understand the trials and tribulations of the black immigrant experience in America.

He will soon find out. It’s a jungle out there. Yes, live in America for a year and ask me the same question, I wanted to challenge the young man.

I wanted to tell him it takes generations to mature politically and integrate into the American political system and influence policy outcomes. He must understand, it’s not that easy.

I desperately wanted to convince him there really wasn’t much that we could do. That is just the way things are!

But I knew this litany of lame excuses was disingenuous at best, perhaps bordering on the dishonest.

I knew better.

There is really no defense against a charge of moral indifference to the suffering of others.

There is no argument in support of silence in the face of injustice.

There is no defense against a charge of inaction, apathy and political paralysis when our people suffer under the yoke of a brutal and merciless dictatorship.

There is no excuse for not taking a stand when our motherland teeters on the precipice of disaster.

I thought I should be honest with this young man, and answer his question without evasion.

“It is not lack of interest or compassion or inability to identify with the suffering of our brothers and sisters,” I confessed to the young man.

The real reasons, I said, are simple.

“You see, some of us do not know how to get involved, organize politically, or use resources available to us. We lack knowledge and experience.”

Some of us, I said, remain estranged from our homeland.

The wounds that have been inflicted upon us in the past are too deep and too painful, and have yet to heal.

Our thoughts can not be homeward bound. It hurts too much to look back. To think back.

Some of us live in America, I told the young man, resigned to a life of quiet desperation.

We feel lost. We do not feel at ease and at home in America. America is a wilderness to us.

We feel permanently cut off from our roots.

Some of us, I said, have given up hope and faith in the future of our motherland.

We are overwhelmed by the unending misfortunes that have befallen our beloved country.

We know all too well, our brothers and sisters die everyday not only from the bullets of ballot thieves and oppression, but also from the scourge of AIDS and debilitating poverty.

It is all too much to bear.

Some of us are afraid, I told the young man, afraid to speak, afraid to take a stand, afraid to be seen doing the right thing.

We lack courage. We fear our own shadows.

We are paralyzed by distrust and mistrust of each other, unable to unite or cooperate in any meaningful collective action.

Some of us, I said, are drowning in a sea of consumerism and suffocating ourselves in lifestyles well beyond our means. We struggle to keep our heads above water.

We don’t have time to worry about anyone else.

I told the young man some of us have our own individual interests to protect.

We are building homes, operating businesses and helping in the economic development of our people. We want the best of both worlds.

Our credo is “Business and politics do not mix.”

Our mantra: “Leave politics to the politicians.” We can’t get involved.

We stand on the sidelines hoping against hope that if things change, we will still be around and still get ahead.

And, I said, yes, some of us, some of us, just do not care. We couldn’t care less!

I saw an expression of shock and dismay on this young man’s face.

Perhaps he did not expect such disarming honesty.

But I was not about to let him down!

“But look at us now!” I said effusively. “We are the sleeping giant beginning to awaken!”

“Did you feel the tremor in the Ethiopian political landscape when Chris Smith introduced the Ethiopia freedom, human rights and democracy act in the United States Congress?” I asked the young man.

Did you feel the earth move when we stood together shoulder-to-shoulder and said to Pharaoh:

“Release the prisoners of conscience, now!”

“Keep your hands off the free press!”

“Let justice flow in our country like the mighty waters of the Blue Nile!”

Did you feel it?

“Look at us now,” I said.

We are organizing, building coalitions and action groups, not only to demonstrate in the streets of America but also to walk the halls of Congress and executive branch offices.

“Look at us now!” I said. We are mobilizing at the grassroots level, groups with different agendas are coming together, uniting in a common purpose.

A new generation of Ethiopian Americans is taking upon the cause, and their thirst for justice in their ancestral homeland is no less than our own.

Our sons and daughters, born and raised in America, have claimed their identity, and their pride in their heritage is only exceeded by their enthusiasm to help their people.

Look at us now!

We are forging ahead-- without discouragement or reserve of action.

I could see the young man’s eyes lit up with anticipation and joy.

I wanted to reassure him.

“We can not turn our backs on the history of the past year.

We can not sit silent when freedom is rooted out, democracy hijacked in broad daylight, our brothers and sisters butchered in the streets, human rights trampled and the innocent languish away in overcrowded and unsanitary jails.”

We can’t. We won’t!!

We insist on a forward course, the only course. We have no avenue of retreat from our present struggle for human rights, democracy and freedom in our homeland.

And so, I told the young man what I believed to be the truth.

I am not sure if he believed me, but I tried.

As I left the young man, the question he planted in my mind kept gnawing at me.

I felt he had served us all in America with a summons issued by our brothers and sisters in Ethiopia.

It is a summons that calls upon us to testify in the cause of freedom and justice.

It is a summons that calls us to be drum majors for human rights, and advocates and defenders of democracy.

And this is what the summons says:

“We are your brothers and sisters in Ethiopia. We have no voice, could you speak for us?

We can not tell the story of our suffering because we have no free press. Could you tell the story of our suffering to the world?

Our eyes have been blinded. Could you help us find our way?

And our ears have been rendered deaf? Could you sign for us?

Our faith is wilting under tyranny and oppression. Could you pray for us?

We are in despair, could you be our hopes?

My friends: If we fail to answer the summons of our people today, we will surely be indicted by posterity, by generations to come who will point an accusatory finger and say:

“They remained silent when they could have spoken.

They stood by idly, when they could have acted.

They turned their backs, when they could have extended a helping hand.

They saw our sacrifices, and walked away.”

Then, my friends, we will have no defense.

And so, generations yet unborn will look back at us and pay tribute for what we have done or condemn us for sitting by idly.

We will face the judgment of history, that there once lived Ethiopians away from their homeland.

Much was given to them, but they returned little.

Much was expected from them, but they turned up empty.

But I am optimistic that when a jury of posterity sits in judgment and renders its verdict, we will be praised for our courage, for our unflagging pursuit of justice and human rights, and indefatigable defense of democratic principles.

My friends, in the tradition of folklore, there was once a mighty man who fell asleep.

Seeing this mighty man in deep sleep, a crowd of small men began to tie him up from stake to stake, across hand and foot, leg and arm, neck and body.

These little men bragged to each other that they have finally caged the great giant into submission.

From time to time, the giant would take a deep breath, and some of the stakes and ropes would snap.

The little men, terrified by the thought of the giant waking up, would scramble furiously and retie the ropes.

But in time something happened that was beyond the imagination of the little men.

The giant began to awaken and flex his muscles.

The ropes which seemed to be permanent shackles to the little men broke like strands of cobwebs as the giant began to stretch.

I submit to you that Ethiopians in America today find ourselves in a position similar to that of the giant.

We had fallen into a mighty sleep, and in our sleep little men had bound our minds with ethnic hatred and division, shackled our wills with fear, riveted our mouths with savage threats, and blinded our vision with gifts of shimmering gold and silver.

But, we are awake now!

