Before he was
President Bill Clinton’s Secretary of State, leading a diplomatic
charge that arguably came extremely close to reconciling the
irreconcilable in the Middle East, Warren Christopher was lead
author of the Christopher Report, an officially sanctioned
investigation into the Los Angeles Riots of 1992. And despite
hundreds of landmark legal decisions that changed the course of the
United Sates, Supreme Court Justice Earl Warren will forever be
remembered for leading the Warren Report, the still undisputed
conclusion on what brought upon the assassination of President John
F. Kennedy.
That is hardly
the case in Ethiopia. If there is anything to be concluded from the
release of a report by the Inquiry Commission created last year by
Parliament, to investigate the riots and killings of last June and
November 2005, it is that no one in particular can claim authorship.
The report, it has come to be seen, is decidedly a mixed bag, where
controversies begin very quickly.
The major
source of angst has been human resources related. Opposition parties
and wide swathes of the public at large were incensed that - as they
perceived it - the ruling party was nominating its own supporters.
The opposition complained that they were not allowed to name their
own people to the Commission, leaving the Revolutionary Democrats
to, de facto, investigate themselves.
It was later
proved that that was not the case, when the second blow to the
inquiry’s smooth sailing came when five of these alleged patsies to
the government, including its chairperson, Frehiwot Samuel, quit the
Commission, for what was reported as “personal reasons”, but was
quickly rumoured to be differences with the government.
These rumours were capped by the failure of the Commission to meet
its deadline in submitting the report before Parliament recess last
Ethiopian budget year. Nothing has, however, compromised the
credibility of the Commission, hence its report, more than the
emergence of the Commission’s second chair, Woldemichael Meshesha,
in Europe and the subsequent reporting of the Commission’s alleged
findings by the Associated Press (AP), written up by a journalist
who was evicted from Ethiopia last January.
Whether pushed
along by the AP leak or not, in the end, a report was finally handed
to Parliament on Monday, October 30, presented by five of the eight
remaining members of the Commission, including Mekonnen Disasa
(PhD), the third chairman only named a few months ago.
It is hard not
to conclude that the Commission has hardly had a recommendable
existence, at least on a procedural level.
When the
investigation was first launched, there were three main thrusts to
it. First, the Commission was to determine whether excessive use of
force was employed by law enforcement agencies in their attempt to
quell the violent protest that finally claimed the life of six of
their own, some of killed with grenades. Second, the investigators
were to determine whether international human rights standards and
laws were observed when law enforcement agencies made arrests and
during custody: Over 30,000 people were rounded up and put in
various detention centres across the country. The third was to
determine the loss of life and the extent in property damage.
In the end, the
Commission more or less delivered on the latter two: yes, they said,
there exists reasonable ground to say law enforcement agencies have
failed to observe international human rights standards while doing
their job. Now, we know that 193 people were killed as a result of
the electoral dispute last year, and that over 4.45 million Br worth
of property damage was incurred, led by the 190 destroyed buses at
the Anbessa City Bus Service.
Expectedly, it
is on the first, the question of ‘excessive use of force’ that still
divides the country and, above all, sparked the most vehemence from
opposition parliamentarians last Monday.
Were these
deaths, the ones suffered by the public, excessive compared to not
only what the situation was but also the degree of threat to the law
enforcement establishment?
It does not
take a panel of experts to determine that that many deaths by
government bullets - and the death of six law enforcement officers -
are an absolute tragedy for the country. It does not take much to
claim that the kind of response given by law enforcement agents,
particularly during the June 2005 violence, was excessive when one
recalls that there were angry stone throwing protestors were met
with a shower of bullets. There is no other way to explain the
murder of family members in Arba Minch, a town 489Km south of Addis,
by government soldiers while they were inside their own compound,
and not even joining the crowd out on the streets.
Even the
Commission members were not able to conceal this fact: they rather
urged the public that everything has to be looked at within context,
and in a manner that put into consideration what might have happened
had the government stayed inactive.
