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Somaliland:Public Urged to Use Environmentally Friendly Cooking Stove

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By Goth Mohamed Goth

Somaliland Minister of Environment and Rural Development Hon Shurgi Haji Ismael Banderee Flanked by top officials from the ministry during a press conference held in her office showcased a cheap and economically friendly paraffin stove average families as alternative to charcoal and firewood.

Madam Shukri elaborating on the advantages of stove said, “The average family in Somaliland spends 20% or more of its income purchasing wood or charcoal for cooking and the urban poor frequently spend a significant portion of their income on the purchase of wood or charcoal.

The Director General Mr. Mohamed Farah Hirsi speaking at the press conference said, “Deforestation and erosion are often the end result of harvesting wood for cooking fuel. The main goal of most improved paraffin cooking stoves is to reduce the pressure placed on local forests by reducing the amount of charcoal consummation.

“Additionally, the cash a family spends on wood or charcoal translates into less money being available to be spent on food, education, and medical care; so an improved paraffin cooking stove is seen as a way of boosting a family’s earnings”, he stated.

SomalilandPress.com

 

Somaliland:Doctors will give war victim new face

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Ayaan Mohamed’s face was disfigured when  she was shot as an infant during Somalia’s brutal civil war, but soon the young African woman will have ‘‘a face like everyone else’’.

The 25-year-old from Somaliland will have surgery in the Wesley Hospital in Brisbane on Saturday to rebuild her face, repairing  wounds she suffered as an infant.

Mohamed flew to Brisbane with former Somaliland first lady Edna Adan Ismail with the help of two local Rotary clubs, who helped fund-raise and secure her visa.

‘‘She’s happy and looking forward to it,’’  Ismail said, translating for Mohamed.‘‘She’s happy to get her face back.

‘‘The hardest thing for her has always been when somebody asks ‘what happened to your face?’

She said: ’It just hurts me’.’

Mohamed sat covered in a veil, with only her eyes showing, during a press conference at the hospital on Tuesday.

She prefers to keep her injuries hidden from view.

She fought back tears when asked to describe her ordeal.

Ismail, who founded the Edna Adan Hospital in Hargesia, where Mohamed first sought help as a teenager, said Mohamed was confident about the surgery.

‘‘She said she’s looking forward to … having a face like everyone else.’’

Dr John Arvier, who will head the surgical team, said the operation should be relatively straightforward and would require tissue from the side of her face, skin from her forearm and a synthetic implant to cover a hole between her eye socket and jaw.

Mohamed was denied a medical visa last March.

But Immigration Minister Scott Morrison approved a second visa application, made in October, after he was petitioned by more than 40,000 people on her behalf.

– AAP

Somaliland:A One Day Symposium Held to Review the Many different kinds of interventions that take place to stop FGC

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First Lady Amina Waris among participants attending the one day symposium on FGC

By Goth Mohamed Goth

A one day symposium aimed brought together  the various stakeholders to discuss how to bring FGC out into the open to discuss the harmful effects of this procedure and how to adopt effective ways of interventions in order stop FGC.

At the one day symposium stakeholders discussed ways to review the many different kinds of interventions that take place to stop FGC.

The First lady Amina Haji Jirde was among the dignitaries present at a forum said, “The government also strongly rejects FGC and supports laws against it

The Minister of Religious affairs Sheik Khalil speaking at the one day event said, “Although many people believe that FGC is associated with Islam, it is not. FGC is not supported by any religion and is condemned by many religious leaders. No holy text requires or even supports cutting female genitals. In fact, Islamic Shari’a protects children and protects their rights.

Although much is been done to raise awareness on the issue provide opportunities for people to discuss their knowledge of FGC, relate it to their situation, and consider other options. There is growing local support for condemning FGC and a call for severe penalties such as fines and jail terms to be given to those who practice it as a deterrent measure that works to stop FGC in Somaliland.

The Minister of Religious Affairs flanked by the Deputy Minister of Labor and Social Affairs led the various stakeholders drawn from the local and international NGO,s youth and Women groups in jointly condemning the practice.

SomalilandPress.Com

Sudan: Ethiopian woman gang raped by seven Sudanese men, denied from making a formal complaint of rape and instead charged with adultery and prostitution

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Press Statement

17th February 2014

The Ethiopian woman in Khartoum, Sudan, who was gang raped by seven men, has been denied by the Attorney General the ability to make a formal complaint of rape and thus instigate a full investigation. She has instead been charged with adultery which carries the potential sentence of death by stoning.

In August 2013, a young Ethiopian woman was lured to an empty property and then brutally gang raped by a group of seven men. The incident was filmed by perpetrators but was then distributed six months later in January 2014. Both the perpetrators and the Ethiopian woman have been arrested and initially investigated under Articles 153 and 154 of the Sudanese criminal code which relate to the making and distribution of indecent material and indecent behaviour. Since the court case began on the 6th February 2014, the charges against the woman and the seven perpetrators have been amended to include Articles 151 referring to scandalous acts, 154 relating to prostitution, and 146 which refers to adultery. In addition to those directly involved in the gang rape, a further two individuals have been arrested in relation to the crime: A police officer who saw the victim crying soon after she had left the house and to whom the victim had spoke of her ordeal. The police officer decided against pursuing an investigation as it was a public holiday (Eid Al Fitr). He has been charged with negligence. Furthermore, a NISS police officer also distributed the video online. In total, ten individuals are currently on trial within the case.

