Thursday, March 12, 2009

Cholera deaths in border town

MOYALE, 12 March 2009 (IRIN) - At least 14 people have died in the past seven days of cholera in the town of Moyale, along the Kenyan-Ethiopian border, health officials have said.

"Three people have died in Kenya and 11 deaths [have been] confirmed in Ethiopia," Abdullahi Jaldesa, the Moyale district clinical officer, told IRIN. The three dead in Kenya include two children. Another 13 patients have been admitted to the Moyale District Hospital.

The Ministry of Health, with technical support from the country office of the World Health Organization (WHO), confirmed the outbreak on 5 March.

"A total of 65 cases and three deaths have been reported," WHO said in an update on 8 March. "The neighbouring country [Ethiopia] is also experiencing an outbreak of acute watery diarrhoea in the same locality, and has reported 109 cases and 16 deaths. However they have not confirmed it as cholera."

Some 50 cases have been diagnosed in Moyale, Kenya, and 110 over the border. The death toll is expected to rise as some of the affected are in remote areas far from health facilities.

According to Liban Mohamed, Kenya Red Cross Society regional coordinator, the district hospital is facing a shortage of drugs.

The cases were first reported in Ethiopia before spreading to the village of Dabelle in Moyale, Kenya, Mohamed said. The spread has been attributed to poor sanitation and water shortages, which have led to the consumption of contaminated water.

Population movement along the common border has also fuelled the spread of the disease, which has yet to be brought under control. A shortage of personnel and prevailing drought are frustrating control efforts, he said.

We are facing hunger, water shortages and now cholera. The situation is very bad
Some restaurants along the Kenyan side of the border have been closed and food imports from Ethiopia banned.

Local leader Golicha Godana said there was a need for mobile health services to reach affected populations in remote parts of the region. "We are facing hunger, water shortages and now cholera. The situation is very bad," he said.

Cholera is an acute intestinal infection caused by the bacterium Vibrio cholerae. Left untreated it can lead to severe dehydration and death.

Sudanese President al Bashir cancels scheduled visit to Ethiopian

APA-Addis Ababa (Ethiopia)- Sudanese president Omar al-Bashir, who was expected to arrive in Ethiopia on Wednesday, has cancelled his visit, APA learns here on Wednesday.

Bashir was expected to attend the annual Ethio-Sudanese Joint Committee meeting, originally scheduled to start on Wednesday in Addis Ababa.

The meeting was due to discuss issues related to the two countries’ bilateral cooperation on various fields.

Sources in Addis Ababa told APA that the meeting was to be preceded by a ministerial meeting headed by the foreign ministers of the two countries on while the experts’ committees were to convene on the 7th and 8th of March.

A week ago, a delegation of Sudanese officials was in Addis Ababa holding talks with Ethiopian officials about the preparations for the meeting.

However, while the sources have refused to confirm whether the cancellation of Bashir’s trip to Ethiopia was in connection with the International Criminal Court (ICC) arrest warrant.

Ethiopia, which is not a member of the ICC Rome Statute, strongly indicated its opposition to the arrest warrant for Bashir on seven counts of war crimes and crimes against humanity, which include murder, rape and torture.

However, the meeting is re-scheduled to be held in April 2009 though it is not yet clear if Bashir will be attending.

Since the ICC issued its arrest warrant against President Bahsir, he has not undertaken any official visit outside his country.

The dictator’s bulldogs are barking

By Abebe Gelaw (abebe@stanford.edu)

Under the leadership of Meles Zenawi’s longest-serving foreign minister, Seyoum Mesfin, the Ministry of Foreign Affairs seems to have adopted a robust strategy of wailing much louder than ever before. Lately, Seyoum Mesfin and his wailers-in-chief have launched a barrage of loud but empty tantrums against the International Criminal Court, the US Department of State, foreign media outlets, the Ethiopian Diaspora and human rights organizations. It seems Meles Zenawi’s enemies are too many to count.
The chief strategist for the ‘diplomatic’ farce in the last 17 years is none other than Dr Tekeda Alemu, who might soon go into the Guinness World Records, along with his boss, as the longest-serving deputy "foreign minister." After the Tigray People’s Liberation Front marched into Addis Ababa and took over the helm of power in May 1991, Tekeda, who was once mocked as having a PhD in “political opportunism”, did an incredible somersault to get his position as the chief diplomatic attack dog. He was one of Col. Mengistu Hailemariam’s trusted lieutenants, the former tyrant’s globetrotting deputy foreign minister.

