A Week in the Horn December 26, 2008

A Week in the Horn

26.12.2008

Peace and Security Council meets on Somalia
IGAD Ministers meet on Somalia in Addis Ababa
The Political Parties Forum promotes dialogue and tolerance
Celebrating the Universal Declaration of Human Rights
Public consultation on the Draft Charities and Societies Law
Diaspora Corporate Bond Launched

The Peace and Security Council of the African Union held its 163^rd meeting at Ministerial level on December 22, 2008 in Addis Ababa, discussing Somalia as well as the Eastern Democratic Republic of Congo, Mauritania and Guinea Bissau. The Council heard the Report of the Chairperson of the AU Commission on the situation in Somalia and statements from representatives of the Transitional Federal Government (TFG), IGAD, the United Nations and AMISOM. In his report to the Council, the Commission Chairperson made it clear he recognized the immense sacrifices, both human and financial, made by Ethiopia, and again expressed his disappointment at the international community's failure to seize the opportunity in Somalia provided by the presence of the Ethiopian troops, and again appealed to the UN Security Council to shoulder its responsibilities and authorize, without any further delay, the deployment of a UN operation in Somalia. Ethiopia currently holds the chair of IGAD and the Minister of State for Foreign Affairs, Dr. Tekeda Alemu, also briefed the Council on behalf of IGAD on the previous day's Extra-Ordinary Session of the IGAD Council of Ministers. This had been necessary because of the continuing defiance of the President of the TFG in failing to comply both with IGAD Summit decisions of 29
^th October and IGAD Council decisions of 18^th November, and of the agreement concluded in Djibouti between the TFG and the ARS. Dr. Tekeda said the Ministers had reaffirmed their support for Prime Minister Nur Hassen Hussein 'Adde' and his cabinet. The President was told that his so-called Prime Minister was not recognized and sanctions would be imposed on him and his associates immediately. The Ministers recommended an urgent IGAD Summit to be convened in the first part of January. The Minister of State also noted there had been an exhaustive and quite frank exchange of views on the withdrawal of Ethiopian troops. Ethiopia made it clear this was a commitment made to Parliament by the executive and would not change. Ethiopia was prepared to give consideration to coordinating this to avoid a security vacuum, but only until the end of December. The Minister of State emphasized that Ethiopia fully agreed with the Chairperson of the AU Commission about the primary responsibility of the UN Security Council in the maintenance of international peace and security. In the meantime, he said, the AU Peace and Security Council should, as the IGAD ministers had done, send a strong signal of support to the TFG Prime Minister, Nur 'Adde', and his Government. The Peace and Security Council was also addressed by the AMISOM Force Commander who told the Council that after the withdrawal of Ethiopian troops AMISOM, in its current force and configuration, would find it difficult to accomplish its mandate. There were, he said, three options: AMISOM could stay with an improved mandate enhanced force strength both maritime and air assets as us well as additional three infantry brigades; it could stay along with a delayed withdrawal of Ethiopian troops (his preferred option); or thirdly it could withdraw but this would also require support from the Ethiopian Defense Forces.

In its communiqu�, the Peace and Security Council reiterated its serious concern at the divisions within the TFG and in the Transitional Federal Institutions (TFIs), and welcomed the decisions of the IGAD Council of Ministers. It reaffirmed full support for Prime Minister Nur 'Adde' and his new cabinet, and condemned the attempt by President Abdullahi Yusuf to unconstitutionally appoint a new �Prime Minister�. It endorsed the November 18 IGAD Council decision to impose targeted sanctions against all those hindering the on-going efforts towards reconciliation, peace and stability in Somalia, and the previous day's decision to impose sanctions on the unconstitutionally designated �Prime Minister� and his immediate associates. The Council requested the Chairperson of the Commission to establish a committee of experts to provide a list, to be regularly updated, of targeted individuals and entities. The Council welcomed the United Nations Security Council resolution 1844 (2008) of 20 November, as well as the Kenyan Government's decision to take measures against Somali leaders hindering the political process in Somalia. The Council decided to extend the mandate of AMISOM for two more months, starting from 16 January 2009, and said AMISOM should assist in the training of the envisaged 10,000 joint TFG-ARS security force. The Council expressed its appreciation to the Ugandan and Burundian Governments for their continued commitment to the advancement of the cause of peace and reconciliation in Somalia, and to the personnel of AMISOM. It expressed its satisfaction that Uganda and Burundi were prepared to contribute an additional battalion apiece, as well as the confirmation by Nigeria of its pledge of a battalion. The Council called on other Member States to contribute troops and other personnel required for the Mission to reach its authorized strength. The Council paid tribute to Ethiopia for its invaluable contribution to the search for peace and reconciliation in Somalia and for the sacrifices it made by maintaining its troops in Somalia for two years.