The intention to place culpability on the part of the victim, is of great concern and seeks to deflect and reduce accountability of the perpetrators, but more disturbing is that the charge of adultery carries with it the potential sentence of death by stoning if found guilty.

The victim is currently attempting to make a formal complaint of rape to instigate a full investigation. Nonetheless the Attorney General has denied her this on a technicality relating to her currently being under investigation for other charges. The Attorney General has claimed that she should have made a complaint at the time of the incident – this is despite the fact there is no legal prohibition regarding time frames within which one must formally register a complaint. This decision is being appealed, and the decision being awaited.

It is of note that the woman, in the aftermath of the rape, was found by a police officer to whom she explained what had happened. Instead of instigating a complaint, the officer dismissed her issues, which along with the threats of violence against her by the perpetrators, discouraged her from pursuing the case at the time. The officer in question has been identified and is now under investigation for negligence.

Denying her the ability to make a formal complaint which serves to refute the charges being laid against her and pursue justice, renders the perpetrators immune from accountability and violates the rights of the victim. It furthermore is prohibitive of her making a future complaint should the current trial follow through to completion as it is illegal for persons to be tried using the same facts and evidence as deployed in an earlier trial which has been brought to a concluding judgement.

Even if the Attorney General allows for a formal complaint of rape to be made, the likelihood of success is limited, although much evidence has come to light during the trial to indicate that she was forced against her will. The ambiguity of Article 149 defining rape as committing non-consented Zina (adultery) is in itself problematic, since the article stands alone without legal explanatory notes rendering it open to arbitrary interpretation. The vague legislation with a strong burden of proof on the victim has meant that few cases are ever successfully prosecuted and often victims are prosecuted and persecuted through Article 146, adultery, which presents the potential sentence of death by stoning.

The Ethiopian woman, who is 18 years old, is also nine months pregnant, and was three months pregnant at the time of the rape itself. Despite requests for bail which have been denied by the Attorney General, she is being held in a bare police cell and until recently was without a mattress or access to suitable food or clothing, all of which SIHA Network has since purchased and provided.

Where the police and judicial authorities have an obligation to investigate, prosecute and punish, they must uphold their obligations under local, regional and international law inclusive of commitments to the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.

SIHA demands the immediate release of the woman or her transfer to hospital to receive necessary medical attention. Moreover, SIHA believes that the Attorney General should ensure that the victim is immediately able to file a rape case against the perpetrators and directs a full investigation into the crimes of rape and sexual violence. SIHA further demands that the international community exerts pressure upon the Sudanese government and judiciary to enable the victim to formally make the complaint of rape and thus enable suitable proceedings against the perpetrators to fully hold them to account.

For more information please contact joanne@sihanet.org or reem@sihanet.org on either +256 779 386 476 or +249 (0)912333763 (liaison with lawyers working on the case can be arranged as can statements from SIHA Regional Director)

NOTES AND INFORMATION:

  • Previous Press Statements by SIHA Network on the case:

Brutal Gang Rape of Pregnant Ethiopian Woman
Ethiopian Migrant Pregnant Rape Survivor Still Incarcerated and Prevented from Formally Making Rape Complaint

  • Although rarely executed, the sentence of stoning for adultery has been deployed twice in recent years, both times in 2012 where two women, Intisar Sharif and Layla Jamool were convicted for adultery. Following appeals in both cases, the sentences were overturned.
  • Details on Sudan’s Criminal Code relating to the charges of 146, 152, and 154 can be found on pages 2 – 11 of the SIHA report to the 52nd Session of the African Commission on Human and People’s Rights. The pursuit of justice for rape survivors in Sudan is severely limited by the construction of legislation with the burden of proof resting primarily on the victim.
  • A further report by Nobel Women’s Peace Initiative and the International Campaign to Stop Rape and Gender Violence in Conflict detailed the complexities of pursuing rape cases in Sudan and the re-victimisation by the legal system of those who have been violated.
  • Migrants in Sudan experience substantial mistreatment and marginalisation by Sudanese authorities and the Sudanese community at large. Significant animosity is directed towards the Ethiopian community on the pretext that they are steeling jobs with prejudices being laid against them that they are either HIV positive or that they are all prostitutes.

The Sudanese media has been engaged in an effort to defame and thus delegitimize the Ethiopian woman in a bid to reduce the perception of criminality by the perpetrators. Such defamation has included falsely claiming that she has HIV and claiming that she is a prostitute. There have even been cynical attempts to falsely claim that the men were accidently prescribed hallucinogenic drugs by a chemist beforehand.

Somaliland:2013 Media Awards recognizes media talents and quality journalism

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17 February 2014

By Goth Mohamed Goth

SomalilandPress- The Somaliland Journalists Association (SOLJA), in partnership with United Nations, are today celebrating 4 winners of the 2013 Somali Media Awards competition. The Media Awards recognize professionalism and excellence in the Somali media sector.

Somali journalists submitted entries across four categories – gender, children and youth, access to basic services, and investigative journalism. The winners were chosen anonymously and transparently by a jury of veteran Somali journalists with support from UN communications experts. 