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With the fall of the Derg, Tekeda was on the verge of being sent to jail with the rest of Mengistu’s cabinet. Impressed with his extreme elasticity and gymnastic skills, the current tyrant, Meles Zenawi, forgave his transgressions and took Tekeda and a few others like Mengitu’s “special adviser” turned Zenawi’s close confidant, another accomplished political gymnast, Dr Fasil Nahum. A humorist once joked that those like Tekeda and Fasil were listed with the rest of the fixtures seized at government offices. In fact, having arrived from the jungle as a bandit, Seyoum needed someone well-versed in denials and duplicity. No one proved as accomplished operator as Tekeda in diplomatic prevarications and fibs. While the world continues to change and his best mates have shifted positions and alliances, the turncoat never faded and he is still in the service of tyranny for well over three decades, defying the constant flux of change. Without any shame or qualms, he continues churning out the same kind of propaganda that he used to dish out at any critics of Mengistu including the current rulers, whom he used to refer to in contempt as treasonous secessionists.

Defending criminal tyranny is obviously a tough job, no matter how rewarding it may be. Any way, Seyoum and his toothless bulldog strategists are denying everything and barking, at any critics of Meles Zenawi. It seems those who deliberately deny the abuse of fellow human beings are not able to see their own predicament of living without the freedom of telling the truth. Unfortunately, telling the truth and standing up for what is right in life aren’t mentioned in their pitiful job descriptions.

Minutes after the ICC issued an arrest warrant against the Sudanese tyrant Omar Al-Bashir for committing crimes against humanity, Seyoum rushed out with a tantrum to the rest of the world via Aigaforum and Walta. Who else would take TPLF’s paranoiac rant seriously?

The statement, bizarrely titled: “On the unfortunate decision of the ICC: Not in the interest of peace,” condemned the court for being biased and unfair. According to the statement, “The indictment issued by the ICC prosecutor against the President of Sudan is viewed with a great deal of concern and anger by Africa and by the countries of our sub-region.”

It asserts that “Ethiopia does not believe that the latest step taken by the ICC is in the interest of peace and stability in the Sudan, in Darfur or in our sub-region in general.” Well, but when has this regime ever represented Ethiopia’s critical national interests? Aren’t these the same bunch of Mamo Kilos, who have willingly landlocked Ethiopia and pay almost the nation’s entire annual import revenue on port services for tiny Djibouti? If Ethiopians had had a say in their own affairs, they would have said “to hell with Al Bashir” and would have handed over Meles and his entire entourage to the honourable justices at the ICC to face justice for all the crimes they have been committing since they were pro-Albania bandits robbing rural banks and farms.

After a long litany of complaints against the ICC, Seyoum has shed a stream of crocodile’s tears: “The Government of the Federal Democratic Republic of Ethiopia [Meles] has been saddened by this latest development and requests the Security Council to respond favourably to the request already made by the AU.” It seems that the Meles regime has suffered severe depression for the era of impunity has come to an end as Al Bashir’s case sets a scary precedence of holding incumbent tyrants to account for the crimes they commit hiding behind the preposterous facade of sovereignty.

There is no other reason for all the tears that bad African crocodiles all over the continent led by Gaddafi have been generously shedding for Al Bashir. According to Bereket Simon, Zenawi’s husky mouthpiece, “Ethiopia,” probably referring not to the entire nation but the last lady Azeb Mesfin, will ignore the ICC arrest warrant. “We have always upheld that position,” he told AFP. The American philosopher William James once said: “As there is no worse lie than a truth misunderstood by those who hear it, so reasonable arguments, challenges to magnanimity, and appeals to sympathy or justice, are folly when we are dealing with human crocodiles and boa-constrictors.”

The other barrage was saved for the US Department of State which had published a long list of the crimes being committed by the Meles regime. The annual US Department of State report on Ethiopia was comprehensive and detailed all the known cases of gross human rights violations which are being committed by the regime with arrogant impunity.

This time the title of Seyoum’s absurd tantrum was, “Not exactly honourable or accurate; the US State Department Human Rights Report on Ethiopia.” Strangely enough, the dishonourable lie packaged as a rebuttal asserted that the Meles regime is committed to the protection of human rights. “Human rights are a noble and an important cause. It is a cause we fully believe in and support,” it said.