This is very
much subject to debate. But, more importantly, the debate on the
‘employment of excessive force’ is about something more than
recognising the tragedy, as indeed, tragic.
It is about
accountability. The report, by clearly stipulating that the response
was not excessive, is clearly saying that the investigation stops
here. In the report, the one released in Parliament anyway, the
effects of those awful days are detailed. It is a result of
interviewing over 600 witnesses and examination of 3,405 documents
collected from the various hospitals and health centres around the
country. It took the Commission members over 48 meetings with signed
minutes; documents that have become sources of controversy
themselves.
These are the
elements that have been expertly brought out and exploited by the
opposition, as it was observed during the lively debate on Monday.
MPs from the opposition parties often complain of feeling like
manipulated outsiders to government, being left very little to sink
their teeth into - the sorry ‘debate’ over the budget last Spring
was probably a good indication of this.
But for once,
however, they shined. The opposition railed wholeheartedly against
the report voicing their complete distrust of its genesis, and
questioning its credibility. They have impressively used the report
to score their points against the ruling party, whose presence was
not even graced by the attendance of the Prime Minister, who
incidentally was in personal command of the security establishment
at the times of the violence.
The opposition
MPs – give a thumps up here for Lidetu Ayalew - insist on the
excessive use of force argument because it then advances the
accountability question. Those soldiers and police officers were
under the specific instructions of the Prime Minister during those
days and everyone knows that. If the officers were found to have
acted excessively, then there could have been a good chance that
might have pointed finger to someone way up. The report, in the end,
nips that line of reasoning in the bud.
But, regardless
of these undercurrents, there are several interesting – and positive
- elements in the whole inquiry saga. Despite all the misgivings
expressed by everyone, the report went to an unprecedented measure
to expose controversial acts carried out by the government. Note
here the most compelling statements made by Gemechu Megersa (PhD),
one of the Commission members.
Who would have
thought that the number of people killed during these periods would
reach to 193, if it was not for this Commission?
Even the
self-exiled deputy chairman does not dispute the facts of the
report. The government has been forced to at least begin justifying
its actions. It has brought the message home that even government
cannot kill at will and avoid accountability at least at the court
of public opinion, a rare occurrence in the political history of
this country.
The other
positive development is an opposition clearly coming into its own.
Opposition MPs were tough, provocative, and strong worded when they
addressed the Commission in Parliament. And the shouts of anger and
political misgivings were largely broadcast for all to see on the
state media, hardly being edited. The opposition was given an
important opportunity to play their role and they delivered.
Notwithstanding the Commission’s inability to pronounce government’s
measure as excessive, the report and the subsequent debate in
Parliament has exposed the government, while the latter should be
acknowledged for its courage not to keep the proceeding away from
the public, which it could easily have decided to do.
But what are
the lessons learned by the events and the subsequent report. No
matter where you stand in the political spectrum, there can be
absolutely no question that nothing is gained by violence, whether
it comes from armed police or stone-throwing youth. Certainly,
neither side has been able to capitalise on the events of last year.
Confrontation and use-of-force only weakened the country, its
institutions, and undermined hopes for a brightening future, a
future that is now more uncertain than it might have been.
That said,
there can be no doubt as well that the government has absolutely
nothing to lose by reaching out to the victims of the June and
November events, including with compensation to those who lost loved
ones.
In a week when the South African government orders flags to fly at
half-mast to commemorate a deceased ex-president who did everything
he could to maintain white supremacy in South Africa, leaders of
Ethiopia’s government can find little argument for not just saying -
flat out and without ambiguity - that they are sorry for the mayhem
and bloodshed of last year, even if some of those victims are young
men who so desperately yearned for the EPRDF to leave power.
By making such
a gesture, the inquiry report could then perhaps enter the annals of
history’s great investigations, like those American ones. Less than
a decade after the Los Angeles riots, a black American became head
of the notorious Los Angeles Police Department, the historically
bigoted institution that the Christopher Report insisted needed
reforming. Maybe stranger, even grander things can happen in
Ethiopia.