The Somali Media Awards were established to encourage journalists who excel and exhibit professionalism in their field. Journalism can be an agent for positive change and development. A fair and impartial media sector can highlight critical humanitarian issues, as well as promote peace and development. For instance, the media has enormous potential to change the way that gender issues are addressed in the public domain through gender-balanced reporting or specific programmes on gender issues –such as gender based violence, female genital mutilation and women’s political participation.

“The quality of the winning entries and the professional style of presentation employed by the winners in the four categories is a testimony to the dedication and rising professionalism amongst the Somali media talent. I am delighted to recognize these talents through these media awards,” said Philippe Lazzarini, the UN Resident and Humanitarian Coordinator (RC/HC) for Somalia.

Lazzarinisaid it was vital that the Somali media is supported to continue in its role as an unbiased voice of the people, which reports responsibly and professionally. A strong media sector is also one of the pillars of a resilient civil society. Journalists should continue to defend the rights of vulnerable people in their communities and in their respective geographic areas to contribute to peace, justice, and freedom.

Somali journalists have over the past years shown a remarkable dedication to highlighting the humanitarian and development issues in the country. The UN is committed in building a strong, vibrant and responsible media for the benefit of all Somali people,” Lazzarini added.

The winners were awarded equipment to support their work, including laptops and voice recorders. By recognizing media excellence and the integrity of Somali journalists, the 2013 Media Awards will acknowledge, inspire, support and promote media excellence.

 

In Kontempt of Ethiopia’s Kangaroo Kourt?

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alemayehu g mariam:

A court of injustice or a court of cruel joke?

I must confess that I take a bit of perverse pleasure in getting full vindication for my long held view that the regime in Ethiopia runs a kangaroo court system. For years, I have been saying that there is no rule of law in Ethiopia and that the courts are kangaroo courts puppet-mastered by the political bosses of the “Tigray People’s Liberation Front”. The jailing of  Ato Asrat Tassie, the former Secretary General of Unity for Democracy and Justice Party, for “contempt of court” last  week is fresh evidence of the travesty of justice and the comedy errors that routinely take place in that country’s kangaroo court system.  

Ato Asrat is in jail for the “crime” of speaking truth to power; more accurately, for speaking truth to those who abuse and misuse political power cloaked in judicial robes. Ato Asrat is “charged” with “contempt of court” for expressing his feelings about a “documentary” and the possible outcome of his party’s defamation lawsuit against the “Ethiopian Radio and Television Agency” in the weekly Amharic magazine Adis Guday. Ato Asrat wrote, “Currently, the Akeldama drama is being aired on TV. This is happening during the ongoing trial of UDJ versus the Ethiopian Radio and Television Agency (ERTA), whereby the latter is accused of defaming the UDJ. We filed a suit against ERTA not expecting justice but just for the sake of recording it in history.”

In December 2011,  in my commentary “Ethiopia: Land of Blood or Land of Corruption?” I shared my review of the “Akeldama” documentary-cum-docutrash fabricated to canonize the late Meles Zenawi by demonizing his opposition as blood thirsty terrorists. 

‘Akeldama’ is sleazy melodrama. It has an exalted hero, dictator Meles Zenawi, the knight in shining armor, waiting in the shadows armed and ready to impale the wicked terrorists with his piercing lance. There is a damsel in distress, Lady Ethiopia. There is an assortment of scheming villains, conspirators, mischief-makers, subversives, foreign collaborators, and of course, terrorists who are cast in supporting roles as opposition leaders, dissidents and critics. It has a sensational and lurid plot featuring cloak-and-dagger conspiracies by neighboring countries, clandestine intrigues by Diaspora opposition elements, sedition and  treason by local collaborators, and of course terrorism. Naturally, in the end, good triumphs over evil. Sir Meles Zenawi, knight errant, political wizard, archer and swordsman extraordinaire, delivers Lady Ethiopia from the clutches of the evil and sinister Al Qaeda, Al Shabbab and their minions and flunkeys, namely Ethiopia’s opposition leaders, dissidents and critics. Hollywood’s worst horror shows have nothing on “Akeldama”. 

A follow up to “Akeldama” titled “Jihadawi Harakat” (“Holy War Movement”) was aired by the ruling regime in February 2013, purportedly exposing Islamic extremists and terrorists preparing for a “holy war” to establish an Islamic government in Ethiopia. I condemned that piece of docutrash in my commentary “The Politics of Fear and Smear in Ethiopia”: 

‘Jihadawi Harakat’ is very similar in tone and content to ‘Akeldama’. The principal difference is that ‘Jihadawi Harakat’ targets Ethiopian Muslims for persecution and vilification. The ‘documentary’ as a whole argues that Ethiopian Muslims, who asked for  nothing more than respect for their basic human rights and non-government interference in their religious affairs, are merely local chapters of  blood thirsty terrorist groups such as Boko Haram (Nigeria), Ansar al Din (Mali),  Al Qaeda, Al Shabaab, Hamas… Despite the lip service disclaimer that the ‘documentary’ is about a ‘few terrorists taking cover behind the Islamic faith to commit terrorism’ in Ethiopia, this ‘documentary’ stands as an ugly testament to official state religious intolerance and persecution rarely seen anywhere in Africa. 

