The just ended Forum of Chinese–African Cooperation (FOCAC) in Beijing may prove to be the straw that breaks the camel’s back for the United States, long irritated by Africa’s relationship with an Asian country as powerful as itself. The 2018 forum was attended by more African leaders than attended the last AU Summit. Only six heads of state did not show up; Tanzania, Burundi, DRC, Eritrea and Algeria and were represented by vice presidents and prime ministers. Swaziland alone had nothing at all to do with FOCAC.
On 3 August, the day FOCAC 2018 opened, sixteen US senators wrote to Steven Mnuchin, Secretary of the Treasury and Michael Pompeo, Secretary of the Department of State demanding to know what the Administration proposes to do to stop China’s attempt to dominate the global economy. First signatory is Senator David Perdue, described as ‘Donald Trump’s Man in the Senate’. The letter is therefore guaranteed to get attention.
The senators point out that 23 of the 68 countries hosting Chinese Belt and Road Initiative (BRI) projects are at risk of debt distress. Eight countries with future BRI infrastructure investments are also at risk of debt distress. China is accused by the Senators of ‘predatory lending’,’weaponizing’ capital and holding poor countries to ransom when they fail to repay.
On 3 August, the day FOCAC 2018 opened, sixteen US senators wrote to Steven Mnuchin, Secretary of the Treasury and Michael Pompeo, Secretary of the Department of State demanding to know what the Administration proposes to do to stop China’s attempt to dominate the global economy.
This is not to say that the West has not weaponized capital as a matter of course. Sometimes literally. For example, International Lending Institutions will lend to countries that suppress political opposition. Such oppression means citizens cannot fulfil their right and duty to oppose unsustainable debt through democratic processes. In Uganda, electoral violence prevents the citizenry from freely campaigning for elections. Knowing this, Western sovereign lenders provide the means of repression by arming, for example, Uganda’s Special Forces Command while lending to the perpetrators of violence.
The core of the argument the US Senators are preparing against China’s BRI is this: countries in debt distress caused by BRI projects are also in debt to the IMF and turn to the IMF for bailouts. The US is the IMF’s biggest shareholder. As such, IMF bailouts to countries in debt-distress from Chinese loans would be transferring US taxpayers’ money to China. Sri Lanka’s bailout in 2016 did not prevent the loss of Hambantota Port.
However the major immediate cause of concern is Pakistan, reportedly planning to apply for an IMF bailout after her BRI indebtedness under the China–Pakistan Economic Corridor put Gwadar Port at risk. Djibouti whose debt to China is equivalent to 75% of her GDP (its total foreign debt to GDP ratio is 85%) is said to be at risk of losing Doraleh Container Terminal to China, an asset strategically important to the United States.
Uganda is not mentioned but is likely one of the other countries alluded to. Uganda’s debt–distress has been on the horizon for at least two years. The Auditor General signaled it in 2016. A recent attempt to increase tax revenues led to the #ThisTaxMustGo movement, an outcry from a public that sees little in the way of public services, and more recently, the disruption of a tax policy conference attended by donors.
What is important to Uganda is the questions put by the senators to the American Administration;
“As the largest contributor to the IMF, how can the United States use its influence to ensure that bailout terms prevent the continuation of ongoing BRI projects, or the start of new BRI projects?”
An understanding appears to have been reached with Kenya which this year applied for a bailout and simultaneously suspended all new infrastructure projects apparently in return for assistance.
The senators also require the Treasury and the State Department to investigate: i) which other countries are likely to require bailouts; ii) how BRI countries in debt distress can be assisted to repay their loans; and iii) alternative sources of infrastructure funding.”
The closing paragraph of the senators’ letter indicates that another proxy war is about to be fought on the African continent. It is clear the senators want the United States to disrupt Chinese–African cooperation:
“In his speech to the 19th Party Congress, President Xi declared, ‘China’s development does not pose a threat to any other country. No matter what stage of development it reaches, China will never seek hegemony or engage in expansion.’ It is apparent that this statement is fundamentally false, and the goal of BRI is the creation of an economic world order ultimately dominated by China. It is imperative that the United States counters [emphasis mine] China’s attempts to hold other countries financially hostage and force ransoms that further its geostrategic goals.”
African leaders attending FOCAC have been promised $60 billion in development assistance. It will be made up of grants and more importantly, loans from Chinese financial institutions. China in 2018 has promised to import more non–commodities (finished goods) from Africa. At FOCAC 2015, the same amount was promised. Given that several countries are already struggling to repay Chinese debt, which carries higher interest and is repayable over a shorter period than loans from other sources, the offer is not necessarily an altruistic gesture.
At the end of FOCAC 2015 held in Johannesburg, the dysfunctional relationship between Africa and China was already evident. The relief of the Chairman of the Africa Union as he welcomed the blandishments of President Xi Jinping was palpable. Probably remembering the Bandung Conference of 1955, in a quivering voice President Robert Mugabe (for it was he) delivered one of those lyrical declamations he was so good at, “Here is a man representing a country once called poor, a country which was never our coloniser. But there you are, he is doing what we expected those who colonised us yesterday to do.”
With the colonial and especially settler–state experience, and after the Continent has been all but disembowelled so that its endowment of natural resources has failed to translate to a decent standard of living as the norm, the current belief that China or anyone else is going to do the work, is astounding in its naïveté.