We awakened when we heard the cries and wails of the innocent who languish away in Zenawi’s jails.

We awakened when we heard the call for help in the dying voices of the courageous young men and women who were massacred chasing ballot thieves.

We awakened when we heard the voice of Ana Gomes saying, “The Ethiopian people have been betrayed by those who continue to govern in their name without a proper mandate.”

We awakened when we heard the voice of Christopher Smith ringing in the halls of the United States Congress pleading for freedom, human rights and democracy in Ethiopia!

We awakened because the silence of the Ethiopian free press was deafening.

We awakened when our children tugged on our hands and said, “Wake up mother and father. It is a new day. It’s time to act!”

We began to flex our muscles when we heard the savage threats and boastful arrogance of the adversary.

We began to stretch our muscles when the adversary thumbed his nose at international law.

We stood up and proclaimed to the adversary: “The people have spoken. You must accept their verdict!”

My friends, I began my conversation with you with a question:

“Can we – Ethiopian and Ethiopian Americans -- make a difference in our homeland while living, working and struggling in America?

I suppose I do not have to give a definitive answer to that question now.

The giant is awake! The giant is sitting in this room.

The giant is at this soccer tournament, and in every state, city and town in America.

Look around you and ask him.

Look around you and ask her.

The giant can give you the answer.

But I will be glad to share with you my humble personal views on this important question.

The tragedy for us in America today is that we have great power, but do not know how to use it.

We have great energy of purpose, but we do not know how to harness it.

And we have great knowledge, but we do not know how to put it in the service of justice.

My view is that whether we can answer the question put to us by history depends on our answers to a number of other vital questions.

And so I will advance them to you today.

Can we purge the poison of ethnic hatred from our hearts and minds?

I believe we must undertake an internal struggle in our minds and hearts and cleanse ourselves of the poison of ethnic hatred.

I realize that maintaining perpetual ethnic antagonism is the lifeline of those who misgovern our homeland today, and it is an issue that causes me the deepest anxiety and anguish.

We must stand united, shoulder-to-shoulder and stamp out this malignant cancer from the body politics of our country.

Some of us, long denied our rightful place in society and politics, speak of secession and separation from the motherland.

Such talk, I believe, springs from deep feelings of dispossession and deprivation and frustration, and testifies to the success of our adversary’s ability to sever the everlasting bonds of marriage and blood, and sisterhood and brotherhood and nationhood we have shared for millennia.

I can not accept the core principle of those misgovern us today that Ethiopia is merely a nation of ethnic reservations. Ethnic federalism is the tool used by the adversary to keep us alienated from each other and in perpetual antagonism.

No! No! No. We are first and foremost Ethiopians, one people, woven by the hand of the Almighty into the most beautiful ethnic mosaic in the world.

Look in the Holy Bible. Look in the Holy Q’uran.

The learned scholars tell us that Ethiopia and Ethiopians are mentioned in the Holy Bible no less than thirty-three times, and as many times in the Holy Q’uran.

And so, whatever language or dialect we speak in our country, we have shared the same name for millennia: Ethiopia and Ethiopians. No one can change that! We should not allow anyone to change that!

And so, I reject those who proclaim that we live in our country merely as ethnic partners in a marriage of convenience.

I take great pride not only in our unique regional and geographical communities, but also rejoice in our tradition of diversity and tolerance.

But we must take a clear and unambiguous stand against the politics of ethnic hatred.

If we allow ethnic hatred to fester and smolder, one day we will find ourselves consumed by it.

Let us also not forget that the world is shrinking every day through advanced technology.

More and more people are thinking and acting globally.

The politics of narrow nationalism and ethnic division have appeal only to those leaders who seek to feed their own insatiable appetite for power.

I have no doubts that we will ultimately overcome the destructive passions of ethnic hatred, but we can do so only if we value our brotherhood and sisterhood and nationhood more than the vestigial bonds of ethnicity.

Do we have a vision?

We must be clear about what it is that we want for our homeland. We want change, but what kind of change do we want?

If we are not clear about what change we want, any change will do. We will be back to square one soon enough.

We will need substantial intellectual force to help us define a vision of what we want to become as a society and as a nation.

We have that force, we are that force, but we need to deploy it.

Without a vision, my friends, we will only have sight, and only a blurred view of the future.

Can we cultivate leaders who are able to subordinate their personal ambitions to the common good?

Leadership is the flip side of vision.

We need to cultivate leaders who want to lead not out of personal ambition or selfish interest, but out of a desire to serve the common good.

We have many such leaders amongst us today, but they need to come forward and join the march, lead the march, follow the march!

Can we build welcoming and nurturing organizations?

It is true, we can do a few things individually, but if we participate and collectively act within the framework of organizations, there is no limit to what we can do.

During the American civil rights movement, there was a popular catchphrase that went something like this:

“If I push you with a single finger, you may not move, but if I push with all ten, you will surely lose your footing.”

I realize that some of us may have had disappointing experiences in the past with organizations of one type or another.

Some of us may have been turned off by the lack of vision, transparency and accountability in our prior experiences with organizations.

But if we insist on bringing this baggage of discontent and disillusionment from the past to our future collective efforts, we would be giving the adversary the greatest gift he can hope for -- self-defeat, disunity and discord. We would have done his job for him!

But if we unite in a common purpose, in the words of the old song: “There ain’t no stopping us now!”

Can we change the way we look at ourselves?

Far too many of us look at the world as victims.

We are quick to sound the trumpet of defeat and say, “men yaregal, yalekelet neger new. Esun te-wew.”

Some of us counsel defeatism: “Don’t waste your time. It is impossible to organize and unite Ethiopians in action.”

Some of us explain the die was cast by the Almighty: “We have been cursed to a fate of discord, disunity and division. There is no hope!”

We tell each other things have been bad for a long time in Ethiopia. Nothing can change. Nothing will ever change.

Some of us even doubt divine mercy and declare: “God has abandoned Ethiopia!”

Some of us in our bootless cries ask where Ethiopia’s educated children have gone when their people are being massacred and jailed by the thousands, their country’s wealth mismanaged and plundered by the practitioners of corruption.

“Why are they silent?” we ask. “Where have the Ethiopian men gone?”

Some of us even comfort ourselves in despair saying: “Compared to the Derg, it’s really not that bad. This too shall pass.”

Some of us are quick to criticize and condemn each other, and sit in judgment of each other’s organizations and leaders for sins committed, and yet to be committed.

We malign and defame those individuals who strive to offer leadership and build organizations, and spread rumors about their individual and leadership integrity, often with little evidence.

We accuse each other of misconduct and improprieties, which if proven, could be felonious violations of the law.

I get weary listening to some of our brothers and sisters who, out of frustration and despair, have become unwitting prophets of defeatism, self-negation, self-doubt and doom.

I don’t blame them for their frustrations and disappointment.

When your spirit is broken by a long train of abuses, and you have no outlet for your frustrations, it is easy to cling to defeat.