Ato Asrat’s incarceration for expressing his opinion about “Akeldama” is the regime’s underhanded way of punishing him and the UDJ for daring to challenge the content of that docutrash in “court”. It is also the regime’s sneaky way of thwarting the lawsuit by incapacitating Ato Asrat and diverting public attention from the  defamation  lawsuit. It is obvious the ruling regime is pissed off at Ato Asrat for standing up to them in their own kangaroo court and holding them accountable. No opposition leader or dissident ever “expects justice” in the regime’s kangaroo courts. Is that notorious fact a new revelation announced to the regime for the first time by Ato Asrat?  

I have long documented the regime’s misuse and abuse of the courts for political purposes. In a 2007 commentary titled “Monkey Trial in Kangaroo Kourt, I wrote about the Kafkaesque use of the courts by the ruling regime in Ethiopia to crush dissent and suppress criticism. Opponents are arrested for having done nothing wrong. Everything about the trial is a secret — the charges, the court procedures and the judges. They stand trial before know-nothing judges who do the bidding of their invisible puppet masters. Conviction is a foregone conclusion. Miscarriage of justice is a certainty.  

I must confess that I am amused by the Kontempt citation of a Kafkaesque Kangaroo Kriminal Kourt. I am not surprised by the (in)justice meted out to Ato Asrat by the wise Ethiopian judges who incidentally remind me of the  triple primates who “see no evil, hear no evil, speak no evil”. I take my hat off to Ato Asrat for standing his ground and for refusing to defend against a bogus “contempt” charge in a three-ring judicial circus.  

The law of contempt in Ethiopia’s kangaroo court 

Is writing in a magazine article and offering a critical review of a documentary (a veritable docutrash) aired on television contempt of court? Is criticizing the political subversion of the judicial process by the ruling regime contempt of court? Is expressing doubts and concerns about the fairness of a thoroughly politicized judicial system contempt of court? Is it a contempt of court to express one’s opinion about politics and law? Is the exercise of one’s constitutional right to free expression contempt of court? Is complaining about denial of due process and justice contempt of court? Is calling a spade, a spade contempt of court? It telling the truth contempt of court?

As an “officer of the court” in United States federal and state courts, I am a great believer in the principle of contempt of court. Judicial proceedings are solemn and deliberative processes which must be respected by all parties participating in them. The dignity of the court as it conducts its proceedings must be respected all times. Outbursts and other disruptive and disrespectful conduct in court and disregard of valid court orders outside of court are properly sanctioned in contempt proceedings.  

The law of contempt in Ethiopian criminal procedure has not changed for well over one-half century. The sanctions for contempt of court were originally incorporated in the Imperial Government’s “Ethiopian Rules of Criminal Procedure” (Proclamation No. 185 of 1961, revised) under Article 443. The original langauge was subsequentlu incorporated nearly verbatim in Article 449 of the “Criminal Code of the Federal Democratic Republic of Ethiopia” (Proclamation No. 414/2004).  Article 449 authorizes the court to hold a  person in contempt of court if that person “in the course of a judicial inquiry, proceeding or hearing, in any manner insults, holds up to ridicule, threatens or disturbs the Court or a judge in the discharge of his duty…” (Emphasis added.)

The scope of application of contempt sanctions is limited to improper conduct in the courtroom during “the course of a judicial inquiry, proceeding or hearing.” It has no application outside of the courtroom, unless the contempt citation involves violation of a valid court order. Ato Asrat cannot be held liable for contempt for any writing he may do outside of a “course of judicial inquiry or proceeding.” More importantly, his comments could in no way be characterized as “contempt of court” under Article 449 since they do not “insult, ridicule, threaten or disturb the Court or a judge in the discharge of his duty…” Taken separately and/or contextually, his comments were aimed not at the court but the regime’s manipulation, interference and distortion of the judicial process.  In sum, what Ato Asrat did is merely express his opinion outside of court in a magazine article about the general  politicization of the judicial process.    

One of the unmistakable marks of a kangaroo court is the abuse and misuse of the judicial process by politically appointed “judges” for partisan political advantage. By misusing its contempt powers, the “court” that jailed Ato Asrat improperly involved itself in political matters in which the UDJ and the ruling regime are in adversarial posture. Suffice it to say that a court that deliberately and intentionally disregards its legal and ethical obligations and injects itself in politics is itself in contempt of justice.

It is fascinating to observe the hijacking of legitimate judicial authority by hardened criminals. Imagine the lunatics taking over the asylum; imagine the criminals taking over the courthouse. Everyone knows the make-believe “justice” system in Ethiopia is the handmaiden of a kleptocracy, a thugtatorship. The “court” adjudicating Ato Asrat’s “case’ is incapable of handling the truth or administering justice; it is an instrument for the  judicial lynching of regime  opponents.  

Let’s talk about kontempt of justice in kangaroo kourt     

Let’s talk about contempt of justice. For over two decades, the late Meles Zenawi and his successors today have been in contempt of justice. They have used, abused and misused the justice system and the courts for their political purposes and to persecute and prosecute their political opponents. They have used the courts convict their political opponents on bogus charges of treason and terrorism. They have incarcerated untold numbers of their opponents without due process of law. They have used the legal process to deprive citizens of property rights. They have shielded themselves from all legal accountability. They have even used the courts to neutralize and incapacitate their former comrades-in-arms on bogus charges of corruption. 