The relationship between China and Africa is said, over and again, to be rooted in friendship and equality. It is this that is expected to provide the impetus to begin to deliver on goals whose attainment is long overdue: industrialization, modernisation of agriculture, poverty reduction, technological capacity building and economic development. These are expected to be reached by means of Chinese capital, technology and personnel for the construction of roads and other infrastructure, investment and trade facilitation and environmental protection. Sino–sceptics recall the very same development goals were discussed at great length with Europe and America in the immediate post-independence period and beyond.
For his part, President Museveni expressed the hope in Beijing 2018, that the relationship with China would allow Africa to, “more easily work with our friends in the EU and the USA on the basis of win-win arrangements, not the win–lose arrangements of the last 500 years […] many African countries and the former colonizers can put to good use the historical relations with the British Commonwealth or the French Community. What was previously negative could become much more positive than it has been hitherto.”
The relationship between China and Africa is said, over and again, to be rooted in friendship and equality. It is this that is expected to provide the impetus to begin to deliver on goals whose attainment is long overdue: industrialization, modernisation of agriculture, poverty reduction, technological capacity building and economic development…Sino–sceptics recall the very same development goals were discussed at great length with Europe and America in the immediate post-independence period and beyond.
In the interim, raw materials have continued to dominate African exports. Structural Adjustment Programmes led to deindustrialisation on a grand scale. Despite mineral and other endowments dwarfing anything available in the West or the East, African countries continue to occupy the lower rungs of the Human Development Index.
Listening to Xi Jinping’s address at FOCAC 2015, one would have thought China has no needs of her own – they were not mentioned either by China or her African hosts – and that China is in it for purely altruistic reasons. Mugabe, the AU chairman, claimed that the -Sino-African relationship goes far deeper than mineral extraction. The 50,000 elephants we lose to poachers every year did not feature either.
Pro–FOCAC leaders no doubt recall the heady days of Bandung and the creation of the Non-Aligned Movement, when there was an Afro–Asian bloc at the UN General Assembly. Back then, African countries were proactive and saw themselves as actors on the world stage rather than as mere props in other people’s scripts and proxies in their wars. An episode that occurred during the Cold War illustrates this. The US sought to bar China from membership of the UN General Assembly and African leaders were lobbied by high-level American officials to vote against China. Just a week after Nigeria gained independence in October 1960, Prime Minister Balewa called on President Eisenhower. Having assured Eisenhower that he was not a Communist, Balewa made a request for bilateral aid and was assured aid would be available through the UN Special Fund. He was advised that the United States preferred making loans to giving grants.
Later in the conversation in answer to a question from Prime Minister Balewa, President Eisenhower said that a vote by Nigeria in favour of Red Chinese representation at the UN would “constitute such a repudiation of the U.S. that we would be in a hard fix indeed.” [i] Balewa in turn expressed surprise that a nation of 650 million should be excluded from representation at the world body. In the event, Nigeria voted against the U.S. position on the Chinese delegation.
Nowadays things are different. Uganda abstained from the historic UN General Assembly vote against the United States’ endorsement of Israel’s annexation of East Jerusalem when Washington announced that the US was moving her Embassy there. Kenya dodged the vote altogether. In an earlier resolution (December 2016) against, among other things, Israel changing the status of internationally recognized Palestinian territory via settlements, Uganda abstained.
FOCAC 2015 provided US$5 billion in grants as a sweetener and US$ 55 billion in loans. In 2018 a further $60 billion has been pledged. Going on precedent, the majority of these funds will not reach their intended beneficiaries, for easily understandable reasons. Apart from the bureaucracy surrounding the loan applications, most African countries lack a strong regulatory framework. The result: massive waste and theft of public funds. Uganda, for example, has spent billions of dollars of tax revenues and loans on civil service reform, and millions on programmes to deepen democracy yet an enabling environment for sustainable development continues to elude her citizens. State brutality is on the increase.
Uganda’s allegiance to China does not require her to address failures in deepening democracy and inclusive development even for public relations purposes. Although the Western development industry too has tolerated what it calls ‘democratic deficits’ their leaders can be called to account because unlike China, they continually profess democratic values. What follows below is a brief run-through of recent examples of kleprocracy and incompetence supported in Uganda:
The National Roads Authority (UNRA) was established in 2006 to make road construction more efficient than it was under the Ministry of Transport. With its large budget, the UNRA quickly became known for some of the country’s more colourful corruption scandals. In 2015 UNRA excelled itself when the country lost in the region of UGX 24.7 billion (US$ 6.5 million at current rates) in the Mukono–Katosi road scam. The Inspector General of Government found that the Minister for Transport, Abraham Byandala, abused his office by inducing the supposedly independent UNRA to give a contract to one Eutaw, a firm claiming to be related to an American firm of a similar name. The firm, which turned out to have no relation to its American ‘parent company’, was paid advances for work it was unable to complete. Byandala was acquitted in August 2018, for insufficient evidence.
Uganda’s allegiance to China does not require her to address failures in deepening democracy and inclusive development even for public relations purposes. Although the Western development industry too has tolerated what it calls ‘democratic deficits’ their leaders can be called to account because unlike China, they continually profess democratic values.
Meanwhile in the south, the brand new highway to Rwanda literally split in two with one half sliding down the hill. The much–praised Northern By–pass in Kampala was closed as the swamp through which it was built began to reclaim it in the March rains. The Roads Authority is slated to be disbanded by presidential decree as a waste of resources.