In a country where citizens have been brutalized and held hostage without their will for far too long, Seyoum’s band, accompanied by dreary rappers like Tekeda, have still the audacity to sing about commitment to human rights. What about the thousands of political prisoners languishing in hellish dungeons, what about those slain citizens whose blood has been screaming for justice, what about the millions who live in fear in their own country, afraid of the very people who were supposed to serve them, what about the multitude who have been fleeing for their lives…?

Absurdity, as they say, is tyrants’ brother-in-law. “This report, deliberately and consistently, minimizes and denigrates any advances. It is carefully written to disparage. The aim is to find fault, and that is never difficult to do,” Seyoum’s statement said. It doesn’t make sense at all to claim that the US, which is rather an unfortunate ally to the tyrannical regime in Addis, was out to find faults. By any measure, the whole engine of the regime is faulty and has been certified as “failed” time and again by any sane observer. After 17 in years in power misruling the whole of Ethiopia, the Tigray Liberation People’s Front is still “an ethnic liberation front.” It rules Tigray exclusively as its fiefdom and rules Ethiopia as its kingdom pretending to have formed a national government at Arat Kilo, with the help of some opportunist bellboys from other ethnic groups. That is well-known and no amount of pretension could hide or distort the fact that a minority corrupt ethnic junta is abusing the greater majority of Ethiopians, excluding those who are being abused willingly in exchange for some dishonourable gains.

According to Seyoum Mesfin’s ministry, “The idea that Mrs. Birtukan Mideksa was re-arrested for telling the truth is a misrepresentation bordering on the sinister. Her re-arrest was not a political but a legal action; the report's account of it most certainly is political. Similarly the comments on Teddy Afro appear to be a deliberate attempt to interfere in Ethiopia's internal judicial affairs.” Unfortunately, truth has always been against the fibbers. Birtukan has proven to be consistent in her stand all along. While being dragged to courts during the entire trial and tribulation of political leaders, journalists and civil rights activists, she accepted neither the charges nor the legality of the tyrant’s Kangaroo court. The so-called clemency and plea bargain has always been non-existent as none of the accused had accepted the entire process of the courtroom drama. But for the abusers and those who are being willingly abused, the illegal and unjust incarceration of the fearless and heroic pro-democracy leader, Ethiopia’s Aung San Suu Kyi, is a legal action. Nonetheless, they forget the fact that legality originates from a system based on respect for the rule of law, which has never been seen in Ethiopia’s long but tragic history of abuse.

Meles Zenawi and his entire army of bulldogs appear to be delusional and paranoiac. They believe that anyone out to tell the truth is against them. The Ministry of Foreign Affairs is wasting the taxpayer’s money and hard earned donations on futile propaganda against the truth. Every embassy abroad employs fanatic agents that spy on and harass Meles Zenawi’s critics. The so-called diplomats never serve their people freely as they are forced to be either affiliated with or submissive to the ruling ethnic junta. In every embassy abroad, loyalist and fanatic members of the TPLF are feared and control everything. In Washington, London or Brussels they waste their energy, resources and time videotaping every protest march, meetings and eavesdropping every political conversation. The agents harass, intimidate and attack Meles Zenawi’s critics in exile. After all, a government of thugs, whose entire operation is based on criminality, never condones the truth.

Despite the fact that Meles Zenawi’s bulldogs are barking everywhere, the truth must be told. The international community, the Ethiopian Diaspora, human rights organizations, foreign media outlets, democratic governments, the ICC…must ignore the annoying tantrums of Seyoum Mesfin and his bulldogs that have every reason to live in great trepidation. Let them bark, wail and howl as they can never scare away the truth. After all, dictators are just in power waiting for justice to catch up with them; so their pain is justified and understandable. But their aggressive tantrums, rants and intimidations are not justified at all.

Tuesday, March 10, 2009

The dark cloud hanging on university campuses in Ethiopia !!!

By Tedla Asfaw

Bono and his U2 Rock Band lighten up the Bronx gray sky at Fordham University this morning in their first appearance on Good Morning America (GMA). What makes me write this piece is the enthusiasm and smile of the students on this gloomy year of financial difficulty as long lines for Job fair here in New York City seems a norm and most of the seniors soon will join that line after their graduation.