In January 2012, journalist Reeyot Alemu and Woubshet Taye were convicted on “evidence” that would have been laughed out of court in any civilized justice system. Reeyot was convicted for writing magazine articles and posting them on websites, communicating by email and for having telephone conversations with other journalists. She was sentenced to a 14 year prison term and fined birr 33,000.   Amnesty International declared, “There is no evidence that [Reeyot and Woubshet] are guilty of any criminal wrongdoing. We believe that they are prisoners of conscience, prosecuted because of their legitimate criticism of the government. They must be released immediately and unconditionally.” Human Rights Watch was equally clear about their innocence:  “According to the charge sheet, the evidence consisted primarily of online articles critical of the government and telephone discussions notably regarding peaceful protest actions that do not amount to acts of terrorism. Furthermore, the descriptions of the charges in the initial charge sheet did not contain even the basic elements of the crimes of which the defendants are accused….” Reeyot’s and Woubshet’s conviction is contempt of justice in kangaroo kourt!

In June 2012, Eskinder Nega was found guilty of  “planning, preparation, conspiracy, incitement, and attempt” to commit terrorist acts and sentenced to 18 years in prison. The evidence against Eskinder consisted of nearly inaudible recordings of telephone conversations and other comments and video of a town hall meeting in which Eskinder discussed the differences between Arab countries and Ethiopia. Eskinder has been honored for his exemplary defense of the cause of press freedom by nearly every major international press organization. In January 2014, the World Association of Newspapers and News Publishers awarded Eskinder its prestigious 2014 Golden Pen of Freedom. Jailing a journalist for 18 years for blogging is contempt of justice in kangaroo kourt!

In October 2011, Meles proclaimed the guilt of freelance Swedish journalists Johan Persson and Martin Schibbye on charges of “terrorism” while these individuals were undergoing trial. Meles declared Persson and Schibbye are terrorist accomplices and collaborators: “They are, at the very least, messenger boys of a terrorist organization. They are not journalists. Why would a journalist be involved with a terrorist organization and enter a country with that terrorist organization, escorted by armed terrorists, and participate in a fighting in which this terrorist organization was involved? If that is journalism, I don’t know what terrorism is.”

By publicly declaring the guilt of Persson and Schibbye, Meles made it clear that the whole judicial proceeding is a joke. The trial is a “show trial”. The judges are  puppets who do what they are told. In short, Meles declared to the world that the court trying Persson and Schibbye is a kangaroo court. After Meles emphatically declared the two journalists are “messenger boys of a terrorist organization”, what judge in Ethiopia (except Birtukan Midekssa) would have the balls to stand up and say, “Meles! You are in contempt of court for violating the journalists’ right to be presumed innocent! You are in contempt of justice for trashing the constitutional rights of the accused! 

In 2009, Meles’ top minion labeled 40 defendants awaiting trial as “desperadoes” who planned to “assassinate high ranking government officials and destroying telecommunication services and electricity utilities and create conducive conditions for large scale chaos and havoc.” They were all “tried” and “convicted” and given long sentences. For Meles, court trials were nothing more than circus sideshows staged for the benefit of  Western donors who know better but go along to get along with him.  That is contempt of justice in kangaroo kourt! 

In December 2008, Meles railroaded Birtukan Midekssa, the first female political party leader in Ethiopian history, to prison on the bogus charge that she had denied receiving a pardon. She was not even accorded the ceremonial kangaroo court proceedings. Zenawi sent her straight from the street into solitary confinement and later sadistically declared: “There will never be an agreement with anybody to release Birtukan. Ever. Full stop. That’s a dead issue.” Macho Meles was so pissed off at Birtukan, the only woman in Ethiopia who stood up to his thuggish bullying, he could not wait to try her in his kangaroo court. He “pardoned” her in October 2010 after forcing her to ask for pardon. Jailing one’s political opponent without due process of law and forcing them to beg for pardon is contempt of justice! 

In 2005, after Meles jailed the country’s major opposition leders and editors of several newspapers,  he declared,  “For us, these are not just journalists. They will not be charged for violating the press laws. They will charged, like the CUD leaders, for treason… The CUD (Kinijit) leaders are engaged in insurrection — that is an act of treason under Ethiopian law. They will be charged and they will appear in court.” They were charged as Meles predicted and convicted in kangaroo court. That is contempt of justice in kangaroo kourt! 

The fact of the matter is that everyone knows Ethiopia’s “courts” are classic kangaroo courts.  Everyone knows the so-called judges in political trials of opposition groups, dissidents and others are party hacks and lackeys dressed in judicial regalia. This is not the conclusion of a partisan advocate but the considered view of the U.S. Government and various international human rights organizations. Human Rights Watch concluded in its 2007 report: “In high-profile cases, courts show little independence or concern for defendants’ procedural rights… The judiciary often acts only after unreasonably long delays, sometimes because of the courts’ workloads, more often because of excessive judicial deference to bad faith prosecution requests for time to search for evidence of a crime.” The 2010 U.S. State Department Country Reports on Human Rights Practices concluded: “The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, the criminal courts remained weak, overburdened, and subject to significant political intervention and influence. A criminal court system that is subject to significant political intervention is contempt of justice!

Ethiopian justice or JUST US?