The Uganda National Bureau of Standards (UNBS), was established in 1983, “to enforce standards for protection of public health and safety and the environment against dangerous, counterfeit and substandard products; ensuring fairness in trade and precision in industry; strengthening Uganda’s economy….” Given that the disposal of disused short–life cheap goods imported from China is becoming an environmental hazard and counterfeit drugs a health hazard, UNBS and other specialised quality assurance agencies would need to be much stronger if the goals of green development, health and prosperity are to be attained.
The CEO of UNBS was suspended in 2015 with various management weaknesses cited as the reason. In 2018, the situation has deteriorated to the degree that foods have been found to be adulterated, notably meat preserved with formaldehyde.
The judiciary (Justice Law and Order Sector) is at once a source of hope and a constant source of disappointment. Sovereign debt has legal and constitutional ramifications. For example, Uganda’s constitution requires the state and its citizens to ‘defend the independence, sovereignty and territorial integrity of Uganda’ and to build national strength in political, economic and social spheres to avoid undue dependence on other countries and institutions.’ This is meant to be done mainly through Parliament which approves or rejects debt. Clearly unsustainable debt flies in the face of independence.
Other indebted countries too have fallen into debt in contravention of the law. Mozambique’s $2 billion secret loans (one from a Russian bank) were taken out by the finance minister who was not authorised to do so. He later admitted that he was unaware when he signed the guarantee that he gave the creditors sovereign powers over all Mozambican assets until the debt was repaid.
Sovereign debt has legal and constitutional ramifications. For example, Uganda’s constitution requires the state and its citizens to ‘defend the independence, sovereignty and territorial integrity of Uganda’ and to build national strength in political, economic and social spheres to avoid undue dependence on other countries and institutions.’ This is meant to be done mainly through Parliament which approves or rejects debt.
This is what the US Senators refer to as ‘predatory lending.’ However, the same administrative weaknesses taken advantage of by Chinese and Russian lenders are relied on by Western lenders despite the claim that they operate under different standards.
It was expected that the Constitutional Court would strike down Parliament’s removal of presidential age limits further reducing the chance of removing the incumbent kleptocratic regime.. What came as a shock was the ruling on the invasion of Parliament by the Special Forces beating, torturing several Members of Parliament” physical assault on the elected representatives of the people by ‘security operatives’.
During the appeal against age limit removal, only one out of five judges ruled that state violence is unconstitutional in all circumstances and that it therefore rendered the Age Limit Act null and void. Justice Kenneth Kakuru said,
“The Constitution demands that citizens of this Country be treated with respect and dignity by all agencies of the State. Again I am constrained to refer to the maiden speech of President when in 1986 he promised Ugandans that no citizen would be beaten by the army (read or the Police) as it had been the norm in the past regimes.
The police in Uganda have no right to frog march Members of Parliament, beat them and humiliate them the way they now routinely do which this Court takes judicial notice of being a notorious fact [emphasis mine].”
The rest of the judges were of the view that the attack on Parliament did not nullify the Age Limit Act opening the way for President Museveni’s life tenure and also for assaults on members of parliament.
Many blame the constitutional court’s failure to condemn state violence for the subsequent attack on members of parliament and their supporters in the Arua by–election weeks later.
For two weeks beginning in Arua on 13 August 2018 the armed forces indulged in a wave of electoral violence that spread to other cities. At the time of writing, a high level press conference has just ended in Kampala. Briefing the media about the electoral violence, the Minister for Security said the armed forces acted with restraint and that had they not, casualties would have been more severe. In other words – be grateful we let you live. A further update: President Museveni addressing his party caucus warned them that he has the power to shut down Parliament.
Justice, law and order, health, education, immigration, infrastructural development and tax administration, are all sectors important for development which have exhibited persistent weaknesses. Neither debt nor grants (Chinese or Western) have removed precarity from the manner in which the country is governed or from the day–to–day existence of the majority of Ugandans. Increased debt and grants are not the answer.
In any case, the Chinese project is about to receive major push–back from the United States. A decade ago, correspondence between the US Embassy in Kampala and Washington indicated concern about the manner in which China beats American firms in bids for oil concessions and infrastructure projects by bribing government officials. (Email-2011-10-19 07:38:18 From: email@example.com To: firstname.lastname@example.org. Source: Wikileaks). At some point, officials discussed (with the UK) but did not implement travel bans on the senior government officials taking bribes, possibly leaving room for negotiation. That era may have ended.
There are two possible outcomes for Africa. It is just possible that African, Asian and South American countries could become active negotiators this time around. If they were to engage regional blocs they would be able to come away with more profitable and transparent financial arrangements. The best case scenario would include repudiation of illegitimate debt; all monies recklessly loaned to kleptocrat administrations and all those used to perpetuate despots in power.
The best case scenario would include repudiation of illegitimate debt…Failing that China, Europe and the United States will simply agree to a second partition of Africa into new spheres of influence…The current crop of African leaders, noted mainly for bribe-taking and theft of public resources is more likely to cooperate in the second partition of Africa than to restructure the basis of the Continent’s relationship with the imperial powers.
Failing that China, Europe and the United States will simply agree to a second partition of Africa into new spheres of influence. Which brings us to the main ingredient lacking: leadership. The current crop of African leaders, noted mainly for bribe-taking and theft of public resources is more likely to cooperate in the second partition of Africa than to restructure the basis of the Continent’s relationship with the imperial powers.
[i] FRUS 1958-1960 v.14 Newly Independent States, Document 77, Memorandum of Conference with President Eisenhower, October 8, 1960.