The Council, taking into account the decision of the Ethiopian government to withdraw its troops from Somalia by the end the year, in accordance with the Djibouti Agreement, and notes the new challenges posed by this withdrawal. In this respect, and taking into account that the withdrawal of the Ethiopian troops has already begun, Council requests the Commission to engage the Ethiopian Government as speedily as possible to ensure that all the necessary work with respect to transition is fully handled before the withdrawal of the Ethiopian troops is completed. Council further requests the Commission, in consultation with the Troop Contributing Countries to AMISOM, to develop a new concept of operations, as well as intensify its efforts to make available the required resources for the mission.

The Council also called on the Security Council once again to authorize deployment of an international stabilization force and, subsequently, a peace keeping operation to take over from AMISOM and support the long-term stabilization and reconstruction of Somalia. Pending this, the Council requested the United Nations Security Council to authorize a support package for AMISOM on the basis of the UN Secretary-General's proposals of 19 December. The Council again expressed its concern at the increasing acts of piracy and armed robbery, and urged that the international community's zeal and mobilization to deal with this menace should also be displayed to bring to an end the violence and suffering in mainland Somalia. It stressed that any lasting solution to the problem of piracy and armed robbery at sea required Somalia's underlying problems be effectively and swiftly addressed.

On the Democratic Republic of Congo (DRC) the Council heard the Report of the Chairperson of the Commission on the situation and the statements by the Special Envoy of the UN Secretary-General for DRC, Mr. Olusegun Obasanjo, former President of Nigeria, the representatives of the DRC, Kenya, in its capacity as the country chairing the International Conference on the Great Lakes Region, and the Executive Secretariat of that organization. It reiterated its deep concern at the prevailing security and humanitarian situation in Eastern DRC, and strongly condemned the declaration made by the National Congress for the Defense of the People (CNDP) of dissident General Laurent Nkunda, on 1st October calling for the overthrow of the Congolese Government and rejecting the framework for the implementation of the Actes d�Engagement of Goma, the AMANI program. It condemned the numerous atrocities committed and called on the international community to take the necessary measures to bring to justice those suspected of committing human rights violations and abuses against the civilian population. It expressed appreciation for the launching of discussions between the Government and the CNDP, in Nairobi, on 8 December, and urged the parties to conduct the dialogue in a frank and constructive manner. It welcomed the joint operation undertaken by the DRC, Uganda and Sudan in the Garamba Park against the Lord's Resistance Army (LRA), and underlined the urgent necessity to consolidate and deepen the progress made in the implementation of the Nairobi and the Goma processes. It requested the Chairperson of the Commission to dispatch a multidisciplinary mission to assess the situation and make recommendations for the Commission and Member States to provide increased support for reconstruction and peace building efforts in the DRC.

The Peace and Security Council discussed the situation in the Islamic Republic of Mauritania following the 6 August coup there. The Council noted the release of President Sidi Ould Cheikh Abdellahi, but expressed its deep concern with the lack of political will to facilitate a return to constitutional legality. It reiterated its firm condemnation of the coup and all measures taken to consolidate the situation arising from this. It made clear the legitimacy of the institutions democratically elected in the legislative and presidential elections of November 2006 and March 2007. The Council decided that according to the relevant provisions of the Lom� Declaration of July 2000 and the Protocol Relating to the Establishment of the Peace and Security Council on Unconstitutional Changes of Government, that if constitutional order is not restored by 5 February 2009 then the Council will impose measures, including targeted sanctions, such as visa denials, travel restrictions and the freezing of assets, on all individuals, both civilian and military, whose activities are intended to maintain the unconstitutional status quo in Mauritania. The Council underlined the importance of the support of the international community to reinforce the effectiveness of the action of the AU and decided to communicate its decision to the UN Security Council to ask it to actively support the efforts of the African Union. On Guinea Bissau the Council condemned, once again, the attack on 23 November on the residence of President Jo�o Bernardo Vieira. It expressed its support to President Vieira and encouraged him to embark upon the formation of a new National Assembly, as well as a new Government, on the basis of the final results of the legislative elections of 16 November, and thereby re-establish normalcy in Guinea-Bissau's political life. The Council urgently appealed to Member States as well as to the AU�s bilateral and multilateral partners to assist Guinea Bissau in the re-organization of the security services.