When your hopes for democracy and freedom are dashed, and find yourself floating on a sea of despair, defeatism offers a comfortable safe harbor.

But I believe we must change our attitudes and perceptions about ourselves before we exert our labors to help others in changing their circumstances.

We must constantly remind ourselves that we are in charge of our destiny, but if we do not change the way we look at ourselves and act decisively, destiny will surely be in charge of us.

Are we prepared to take on the challenge?

Knowledge is power, but knowledge combined with action has the force of cosmic energy capable of moving individuals and nations.

We must educate ourselves on the American political process.

More importantly, we need to educate ourselves and our children on our rich history and heritage.

We need to learn from each other. We need to teach each other.

Can we learn from our experiences in America?

I believe there are two great lessons we can learn from our experiences in America.

One is that people of diverse national, ethnic and racial backgrounds can live in an imperfect harmony with each other and prosper together. Thrive together.

Another lesson is that we need to learn to do politics in the open. To debate our differences in the open. To challenge each other in the open.

And to do so, always, with civility and respect for each other.

We should abandon the politics of intrigue and suspicion.

It has proven destructive our homeland, and it will not serve us well here.

Can we take advantage of the resources available to us here?

We have enormous resources on our hands. We have the advantage of numbers. We count in the hundreds of thousands in America.

We have expertise. We have brothers and sisters who have excelled in the arts, sciences, law, medicine, the humanities and other fields of knowledge.

We have allies in the halls of the government and elsewhere -- members of Congress, executive branch officials at all levels, and international human rights organizations.

They want to hear from us. They want to help us.

But we must seek their help fully prepared to answer their questions and address their concerns.

There is nothing more irksome to our allies than to seek their help but be ignorant of our own cause.

We have the most powerful communications tool -- the internet -- at our fingertips. Let us it to create and network virtual communities across cyberspace.

And we have the greatest resource of all: ourselves and our children.

We need to engage our youth in the great cause of freedom, human rights and democracy in Ethiopia.

Their yearning to learn about their ancestral homeland is deep and expansive.

We must teach our youth in America to be proud of their history and heritage.

They should know in their hearts and minds that our people are not the wretched of the earth. We are not merely news footage from the pages of the apocalypse that they see on television.

Let us also answer their questions honestly:

“Why is there so much suffering in Ethiopia? Why is the news about Ethiopia mostly about famine and starvation and political turmoil? Why do they allow so many kids of our age to die from AIDS? What are you doing about it mom? Dad?”

It causes me great pain to see our children, with downcast eyes, deny to their school mates that they are not really the same as those Ethiopian children you see on TV dying from famine, starvation and poverty.

It causes me great pain to see the sheer terror in the faces of our children who take upon a class project on our country, but are embarrassed and ashamed to talk about our people’s poverty and suffering.

But I tell the young ones, “Do not feel ashamed. You come from a great and proud people who have maintained their independence for 3000 years. You come from a land of heroes. You come from good people. Compassionate people. Affectionate people. Respectful people.”

I believe our youth have the intensity of passion that most of us had not too long ago.

Let’s help them lead us. Let us prepare them for leadership.

Let us also strive always to be inclusive of all who agree with our principles and our cause, but disagree with us on strategy.

If we agree on the destination and we are all aboard the freedom train, we can sit at a table of brotherhood and sisterhood and chart the course of our destiny.

Let us join with each other in a common purpose.

Now, allow me to say a word or two about resource management.

Resources require careful husbandry. We should not overtax and make unreasonable demands of our allies and supporters.

Those of us who play leadership roles, and aspire to such roles should be careful in the way we administer the funds and resources we gather for our cause.

Some complain that adequate accounting is not given for the administration of resources. Some even hold back in their contributions because they feel unsure about the ultimate use of their funds.

We should strive to inspire confidence that resources we collect for our cause are administered not only with the highest ethical standards, but also professional standards of accounting.

Do we understand the adversary? Can we learn from him?

We should not be naïve. We have a formidable adversary. We should not underestimate him.

He is wily. He is treacherous. He is resourceful.

He has unlimited financial resources. And he is resilient.

And, my friends, he has a Master Plan.

It is a stealthy and Machiavellian Master Plan.

It relies on the use of mercenaries to defeat, buy or destroy the opposition in the Diaspora.

You will find this Master Plan in a 52-page Amharic booklet with the title roughly translated as “Constituency Building Strategy for the Ethiopian Year 1998.” You will find it on the web. http://www.ethioforum.org/pdf/tplf_secret.pdf

When you read the Master Plan, you will see that the adversary will use every device of political partisanship to subdue the giants in the Diaspora, to give them the opiate of money and privilege just to lull them back into slumber.

Skip reading this Master Plan at your own risk.

Now, we should be mindful that our boastful and arrogant adversary has great contempt for us.

I suppose he is probably sitting somewhere now and laughing at us with contempt, saying:

“Let them talk. What are they going to do? We got ourselves in power with the force of arms, let them come and remove us with the force of arms, if they can!”

Yes, we have a clever adversary. He knows of our difficulties to act in unity, to follow through.

In fact, he uses our apparent weaknesses to discredit us before the international community, and use every avenue of propaganda to scandalize our name.

He tells the international community, “The opposition is disunited. They have no plan or program. Those in America are just bankrollers. They are former Derg supporters, outdated royalists, Amharas who lost their privileges, and so on.

If they ever took power, the sky will fall. The country will go to hell in a hand basket.”

The adversary has been successful in painting a false picture of us before the international community, and some like Tony Blair have been duped into surrendering to him the crown jewels.

But the adversary has succeeded in his international propaganda because we have been busy with the small picture, pointing fingers at each others and calling each other names.

We have done little to expose his deceits, chicanery and hypocrisy. That is our loss and his gain.

The adversary tells our people at home and abroad: “These mischief makers from America are only interested in meddling in our affairs from the comfort of their luxury. They are not interested in us.”

He seeks to denigrate us in his usual boastful and dismissive way saying: “If they are so dedicated to their country, why don’t they come here and help! After all, it is a free country!”

And in our fractious politics, in our inability to unite in a common purpose to wage a united struggle for democracy and human rights, we have played right into his hands.

Shame on us!

So, my friends, have no doubts.

The adversary will be hard at work scheming and crafting divisive strategies to weaken our influence and our ability to act collectively.

He will do anything, spare no expense to keep us divided and at each other’s throats.

After all, he has used this strategy successfully for a decade and a half to keep himself entrenched in our country.

Yes, he is a grand master at divide and rule. He will try to use every trick in the book. Offer gifts of gold and silver. Threaten and intimidate.

I assure you when the giant is awake, the little men will not sleep. They can’t afford to sleep!

Like the little men of folklore, the adversary now has a big problem on his hands. He is terrified of the awakening giant. He is confused.

He is asking himself, “What went wrong? It’s not supposed to be this way! The giant should be asleep!”