University days as we all know is the time of feeling good, the time of rebellion too. That was the university I know in the the 1980s when Ethiopia was under military dictatorship and the Ethiopian youth was in front calling for real change and power to people. Unlike Bono's song, there is no light beyond the horizon, we believed otherwise.

However, Ethiopian University students under TPLF ethnic apartheid rule for the last eighteen years were not only denied looking for light beyond the horizon they are not sure if they will be alive the next day. TPLF's instigated ethnic clash destroyed the fabric of university life. Campuses have become a war zone and many undercover security agents are roaming the campuses to kill or harass any one who seem not to bow to ethnic apartheid rule. Hundreds of Oromo students were expelled for who they are and many were killed in different campuses throughout the country. In my day in the university, ethnically motivated killing was unheard of.

Had Bono sang today in the Bahrdar University campus he will not find an audience enthusiastic as the one he found in Bronx this morning. The youth of Ethiopia are an endangered species, hunted by TPLF security agents in all corners of Ethiopia. Recently two students were killed in the Bahrdar University for being from wrong ethnic group, Amharas. This is state terrorism and I challenge Bono who did a wonderful humanitarian job in Ethiopia and loves Ethiopian to look deeply inside the state of Ethiopian students life in universities.

Bono knows Ethiopian rural poor very well and worked hard to convince rich nations to forgive debt of poor countries like Ethiopia so they will spend their money to improve the lives of their people. I have no doubt Bono also agree with me with out well educated societies we will remain beggar nations forever and be a burden on him too. What wil make Bono happier than seeing Ethiopian students dance to his wonderful songs and optimism on their faces as the one he found today in Bronx.

The dark clouds hanging on our country is going to be removed. The likes of Meles Zenawi and Al-Beshir of Sudan will not hide their crimes indefinitely. They will be held accountable for crime committed against people whom they do not like. Beshir got its arrest warrant from International Criminal Court (ICC) for ordering an organized terror on the people of Darfur which took the lives of half million people.

Meles Zenawi's crimes in Gambella, Oromia, South Ethiopia, Ogaden is well documented. His contempt and hate for Amahra people also has no boundary even do not spare the lives of two students in Bahrdar University this month. For him Amhara as a people are enemies and their children have to be killed blamed for past wrong deeds by "Amhara Rulers". Imagine blaming all the whites in USA for slavery and punish the children of white people.

Who has to stop this mad man ? When are we going to say enough is enough and charge this man for all crimes he committed against humanity ? I hope there is a glimmer of hope after the arrest warrant for Al-Beshir, the butcher of Darfur. It is not if but when for Meles Zenawi ????

Monday, March 9, 2009

Dallas held a Candle Light Vigil for Birtukan


A candlelight vigil was held on the anniversary of the International Woman’s Day, March 8th, 2009 starting from 4:00 pm at the Radisson Hotel, located at the southwest Corner I-75 & Campbell Road in Richardson, Texas. The event was attended by both Ethiopians as well as by American advocates of Human Rights from the DFW area. Of particular importance was the attendance by a representative from the Honorable Congresswoman Eddie Bernice Johnson Office, a staffer from the Local Obama Campaign team, a Staff Writer from the Dallas Morning News and Officers and members from the Ethiopian Women Organization in Dallas.

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The guests were welcome by Dejene Asaaye, the Chairman of the Andinet-Dallas chapter. In his address, he asked the American and Ethiopian-American guests in the audience to urge their representatives in Texas, the State Department and the White House to demand for the immediate and unconditional release of Birtukan. He also emphasized that Birtukan’s incarceration is a manifestation of systemic repression in Ethiopia. He therefore reminded the audience that our request to our representatives at all level of government should also include urging them to support legislative initiative in the US House of Representatives and the Senate such as HR 2003 and S3457 that deal with Human Rights, Democracy and Accountability in Ethiopia. He gave a reasoned argument showing that such an action by the US is not only good for the Ethiopian people but also is critical for the US’s goal of achieving peace and stability in the Horn of Africa.


Following his address, a 15 minute slide show was presented to the guests. The slide show was focused on the difficult journey Birtukan travelled starting from the May 2005 election, going though the first Kaliti days, her first visit in the US, her reconstitution struggle of UDJ from CUDP, her trip to Europe and back to Kaliti prison again. The slide show was used to tell the pattern of repressive rule of Meles’s regime for the past 18 years through the political life of Birtukan.