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Abiy Has Lost His War but Ethiopia Could Reinvent Itself
The conflict has left a weakened nation and it has confronted all Ethiopians with one inescapable truth: they must acknowledge their diversity or risk disintegration.
A coalition of Ethiopian opposition forces is approaching the gates of the capital, Addis Ababa, following a long, arduous offensive against forbidding odds. The Ethiopian army has effectively disintegrated, partly from major battlefield losses and partly from self-inflicted attrition as the high command weeded out and disarmed troops with ethnic ties to the Tigrayan and Oromo rebels. Addis is expected to fall in a matter of weeks, if not days.
The recent capture of Debre Sina – a town some 200 kilometres north of Addis – by the Tigray Defence Forces (TDF) and Oromo Liberation Army (OLA) triggered alarms in Addis and beyond. The Ethiopian capital is one of Africa’s vastest metropolises and has a population estimated at over 5 million. Western governments issued a flurry of advisories urging their citizens to leave Ethiopia, while numerous embassies, the African Union and United Nations ordered non-essential staff and dependents to quit the country. The US deployed special forces to nearby Djibouti as a contingency. The Ethiopian government, bizarrely, denounced such measures as malicious neo-colonial propaganda, an affront to national sovereignty, and called for pan-African solidarity in quashing the manifestly domestic insurgency.
Late last week, Prime Minister Abiy Ahmed announced he was heading to the front lines to lead combat operations and transferred executive powers to Deputy Prime Minister, Demeke Mekonnen. Two celebrity athletes, Feyissa Lelissa and Haile Gebreselassie, declared they would join the fight to defend the city. The Prime Minister’s apparent willingness to seek martyrdom in battle has inspired tens of thousands of volunteers, drawn from his hard-line “One Ethiopia” support base, to undergo hasty military training and dig trenches around the capital in anticipation of a ferocious – but familiar – grand finale. The war-unto-death martial paradigm has a long pedigree in Ethiopia’s blood-drenched political history. Emperors waged war without quarter and died in battle. It was either conquest or death. PM Abiy’s politics, rhetoric, posture, and self-belief seem almost eerily designed to reprise the country’s dark history.
The conflict in Ethiopia, undoubtedly, is entering its most dangerous phase. But fears of pitched battles in the capital between rival ethnic militias, accelerating the country’s violent slide towards chaos – or even collapse – may yet prove to be overblown. Abiy’s boastful appetite for battlefield glory was taken down a notch when he appeared in staged videos on state television, supposedly leading troops in Ethiopia’s desolate Afar region, far from the fiercest fighting. Ill-trained and lightly armed volunteers, even in the thousands, are no match for disciplined, battle-hardened TDF troops equipped with heavy weapons and armoured vehicles. OLA units stationed around the capital, though less well-trained or equipped, could diminish any numerical advantage Abiy’s last minute recruiting drive might have achieved. A brief, orderly take-over of Addis Ababa is still possible.
The war-unto-death martial paradigm has a long pedigree in Ethiopia’s blood-drenched political history.
If so, then the battle for Ethiopia’s future will begin in earnest. Abiy and his supporters claim to be fighting to prevent the Tigray People’s Liberation Front (TPLF) from ever ruling Ethiopia again. Ironically, seizing power is the last thing the Tigrayans want. On the contrary many – if not most – have been so horrified by Abiy’s genocidal military campaign, and the enthusiastic support that it received from so many of their compatriots, that they seek even greater autonomy for Tigray, or possibly even secession from Ethiopia altogether. For the TPLF, the seizure of Addis Ababa is a limited strategic objective: a necessary evil to unseat Abiy, lift the devastating siege on Tigray, and secure their population against future threats. With Abiy gone, that will mean the TDF returning to Tigray to confront the Amhara militias occupying Western Tigray and the very real prospect of renewed conflict with Eritrea. The gravest danger to post-Abiy Ethiopia is not that the TPLF will reclaim the reins of government, but rather that they might abandon the capital, leaving the ill-equipped OLA alone to manage a perilous political and security vacuum. Likewise, Abiy loyalists in each of the regional states are also likely to be ousted, cascading uncertainty, instability and, tragically, violence down to the provincial level.
Post-Abiy Ethiopia will be a diabolically difficult country to govern. Abiy’s imperial conceit has unleashed even greater centrifugal forces. Having witnessed the hazards of federal overreach, regional states – with Tigray in the vanguard – are likely to demand even greater autonomy and devolution of powers – including security – to permanently weaken the centre. In some regional states, minority communities like the Qemant and Agaw may in turn demand some form of recognition or special status to protect them from domination and assimilation by ethnic majorities. The political, legal, and constitutional challenges involved in negotiating such radical decentralisation are almost impossibly complex and intensely emotive.
Abiy loyalists in each of the regional states are also likely to be ousted, cascading uncertainty, instability and, tragically, violence down to the provincial level.
International partners not only have a moral obligation, but also a pragmatic political stake in preventing Ethiopia’s descent into chaos. Rather than seeking to freeze the conflict with a ceasefire between implacable adversaries, the international community should concentrate on making the TDF/OLA takeover as orderly as possible, enabling the TDF to withdraw from the capital at the earliest opportunity, and helping to formulate a framework for national dialogue. International assistance will also be required in developing a credible mechanism for transitional justice for victims of war crimes and crimes against humanity.