And so now, he has organized a mighty army of the most powerful lobbyists in Washington to subdue the giant.

This mighty army will be marching on the Hill -- the United States Congress -- everyday!

He will feed this mighty and voracious army with thousands of dollars every month -- money that could go to care for AIDS victims, build schools, clinics and many other worthy causes.

And so, my friends, the giant,We, stand alone against the mighty armies of Nebuchadnezzar.

But we will not be subdued. No! No! No! We will not give in!

In the end, we are assured of victory because we have something that Nebuchadnezzar does not have.

We have truth on our side.

We have the cause of justice on our side.

We have the power of democratic ideals and ideas on our side.

But above all, we have the Almighty God on our side!!!

And so, in the end Nebuchadnezzar’s mighty army will be vanquished by freedom advocates and defenders of human rights and democracy in the Diaspora.

And in the end, Nebuchadnezzar will meet his fate!

But I caution you, we must maintain perpetual vigilance against this cunning adversary.

We must be prepared, and yes, his malicious campaigns will lay a heavy toll upon our reserve of power and will.

Can we all contribute?

This is a very important question for each one of us.

I have heard so many of us express doubt about ourselves and stand on the sidelines saying: “I am not a politician. There is not much I can do. I lack this art or that profession, or this skill or that aptitude.”

I believe this self-induced self-disempowerment is perhaps the most important obstacle to any collective action we may be able to undertake in the Diaspora in the future.

One need not be a professor or a lawyer, a doctor, an engineer, a scientist or whatever else to make a contribution.

In the larger scheme of things, I believe the contributions and sacrifices of the average citizen have proven more decisive in changing the course of history.

If truth be told, the thousands of heroes who died defending our country against fascist aggression were average men and women whose unique distinction was patriotism and love of country, and not necessarily learning or education.

The American civil rights movement was sparked by a seamstress, a woman who sewed clothes for a living. One day she sat down and said “Enough is enough!”

The leaders of the American Civil Rights Movement were barely out of their teenage years when they laid their bodies in segregated buses and restaurants.

Martin Luther King Jr. was 24, and Harry Belafonte, who did not even finish high school, was 26 when the Montgomery Boycott was launched.

The millions of Indians that populated the British colonial jails in Ghandi’s movement were ordinary citizens.

So, yes, I believe every Ethiopian living, working and struggling in America can contribute, indeed has a moral duty to contribute to improve the lives of our brothers and sisters in Ethiopia!

We can, and must, contribute according to our abilities. Those with learning, with ideas. Those with means, with financial support.

But no one, no one, can be exempt from offering at least moral support and encouragement to those on the frontlines.

And so when you doubt your capacity to make a contribution, think of the contributions of the young men and women who were massacred chasing ballot thieves.

Think of the contributions of thousands of our brothers and sisters who are suffering and dying in Zenawi’s jails every day.

When you doubt ability to make an impact, or feel you are just too small to make a difference, consider the thought of going to bed with a mosquito in the room.

That tiny mosquito can keep you awake all night. And so, you can keep the little frightened men awake all night!!

I have no doubts we will rise to the occasion. We will not merely survive, but surely prevail in the end.

I have confidence in the future, because I have pride in our past.

Sometimes when I think upon the fate of our country and the suffering of our people, I get weary and dispirited.

But I quickly pick myself up. I reinvigorate and inspire myself with thoughts of the deeds of our ancestors, their immortal courage and honor and dignity, and their immeasurable sacrifices, which remain the glory of our history.

I pick myself up with visions of our young people in America and Ethiopia carrying the torch of freedom, human rights and democracy in every city, town and hamlet, in every village and neighborhood in Ethiopia.

Oh! “My cup runneth over!”

And so, as I come to the end of my remarks today, perhaps some of you might think that I do not fit the usual mold.

I admit I have a different approach and style.

Indeed, some of you may listen to my message and call me utopian.

I don’t mind that. I don’t mind being called a utopian Ethiopian.

And one day soon, I hope to meet the young man I spoke about earlier.

I am sure each and everyone of you will meet him too.

Let’s tell him it is a new day for us in America!

Tell him that we have accepted the summons of our people, and we will stand in their defense!

Tell him to reassure our brothers and sisters in the streets and jails, and in every city and hamlet to hold on, hold steady, and to keep hope alive!

Friends, before I close my remarks, I want to tell you that I have come to this place, as I hope you have, not only to have a conversation about what is possible, but also to remember the untold thousands of our brothers and sisters who languish away in jail in Ethiopia today accused of bogus crimes or no crimes at all.

I stand here at this podium and offer my deepest sympathies for their suffering.

I stand here and express my appreciation for their sacrifices and declare my eternal indebtedness for their contributions.

I stand here to praise their courage and express my admiration for their incorruptible character and unimpeachable virtues.

And so, I stand here to proclaim my affirmation of those principles of civil and human rights for which they continue to be persecuted.

They sit in jail today because they stood up for democracy and human rights yesterday.

They suffer and die in the darkness of Kaliti jail and Kebele jails and other jails throughout the land, because they wanted to bring the light of freedom, democracy and human rights to their people.

And so I would like to respectfully ask you all to stand up and join me in thanking our brothers and sisters in Ethiopian jails:

Thank you, brothers! Thank you sisters!

Thank you for your sacrifices!

Hold on! Hold on! The Almighty willing, redemption is near!!

God bless you and protect you wherever you are!!!

Thank you my friends, thank you all for being here.

God bless Ethiopia! God bless you all, and your children! And God bless America!

Friday, June 16, 2006

A COMPARATIVE ANALYSIS OF TWO SUBSTITUTE AMENDMENTS ON H.R. 4423


Posted June 13th, 2006 by almariamforthedefense.

INTRODUCTION

Over the past several months, there has been much discussion and debate over House Resolution (H.R.) 4423 and the two substitute amendments[1] offered by New Jersey representatives Christopher Smith (R) Chairman, House Subcommittee on Africa, Global Human Rights and International Operations and Donald Payne (D), ranking minority member of the same committee. While the active proponents and opponents of HR 4423 have been vigorously advocating their respective positions on the bill, it appears many Ethiopians who have been following developments on the sidelines may not have fully grasped the substance of the bill or the differences between the two substitute amendments.

Reading and understanding legislative language often requires specialized knowledge and training, and for most lay people such material tends to be legal “mumbo jumbo.” Lawyers and judges spend considerable time and energy disputing and deciphering the intended meaning, scope and application of a particular piece of legislation, often without reaching agreement. Given the complexity of statutory construction (formal rules of interpreting legislation), one may not reasonably expect the average Ethiopian reader of H.R. 4423 to engage in formal legislative analysis and arrive at a comprehensive understanding of its provisions or implications.

The following comparative analysis is intended to aid in a better understanding of H.R. 4423. The analysis aims to illuminate some of the major policy and legislative issues that appear in the two amendments, enhance the quality of the general public dialogue over the bill, and render intelligible the legislative language so that anyone with a cursory interest in the bill could understand its provisions.