The audience also heard words of encouragement from Special Assistant to Congresswoman Eddie Bernice Johnson, Mrs. Janis Brooke and Mrs. Gillian Parrillo of the local Obama campaign team. Finally the Chairwoman and Secretary of Ethiopian Woman Organization Mrs. Etalemahu and Mrs. Mulu respectively addressed the audience with solidarity message to Birtukan and the significance of March 8 to woman all over the world and particularly to women in Ethiopia.

Quite prayer, somber music, candle lights and poetry were pervasive throughout the event.

March 9, 2009
Dallas

Organizers of the event: Andinet-Dallas, Dejen le Democracy, EPRP-D and Human Rights activists from DFW area.

For Whom the Bell Tolls!

by Alemayehu G. Mariam(almariam@gmail.com)
How Sweet It is!

“Justice is like a train that is nearly always late”, but it did arrive just in the nick of time for Omar Hassan al-Bashir, President of the Sudan. Al-Bashir is now a fugitive from justice, a wanted man by the International Criminal Court (ICC). In his application for an arrest warrant last year, ICC Prosecutor Luis Moreno-Ocampo alleged that over the preceding five years, al-Bashir had “masterminded with absolute control” and “appointed key personnel to implement” a criminal a plan “to destroy in substantial part the Fur, Masalit and Zaghawa ethnic groups as such. Forces and agents controlled by Al-Bashir attacked civilians in towns and villages inhabited by the target groups, committing killings, rapes, torture and destroying means of livelihood.” Al-Bashir was further accused of causing the deaths of 35,000 people “outright”. U.N. officials estimate as many as 300,000 people have been killed in the Darfur region since 2003, and 2.7 million displaced.

Last July, in one of my weekly commentaries I wrote, “For as long as there are determined and unrelenting prosecutors like Moreno-Ocampo, the likes of al-Bashir, Zenawi and Mengistu can be sure that one day the long arm of international law will catch them and bring them to kneel down before the altar of justice. Our question: ‘Bad boys, bad boys, what you gonna do, what you gonna do when the ICC (International Criminal Court) catches you!’” Today, with a deep sigh of relief and a loud shriek of ecstasy, we can all say, “One down…!”

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“Eat it! You Are Under My Shoe!”

Al-Bashir has long belittled the ICC and ridiculed the criminal allegations against him as a “Western conspiracy”, a “neo-colonial plot” and a trick to “steal Sudan’s oil.” A day before the arrest warrant was issued, a defiant al-Bashir taunted the ICC: “They will issue their decision tomorrow … this coming decision, they can prepare right now: they can eat it [the warrant].” In his special message, he said: “Tell them all, the ICC prosecutor, the members of the court and every one who supports this court that they are under my shoe.” His spokesman, Mahjoub Fadul, added: “It is a flawed decision. We do not recognize it, nor the court that issued it and we do not care about it at all.” Mutrif Siddiq, Sudan’s under-secretary of foreign affairs, dismissively told reporters that not only will al-Bashir disregard the arrest warrant, he will be attending “all Arab summits and all African summits” scheduled for the year. Three days after the arrest warrant was issued, al-Bashir kicked out all of the major international aid groups providing displaced Darfurians and others victims food and medicine, including Oxfam, CARE, Save the Children, the International Rescue Committee and several others. The reason: They gave evidence of war crimes and crimes against humanity to the ICC prosecutor. (Others simply pass heavy-handed “laws” to bottle NGOs for fear they may turn out to be ICC “snitches”.) In doing so, Al-Bashir continued his criminal enterprise by committing new war crimes (“deprivation of access to food and medicine, calculated to bring about the destruction of part of a population” is a violation of Article 7 of the Rome Statute of the International Criminal Court.) The U.N. estimates that in the Darfur region 1.1 million people will be without food, 1.5 million without health care, and more than 1 million without drinking water. In the end, it may be Al-Bashir who will be “eating” a life sentence.