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An Extraordinary Session of IGAD Council of Ministers took place on December 21^st 2008. The meeting was convened on account of the President's dismissal of the prime minister in defiance of the decisions of IGAD Nairobi Summit of October 29th as well as of the November 18 IGAD Extraordinary Session held in Addis Ababa. The Council noted that the Transitional Federal Parliament has rejected the dismissal of the Prime Minister as unconstitutional. It also endorsed the new cabinet of the Prime Minister Nur 'Adde' and gave his government full support. The IGAD Council took note of a process of impeachment that has begun in the TFG Parliament. The Council expressed its concern by the failure of the TFG leadership to address their differences. The Council supported the intention of the government of Kenya to impose sanctions on TFG officials who try to be an obstacle to the achievement of the peace process, and all members agreed to do the same should the need arise. The Council also discussed the implications of Ethiopia�s troop withdrawal from Somalia. Some member states requested Ethiopia to postpone its withdrawal until additional forces arrive in Somalia. Ethiopia, however, made it clear it was in no position to postpone its withdrawal. The IGAD Council expressed its appreciation to the people and government of Ethiopia for the sacrifices they have made by deploying troops in Somalia to promote peace and stability. With respect to the probable consequences of the withdrawal of Ethiopian troops, Council called upon the AU Peace and Security Council and the UN Security Council to take expeditious measures to avoid a security vacuum. The Council recommended an IGAD Heads of State should convene in the first part of January.

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The Second Annual Constructive Dialogue Forum of Political Parties organized by the National Election Board of Ethiopia (NEBE), in collaboration with Justice for All-Prison Fellowship of Ethiopia, was held at the UN/ECA Conference Center from December 17 - 19, 2008. With its stated objective of enhancing a culture of dialogue and tolerance, the Forum was attended by senior members of the ruling and opposition parties legally registered to operate at both national and regional levels. Opening the Forum, the Speaker of the House of People's Representatives, Ambassador Teshome Toga, said that political parties and organizations of the country must act according to the Constitution to achieve their objectives and goals. Building a democratic system, he pointed out, was not just a matter of elections. Proper implementation of the law had to be emphasized, and when disputes arose they should be resolved through discussion, tolerance and mutual respect as well as in accordance with the law. In respect of the upcoming national election in 2010, the Speaker noted the importance of drawing lessons from the problems and mistakes that had occurred in 2005 and the need to correct those shortcomings. Professor Merga Bekana, the Chairman of the NEBE, emphasized that the NEBE was ready to work with all legal political parties to further consolidate the democratic system, pointing out that the Constructive Dialogue Forum had been organized with the objective of supporting political parties play a positive role in advancing the culture of dialogue and tolerance in Ethiopia.

During the Forum, research papers on the principles of democratic elections, the contribution of political parties in the advancement of the rule of law, in building a culture of human rights and in promoting constitutionalism, and on the need for consensus building on vital national matters were presented by Ethiopian experts. Foreign experts were also involved. Participants held intensive and detailed interactive discussions on the main ideas presented. There were also group discussions providing the opportunity for all participants to make contributions on such issues as the strengths and shortcomings of the 2005 election. The media coverage, popular participation and the competition among political parties were identified as some of the strengths of the process in 2005, and electoral violence in the aftermath of the vote and the boycott of some opposition parties from both national and regional legislatures were among the main problems that were identified.

The underlying purpose of the forum appears to be indeed very constructive. It is hoped that these kinds of forums would contribute to the strengthening of constitutionalism in Ethiopia and to the further deepening of the tradition of the rule of law, tolerance and mutual understanding between political parties which is critical for the nurturing of democratic culture in Ethiopia.

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The 60^th anniversary of the Declaration of Human Rights was marked a while ago throughout the world, and the events surrounding the celebration of the lofty ideals enshrined in the Declaration were widely covered in Ethiopia�s domestic media. The Week in the Horn has also marked the event with a piece on the occasion two weeks ago. The English language Weekly, Capital, was also one of those which dedicated an editorial to the event. It began with the recognition that the Declaration�s significance largely lies in its symbolism which Capital points out allows for the diversity of cultures that characterize humanity. The Declaration lays out general principles and doesn�t contain provisions whose implementation could be easily monitored. Of course, that is not the objective of the Declaration. Other human rights instruments do serve this purpose. It has not been easy for all countries without exception to maintain the standard established by the Declaration in the human rights area. This is especially true for countries in the developing world including Ethiopia. But still human rights organizations have often demonstrated clear cases of double standard on countries in our part of the world. Indeed, the reaction of some international NGOs has been a far cry from the kind of support and encouragement that the efforts of countries in the developing world might have expected to attract. Ethiopia has not been spared of this double standard. As Capital�s editorial notes: �after all, it is easier to point fingers at Ethiopia than to take an honest assessment of the situation in the backyard of some of the major international players�.