Objectivity and impartiality are critical to a fair rendition of the various elements of the two substitute amendments, and this author shall attempt to provide such an analysis. In the interest of full disclosure, however, the reader should know this author supports Chairman Smith’s substitute amendment, and briefly explains his reasons at the end in a postscript.

The comparative analysis focuses on legislative objectives, legislative findings, proposed action plan to assist Ethiopia and sanctions for noncompliance.

I. LEGISLATIVE OBJECTIVES[2]

Smith and Payne appear to subscribe to similar legislative objectives, although the practical implications and outcomes of their respective objectives are quite different. Smith broadly aims to support human rights, democracy, and economic freedom in Ethiopia. Payne seeks to promote human rights, good governance, free and fair elections and economic development, as well an independent judiciary and free press institutions. (See Smith, Sec. 2; Payne, Payne, sec. 2.)

Analysis

While there is apparent overlap in the declared objectives of the two amendments, the conceptual and practical differences become readily apparent upon closer examination. Both amendments aspire to achieve similar outcomes, but overused words and phrases such as democracy, good governance, human rights, economic development, etc., are often understood differently not only by lay persons but also legislators, political scientists, economists and others.

One illustrative example of different outcomes in legislative policy objectives concerns the issue of promoting “economic development” in Ethiopia. Smith approaches economic development along the lines of “economic freedom” (broadly defined in terms of private entrepreneurship, private ownership of land to allow the peasant farmer borrowing opportunities, and compensation for persons whose properties were confiscated by the Derg), and specific mechanisms aimed at advancing such freedom, e.g. providing technical assistance to develop the Awash and Nile hydro resources, promoting joint Ethiopian-American joint commercial ventures, improvements in the system of taxation, etc. (See Smith, sec. 5.) Payne’s notion of economic development is limited to support for rural education and effective water resources management. (See Payne, sec. 6.)

II. LEGISLATIVE FINDINGS

Both Smith’s and Payne’s substitute amendments are based on several sets of factual predicates (evidence) related to violations of human rights, deficiencies in the Ethiopian legal system and political process, obstacles to economic development and functioning of free press institutions, and post-election events.

Human Rights

Smith’s amendment begins its findings of human rights violations in Ethiopia by focusing on recent evidence of killings, torture and persecution of Anuaks in the Gambella region. Smith finds widespread human rights abuses in Ethiopia, including occurrences of unlawful killings of opponents, abuse and mistreatment of detainees, excessive use of force by security forces, detention of thousands of people without charge, government restrictions on the freedom of speech and assembly, and limitations on citizens’ rights to peacefully change their government.

Smith makes specific findings that after the May 15, 2005 elections, the human rights situation in Ethiopia deteriorated significantly marked by the killing of scores of demonstrators by government security personnel, and detention of tens of thousands of government opponents, including opposition political leaders, human rights activists, community leaders, and journalists.

Payne’s amendment begins its findings by framing the issue of human rights violations in Ethiopia as a Derg legacy, and implicitly commends the EPDRF for ushering a new era of human rights by ending “Mengistu’s brutal dictatorship.” The EPDRF-led government is credited for setting up a coalition government which has integrated various groups, including liberation fronts (such as the OLF and ONLF) resulting in significantly improved human rights conditions and political stability in Ethiopia.

Payne acknowledges that human rights conditions deteriorated significantly in Ethiopia after the May 15, 2005 elections, but points out that serious abuses occurred only after opposition parties refused to accept the announced election results and called for civil disobedience protests. Payne’s findings confirm that the government has detained notable political leaders, human rights activists, and journalists; and in Oromia and Amhara regions, Payne finds that federal police have threatened, beaten and detained opposition supporters often in nighttime raids.

Analysis

On April 6, 2006, Smith provided a mark-up statement[3] to the Subcommittee explaining his reasons for introducing HR 4423. Smith became concerned after the May, 2005 elections when he learned of delayed release of election results and massive arrests of demonstrators. He was afraid the situation could “spiral out of control” and began working with international human rights organizations. He was able to craft legislation that would help improve “human rights abuses and encourage Ethiopia to pursue a more certain path to democratic elections, good governance and economic development.” Smith also sought to hold accountable those who were involved in the shootings of demonstrators.

Smith subsequently visited Ethiopia and observed first hand that opposition leaders were being followed and harassed. He met with Zenawi who bragged to him that he had “proof” opposition leaders had committed treason, and that he could arrest them at any time. Unbeknownst to Smith, Zenawi was telling him his actual plans, and within weeks, Zenawi had ordered the roundup and detention of hundreds of opposition leaders for treason and genocide. (See Smith Mark-Up Statement.)

In the absence of an official mark-up statement or other public declarations by Payne, one has to rely on the plain language of his substitute amendment and record of hearings, which in this writer’s view are insufficient to provide a substantial basis to ascertain Payne’s real interest in presenting his amendment or in deciphering the reasons for his opposition to Smith’s bill.

The differences in legislative findings on human rights in the two versions are significant and wide-ranging. Smith’s findings place the entire burden of human rights violations squarely on the shoulders of the government. He holds the regime exclusively responsible for the denial of due process to opposition detainees and the deteriorating economic situation in the country. He is critical of the government's human rights record, and makes no efforts to explain away the human rights abuses that have occured under the current regime. (See Smith, sec. 3-5.)

On a more subtle level, Smith frames the issue of human rights violations in Ethiopia as part of a comprehensive interplay of policy and institutional failures, including repressive government actions and policies, inept judicial officers and ineffective judicial institutions, general official indifference to the rule of law and unbridled use of security forces to violently suppress all opposition. The Ethiopian judiciary is criticized for its failure to protect the rights of the accused sua sponte (i.e. the court on its own power), and for its complicity with the government in denying due process to defendants by conducting closed proceedings, limiting or denying attorney-client consultations and disregarding the presumption of innocence accorded to those accused of political crimes.

Payne’s amendment takes a radically different view of the current and historical human rights situation in Ethiopia, and seeks to excuse the current regime’s record by condemning the Derg-era human rights violations. (See Payne, sec. 3 (1)) Payne portrays the defeat of the “brutal dictatorship of Mengistu’s regime” by the EPDRF as the dawning of a new age of human rights and participatory democracy in Ethiopia. (See Payne, sec. (2). Payne’s findings broadly acknowledge and commend the EPDRF and the current regime for creating a “spirit of a new start” in “the building of a democratic Ethiopia.”