Execution of Arrest Warrant

To issue an arrest warrant is one thing. To apprehend and deliver the criminal suspect for trial at the ICC is another matter. The ICC does not have its own police force, and must necessarily rely on the cooperation of governments wherein the fugitive from justice is located. There is no expectation of cooperation from the Sudanese government. Al-Bashir has already rejected extradition requests by the ICC to hand over Ali Kushayb, (“janjaweed butcher of Darfur”) and Ahmed Aroun (former Interior Minister and later Minister of State for Humanitarian Affairs and chief architect of the janjaweed campaign of violence against civilians), accused of torture, mass rape and the forced displacement of entire villages in Darfur in 2003 and 2004. At the time, al-Bashir intoned: “I swear to God, I swear to God, I swear to God we will not hand over any Sudanese to the International Court.” The U.N. peacekeepers stationed in the Sudan do not have authority to arrest or detain war crimes suspects. But it is highly likely that the ICC has registered its arrest warrant with Interpol and al-Bashir’s name is now listed on Interpol’s Red Notice. Unless he is caught in transit in one of the 108 countries that have accepted ICC jurisdiction, chances of his arrest in the short-term are fairly low. The fact of the matter is that al-Bashir will be looking over his shoulder until he is collared and brought to justice.

The Prosecution’s Case in the Inevitable Trial Omar Hassan al-Bashir

Despite the worldwide publicity surrounding the arrest warrant, it is important to emphasize that al-Bashir is presumed innocent until proven guilty in a court of law. That is why Prosecutor Moreno-Ocampo carries the entire burden of proof in showing al-Bashir committed war crimes, crimes against humanity and other offenses beyond a reasonable doubt. Al-Bashir is also entitled to a fair trial complete with procedural protections guaranteed under the Rome Statute and other international conventions. Having said that, it is as sure as the sun will rise tomorrow that al-Bashir will be held to account for the crimes he is accused of committing whether it takes 1 year, 10 years or more; and he will be convicted. There is no question about that!

But there may be a question as to what legal theory Prosecutor Moreno-Ocampo will likely use to prove his case. He has many options, including a theory of personal culpability as to crimes specifically enumerated in Articles 6 (Genocide), 7 (Crimes Against Humanity) and 8 (War Crimes) of the Rome Statute. More likely, Moreno-Ocampo will prosecute al-Bashir using the legal doctrine of command responsibility (that is, a superior in the chain of command is responsible for crimes committed by his subordinates or other combatants under his direct or indirect control, and for failing to prevent or punish the violators after discovering the criminal acts under Article 28 of the Rome Statute.

Under Article 28, “A military commander or person effectively acting as a military commander shall be criminally responsible… if [s/he] either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and … failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.” Similar prosecutorial authority is found in the Additional Protocols to the Geneva Conventions, Protocol I (Article 86 (2) - Failure to Act “breach of the Conventions or of this Protocol …by a subordinate does not absolve his superiors from penal or disciplinary responsibility… if they knew, or should have known [of the crime]”), and Article 87 (Duty of Commanders- “military commanders [have a duty] to suppress and to report to competent authorities breaches of the Conventions and of this Protocol [and] to initiate such steps as are necessary to prevent such violations.. [and take] disciplinary or penal action against violators…”

What Prosecutor Moreno-Ocampo Must Prove to Obtain a Conviction

If Prosecutor Moreno–Ocampo uses the legal doctrine of command responsibility to prove his case, he must show beyond a reasonable doubt al-Bashir acted or failed to act with respect to the alleged crimes at least under one or more of the following circumstances. Al-Bashir, at the time of the alleged offenses, had 1) as a “civilian” president legal authority to command and control Sudanese soldiers and their commanders; 2) actual legal authority (de jure) over the Sudanese military and/or the janjaweed militia such that he can issue orders to them not to commit illegal acts, and punish them if they violate his orders; 3) operational power of command over military troops stationed in Darfur combined with the actual ability to control the conduct of these troops and their commanders; 4) de facto powers of command and control or other informal or indirect command and control over the janjaweed militia and their leaders; 5) de jure authority, command and control of such nonmilitary organizations as the Ministry of the Interior and other police and security agencies involved in actions against civilians in the Darfur region; 6) actual or constructive knowledge of crimes committed or about to be committed in Darfur, or acted or failed to act in willful disregard of available information indicating that crimes were committed or about to be committed in Darfur; 7) been negligent in gathering and processing information on crimes committed or about to be committed in Darfur and 8 ) known or should have known of crimes committed in the Darfur by the Sudanese military or the janjaweed and failed to punish the perpetrators or failed to take preventive action.