I have long criticized and caricatured the “justice sector” of the “Tigray People’s Liberation Front” as sham, corrupt and whimsical. What passes off as a “justice system” in Ethiopia is little more than a marketplace where “justice” is bought and sold in a monopoly long controlled by one man, one party and today a bunch of faceless, nameless and clueless apparatchiks who skulk in the shadows of power. The judicial system is an elaborate hoax complete with make-believe tribunals, hand-picked judges, witless prosecutors, bogus procedures and predetermined outcomes. It is a justice system in which universal principles of law and justice are disregarded, subverted, perverted and mocked. It is a system where the poor, the marginalized, the audacious journalists, dissidents, opposition and civic society leaders are legally lynched despite the criticisms, pleas and bootless cries of international human rights organization. It is a system in which regime leaders, their families, friends and cronies are above the law and spell justice “JUST US”.

Reforming the Ethiopian JUST US sector?

In 2008, the National Judicial Institute for the Canadian International Development Agency undertook a comprehensive study of the “independence, transparency and accountability in the judiciary of Ethiopia” and made 33 practical recommendations. Among the key recommendations included: 1) demonstration of “respect  for  the  principle  of  judicial  independence, both  by  judges  and  by  the executive; 2)  implementation of a “more rigorous and transparent recruitment process to ensure that the most   meritorious  [judicial] candidates  are  selected; 3) appointment of “neutral, competent judges [to guard]  against  influence  and  corruption,  and  [to] guarantee effectiveness of the courts for Ethiopia’s citizens”; 4)  “successful implementation  of  justice  sector  reforms to  inspire  public  trust; and 5) provision of “appropriate  ethical training to court  staff .” It is unlikely that anyone in the regime has taken the time to read, let alone study, the report and its findings and implement at least some of the major recommendations. I know that is expecting too much, which is why I expect no improvements in the Ethiopian justice sector. A kangaroo court by any other name is still a kangaroo court and justice is spelled JUST US.

Words of solace to Ato Asrat and the UDJ

The bogus contempt charge against Ato Asrat is a virulent form of judicial intimidation, or more accurately political intimidation and bullying in judicial garb. The contempt charge is a test to see if Ato Asrat and the UDJ will fold or fight. Ato Asrat chose to fight by refusing to go along with an unjust application of the contempt law. The broader message is that the regime will misuse the “courts” to silence, muzzle and gag its opponents. 

Dr. Martin Luther King, Jr., argued that while he “in no sense [would] advocate evading or defying the law,” he believed that one has a moral duty to break and not cooperate with an unjust law. In his Letter From Birmingham Jail Dr. King wrote, “I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws…An unjust law is no law at all.” Dr. King “became convinced that noncooperation with evil is as much a moral obligation as is cooperation with good.” Gandhi, who refused to obey unjust colonial laws and was arrested and jailed numerous times, wrote, “An unjust law is itself a species of violence. Arrest for its breach is more so. Now the law of nonviolence says that violence should be resisted not by counter-violence but by nonviolence. This I do by breaking the law and by peacefully submitting to arrest and imprisonment.”

Ato Asrat has followed the path of Gandhi and Dr. King. By refusing to defend against a bogus charge of contempt of court, Ato Asrat has demonstrated his noncooperation with those running a kangaroo court circus. His conscience told him that the contempt charge is unjust and now he “willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice.”

I applaud Ato Asrat for his defiant act of civil disobedience. Ato Asrat deserves our utmost respect, admiration and support for his exemplary act of nonviolent resistance. He has taught us a great lesson: We all have a moral obligation of “noncooperation with evil as much as moral obligation to cooperate with good.” 

Postscript:

Ato Asrat’s incarceration for “contempt of court” is the regime’s first shot across the bow. It is a warning to all opposition party leaders and members and dissidents as the regime makes preparations for the 2015 make-believe elections (N.B. I did not say to steal) The regime is testing the mettle of opposition leaders. Will they cower under the threat of arbitrary arrest and detention withdraw from challenging the regime? Will they run and hide from thugs who will use their power to impose their will? Or will they stand up and declare, “We will nonviolently resist and defiantly refuse to cooperate with your unjust laws and arbitrary actions that suppress our rights to free expression, press freedom, assembly, free and fair elections and trash our human rights!” Time will tell, but everyone should be well-advised that the regime has fired its first shot across the bow by jailing Ato Asrat. 

Hijacking the judiciary is the first refuge of African dictatorships. 

Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.

Previous commentaries by the author are available at:

http://open.salon.com/blog/almariam/

www.huffingtonpost.com/alemayehu-g-mariam/

Amharic translations of recent commentaries by the author may be found at:

http://www.ecadforum.com/Amharic/archives/category/al-mariam-amharic

http://ethioforum.org/?cat=24

Somaliland:Varying Opinions and the Root Causes of the current Political Stalemate

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Extracts from Interviews with MPs who were part of  7 man Committee who failed to Resolve Stalemate

By Goth Mohamed Goth

The much anticipated dialogue talks have collapsed entirely with both sides refusing to relent on their demands in the parliamentary stalemate which has marred the national Assembly for the last two weeks.

The two leaders of the two opposing sides separately briefing the press admitted that they had failed to reach a final comprise and they shall refer the matter back to the house of elders for further consultations and deliberations.

MPs Aligned to the current speaker Hon Abdurrahman Mohamed Abdullah “Cirro” alleged that the it apparently became clear that the executive was still calling the shots and dictating every moves by the   pro government MPs.