Countries like Ethiopia have had to grapple with many challenges in their efforts to promote full respect for the human rights of its people. The establishment of institutions such as the Human Rights Commission and the Ombudsman are clear indicators of the measure of commitment that the Government has for the implementation of the ideals of the UDHR. Certainly, human rights institutions and political structures have a long and arduous road ahead of them before they can prove their mettle for all, but it�s certainly not an impossible task. Ethiopia may, as Capital's editorial suggests, have an edge over some of its neighbors and others, but that is no reason to rest on any laurels. There is still plenty of room for improvement, a need to learn from others, and the need for resolution to travel all the way, both in human rights and democracy. Of course, it is also necessary to walk before one can run. In this regard, capital is absolutely correct when it said, "No one is perfect and change is an on-going process�. There are still millions in abject poverty; there are entrenched cultures not necessarily conducive for nurturing the ideals of the Declaration.

Some might argue that Ethiopia should always feel obliged to respond to all and every criticism from human rights organizations or other international NGOs. That�s understandable, but in what appeared to be the slip of the pen, Capital cited as UN bodies some of those �watchdogs� which are essentially self-designated groups. In fact, Ethiopia enjoys good working relations with UN agencies, with mandates in the human rights area. At the same time, Ethiopia�s commitment to the respect of human rights isn�t just a government ploy to improve its image or gain �access to the cookie jar�. It is a cause written into the constitution, a cause that Ethiopia upholds as a nation and people with full conviction that the obligation to respect human rights is in fact inextricably linked to the need to protect the viability of the nation as so clearly indicated in the country's Foreign Affairs and National Security Policy and Strategy.

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Three Standing Committees of the House of People's Representatives held a public hearing on the Draft Proclamation on Societies and Charities on Wednesday. Open to all interested members of the public, stakeholders and members of the House, the hearing was chaired by the Chairperson of the Standing Committee on Legal and Administrative Affairs, who explained the purpose of the hearing. Various officials including the Minster of Justice, the Minister in charge of Cabinet Affairs and Head of the Prime Minister�s Office and experts from the Ministries of Foreign Affairs and Justice were available to answer questions on the content and objectives of the draft law. At the invitation of the Chairperson, the Minister of Justice and one of the experts from the Ministry of Justice explained that although the government had undertaken reform of NGOs registration in the past, there was a need to draft a new and comprehensive law as the laws in force, from the 1952 Ethiopian Civil Code and Regulation 321/1959, did not provide a workable environment for charities and societies in the context of the current process of democratization and level of development. They made clear the Government�s firm conviction that Charities and Societies have been making significant contributions to development efforts but noted that the system to ensure maximum benefit for the country from the activities of Charities and Societies was inadequate. The central objective of the draft legislation was to ensure realization of the rights to association and facilitate an active and organized role for charities and societies in overall development. Previous laws and practices had been unable to provide a sufficient framework of accountability and supervision. Gaps identified included lack of clarity in concepts and in the notions of associations and charities under Ethiopian Law. The briefing detailed the process of drafting and consultations for the development of the draft bill. Extensive efforts were made to gather experience and best practices from other countries. The Prime Minister and the Minister of Justice carried out extensive consultations with the stakeholders to help enrich the draft, and it was explained that the draft currently presented for the consultation had addressed a number of the concerns raised by stakeholders.

The floor was then opened for questions, comments and suggestions from representatives of civil society organizations, members of the public and members of the House. Most of the speakers accepted a legal framework as envisaged in the draft law was necessary but many expressed concern on some aspects and raised a number of questions. These included queries on the qualifications of the proposed seven members of the Charities and Societies Board envisaged under Article 8 of the draft law; the compatibility of the draft law with the FDRE Constitution as well as with international agreements such as the International Covenant on Civil and Political Rights, the Cotonou Agreement, and the NEPAD Documents and others such as the Protection of Basic Services (PBS); on whether the proposed fines for infringements of provisions were not too severe; on whether it was necessary to apply the law against all organizations irrespective of their size; whether it might be possible to resolve some of these issues by other means; and whether the comments made in the hearing would be considered in the revision of the draft text. Some also expressed concern that the foreign funding issues could harm their employees and their beneficiaries; that they would not be able to raise sufficient funds from Ethiopian businesses unless incentives were introduced and that the article of the draft which limits foreign funding for certain political activities could narrow funding prospects for some local organizations. Participants suggested that the law should address tax exemption issues related to Charities and Societies.