For purposes of Article 28 (a) (command responsibility) of the Rome Statute, and relying upon the Yamashita standard (WW II trial of Japanese war criminals on the basis of command responsibility) al-Bashir will have a very difficult time defending against the ICC charges. The facts of war crimes and crimes against humanity in Darfur were so notoriously known, so extensive and widespread both as to time (2003-present), area and victim populations, that the only reasonable conclusion by a fact-finder is that al-Bashir, as president of the Sudan and commander-in-chief of the Sudanese armed forces, must either have willfully permitted the commission of the crimes by members of the armed forces or the janjaweed who coordinated with the regular army units, or secretly ordered the commission of the alleged crimes.

Those who have some familiarity with the evidence against al-Bashir will likely agree that Prosecutor Moreno-Ocampo will be able to prove his case beyond a reasonable doubt by showing that al-Bashir:

Was president of the Sudan when the crimes began taking place in Darfur in 2003 and continue to the present day. As Sudan’s president was (and is) responsible for national security; and that as a commander-in-chief of the Sudanese military directed and maintained close contacts with field commanders in the Darfur region who reported to him directly, and that he had full authority to supervise and administer Sudan’s military.

Himself a former army general, was (and is) the chief architect of military policies and actions in the Darfur region with ultimate authority over military and civilian government organizations and operations involved in that region.

Has been informed of war crimes and crimes against humanity in Darfur through direct and indirect means. In September, 2004 President George W. Bush took the extraordinary step to inform him of crimes committed in Darfur when he declared, “The world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide.” International human rights organizations have put al-Bashir on alert for years concerning violations of international human rights law, and has taken vindictive actions against them after an arrest warrant was issued against him because they performed their duty of reporting war crimes and crimes against humanity as required by international law.

Had direct communication with janjaweed militia leaders, or indirectly through his ministers, and was well informed of their criminal activities in Darfur.

Has and continues to have de facto command and control and authority over the janjaweed militias and their leaders directly or through Sudanese military officers, the interior ministry and other government agencies; that he has provided the militias arms, training, tactical and logistical support in their criminal activities against civilians in Darfur.

Has directed or caused Sudanese military commanders to order and/or instruct the janjaweed to “mop up” and eliminate “insurgents” in the camps, and determined the details of such operations.

Was made aware of certain information concerning war crimes and crimes against humanity in Darfur, (including an extraordinary statement by the President of the United States in 2004 and other international human rights organizations), and presented with such alerting information was under a legal duty to investigate further, and to take all necessary measures to prevent the crimes from taking place.

Had the power to impose disciplinary or criminal sanctions against soldiers and commanders and janjaweed forces involved in crimes against civilians in Darfur. No commanders or janjaweed criminal perpetrators have ever been punished for war crimes or crimes against humanity.

Prosecutor Moreno-Ocampo has dozens of eyewitnesses to testify about the atrocities that took place in Darfur. He has substantial forensic, physical, documentary, photographic, videographic and a variety of circumstantial evidence of war crimes and crimes against humanity committed in Darfur. Based on the totality of the evidence, the ICC could reasonably and effortlessly conclude or infer that 1) al-Bashir knew or should have known of large scale atrocities committed against civilians for years in Darfur, 2) that he possessed sufficient knowledge of the Darfur atrocities to enable him to anticipate the eventual course of events that occurred between 2003 and the present, including the repeated commission of war crimes, crimes against humanity and other offenses; 3) that in those cases where he did not have actual knowledge of the crime, he remained willfully ignorant and failed to stay adequately informed of the circumstances in Darfur with gross criminal negligence, 4) that as president and commander in chief, he willfully refused to investigate war crimes and crimes against humanity and punish those who committed atrocities implicitly acquiescing to the crimes (or effectively ratifying the criminal conduct after the fact thereby encouraging the commission of additional atrocities in the future); and 5) that he was one of the few individuals who actually could have prevented atrocities in Darfur by providing for proper precautionary measures. Therefore, the ICC will likely determine that al-Bashir bears heavy attribution of personal and command responsibility for war crimes and crimes against humanity committed in Darfur beginning in 2003.

For whom the Bell Tolls

To al-Bashir’s soulmates who have “been saddened” by the arrest warrant issued against him, we offer them a verse from John Donne:

Send not to know
For whom the bell tolls,
It tolls for thee.

ONE DOWN….!