A robust transitional justice intervention may be the only way to prevent another full-scale war with Eritrea, holding Isaias Afwerki, his commanders and party officials to account for atrocities committed by their forces in Tigray. But given the sluggishness with which international justice is delivered, and the lack of adequate enforcement mechanisms, this is a problem that the TDF may decide to resolve on their own terms.
Abiy’s war is lost, but Ethiopia is not. This conflict has indisputably left the nation weak, traumatised, and polarised, but it has produced no victor nor left any spoils. And it has confronted all Ethiopians with one inescapable truth: they must acknowledge their diversity or risk disintegration.
African Citizens’ Letter to the United Nations Secretary General On the risk of genocide in Ethiopia
We, the undersigned, write on behalf of ourselves, our members across the regions of the African continent and the Diaspora and on behalf of concerned Africans and humanity everywhere, to request you to provide leadership in taking urgent measures to prevent imminent genocide in Ethiopia. Absent such action, we believe that genocide is likely to happen under your watch as the Secretary-General which will be a blot not merely on your record in that capacity but also of our collective humanity at this time. To avert this, we urge you to initiate or take the following steps urgently: –
- Work with the International Committee of the Red Cross (ICRC) to make inventories of all internment centres in Ethiopia and ensure access, monitoring and oversight of conditions therein by the ICRC;
- Deploy, without further delay, your Special Advisor on the Prevention of Genocide (SAPG), Ms. Alice Nderitu, on an urgent assessment mission into Ethiopia;
- Take steps in liaison with Member States to convene a special session of the Human Rights Council on Ethiopia;
- Secure a clear Security Council Statement of commitment to the prevention of genocide in Ethiopia and authorization of measures to follow up on that commitment; and
- Provide a clear commitment by the Secretary-General to ensuring the prevention of genocide in Ethiopia.
As you may recall, on 21 May 2000, the International Panel of Eminent Personalities (IPEP) on the Rwandan genocide, chaired by Botswana’s former president, Ketumile Masire, submitted its Report to the United Nations through the Secretariat of the Organisation of African Unity. The title of the Report was “Rwanda: The Preventable Genocide”. The Panel transmitted the Report under cover of a letter part of which contained the following words: –
“Indisputably, the most important truth that emerges from our investigation is that the Rwandan genocide could have been prevented by those in the international community who had the position and means to do so. But though they had the means, they lacked the will. The world failed Rwanda.”
Specifically, the Report found that the United Nations “simply did not care enough about Rwanda to intervene appropriately.”
We write because 21 years later, under your leadership, the United Nations does not appear to have taken any of these lessons to heart and the world could be auditioning for yet another preventable genocide in Ethiopia. The evidence is all too glaring: –
- A rebel army defined mostly by ethnic identity is marching relentlessly towards the capital city (Addis Ababa).
- An incumbent regime, enabled by trappings of international recognition, precariously clings to power through appeals to narrow identity and is programming its populations for a campaign of extermination against populations almost exclusively defined by ethnicity.
- Around Addis Ababa, the Federal Government and the Amhara Regional Government are distributing crude arms to neighbourhood and popular militias and programming them for the extermination in the name of self-defence.
- At the beginning of November 2021, the Federal Government in Addis Ababa promulgated a state of emergency empowering themselves to intern almost exclusively people of Tigrayan identity. Around Addis Ababa, tens of thousands of Tigrayans have been rounded up and interned in makeshift detention centres – malls, shops, police units, construction sites – just for the crime of who they are or where they come from. The numbers are ambulatory but best reliable estimates indicate the numbers now interned or disappeared could be close to 40,000 and rising rapidly. This is happening also in other major cities around the country controlled by the Federal Government and its allies. These internees are denied basic dignity and are not afforded access to visitation. The internment centres and conditions are equally not under the oversight or monitoring of any independent institutions.
- While all these happen, the United Nations and the African Union as a regional arrangement under Article 52(1) of the UN Charter, have failed to take any concrete steps to prevent the real likelihood of imminent mass extermination, beginning with all the internees.
Mr. Secretary General,
- On 5 February 2021, your own Special Adviser on the Prevention of Genocide (SAPG), Ms. Alice Nderitu expressed “alarm” at “the continued escalation of ethnic violence in Ethiopia and allegations of serious violations of International Humanitarian Law and Human Rights in the Tigray region”, including “attacks against civilians based on their religion and ethnicity as well as serious allegations of human rights violations and abuses including arbitrary arrests, killings, rape, displacement of populations and destruction of property in various parts of the country.”
- On 30 July 2021, your own SAPG, Ms. Alice Nderitu, “condemned inflammatory statements used by top political leaders and associated armed groups. The use of pejorative and dehumanizing language like ‘cancer’, ‘devil’, ‘weed’ and ‘bud’ to refer to the Tigray conflict, warning that “hate speech, together with its propagation through social media is part of a worrisome trend that contributes to further fuel ethnic tensions in the country.”
- In their Joint Investigation Report issued on 3 November, 2021, the United Nations High Commissioner for Human Rights and the Ethiopian Human Rights Commission found that there were “reasonable grounds to believe that a number of (…) violations may amount to crimes against humanity and war crimes.”
- On 8 November 2021, your own SAPG, Ms. Alice Nderitu, communicated that she is “gravely concerned at the deterioration of the situation of Ethiopia, where escalation of violence, increased incidence of ethnically and religiously motivated hate speech, displacement of populations and destruction of property display serious indicators of risk of commission of atrocity crimes.”
It is quite clear that if Addis Ababa should come under threat of falling to the rebel army, the internees – wherever they are held – would, under current conditions, be liable to be exterminated. This is easily foreseeable. It can also be prevented.