Payne’s findings imply that any human rights violations that have occurred since the takeover of the EPDRF government in 1991 were episodic and not systematic or significant. (See Payne, sec. 3 (9)). Although Payne acknowledges a “significant deterioration of human rights conditions” after the May 15, 2005 elections, and disapproves of the killing of nearly 80 demonstrators by government security forces and detention of opposition leaders and thousands of others, he curiously seems to hold demonstrators and opposition leaders responsible for their own misfortunes. In other words, following Payne’s findings, had the Coalition for Unity and Democracy (CUD) abstained from civil disobedience protests and not challenged the election results, there would have been few human rights violations by the government in the post-election period! (See Payne, sec. 4 (1)) This conclusion is somewhat analogous to a provocation defense sometimes raised in domestic abuse prosecutions where the husband pleads to the court that his wife is responsible for the injuries he inflicted upon her because she has a bad habit of talking back to him and challenging his commands.

Payne’s amendment makes no finding on the current status of detainees or the ongoing arrests and detentions of persons suspected of opposition to the government, the nature and gravity of the charges leveled against opposition leaders, the general atmosphere of fear, loathing and intimidation throughout the country, and the need to guarantee due process to the prisoners of conscience or international oversight of their trial.

Payne makes specific findings with respect to the “marginalization” of “the Oromos” and Ethiopian Somalis, implying that with the exception of these groups, others do not feel marginalized. (See Payne, sec. 3 (4) (5). Acknowledgement is made of the fact that members of the original EPDRF coalition “were forced to leave,” but the impression is left that only the OLF has been the object of military action by the government. The manifest implication of this finding is that other groups who were forced to leave, or who remained “outside the political process” have not suffered military action or persecution by the government. (See Payne, sec. 3 (4)).

It is puzzling that Payne makes no findings that “marginalization” is a direct outcome of the government’s policy of “ethnic federalism” — a gentler and kinder version of bantustanization or tribal homelands — which has been used to force Ethiopians to declare their ethnic identities and establish narrow ethnic allegiances. One could conclude from Payne’s findings that Ethiopia’s “ethnic federalism” is the most significant recent innovation in the general political theory of federalism. It is remarkable that a distinguished member of the American federal government could find any merit in the fictitious notion of “ethnic federalism.”

Payne’s overall findings suggest that he has a threshold of human rights abuses to trigger his outrage. Unfortunately, the killing of scores of demonstrators and incarceration of hundreds of opposition leaders and thousands of opponents is insufficient to provoke his moral outrage and demand immediate remedial action.

Deficiencies in Legal/Political Processes

Smith’s amendment finds significant flaws and deficiencies in the political and judicial processes in the country. As alluded above, some of Smith's legislative findings accuse the Ethiopian courts for acting inconsistently with Ethiopian law and constitutional protections. The election board is criticized for what amounts to a dereliction of duty by failing or refusing to perform an impartial investigation of allegations of election irregularities, and for undermining opposition efforts to pursue their election complaints. The government is blamed for failing to release election results in a timely fashion, and expelling internationally respected nongovernmental organizations for political reasons.

Smith encourages Ethiopian opposition parties to follow through on court challenges of the May 15, 2005 elections, and urges reorganization of the National Election Board to be more representative of the spectrum of political parties and perspectives in the country, and to become more independent in its investigative functions and decision-making.

Payne’s findings on the performance of the EPDRF and the government it has led since 1991 are largely favorable. The EPDRF is credited with bringing “stability” and much improved human rights conditions in Ethiopia. (See Payne, sec. 3 (9)). It is given credit “for significantly changing the political structure” and “shifting political dominance among groups,” creating “ethnic federalism,” and a “multiparty system,” and is approvingly described as “the best organized political party in the country” with wide support in the countryside. It is also commended for conducting a “transparent, competitive and relatively fair and fair election” in May, 2005, and for establishing a commission to investigate the post-election killings of demonstrators. Casting a shadow on this illustrious achievement, according to Payne’s findings, was the threat of dissension within EPDRF and challenges to Zenawi’s power (which was resolved through “restructuring and ouster” of dissenting leaders). (See Payne, sec. 5 (a) (1), (4), (5), (6) (16))

Payne’s findings on opposition groups are far less favorable. They are characterized as “suffering from internal divisions” and “lacking clear policy objectives.” They are said to suffer from government and exile group interference. They are generally portrayed as a negative political force responsible for election boycotts, civil disobedience protests and causing election turmoil. (See Payne, sec. (a) (2) (5) (10) (12)). It is noteworthy that Payne is dismissive of Ethiopians in the Disapora, and by inference particularly those “exiles” in the United States. He finds little role for “exile” groups of Ethiopians in the political or economic life of their homeland.

Repression of Free Press Institutions

Smith’s findings are critical of the Ethiopian government’s treatment of press institutions and journalists. The findings lament the fact that the government’s “repressive media law,” which threatens capital punishment for its violation, has had a chilling effect on the free press and spawned rampant self-censorship. The government’s monopoly of the electronic media (radio and television and internet) and lack of progress towards licensing of private radio are singled out for special criticism. Smith’s amendment encourages the Ethiopian government to support freedom of the press by allowing print and broadcast media to operate without censorship, facilitate and expedite the licensing of independent radio and television, and provide unimpeded access to the Internet. Smith specifically urges the government to revise Press Proclamation No. 34 of 1992 with the aim of repealing criminal defamation provisions and other speech-related crimes.

Payne’s findings on the operation of a free press merely pays lip service to the severity of government control and censorship. He finds that while “foreign journalists continue to operate freely,” independent Ethiopian journalists continue to face harassment, prosecution, detention and exile. This parallel universe of a free foreign press operating alongside a decimated independent Ethiopian press does not seem to present any contradictions for Payne requiring immediate remedial action. (See Payne, sec. 4 (6) (7)).

Economic Issues

Smith’s amendment finds economic conditions in Ethiopia have worsened “measurably” over recent years due to the government's inability to formulate and implement effective policies and regulations and control corruption. The Ethiopian economy is deemed to be mostly unfree, largely due to a cumbersome bureaucracy that deters investment, a judicial system that does not offer sufficient protection for property rights, and a system of higher tariffs on imported products. The government’s refusal to change its policy of state ownership of all land and insistence on land leases is said to prevent financing opportunities for farmers and contribute to the suboptimal performance of the agricultural sector. Lack of water is considered a major reason for the recurrent famine in the country, but Smith finds that food insecurity in Ethiopia is exacerbated by misguided government policies, including prohibitions on the private ownership of land, excessive taxation of farmers, and the high cost of fertilizer sold by companies affiliated with the government.

Payne’s findings on the economic situation in Ethiopia merely acknowledge that the country remains poor country despite strong performance of the agricultural sector. His findings simply lack the depth and breadth of understanding of the complex economic issues facing the country.

LEGISLATIVE ACTION PLAN TO ASSIST ETHIOPIA ACHIVE DEMOCRACY AND GOOD GOVERNANCE, AND OVERCOME ITS HUMAN RIGHTS, ECONOMIC DEVELOPMENT AND POLITICAL PROBLEMS

To promote and preserve human rights in Ethiopia, Smith proposes various types of support and mechanisms: financial and technical assistance to independent human rights monitoring organizations working in Ethiopia, training to government officials and other leaders/activists on international human rights standards, readmission of the International Republican Institute (IRI), the National Democratic Institute (NDA) and the International Foundation for Electoral Systems (IFES) to continue their work in developing democratic institutions and practices, and use of the office of the United Nations Special Rapporteur on Torture to conduct an investigation of the conditions of prisoners of conscience in government custody.

