EDITORIAL:

Reject the Double-Talk of Meles Zenawi on The Boundary Commission�s Decision

By Tecola W. Hagos

We are all for peace, prosperity, and national security of Ethiopia and the region. However, the recent statement by Meles Zenawi (Ethio-Eritrean peace initiative submitted to the House of Peoples' Representative by PM Meles Zenawi on November 25, 2004 ) of his acceptance �in principle� the decision of the Boundary Commission will not change the fundamental injustice in denying Ethiopia of its historic coastal territories, bottling up over seventy million Ethiopians, and will not avert the continuation of hostilities and war in the region. Since the Boundary Commission�s decision is full of errors of facts, misinterpretation, and misapplication of international norms, principles and practices, such decision will not lead to any peace, prosperity, or security of Ethiopia. The Commission itself is corrupted due to the activities of some of its members. We do not believe that the land locking of Ethiopia can be whitewashed by any agreement or decision in short of returning Ethiopian Sovereignty to its historic Ethiopian Afar Territories and the Territorial Waters on the Red Sea. Meles Zenawi�s present statement is another example of his action of treason.

There is a possibility that the Bush Administration may change its strategic policy due to the recent development of China and Pakistan having a strong presence in Sudan, thereby reversing its support of the April 13, 2002 decision of the Boundary Commission. Meles seems to pre-empt any such change by conceding to the Commission�s decision, thereby giving away Ethiopia�s vital interests and dispossessing millions of Ethiopian Citizens. What would be the fate of millions of Ethiopians in those disputed Ethiopian territories to be ceded illegally to �Eritrea� on the decision of a corrupt Commission that should never have been constituted under such deviousness and manipulation of Governments hostile to Ethiopia and Ethiopians. The situation is far too complex to resolve it by a simple arbitration process where ultimately a decision hinges on a single individual�s vote i.e., that of the Chairman.  

We have shown in several articles that the conflict between Ethiopia and �Eritrea� is purely a fabrication of politicians, destructive governments of states around the region, and Super Powers manipulations. This has nothing to do with our shared history or the people of Ethiopia. Meles Zenawi is a dictator who is responsible for numerous crimes against several thousand individual Ethiopians in addition to the political problems he led Ethiopia into, and the present border conflict being the pinnacle of his misadministration and leadership. His signing of the Algiers Agreement of 2000, a one sided treasonous agreement, preemptively denied the legitimate and historic rights of Ethiopia. The Boundary Commission was corrupted and its decision illegal right from the very beginning when it agreed to step into a setup designed to destroy a sovereign people and their state. The conflict that led to a war between Ethiopia and its breakaway province of �Eritrea� was a culmination of conspiracy over a period of several decades by hostile government functionaries of both seemingly friendly and outright enemy governments.  

The Chairman of the Arbitration Boundary Commission was in the pay of the United States Government as its counsel in some other Case(s) [the Avena and other Mexican Nationals case] involving the United States Government while he was at the same time sitting as Chairman of the Commission. The United States Government is an extremely interested and biased party pushing for the claims of the Eritrean Government It is also paying for the fees and administrative cost of the Commission in a pool setup of other Western Nations such as Britain, Canada, et cetera. There is a clear case of breach of professional responsibility and conflict of interest that colored every aspect of the Commissions proceeding and decision. The role of the Chairman is of great significance because he is the deciding voice on the Commission whose four other members were appointed evenly by the parties. Over all, the Commission, due to the activities of its members in conflict of interest situations, and lack of proper accounting of the time spent on the case, a corrupt body without any credibility.

Even more important, the Boundary Commission has no right to decide on any peremptory norms of international law and practices (jus cogens) that raised issues affecting the human rights of  millions of individuals and the sovereignty of the people of Ethiopia. Such principles can only be changed by equally significant international norms and principles in a manner all international customary law principles evolved and not by the decision of a lowly arbitration commission. The Commission exceeded its capacity when it decided in the guise of so called boundary demarcations on the issues of human rights and sovereignty, issues even the International Court of Justice approaches with great caution.

Knowing the weakness of the claims of the Government of �Eritrea,� the Algiers Agreement was designed to provide the missing piece to connect and use long dead (and defunct, null and void, terminated) series of agreements or conventions signed by Menilik and the Italian Government in 1900, 1902, and 1908. The confusing principle of uti possidetis, no matter how it is applied whether supporting traditional �rights� and �ownership,� or the new evolving idea of �effective control,� both favor Ethiopia as the legitimate sovereign (owner) over the Afar Coastal Territories and the Territorial Waters on the Red Sea. Because of such undeniable legal rights of Ethiopia, the enemies of Ethiopia devised the Algiers Agreement that acted both as a new border agreement and a revival of whatever could be salvaged from those 1900, 1902, and 1908 instruments of no validity if considered on their own.

There are fundamental structural and functional problems with the setup of the Commission in its composition and relationship with the United Nations Security Council as well as the activities of the members of the Commission. The Permanent Court of Arbitration, the umbrella institution for the Commission itself seems to be losing its originating mission of 1899 as revised later, due to inner self dealing, its monetary interest, its exclusivity, allowing one or two individuals using it as no different than a branch office to their law firms or practice. Thus, it too has a disturbing dimension as to its integrity and effectiveness, or impartiality.

In addition to the many reasons stated else where in this editorial and because of the following significant circumstances of:

(a) forcing a weak nation and national government leaders into a biased forum where

contentious issues are prejudged by the use procedural and substantive  provisions

signed prior to or in anticipation of an arbitration process,

(b) overreaching government officials of non-parties to a dispute manipulating arbitrators

and the process of arbitration, and

(c) corruption and absence of full accounting et cetera by the Members of the Commission,

leaves no doubt in our mind that the 13 April 2002 decision of the Boundary

Commission is beyond the pale, corrupted, and illegal. There can only be one

outcome of justice and peace in the area: the restoration of the Ethiopian Afar

Coastal Territory and the Territorial Waters on the Red Sea to Ethiopian Sovereignty.

This is a matter of national security, the continued existence of Ethiopia. We need not be intimidated by the number of hostile nations and governments trying to destroy us. The coward dies several times over, but the valiant only once [to paraphrase an old bard]. Death comes to all of us, even to the most cautious, what is important is how we face our death as cowards or as courageous defenders of our honor, country, and family. The Ethiopian people can stand up to any enemy. It is the current leadership that is compromising the security of Ethiopia and the people of Ethiopia. If Meles is allowed to follow through his treasonous plans, ceding Ethiopian territory, we are looking at the beginning of the end of Ethiopia. 

We reject every form of concession to the decision of the Boundary Commission, an illegal and corrupt body. We condemn the undue and corrupting interference of nations and individuals in the affairs of Ethiopia and its neighbors. We call for the resignation of Meles Zenawi and the recall of his kangaroo-legislative body immediately. We call for Ethiopians to reject Meles Zenawi�s double-talk and mount massive demonstration. We call upon the front-line people of Kunama, Irob, and Afar to resist such illegal interference by representatives of international organizations and foreign governments, as well as the agents of Meles Zenawi by all means available, to defend their land, homes, and families. Long live Ethiopia and Ethiopians!  

Tecola W. Hagos

November 26, 2004