We further note the alarming evidence of the likelihood of (continued) perpetration of other serious crimes under international law on populations including extermination, torture, rape and persecution.
The United Nations under your leadership can surely stop history from repeating itself. You have the means to do so but time is running out and posterity will be brutal in its judgement of your tenure if, despite the clear notice with a calendar, this genocide is not prevented.
Signed by the following institutions and individuals as at 5.00 p.m. (East African Time) on Friday 26th November 2021
A – Institutions
- Africa Centre for Open Governance (AfriCOG)
- African Initiative for Peacebuilding, Advocacy and Advancement (AfriPeace), Jos, Plateau State, Nigeria
- African Union Watch, Banjul, The Gambia
- Atrocities Watch Africa (AWA), Kampala, Uganda
- Cameroon Women’s Peace Movement (CAWOPEM)
- Centre for Democracy and Development (CDD), Nigeria
- Coalition burundaise des defenseurs des droits de l,home (CBDDH), Burundi
- Coalition des Defenseurs des Droits Humains du Benin, Benin
- Coalition Malienne des Défenseurs des droits de l’homme, Mali
- Coalition Togolaise des Défenseurs des Droits Humains (CTDDH), Togo
- Coalition Burkinabè des Défenseurs des droits humains (CBDDH), Burkina Faso
- Coalition Ivoirienne des Défenseurs des Droits de l’Homme, Côte d’Ivoire
- Coalition for an effective African Court on Human and Peoples’ Rights (ACC), Arusha, Tanzania
- Le Forum pour le Renforcement de la société civile (FORSC), Burundi
- Gender Centre for Empowering Development (GenCED)
- Hope Advocates Africa (HADA)
- Human Rights Defenders Network Sierra Leone
- Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH)
- International Refugee Rights Initiative (IRRI), Kampala, Uganda
- Mouvement des Femmes et Filles pour la Paix et la Sécurité au Burundi, Burundi
- Mozambique Human Rights Defenders Network
- Nawi – Afrifem Macroeconomics Collective, Nairobi, Kenya
- Network of Independent Commissions for Human Rights in North Africa
- Nigerian Human Rights Defenders Focal Point, Nigeria
- Pan African Citizens Network (PACIN), Nairobi, Kenya
- Pan African Lawyers Union (PALU), Arusha, Tanzania
- Réseau des Citoyens Probes (RCP), Burundi
- Réseau des Défenseurs des Droits Humains en Afrique Centrale
- Réseau Nigérien des Défenseurs des droits de l’homme
- Réseau Ouest Africain des Défenseurs des Droits Humains
- Southern Africa Human Rights Defenders Network (Southern Defenders)
- Tax Justice Network Africa (TJNA), Nairobi, Kenya
- Victim Advocates International (VAI), Nairobi, Kenya
- Youth Forum for Social Justice
B – Individuals
- Achieng AKENA, Executive Director, International Refugee Rights Initiative (IRRI), Kampala, Uganda
- Ida BADJO, Togo
- Joseph BIKANDA, Cameroon
- Professor Danwood CHIRWA, Dean, Faculty of Law, University of Cape Town, South Africa
- Maître Francis DAKO, Lawyer Benin
- Caryn DASAH, Cameroon
- Donald DEYA, Chief Executive Officer, Pan African Lawyers Union (PALU), Arusha, Tanzania
- Adaobi EGBOKA, Human Rights Lawyer, Nigeria
- Chibuzo EKWEKUO, Lawyer, Abuja, Nigeria
- Hannah FORSTER, Chairperson, CSO Coalition on Elections, Banjul, The Gambia
- Immaculée HUNJA, Mouvement des Femmes et Filles pour la Paix et la Sécurité au Burundi, Burundi
- James GONDI, Human Rights Lawyer, Nairobi, Kenya
- Ibrahima KANE, Lawyer, Senegal
- Naji Moulay LAHSEN, Morocco
- Bonaventure N’Coué MAWUVI, Togo
- Alvin MOSIOMA, Executive Director, Tax Justice Network Africa (TJNA), Nairobi, Kenya
- Vera MSHANA, New York, United States of America (USA)
- Salima NAMUSOBYA, Initiative for Social and Economic Rights (ISER), Kampala, Uganda
- Stella W. NDIRANGU, Human Rights Lawyer, Nairobi, Kenya
- Dismas NKUNDA, Executive Director, Atrocities Watch Africa (AWA), Kampala, Uganda
- Bahame Tom NYANDUGA, Chairman ad interim, African Union Watch, Dar es Salaam, Tanzania
- Professor Chidi Anselm ODINKALU, former Chairperson, National Human Rights Commission of Nigeria, Abuja, Nigeria
- Gladwell W. OTIENO, Nairobi, Kenya
- Charles Donaldson OGIRA
- Dr. Feyi OGUNADE, Executive Director, African Union Watch
- Silas Joseph ONU, Convener, Open Bar Initiative, Nigeria
- Caylen SANTOS, The Shalom Foundation, Franklin, TN
- Crystal SIMEONE, Nairobi, Kenya
- Mélanie SONHAYE KOMBATE, Togo
- Arnold TSUNGA, Lawyer, Zimbabwe
- Rosalie Wakesho WAFULA, Lawyer, Kenya
With copies to:
Ms. Michelle Bachelet Jeria
United Nations High Commissioner for Human Rights
Office of the High Commissioner for Human Rights (OHCHR)
Mr. Peter Maurer
President of the International Committee of the Red Cross (ICRC)
International Committee of the Red Cross (ICRC)
Ms. Alice Wairimu Nderitu
United Nations Special Adviser on the Prevention of Genocide (SAPG)
United Nations Office on Genocide Prevention and the Responsibility to Protect
New York, United States of America (USA)
Ms. Karen Smith
United Nations Special Adviser on the Responsibility to Protect
United Nations Office on Genocide Prevention and the Responsibility to Protect
New York, United States of America (USA)
Mr. Parfait Onanga-Anyanga
United Nations Special Envoy for the Horn of Africa
Office of the Special Envoy for the Horn of Africa
Ms. Hanna Serwaa Tetteh
Special Representative of the United Nations to the African Union and Head of the United Nations Office to the African Union
Addis Ababa, Ethiopia
Joint UN, Ethiopia Atrocities Report: Poison Fruit of Poisonous Tree
By excluding the voices of the majority of victims, the UN violated its cardinal principle of a victim-centred investigation.