Smith also provides for training assistance to strengthen local, regional, and national parliaments and governments, political parties and civil society groups in Ethiopia. Such assistance is expected to facilitate ongoing communication between political parties and the government and improve voter/party/candidate registration to ensure the credibility of the next election in Ethiopia. Assitance is also available to enhance the independence and competence of the Ethiopian judicial system, particularly to support institutionalization of procedural due process.

Smith’s amendment further provides additional technical assistance to the government in such areas as budgeting, taxation, debt management and banking. Assistance will be available to develop the Nile and Awash River resources and hydroelectric power and irrigations systems to prevent future famines. There is additional assitance in Smith's bill to promote use of financing programs for joint United States and Ethiopian commercial ventures. The bill also aims to remove obstructions that have prevented Ethiopia from participating in such programs as the United States Millennium Challenge Account.

Payne seeks to promote human rights in Ethiopia by creating a Victims Support Network for Ethiopia, which will provide assistance to families of individuals killed in demonstrations and others injured by security personnel, as well as financial support for the legal defense of prisoners of conscience, human rights groups and others actively monitoring the status of detainees. Payne proposes a Judicial Watch Network to monitor court proceedings throughout Ethiopia, and insulate and strengthen the judiciary from undue government usurpations.

Payne aims to promote democracy and good governance by providing assistance to strengthen local, regional and national parliaments and government agencies in Ethiopia in the form of training provided by such organizations as the National Democratic Institute (NDI), the International Republican Institute (IRI) and the International Foundation for Electoral Systems (IFES). These organizations are expected to undertake various tasks, including training of local groups in election monitoring and voter registration, and establish programs focused on reconciliation efforts between the government and groups outside the political process.

Payne’s amendment provides economic development assistance by increasing funds to support the education sector, especially in rural areas of Ethiopia, and by providing technical and financial support for irrigation and improved management of the Nile River and other water resources.

SANCTIONS

Smith’s amendment requires suspension of all joint military activities between the Ethiopian and U.S. governments other than anti-terrorism and peace-keeping activities. Travel restrictions will be imposed on any Ethiopian official or member of the security forces involved in the shooting of demonstrators. Non-compliance with the legislation could also result in the denial of non-essential United States assistance (all aid except humanitarian assistance, emergency food programs, assistance to combat HIV/AIDS, fistula treatment, health service planning, child/motherhood programs, etc.).

Payne’s amendment provides for denial of visa to any government official or member of the security forces involved in the shooting of demonstrators, unless waived by the U.S. President.

Commentary

The Ethiopian Government is Unlikely to Agree to Smith’s Demand for the Immediate and Unconditional Release of Political Prisoners and Prisoners of Conscience and Free Operation of Human Rights Groups, or Accept Economic Development Measures Prescribed in the Bill.

In his Mark-up Statement, Smith asserted that “H.R. 4423 is not merely a punitive measure,” but seeks to use “technical assistance and other support” to change the human rights situation and contribute to Ethiopia’s economic and political development. The first order of business for Smith is the “immediate and unconditional release of all political prisoners and prisoner’s of conscience.” This is to be followed by reactivation of international and local human rights organizations to operate in the country, and deployment of the U.S. Special Rapporteur on Torture to undertake an investigation of the conditions of the prisoners of conscience. It is highly unlikely that the Ethiopian government will accept either of these proposals.

First, the government has painted itself into a corner by detaining opposition leaders on charges of genocide, treason, incitement and so on. These are patently bogus charges. Amnesty International has characterized the genocide charges “absurd.” If the government were to release the political prisoners now, it would be an admission that they were held arbitrarily and improperly in the first place. Unlawful detentions are a violation of international human rights standards, and the government is unlikely to admit such culpability.

Second, release of opposition leaders in the foreseeable future would be tantamount to handing the opposition a political and moral victory. The prisoners will emerge from detention triumphantly as heroes who valiantly faced persecution and sacrificed their liberties for the cause of democracy and human rights. They will gain considerable popularity and moral authority among the people, and inspire others to become even more defiant of the government. The government can not take such a risk.

Third, releasing the prisoners now would create the impression that the government is giving in or buckling to U.S. pressure. The government does not want to be seen as weak and irresolute. It wants to maintain the appearance of standing up to U.S. pressure, and even pretend that it does not want or need U.S. aid. The government can not appear to be an American lackey.

Fourth, the government will not agree to the free operation of domestic and international human rights groups with monitoring and civil society training missions. Such organizations will in effect function as watchdogs limiting the government’s scope of action in controlling opposition groups and parties, and in ensuring observance of Ethiopian law and constitutional mandates and compliance with international human rights conventions. The government can not withstand such scrutiny or accountability.

As to Smith’s proposals for economic freedom, particularly private ownership of land, they are unlikely to be accepted by the government. Presumably, the government’s objection to private ownership of land is based on fears of protracted litigation by pre-Derg land owners who may seek to reclaim their land or seek compensation, and/or because the government believes the peasants who currently have possessory use of the land will sell it and move to the city if they had full ownership rights, creating large numbers of displaced and landless peasants in the urban areas. Regardless of the economic merits of these contentions, the government is unlikely to allow private ownership of land because control of the land is its principal means of controlling the economic lifeline of the rural population, and its most effective strategy in disempowering this population and perpetuating its dependency on government handouts.

Changes required in the bill in other areas of government economic policy such as budgeting, taxation, debt management, bank supervision and corruption control are likely to be rejected as well because these issues require implementation of complex regulatory systems and structures. For instance, Smith’s amendment aims to provide policy assistance to address key economic obstacles arising from deficiencies in the system of taxation. This may involve overhaul of the Ethiopian tax system –which by some accounts is antiquated, irrational and afflicted by massive corruption– to achieve substantial efficiency and spur economic growth. It is unlikely that the government will be open to abolition of certain taxes and tariffs that are considered disincentives to foreign investments, or introduce substantial changes in the system of taxation, tariff and custom duties to bring about significant gains for the country’s economy.

Smith’s proposals for technical and economic assistance to enable Ethiopia to participate in the U. S. Millennium Challenge Account, develop the Nile and Awash River resources and undertake other hydroelectric power and irrigation projects to prevent future famines and joint commercial ventures all seem to make eminent good sense. It is unlikely that such massive national projects could be undertaken in the context of an “unfree” economy

Why the Ethiopian Government Will Tacitly Endorse Payne’s Substitute Amendment

It appears Payne’s amendment has received the tacit approval, if not the active support, of the Ethiopian government. Some of the reasons for the government’s acceptance of Payne’s version seem obvious. Manifestly, Payne's version “waters down” Smith's robust provisions, which require significant policy changes and accountability on the part of the Ethiopian government. Under Payne’s version, the government is required to perform window dressing without undertaking any real changes in its policies or practices.