1 http://www.ethiopiangasha.org/tmp/BadBoys.html

Ethiopia ONLF rebels 'seize town'


BBC News
Rebels in Ethiopia fighting for the independence of the Somali-speaking Ogaden region say they have captured a town in the east of the country.

The Ogaden National Liberation Front (ONLF) said it had seized Mustahil and was also fighting for the towns of Wardheer and Khalavo.

It said at least 80 Ethiopian soldiers had been killed.

An Ethiopian government spokesman told the BBC the reports were absolutely false and the ONLF was on the run.

On Saturday, the Ogaden rebels said they had killed more than 20 Ethiopian troops in recent fighting, a report also denied by the authorities in Addis Ababa.

The ONLF, founded in 1984, says the Somali-speaking population in Ethiopia's oil-rich Ogaden region has been marginalised by Addis Ababa.

Ethiopia's military launched an offensive against the ONLF after its fighters attacked a Chinese-run oil venture in Ogaden in 2007, killing dozens of people, including nine Chinese nationals.

Andinet (UDJ) discusses on discipline matters

The party's vice chairperson and public relations head, Dr. Hailu Araya told the amharic bi-weekly newspaper, Reporter, that the party has discussed on discipline matters and will soon adopt a document. Read more here.

Sunday, March 8, 2009

Ethiopian Unity Diaspora Forum Conference

The Ethiopian Unity Diaspora Forum (EUDF) held its first organizational Conference in Columbus, Ohio on February 28, 2009. Despite their diverse backgrounds, the Participants displayed one common passion—the shared love of the Motherland. The preservation and maintenance of the Sovereignty and territorial integrity of Ethiopia was without question the unifying factor that beckoned the Participants to meet at the first organizational conference of the EUDF. Some of the participants drove hundreds of miles, and all Participants financed their own travel and lodging to participate in this historic Conference.

During our recent national history, we have been subjected to social and political tsunami that has eroded our national pride, and left us with deep wounds of conflicts and divisions. It was also emphasized at the Conference that the Ethiopian people are currently suffering from lack of democracy, rule of law, respect for human rights, and freedom of expression. In this regard, the Participants stressed the necessity of being inclusive as much as possible so that a growing number of Ethiopians of the Diaspora community contribute to the struggle for democracy and individual rights in Ethiopia. The Participants emphasized the importance of not repeating the errors of the past. Discussions and discourses at the Conference were conducted in a brotherly and respectful manner. Each Participant had uncensored opportunity to share his views and concerns on the economic and political situations in Ethiopia and the roles played by the Diaspora community. The Conference lasted from 9:00am to 8:30pm, with breaks for coffee and lunch.

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In the morning session, most of the Participants presented their views followed by brief and unhindered comments from the floor. The afternoon session was focused on organizational matters and the roles of the EUDF. The following are some of the most significant items reached by consensus by the Participants of the Conference:


1.that the Participants stressed that the EUDF must endeavor to bring together Ethiopians in the Diaspora world-wide in order to have one voice irrespective of the fact that they may be members of diverse political and civic organizations; that the Participants expressed their convictions that a large organization is necessary to have a meaningful impact on how the future of Ethiopia is to be guided by a legitimate and democratically elected Government of Ethiopia;

2.that the Participants focused their full and deep concern on issues dealing with the Sovereignty and territorial integrity of Ethiopia;

3.that the Participants stated the promotion of “Ethiopiawinet” as one of the objectives of the EUDF; they also pointed out that serious studies on a number of sensitive and national issues be conducted by Ethiopian scholars;

4.that the Participants declared their readiness to work and cooperate with other organizations with similar commitment to the wellbeing of Ethiopia and Ethiopians; that the Participants are committed to reach out to all Ethiopians in the Diaspora;

5.that the Participants expressed their commitment to work with all democratic forces inside Ethiopia;

6.that the Participants noted the fact that Ethiopian women and young Ethiopians are poorly represented in civic and political forums and conferences; that it was the consensuses of the Participants that maximum effort be devoted to bring about fair representations of Ethiopian women and young Ethiopians in the next Forum Conference;

7.that the Forum shall hold its first Public Conference in three months time, sometimes at the end of May, 2009; and

8.that all Participants acknowledged the need to work together setting aside past differences in political outlook and ideology.

Ethiopian Unity Diaspora Forum
March 3, 2009