The joint United Nations (UN) and Ethiopian Human Rights Commission (EHRC) investigation is like a ham omelette: the chicken is involved, but the pig is committed. In this investigation, the UN only reluctantly became involved in demonstrating its efforts in investigating atrocity crimes, while the EHRC was committed to defending the government of Ethiopia – the architect of the war on Tigray.
Various reports on the investigation into atrocity crimes committed in Tigray are expected to be released in the coming weeks.
The report of the joint UN and EHRC investigation was released on 3 November 2021. The much-anticipated report by the African Commission on Human and Peoples’ Rights, and the determination by the United States government on whether genocide against Tigrayans has been committed, are also expected to be released in the near future. These reports will be markedly different from the discredited report of the joint investigation.
The joint investigation’s report failed to establish facts because the Joint Investigation Team (JIT) had no access to the location it purported to cover and where most of the crimes are presumed to have been committed. Due to what the report calls “challenges and constraints”, the joint investigation was unable to access atrocity zones. It also underreported on, and failed to include, infamous atrocity zones in Tigray, including Axum, Abi Addi, Hagere Selam, Togoga, Irob, Adwa, Adrigrat, Hawzen, Gijet, and Maryam Dengelat as well as the Tigrayan bodies that washed up in Sudan on the Nile River. As in most cases, the worst atrocity zones in Tigray were located in active battlefields. Yet, the investigators were able to visit and interview witnesses in parts of Tigray that had been ethnically cleansed.
Moreover, the report downplayed the concerns of victims. The UN Basic Principles on Right to Remedy and Reparations, under Principle 8, define victims as:
[P]ersons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or serious violations of international humanitarian law. Where appropriate, and in accordance with domestic law, the term “victim” also includes the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimisation.
The final report did not include the findings of extensive interviews that the UN conducted with Tigrayan refugees from the second week of November 2020 through to the end of December 2020. These interviews were held in refugee camps in Sudan, with victims and witnesses of human rights violations of various kinds and to different degrees. According to some informants, the report was submitted to Michelle Bachelet, the UN High Commissioner for Human Rights, in January 2021. However, for unclear reasons, the findings of this investigation have not yet been made public, and there is no mention of it in the joint report. Informants say that few staff members of the Office of The High Commissioner for Human Rights in Addis Ababa raised questions regarding the integrity of the investigation carried out by their colleagues in Sudan.
The voices of victims and witnesses of atrocious crimes who gave their accounts in complete confidence in the UN have been deliberately disregarded. Instead, the UN issued the report authored jointly with the EHRC while concealing the report its office in Sudan had produced earlier. This amounts to subversion of investigations and victims’ right to truth and remedy – a violation of international law. Reports indicate that the government of Ethiopia curtailed the UN’s role in the investigation including by expelling one of the UN investigators.
Witnesses were reluctant to participate in an inquiry involving the EHRC. As one of the challenges, the report mentions the “perceptions of bias against the EHRC in some parts of Tigray where some potential interviewees declined to be interviewed by the JIT because of the presence of EHRC personnel”. This is a deliberate understatement.
Tigrayan victims and Tigray authorities rejected the joint investigation from the outset and declared their non-cooperation. In a recent report the Guardian asserts, “Especially damaging has been the growing perception among Tigrayans, about 6% of Ethiopia’s population, that the commission is partial towards the federal government and hostile to the TPLF.”
The voices of victims and witnesses of atrocious crimes who gave their accounts in complete confidence in the UN have been deliberately disregarded.
Victims are right to fear reprisals by Ethiopian, Eritrean and Amhara forces, and this fear silenced many and reinforced victims’ non-cooperation since the EHRC was involved. Conversely, perpetrators believe they can get away with their crimes when the EHRC is leading the investigation.
A principal at the core of the concept of justice is redressing the wrongs done to victims. The interests of victims should thus remain central to any investigation. In Tigray, women are the principal victims of the war, and a deliberate campaign of rape and sexual violence has been as typical as murder.
By excluding the voices of the majority of victims, the UN violated its cardinal principle of a victim-centred investigation. Justice entails that victims have the right to the truth and that those responsible for victimising people are held to account for their actions in a transparent fact-finding process and held liable for remedying the harm caused. The truth of what occurred should be established through the verification of facts and full public disclosure.
The joint investigation started on the wrong footing. The basis on which the decision to constitute a joint investigation was made, the terms of reference, the selection of the investigators, and the agreement between the UN and the EHRC have never been made public, despite many requests. They remain shrouded in secrecy.