Payne’s amendment may be acceptable to the government because Payne does not really find any significant problems with Zenawi or the current regime, and in fact suggests that Zenawi and the EPDRF are the only viable option for the country today. Payne portrays the current regime as the only hope of political salvation and stability for the country. In the background of Payne’s findings on human rights violations and political repression in Ethiopia stands a shadowy specter of chaos and anarchy, which will consume Ethiopia should Zenawi and the current regime be removed from power. The government may find Payne's apologia a valuable political and ideological tool.

Payne may not be alone in his messianic appraisal of Zenawi and his regime. British Prime Minister Blair handpicked Zenawi for his Commission for Africa because he believed Zenawi was one of the new breed of progressive leaders who will take Africa to new heights. It may be that Payne subscribes to the same view that in the meager field of real leaders and parties on the African continent, Zenawi’s government may be the only hope for Ethiopia. He is wrong.

Dislike and distrust of Ethiopian opposition groups may provide common ground for Payne and the Ethiopian government to oppose Smith's bill. The fact that Payne's amendment castigates and discredits opposition groups should be a welcome development for the government. Payne seems to have had unpleasant personal experiences with some Ethiopian groups in the United States. Judging from his comments at the last full subcommittee hearing, he seemed quite bitter and critical of the tactics used by these groups in advocating their support for Smith's bill.

On the other hand, there is speculation that Payne’s own opposition to Smith’s bill may be based on ideological grounds. It is well known that the Congressional Black Caucus in the U.S. House of Representatives has played and continues to play a critical role in the formulation of U.S. policy in Africa. Payne, as a former chair of the Caucus, may find it difficult to accept the idea of republicans championing the cause of freedom and human rights in a black African country. One hopes such speculation is groundless, for the cause of human rights and justice knows of no racial or ideological boundaries.

There is also other speculation that Payne has grown sympathetic and fond of the current regime because of his long term involvement with them, and wants to protect the regime from critical external scrutiny. Payne's almost romantic fascination with the EPDRF and its efforts in dislodging the Derg regime, and his depiction of the regime as Ethiopia’s salvation should bring considerable delight to Zenawi and company.

Payne has not been vocal in explaining his version of H.R. 4423, nor has he articulated in detail his reasons for opposing Smith’s bill. For those who have had an opportunity to observe him at the hearings or other forums, he appears uncomfortable with the subject matter and overly defensive about his role.

In contrast, Smith has been forthright, passionate and candid in his views and comments on the situation in Ethiopia. His questions at the hearings were incisive, skillful and unrelenting, his observations keen and to the point, and his knowledge of the current situation in Ethiopia prodigious.

POSTSCRIPT

There are many supporters of Smith’s version of H.R. 4423, particularly in the United States. I support Smith’s version because his bill upholds the principles of human rights and civil liberties, and private property ownership rights in Ethiopia. It is my professional creed that every person is entitled to due process of law regardless of the nature of the accusations or the gravity of the alleged crime. This means the accused is presumed to be absolutely innocent until proven guilty, that s/he has the right to counsel paid for by the government if s/he can not afford one, that s/he is entitled to a speedy and public trial and that no person shall be convicted unless there is proof beyond a reasonable doubt. International human rights groups report that the prisoners of conscience in Zenawi's jails are denied these and many other rights. I call upon Zenawi and his government to release all political prisoners and prisoners of conscience in Ethiopia immediately and unconditionally!!!

In the same vein, I believe that private property ownership is a natural right, and that no person shall be deprived of it without due process of law and just compensation. I reject wholly the socialistic principle that only the state can own land. The government must make changes to allow exclusive ownership of land in private hands.

I have defended these principles of civil liberties, human rights and property rights not only in American courtrooms, but also in the court of public opinion. Smith’s bill deserves the support of all who believe in the preservation of civil liberties and human rights, and value the growth of democratic institutions, practices and culture in Ethiopia.

POST-POSTSCRIPT

This author remains perplexed by the singular fact that Representative Payne has not demanded and insisted upon the immediate and unconditional release of opposition leaders and other prisoners of conscience in Ethiopia. Payne knows that there is not a single government or international human rights organization that has recognized the legitimacy of the detention of opposition leaders in the aftermath of the May 15 elections.

Similarly, the stony silence of our brothers and sisters in the Congressional Black Caucus in the dialogue over H.R. 4423 and the detention of opposition leaders has, in the words of Martin Luther King, cast a “shadow of deep disappointment” upon a large segment of the Ethiopian community in the U.S. But we should be careful not to harbor resentment; rather we should reach out to the Caucus members and convert them to the cause of human rights and justice in Ethiopia with Dr. King’s message:

“Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. The Negro has many pent-up resentments and latent frustrations, and he must release them. So let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history.”

The yearning for freedom that African Americans experienced four decades ago is the same yearning that Ethiopians are experiencing today. Let’s share Dr. King’s message with our brothers and sisters on the Congressional Black Caucus in the spirit of solidarity for justice.

Whether H.R. 4423 will be enacted into law remains to be seen. It is abundantly clear, however, that regardless of the outcome of the bill, Ethiopians in the United States have gained a new consciousness and unflinching resolve to defend and sustain human rights and democracy in their homeland, and participate in its economic development. Those who continue to flagrantly abuse and trample upon the human rights of their citizens should heed the regretful observations of Japanese Admiral Isoroku Yamamoto after the ill-fated attack on Pearl Harbor: “I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.”

Al Mariam, Ph.D., J.D. (Esq.) is professor of political science and a defense attorney in California.


[1] Refers to the two versions of H.R. 4423 presented before the House Subcommittee on Africa, Global Human Rights and International Operations [hereinafter “Subcommittee”]: “Amendment in the Nature of a Substitute to HR 4423 Offered by Mr. Smith of New Jersey,” April 6, 2006; and “Amendment in the Nature of a Substitute to HR 4423 Offered by Mr. Payne of New Jersey,” April 6, 2006. Specific references to the two versions in the discussion will be captioned “Smith, sec.__”, and “Payne, sec__.”
[2]
“Legislative findings” in a bill often provide insight on the facts and circumstances supporting the proposed legislation and component provisions. Such findings also provide insight into the thought processes of lawmakers (technically referred to as ‘legislative intent’) and are used in judicial interpretation (technically referred to as “statutory construction”) of a bill once it is enacted into law.
[3]
See Mark-Up Statement for H.R. 4423, Rep. Christopher H. Smith, Chairman, Subcommittee on Africa, Global Human Rights and International Operations, April 6, 2006. “Mark-Up” refers to the preparation of a bill in final form in a congressional committee before it is reported out for a vote by the legislative body. Smith’s “Mark-Up Statement” was provided before H.R. 4423 was reported out of his Subcommittee to the House Committee on International Relations.