On the other hand the pro government camp lead by Mr. Abdurrahman Osman Alin “Abdurrahman Dheere”  speaking to the press during a brief press conference he said, “As you are aware of since the 11th till the 15th of this month both committees representing the two opposing camps have tried our best to find out ways to solve the current impasse, we even reached an extended of agreeing on the agenda but when we tried to reach a compromise on the motion today (Yesterday) unfortunately we once again failed to find a common ground on our previous arguments , as you’re aware of we were the ones who in the first place asked the house of elders to intervene in our dispute but we again decided to once more solve the issue by ourselves and the without the intervention of the Guurti again , I must admit we have failed hence our decision to jointly refer these matter to the house of elders once again tomorrow at 9: 00 am

We also interviewed the leader of the Pro-Speaker camp Mr. Saleban Ali Koore in order to gauge his opinion on matter and he began by saying, “First of all I would like to state that the negotiations were held in a friendly atmosphere and we had several times and after long and lengthy deliberations which lasted at times on hours came close to finding a solution but unfortunately we didn’t achieve our final aim which was to reconcile our differences , I and my collogue who is the leader of the opposing side tried our best to bring both sides closer but once again it was unfortunate we couldn’t force a compromise on our respective camps and due to our incapability to resolve this matter of national importance , We do hereby have once more decided to jointly sought the wise intervention of the Guurti of whom we all place our trust and who we also believe will come up with a just solution to this impasse.

Outspoken critic of the current government and also a member of parliament Hon Ibrahim Jama Rayte on his part criticized and blamed the pro government side camp and the executive for the current parliamentary he began by saying, “The current quarrel didn’t originated within (Parliament) but it has been plant by executive so as to divide the national assembly, as you may remember just recently the house was united and divisions of this magnitude were unheard off and it’s clear that this squabble has being brought from outside, we also understand that the recent negotiations weren’t free of interference from unseen forces hence the futile outcome of the five day negotiation and we are also aware of the threats made in Livepool by a certain Cabinet minister who in a public function revealed how he thinks he can be of a formidable power behind in overthrowing the Speaker of Somaliland assembly Honorable Abdirahman Mohamed ( Cirro) but worse still the Presidency was being used to recruit and bribe MPs to support the motion to ouster the speaker and that cabinet ministers were order to recruit and convince MPs who were kinsmen to support the motion in breach of the our constitution.

Blaming the speaker camp for the stalling the current talks was  Mr. Ibrahim Jama Araale one of the members of Parliament who had previously presented the motion to ouster the speaker spoke to us using a defiance tone had this to say,” Why is it had for Cirro to swallow his own medicine, does it mean it so bitter for him, i still wonder; it was just the other day when voted in favor of his motion to strip his deputies of their house privileges but his ambitions need to be curtailed since he has to far now , he and his followers numbering less than 20 have been holding house and the rest hostage for quite some time now but worse still we in the first day of our discussion told the speaker camp since they have refused to make themselves present in the house proceeding ,let’s sit down and discuss our differences they failed to answer our queries in satisfactory manner for example we asked them why are you blocking the motion which change the vote currently needed to unseat a seating speaker is 55 votes and to 42 votes.

Pro government camp MP Mr. Mohamed Jama who is also a member of the 7man committee said, “We are still wondering why is the speaker and his followers blocking the motion which is in accordance with the parliamentary laws and rules and which more than 57 MPs voted in favor of motion and still Cirro is the speaker and we don’t see why this group is creating such a fuzz on the issue, it’s simple lets vote and see if MPs vote in favor of 55 or 42 vote but again Cirro should know that he is the one who presented the 42 vote motion against the two deputies, so we do hereby urge Cirro to practice what he preaches.

Somaliland: We Should Find Better ways to Manage Our Public Schools

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When it comes to education, specifically in classes, few of the students always dominate. It is one of the teacher’s main challenges how to balance the class- the acumen and the tedious students. Each has got to be educated in the best way possible. Each student has got the right to be motivated and reinforced in regarding his or her situation.

In Somaliland public school students are put into classes without any kind planning for how the class should be run. Academically best students and lowest students sit in the same forms. This always leads to total maladjustment in the classroom- lack of understanding, disturbance, and confusing interaction among pupils.   

First and foremost, diagnostic tests are to be taken in every grade at the beginning of each academic year. The students should be grouped according to their grades. For example, in mathematics class, students get grades between 85% and 100% should be classmates. Students receive grades between 75% and 84% should be classmates. Students get grades between 65% and 74% should be classmates, and so on. This kind of grouping puts the classmates almost on the same page. They understand the details together because their level of understanding and academic is close. The grouping based on grades also helps the teacher to prepare the suitable lesson for every class. Advanced classes might be given different kind of explanations and homework from the lower level classes.

 Grouping-based-grade is effective way to motivate pupils. Every student can challenge his or her classmate. Higher level students will work hard in order not fall into lower level classes. Lower and middle level students will pore over the books to join the higher level classes. The overall outcome is to be long hours of studies for everybody.

This system can be tough unless teacher-rotation is changed to student-rotation. One student can be good at English but not at physics. Such student may attend advanced class in English but lower level class in physics. To do this, whenever a period is over, each student is to move to his or her designed class, but teacher should not move. For example, the biology teacher stays in a specific class, Biology-Class, and different level students visit him there each period.