Some claim that the EHRC was involved in this investigation for the UN to gain access to Ethiopia. Others argue that such a joint venture would help build local and national capacity for investigation. It is heartless to think of building local capacity at the expense of victims of mass atrocity crimes (rape, killings, displacement and destruction of livelihoods). In effect, in this investigation, though committed to addressing atrocity crimes, the UN has been allowed to play second fiddle to personalities of a national system. The UN offered a façade of independence and impartiality to the investigation. The decision to conduct this joint investigation politicized a process that could and should have been de-politicized.
Some claim that the EHRC was involved in this investigation for the UN to gain access to Ethiopia.
Given that a general situation of war, chaos and a breakdown in law and order has been deliberately created in Tigray to systematically and systemically commit atrocities, destroy infrastructure and loot property, fears of reprisal are real. Consequently, the victims had little confidence in the joint investigation’s impartiality, capability and mandate to establish the truth, let alone identify perpetrators – particularly those holding the highest offices of command, control and communication.
For these reasons, many Tigrayans denounced the UN High Commissioner for Human Rights for involving the EHRC. The investigation was, from the start, designed to fail the Tigrayan victims. Tigrayans consistently called for the UN to establish an international commission of inquiry equipped to investigate crimes of such magnitude and gravity.
What is more, the report subverted the core aim of a standard investigation. Investigations and findings should be based on verifiable evidence collected from the ground without any involvement from the parties to the conflict and institutions accused of bias. The UN also failed to follow its guidelines and precedence of establishing independent and international commissions of inquiry or international fact-finding missions, as it did in Burundi, South Sudan, Gaza, Syria, Libya, Sudan (Darfur), Côte d’Ivoire, and Lebanon. These exemplary investigations were comprehensive and served as historical records of grave violations of human rights and international humanitarian law, offered the victims truth, and ensured the legal and political accountability of those responsible. In addition to holding criminals accountable, such investigations are supposed to help in restitution, compensation, rehabilitation, satisfaction, and above all, guarantees of non-repetition of violations.
One asks why the UN thinks the atrocities committed in Tigray are less deserving.
All investigations need to include all alleged violations by any party. The prosecution also needs to include all responsible parties to ensure that no justice is victor’s justice. This is not only the right thing to do but also the most effective method of legitimizing the process, ensuring accountability, providing remedies, and fighting impunity. However, such a process should not apply bothsidesism as a method of investigation and attribution of culpability.
Pulling the wool over the eyes of the international community, the report created false equivalence to disguise the real perpetrators. There are more paragraphs about calls for the cessation of hostilities, reconciliation, and capacity building than accountability, attribution of culpability, and ending impunity. The report is crafted in a manner that covers up the ringleaders of the crimes, softens accountability, advances recommendations that permit impunity in the name of reconciliation, and establishes false equivalence among warring parties. One paragraph in the report, for example, states, “International mechanisms are complementary to and do not replace national mechanisms. In this regard, the JIT was told that national institutions such as the Office of the Federal Attorney General and military justice organs have initiated processes to hold perpetrators accountable, with some perpetrators already having been convicted and sentenced.” The report advances proposals on non-legal issues including political causes of the war, humanitarian consequences and capacity building of EHRC.
Pulling the wool over the eyes of the international community, the report created false equivalence to disguise the real perpetrators.
It is bizarre that the UN believes that the Ethiopian National Defence Force and the Attorney General of the Government of Ethiopia can ensure accountability. The Ethiopian National Defence Force is a principal party in the war, and the Attorney General remains the chief architect of massive profiling of Tigrayans living outside Tigray, rounding up Tigrayans and leading the campaign for their internment. Like the EHRC, the Attorney General has no prosecutorial independence to hold officials of the Ethiopian government accountable.
Furthermore, many Ethiopians see only the victimization of their own group and not what their side has done to others. Dialogue, reconciliation and peace cannot be achieved while every fact is disputed. This report adds to the fierce dispute around the facts. For this very reason, many will continue to reject the report – as they did the investigation.
Overwhelming segments of the Tigrayan society reject the joint report. In particular, Tigrayans demand that the UN conduct its investigations, revealing Tigrayans’ high expectations of the UN’s ability to establish the truth based on which justice can be served.
Given the recent leaked audio recording that reveals the conspiracy against Tigrayans by some of the leaders in the UN Ethiopia office, one is forced to ask why Tigrayans have such high hopes in the UN. Many are left with no option but to reject outright the poison fruit of the so-called joint investigation, much as the victims, their families, the survivors and the Tigrayan community at large have done. By disregarding repeated calls for an international commission of inquiry, the UN has missed an opportunity for an empathetic and purposeful connection with the actual victims of the war.
Many atrocity situations such as in Rwanda, Darfur, Syria, and Burundi have been visited by the highest level officials of the international community. The highest-level officials of the UN, AU, IGAD and the US and EU leadership should travel to Tigray and other war-torn areas of Ethiopia. Even if permission from the government of Ethiopia for such high-level visits would have been difficult to secure, such attempts by high-level officials to visit the region would have demonstrated at least personal compassion and solidarity with victims. Such visits would have been viewed as both a symbolic and tangible commitment of leaders to end the war and the siege, and address impunity.
In the interests of the victims – and to place them at the centre of UN’s human rights work – the UN should authorize a UN-mandated commission of inquiry to investigate the atrocity crimes committed in Tigray and in other parts of the country.
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