The explanations that followed made it clear the Government was not targeting NGOs for closure. It has been working very closely with NGOs in development, and some NGOs certainly merited accolades from beneficiaries and Government alike for their service. Indeed, the Government is firmly convinced Ethiopia must continue to nurture the continued development of active and organized civil society bodies. It was emphasized that misleading information originally seems to have confused those organizations working in the developmental sphere. Their earlier concern that they might be affected was mistaken. Explanations of the objectives and design of the law had allayed their anxieties. Concerns about compatibility with international obligations were also based on mistaken or selective readings of the international instruments. The selective reading of Article 22(2) of International Covenant for Civil and Political Rights (ICCPR) is a good example. Those arguing that the draft law contradicts ICCPR have misread the Covenant.

The Cotonou Agreement is a Partnership Agreement between the African, Caribbean and Pacific Group of States, on one side, and the European Community and its Member States at Cotonou on the 23

^rd of June 2000. The relevant articles governing the participation of civil society organizations in the political, economic and social life of the partner countries show that support to be extended to non-state actors should be done in conformity with the laws of the concerned ACP States. The Cotonou Agreement specifically reiterates the rights of ACP States to determine their development priorities �in all sovereignty�, and emphasizes the necessity of taking into account national characteristics in determining whether non-state actors should be provided with financial assistance. The phrase "Subject to the agreement of the ACP State concerned� clearly demonstrates the draft law does not contradict the Partnership Agreement, an agreement providing the framework for dialogue and cooperation. NEPAD similarly provides a framework for civil society participation.

The detailed explanations given on Wednesday also made clear that the Government recognizes that NGOs could make meaningful contributions in a number of areas because of the serious shortages from which Ethiopia suffers. Here, NGOs could establish societies. The new proposed Charities and Societies Agency will have a Board, two of whose members will be from civil society organizations and be elected by the organizations themselves. At the conclusion of the public hearing the Chairperson of the Legal Affairs Committee of the House of Peoples� Representatives expressed appreciation on his own behalf and on that of the three House Standing Committees which had organized the hearing for the participation of members of the public and the civil society organizations. He hoped that this practice of the House of People�s Representatives should be continued and expanded.

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The Diaspora Corporate Bond issued by the National Bank of Ethiopia in collaboration with Ethiopian Electric Power Corporation [EEPCO] was launched at a Diaspora meeting held on December 23 in Addis Ababa. Organized by the Ethiopian Expatriates Affairs Directorate General of the Ministry of Foreign Affairs, the meeting brought together more than 120 invited Diaspora members as well as officials from the Ministry of Foreign Affairs, EEPCO, the National and Commercial Banks. In his opening remark, Ato Nega Tsegaye, State Minister of Foreign Affairs, emphasized the important role of the Diaspora for the development of Ethiopia and elaborated on the various policy initiatives undertaken by the government to mobilize and encourage Diaspora participation in the ongoing processes of development and democratization. He noted the country's rapid economic growth had significantly contributed to the rise in the demand for electric power across the nation. The objective of the Millennium Bond, jointly launched by EEPCO and the National Bank of Ethiopia, is to secure funds to meet the rising demand. Ato Mekuriya Lemma, Strategic Management Team Leader of EEPCO, indicated that more than 1700 towns, and many villages, across the country are currently getting electric power, and this now covered 27% of the country. Realization of the national plan would mean expanding national coverage and an ability to export electric power to the neighboring countries. Officials from the National Bank and the Commercial Bank of Ethiopia presented details about the Diaspora bond. It will be issued for a minimum US$500, maturing in 5, 7 or 10 years with interest rates of 4%, 4.5% and 5% respectively. It is government guaranteed and can be used as collateral for loans in local currency. The interest earned is free of income tax. It can be purchased via SWFIT transfer, through a Diaspora foreign currency account or with cash. Non-resident Ethiopians and foreign nationals of Ethiopian origin can purchase the bond from the Commercial Bank of Ethiopia in cash with foreign currency [US dollars, Pounds Sterling, Euros or other convertible currencies] by presenting a foreign currency declaration form. Members of the Diaspora were invited to purchase the bond both to provide themselves with a profit and to enhance their participation in the on-going development of their country of origin.

"A week in the Horn wishes Merry Christmas and a Happy New Year to all its readers."