Changing the current public-school managing is necessary for both psychologically and academically: same level classmates could fly as a flock and the teachers could run the business smoothly. But when a tedious and a bright student sit in a same chair, confusion and undesirable interaction must overshadow the classroom.

Somaliland: Phase II Upgrade Project of Facilities at the Egal Airport officially launched

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By Goth Mohamed Goth

H.E Vice President Abdirahman Abdillahi Ismael “Saylici” today commissioned the second phase upgrade project which the government says is part of a bigger plan to improve the facility to make it a regional flight hub, the airport which was first constructed by the British Empire in 1958 and since has not had any major upgrade.

VP Saylici speaking during the function thanked the Kuwaiti government and expressed his appreciation on behalf of the people of Somaliland for their generous donation.

After the groundbreaking the VP was also given an in depth tour of the ongoing construction work which includes the 1.2 km of runway extension, this second phase was made possible by the fulfillment on our after the donor country was satisfied by the work on the previous project  hence the recent signing of the new agreement between Hon Mahmoud Abdi Hashi and Kuwaiti official in Kuwait which secured additional $5 Million to the project previous $10 Million used in the upgrading of facilities in the two major airports and the latest grant will be utilized for the construction 1.2 km of runway extension to the recently renovated 2,466M runaway , installation of lighting system for night landings as well a 70 KM security perimeter fence and aircraft hangars at the Egal international airport.

The existing length of the apron at the Egal international airport which is 1410M will be extended 100 x 50 meters in order to accommodate several aircrafts. For the safety and security of the passengers the Airport terminals and the Airport property the apron area will be  expanded so the aircrafts can park away from the terminal and maneuver easily around the apron without damage to terminal property or the aircraft itself.

The Minister of Aviation also added that the duration of the Kuwait funded projects expected to last for six month and it will officially commence on the 1st of March till August 2014 The Project will be jointly monitored by the National Tender Board, Ministry of Civil Aviation and representatives of the Kuwait Fund but all funds relating to the project shall be solely administered by representatives of the Kuwaiti fund as I heard said before we had agreed to this term with Kuwait because we are committed to be transparency with all donor funds, rather than say gives us the money, we tell them help us build infrastructure”. When the project is completed Kuwaiti Fund will turn the complete project back to Somaliland government.

Kuwait government will fund this project approximately with five million dollars, with the understanding that they will manage the allocation of the funds.

When the current government came to power the Egal airport was classed as class2 runaway but now its class 7 runaway and when its finally completed it will be Class 10 runaway.

Hon Mahmoud Hashi also revealed plans by the government for the acquisition of fire Fighting One of the important thing in airport environment is an Airport Rescue & Fire Fighting, this is the first respond in case an emergency at airport or in the vicinity of the airport & When the alarm sounds and aircraft rescue fire fighters (ARFF) are called to duty, they must use the skills they have learned through experience and training to save lives and to protect property.

He said the upgrade will contribute to the Somaliland society socially and economically as well as enhance Hargeisa city as a key regional flight hub in the future.

 

 

 

Somaliland:The 7-a-side teams drifting further apart is cause for alarm

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The political fall-out hitherto witnessed in our parliament has had its spoils seep outdoors hence are we now bordering a potential political upheaval if it is not swiftly and decisively put in check.

The latest to come out of the power struggles that pits to their claws two political camps against each other’s necks is now taxing speedily along a bitter rivalry tag-of-war lane; which has just seen the Kore and Abdirahman-dere led mediating teams break camp.

They both affirmed in a joint press release that the conciliatory (or was it re-conciliatory?) talks could not proceed because they were drifting further miles apart instead of closing in ranks to break their dead-locks.

Since the Guurti last stepped in to defuse a political “timeless” bomb within the parliament, the two committees of seven-a-side sought from the Elders to try thrashing it out (amongst theirselves) in an initial basis. Now that they have come out clear on further drifting apart, at least they showed a gesture of wisdom, rarely seen in the reps, hence passed the buck back to the Elders.

Given that the issue has now grown out of hand and several regions are seen to fueling the matters’ fire by pouring on more inflammable substances by hollering loudly the infamous tribal cries of foul, the repercussive upheaval on socio-political security is now even more tenable.

Without reminding our readers of SL’s trademark pacification of homegrown talent that has made us internationally a house-hold name, the same acumen should now be put into gear, and in full throttle at that.

The Guurti, should relieve, once more, up to its reputation and not only do the necessary, but should this time round, put better modalities to hinder future political hiccups that threaten such asunder-rendering implications in the future.

By both explicitly and implicitly, the political fallout seen which has at its base a core political power struggle causative agent, dents by precisely dealing our integrity, image, essence, pride and ultimately our aspirations a serious blow.

By and large as the dents of the blows may be, all stakeholders in the sense of our nationality, stands to take the hit and loose if we don’t collectively put the situation in check.

The populace is naturally put at paints hence subjected to violent subsequent jolts in their minds when they perceive the clannish and tribal way the whole issue has veered into.

The country should not allow unwarranted petty issues to eclipse or rather take our time at the expense of national development. It is more than just being wise, just as it is a top priority issue, to fully support the Guurti and blend in with their efforts to bring the issue to a close.

The Guurti need more than the normal blessings showered since their most prominent one was reported to lament being tired of petty or trivial issues consuming their illustrious time. Of course he is/was right.